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Home My WebLink About2004-10-12 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 12, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Vacant X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Discussed (* 30 minutes) 4. Transportation Task Force Recommendations for TIP FY05: Table to October 19, 2004 Pre-Council Meeting 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat and Conditional Use Permit PO: Prepare Findings of Fact and Conclusions of Law for Denial 6. Discussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8: Approve 7. Discussion of Odor Control Study: Table to October 19, 2004 Pre-Council Meeting 8. Discussion of Ordinance for Appointed Officers: Discuss on Department Reports 9. Discussion of Ordinance for City Attorney: Discuss on Department Reports 10. Discussion of Ordinance for ConductinQ MeetinQs: Discuss on Department Reports * 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 - October 12, 2004 Page 1 of 1 All materials presented at public meeti ngs 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, October 12, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle D Vacant I Charlie Rountree I Keith Bird L Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: d/.rUf..f,fu;(.; (* 30 minutes) 4. Trans ortation Task Force Recommendations for TIP FY05: -/l:e.JU,. ft; /0 -I -p 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat ilnd Conditional Use Permit PD: pr(fJa-...e ~/-F(<::.-r.e kr ~I'~ 6. Discussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8: ar'fh"P VI<. 7. Discussion of Odor Control Study: ~ n, Ip-Ittt-p /- 8. Discussion of Ordinance for Appointed Officers: 9. Discussion of Ordinance for City Attorney: d/:r t::.e4rJ tn.- ~ 4e/JtPrfr #'Jh..rd-- 10. Discussion of Ordinance for Conductina Meetinas: '* 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 - October 12, 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 andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5..A REQUEST Approve Minutes of October 12, 2004 Pre~Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT; CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~.;vJ 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, October 12, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Vacant X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Discussed ('" 30 minutes) 4. Transportation Task Force Recommendations for TIP FY05: Table to October 19, 2004 Pre-Council Meeting 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat and Conditional Use Permit PD: Prepare Findings of Fact and Conclusions of Law for Denial 6. ~iscussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8: Approve 7. ~iscussion of Odor Control Study: Table to October 19, 2004 Pre-Council Meeting 8. Discussion of Ordinance for Appointed Officers: Discuss on Department Reports 9. Discussion of Ordinance for City Attorney: Discuss on Department Reports 10. Discussion of Ordinance for ConductinQ MeetinQs: Discuss on Department Reports "'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 - October 12, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. A n~/nnQ. fiacirinn: ':::li,..,......rnm...,i~Hnn f'nr tilC!'Oh-i'rti,:u:~: r'ohdo.n tn rl.n,...~ IfYlClntc ~:::IIr,I"I/^.. hQ::u"j hl'ic- Meridian City Pre-Council Meetinf:l October 12. 2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, October 12,2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Brad Watson, Bill Nary, William Musser, Anna Canning, Brad Hawkins-Clark, Doug Strong, Dean Willis and Will Berg. Item 1. Roll-call Attendance: o Vacant X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Bird: Council adoption of the agenda, we do have one request from Brad that Item Number 7, the Odor Control Study needs to be a 45 minutes discussion. We don't have it timed tonight and (inaudible) Carollo here, he'd like to continue that to the 19th and for 45 minutes, if possible. If it's agreeable to you. Adoption of the agenda? Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I moved that we adopt the Pre-Council agenda with the removal of items 7 and having that heard on the 19th. Wardle: Second. Bird: It's been moved and seconded to adopt the revised agenda. All in favor say aye. ALL AYES, MOTION CARRIED. Item 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Watson: Thank you Vice President Bird, Mayor and Council members. A little over a month ago, Mr. Turnbull and Mr. Varriale came and asked about the possibilities of providing sewer to approximately two square miles bounded by Ten Mile Road on the east, Black Cat on the west, roughly from Ustick up to ( \ Meridian City Pre-Council Meeting October 12, 2004 Page 2 of 21 Chinden. At that time, it was just a discussion. What came out of that from what I heard was direction to me to, one, bring back the results of another study that we were doing that was initiated before that discussion came here and that was the area, sewer-ing the area north of Chinden from approximately Linder Road to McDermott Road. We do have preliminary results on that today. Phil Chrisbaugh from JUB Engineers is here and he will give a briefing on the result of that study. It does tie in to what we would do on this area south in terms of lift station size and possibly sewer routing and sewer depth and the second thing that I was directed to do was look at - because I raised the concern of wastewater treatment capacity during that discussion, I was directed to go back and look at building permit rates verses wastewater capacity and I'll briefly touch on that and I must apologize I left the office without printing it out and I see that Mr. Turnbull has one in his hands, so hopefully they will let me borrow it when it comes to that point. I am sorry. Thank you. So, we will go through kind of those two topics and then leave it up to you for questions or if you wish to hear from Mr. Turnbull or anybody else. We will answer his questions as well. So, with that I will haye Phil kind of give you a rundown on what they have determined on the (inaudible) study north of Chinden. Chrisbaugh: Thanks Brad. We started looking at this area back in July. The study area is bounded from Linder Road on the east and McDermott Road. To the north Phyllis Canal and to the south of course Chinden or 20/26. It compasses about a little over 1,000 acres about 1.6 square miles. Current conditions, if you are not familiar with this area, we have the Spur Wing development in this area. Of course, the golf course is to the north. We have existing development about five acre tracks and then a little bit higher density, one to two acre type development data in here as for existing conditions. We met with landowners in this area to kind of layout some fundamental land uses options and that's represented in this figure here, where land owners are a little bit further out of the gate, they provided concept plans here as this parcel here shows and where they didn't have concept plans, they have express their desire for what type of land use they wanted on their particular area of interest. Generally, if I could just summarize what the proposed land use by the cooperative landowners that as we understand it is of course, commercial, mixed use fronting Chinden. That would be this yellow area in this concept plan and then it feathers back towards the north varying degrees of residential densities to some larger tracks on the rim here. That kind of summarizes the type of land use - the report that we will prepare will have this figure and I know that text is a little bit hard to read, but that identifies what type of land use it is and for our generation of the model. We looked at two general alternatives for providing central sewer in the area and they can be categorized as alternative one, considered a regional lift station to serve this area and the other alternative considered extensions of future city trunks, the Black Cat Trunk and the McDermott Trunk and looking at pretty much trying to optimize gravity service through those trunks. Alternative one then is a regional lift station, somewhere in the neighborhood of McDermott in the rim, essentially. An 18-inch trunk here Meridian City Pre-Council Meeting October 12, 2004 Page 3 of 21 shown on this option will serve this area. This area generates about 2 cfs of peak sewer flows and the 18 inch working your way up stream of course, gets sized down accordingly 15 and 12 inch in here. These red lines are just conceptual 8-inch collection lines. The point of discharge from this onsite area is a force main serving into the Black Cat Trunk. Again there is about 2 cfs of flow generated ultimately is what's predicted and that has some impacts on your master plan and that's what is flagged here. You are looking at an upsizing of course of the Black Cat Trunk, Depth because you are lifting to the trunk doesn't change appreciably; in fact, it's as (inaudible), shallower. But, you are looking at incremental line sides, from an 18 inch here originally master planned to a 21 and as you step down stream, 18 originally master planned turns into a 24 and to the north Black Cat lift station. Flows at the Black Cat lift station when this area is built out, increase about 55 percent with this area - that has an impact to the sizing of the lift station of course and the sizing of the (inaudible) that are shown here conceptually pumping back to the treatment plant. Ultimately, you will need an 18 inch (inaudible) manned to pump back to the treatment plant when this area - if this area is served through the (inaudible) rather than a 14 inch and we will summarize, we quantified these impacts and put some probable costs on those to and we will present those here in just a little bit. The next option is alternative one "b" and that has the same philosophy as a regional lift station here. The only change is routing the trunk serving to the lift station, trying to knock it out into public right of way a little bit quicker rather than through the middle of the service area as we had in option one "a". This is a slightly more expensive trunk collection system, if you will to serve the onsite of this study area. A little bit longer trunk system and it's a little bit deeper. The impacts to the city system, again, are the same as the previous alternatives - it's for pumping back to the Black Cat Trunk. The second group of alternatives is looking at the viability of extension of these future trunks here to provide central sewer. The main workhorse trunk of course is the Black Cat Trunk line and that can serve about two thirds of this area here. You can see it's extended up, cr50sses Chinden and comes up through the middle here and then we have 8- inch lines that break back into it. That picks up about 1 % cfs, out of that too that's totally generated and serves it through gravity, through the Black Cat Trunk to the lift station down here. There is less flow being conveyed by the (inaudible). The (inaudible) isn't impacted in this particular reach until you get down further to the lift station, but that most dramatic impacts on the Black Cat Trunk is it increases it's depth on an average of about 6 feet over and above what is previously master planned for the city system. A little less impact here at the lift station with the flows being a little bit lower, but you are still looking at a forest main impact as well. Only up one pipe size verses two as before. The McDermott Trunk, we looked at extending that up and it doesn't pick up a whole lot of area here, which kind of works it's - and as such, you end up with the smaller line serve in that area and it really drives this McDermott Trunk deep. It drives it over 30 feet, 33 feet deep and it kind of - meeting with staff and what we would recommend is that kind of washes that alternative out, gravity serving this piece back. It's getting that sort of depths where if you are not picking up a Meridian City Pre-Council Meeting October 12, 2004 Page 4 of 21 whole lot of service area you have to kind of think what you are doing here and we don't think that is too viable. So, we have a generation of a high bred alternative we have looked at and that's lifting this portion with the small lift station here and pumping back to the McDermott Trunk and that's kind of what we are looking at on for impacts that we have got shown here. You have got a little bit more flow now so that up-sizes this line from originally master planned 12 inch to a 15 inch. You have another half cfs or so to contend with here at the lift station, but not a dramatic change on the lift station here, but that's all. In an effort to compare the alternatives, we looked at onsite costs and then added to costs or impacts to the master plan as it is currently been adopted. You can see that the (inaudible) onsite costs and these costs are estimates they are not final costs and they are more public works generic cost and private development, so they are big numbers, I realize, but they are - just to get an idea of if one alternative is going to wash itself out with respect to the others and you can see that they are all pretty comparable here from a capital cost standpoint. We don't look at a-inch lines or anything like that, these are central sewer 10-inch enlarger trunks, lift stations, forest mains and then we quantified the impacts to the city master plan. Alternative two "b", which is the extension of the Black Cat Trunk, with gravity, using gravity to serve two thirds of that area and then a small little lift station on McDermott and the bench is slightly lower than these other alternatives. You are in the realm of cost estimating and I guess at this point, they are all fairly comparable and we need to look at other items that can wash these out, you know, how the project can be phased and this - you know each one of these allows different varying levels of phasing by having the Black Cat being extended up and you still have got to build all your Black Cat off side improvements and those sorts of things. So, there is a little bit of pros and cons on these different alternatives in terms of phasing, but it's really what perspective you want to look at. They are all pretty close for the different three alternatiyes and that's kind of where we are at this course of the study here and I wanted to get some feedback from the Council and staff and we can final up the report. Bird: Brad, do you have anything? Watson: Mr. Vice President, Bird, I guess unless you don't - if you don't have any questions on this part of the study I will speak briefly on the wastewater. Bird: Just a second, I think we do have some - Mr. Rountree? Rountree: Brad the only question I would have in terms - this is a construction cost estimate as far as operation and maintenance is there a preference over a smaller pump station verses a larger pump station looking at the long term aspect of something like this? Watson: Councilmember Rountree, we discussed that briefly yesterday and there are no (inaudible) costs wrapped into this. Obviously, if you have a lower flow pump station, your power costs over time will be much lower. The major Meridian City Pre-Council Meeting October 12. 2004 Page 5 of 21 factor where that place into the lifetime costs is what type of pump system you use. The smaller ones tend to be less efficient as opposed to the centrifugal pumps like we are putting in on the large Black Cat station. So, you get - have higher capital costs with higher efficiencies and we just didn't get to that detail on this particular study. Rountree: You know it's interesting; they are all pretty much comparable. Watson: Yes, the one thing I point out is there are so many - we discussed this yesterday there are so many permutations of these little parts and pieces that we could study this for the next year, I think, and have about 20 alternatives. How this ties into the area south of Chinden is we need to figure out what kind of phasing we are going to have north of Chinden in order to get a plan for south of Chinden or do we ignore it completely and just go with the master plan? So, they may not seem totally related but sewer wise they are very tied together. Rountree: Okay, thank you. Bird: Any other questions Council? I have got a question Brad. A couple of them in fact. As engineers which one would you recommend, which alternative would you recommend to --? Watson: Councilman Bird this alternative two "bit allows greater flexibility in terms of time line for development north of Chinden. It allows the property that has a conceptual plan already to move forward quicker, however, it somewhat penalizes the people west of them in terms of time because they have to rely on the development of the McDermott area. If we come back up to one of these alternatives, which is using one sub-regional lift station for the whole area they are kind of all in the same boat so to speak. It really, really, depends on what Council wants to do with that area and if we really want to include it. Just from an engineering standpoint, smaller lift station down here - engineering wise that's probably the best alternative. Bird: My second question then, Brad, is we don't have the affirmative to go north of Chinden anyway? Watson: Correct. Bird: This is just something that we are hoping. Why can't we go to south of Chinden on Black Cat and be prepared to hook up to it, at this point? Watson: Councilman Bird I think that's what we are trying to do with this third option we would drive the depth six feet deeper than master planned. Just run it up there and eventually they could plug into it if the Council so elected to include that area. The down side is if you don't include that area that there are some wasted costs. Meridian City Pre-Council Meeting October 12, 2004 Page 6 of 21 Bird: I agree, but you also can prepare at the end of that line to receive the other, the north of Chinden line, am I not right? Watson: By going six feet deeper you can. Bird: But, you can prepare for that? Watson: Yes. Bird: And if you don't get it north or just six feet deeper into the line. What would that haye capacity if we just went to the south of Chinden at this point until we are given the go ahead on that land there. What affect would that have on the plant right now? Watson: Well, I can sort of transition into that discussion on capacity. This table and this graph is based on a table that simply tries to project population based on building permit activity and that is this somewhat light line here - population is correlated to the right access. The planned capacity is the - what sort of red line - that shows our history and then our major upgrades and around 2,000 to bring the capacity to 5.5 over the next two years is as I have explained to you several times, we will be upsizing quite a few portions of the plant. This line that moves around a little bit are maximum month flow and most components in the wastewater plant are sized based on that, not all but most. We are in 2004 right now. This appears to be what our excess capacity is - the distance between these two lines, which is roughly 600,000 to 700,000 gallons per day. The flow if it continues to increase as it has, in 2005 would be right here. The differential gets even smaller. This is somewhat misleading right here because this is the year in which the improvements are supposed to be made, but I didn't put them into the chart until 2007. I guess this isn't an exact science, but the point is we are not at crisis mode yet, but we are - I am getting very urgent with our consultant on the wastewater plant upgrade is maybe the best way to say it. Just as an aside, we are meeting with them tomorrow to go over their final scope of services to bring to you for approval, hopefully, next Tuesday. If not next Tuesday, the following Tuesday. Bird: Thank you Brad. Watson: That's alii have unless you have more questions. Bird: Any more questions Council? Mr. Turnbull do you want to speak to the-? Turnbull: Thanks Mr. President. Obviously this is a pretty complicated and technical issue and Brad has made a good overview of it. This is the first time I have seen this as well. Some of these things are things that you need to just sit down around the table and discuss and figure out what the best options and ( Meridian City Pre-Council Meeting October 12, 2004 Page 7 of 21 routes are. I kind of came to the same conclusion without having the technical background that these gentlemen do, but I kind of came to the same conclusion that - and let me just state again, I don't have any interest in the property north of Chinden, but I think it's an important move for the City of Meridian and I think they should plan for that area and by putting that sewer line out there I think you in essence stake a claim to being able to serve that area better than anyone else. So, I think that would be a good move for the City. That said, you know, my property south of Chinden and I really don't want to get caught up in a lengthy drawn out process of how to serve north Chinden while holding south of Chinden. So, I am willing to sit down and Becky McKay is here representing Frank because Frank is out of town today, but we would be happy to sit down with Brad and Charlie, I think, you are the liaison with the Public Works Department and maybe we could sit down and discuss alternatives and figure out how to go from here. That's what I would suggest anyway. Bird: Is that okay with you Councilman Rountree? Rountree: That works for me, you bet. Bird: Brad is that okay with you? Watson: Yes, it is. Bird: I think that's a great idea myself. Turnbull: I appreciate that. I don't have anything else to say unless you have questions for me. Bird: Any questions for Mr. Turnbull? Rountree: No questions, but he - that graphic probably is the one that has keyed all of us in terms of what happens in the next couple of years and we have got to get that plant upgraded. It's not really about (inaudible) lines, it's getting capacity. And that's in the works. That's in this year's budgets. Turnbull: I know you are working with Carollo and I have a meeting with Patrick White who is their head guy here on a different matter tomorrow. They are a tenant of ours and so I can certainly put an electrical charge in his chair. Thank you. Bird: Thank you, David. Council any other questions for Brad or any other things you want to do regarding this? We are going to set up a meeting between Mr. Rountree and Mr. Watson and Frank and David, I believe, and Becky and see what we can work out. I think it's a very, very good idea and bring it back to the Council at a Pre-Council if that's agreeable with everybody. Mayor, do you have any comments? \. Meridian City Pre-Council Meeting October 12, 2004 Page 8 of 21 Item 4. Transportation Task Force Recommendations for TIP FY05: Bird: We got a note from Brad Hawkins-Clark that he had just got this and I have not had a chance to look at it. I don't know if any of the other Council has had a chance to look at it. J don't know if the Mayor has even had a chance. Brad would you like to fill us in on anything that we might need to know? Hawkins-Clark: Sure, I would be happy to do that. We basically took the Council comments from last Tuesday - Katey Levihn with the Highway District, Linda Ritter and Trisha Nelson with COMPASS - frankly they are the ones that kind of went in here and they added a few columns. As you recall the Council was wanting to see construction dates for the project years there and whether or not they were regionally significant. The functional classification was also added in there. The content, you know, really didn't change other than the addition of those kind of four columns right in the middle there. I believe that we have time that we could get maybe Linda Ritter with COMPASS to clarify this if the Council needs another week to look at this before making a decision as to whether or not you want to recommend this list move on to the Transportation agencies. Like I say I really haven't spent a lot of time with either, but content wise in terms of the order we did change the ranking orders that reflects the task forces priorities there on the far left columns so they are listed in that order now. I recall the main question that came up last week was between items three and four and whether or not the Mayor and the Council wanted to flip the order of the Linder Road project and the Ten Mile Road project. The task force submitted to with Linder Road being a higher priority than Ten Mile. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess just to build on the discussion we had last week, if Ten Mile is to be a high priority and I am going on the direction that it is that's why I continue to appear at ITD to see how we can work closer together to accomplish that. The plan that we have for our local roads have got to match that priority. Linder, while it's important, is it more important than all the local landing roads for the Ten Mile Interchange? Can we trade this schedule for 2009 on the five-year work plan for ACHD? At this point, I think it would be better to prioritize some of the other landing roads in it's place and I guess this would really drop it out of the third place quite dramatically. Meridian City Pre~Council Meeting October 12, 2004 Page 9 of 21 Bird: Thank you Mayor and I agree with you. Council do you want to continue this in a week so we can look it over. I mean, I am with the Mayor. I think that we need to look at some priorities that come off of that Ten Mile Interchange. Wardle: Mr. Vice-President. Bird: Mr. Wardle. Wardle: Certainly, I have - I guess one of the things that I heard a representative from ACHD say last week was that they - and during some discussions with the ACHD Commission is they have this scheduled in ACHD's road standard and my only question is that if we move - certainly Ten Mile and the Interchange are important and they are a priority, but if we move that ahead of the Linder Road, which we know Linder is going to be built to ACHD's standards, does that present some sort of a design conflict or even a funding conflict if you put any type of that new money in there only to have to redo it or to limit your design? De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: That conversation was more in regards to Katey who was responding to Linder being moved ahead of Ten Mile because Ten Mile is already in design, they are already looking at right of way. Ten Mile is scheduled for construction in 2007, Linder is not till 2009. They haven't been doing any work yet on the Linder one. Is that correct, Gary? So, this - if we are going to move it, now is the time to move it and then ask for the trade. Bird: Council and Mayor would you like to have Mrs. Ritter come up and - or Gary? Whoever would like to come from ACHD and let us know - or COMPASS? Rountree: Go ahead and fight over it. Inselman: I am afraid I am not sure of the question. Bird: Well, Brad did you have a question for them - you wanted them to come forward? Hawkins-Clark: No, I don't think staff did. I think merely what we are coming down to is obviously most of these projects are ACHD and I think we just need some - if Council wants to switch - it sounds like really the main question on the table is relating to getting confirmation, (inaudible) not Gary, maybe if you receive this list as it currently is. I mean is it going to change up the ACHD scheduling in terms of Ten Mile. ! Meridian City Pre~Counci1 Meeting October 12, 2004 Page 10 of 21 De Weerd: Mr. Vice-President. Bird: Madame Mayor, De Weerd: I guess I will ask a more direct question and Katey kind of observed this last week. We have Linder Road as number three and it's on your five-year plan as 2009. She said the message that we are sending them to the Commission and to ACHD is Linder has a higher priority than Ten Mile and Ten Mile is already in the process of design and right of way and so that caused red flags to them, but in our discussion as wanting to show Ten Mile Interchange and all the local roads to connect up to it. At this point to move Linder into a different priority order and ask ACHD to consider exchanging that road project to another one, closer, more related to the Ten Mile Interchange ifs the best timing now to do that before they start any work on Linder. Is that not correct? Inselman: That's correct. Trying to move Ten Mile now would be difficult, I believe, since we have already started some work on it. Trading Linder for Ten Mile I don't think would affect our priorities or our work schedule, but if you wanted to switch another road for Linder since we haven't began the work then this definitely would be the time. Bird: Any other questions? Thank you. Rountree: Do we really need more time to look at the rest of this or maybe could try and figure out where Linder might better fit in in the priority of things? Bird: That's at your pleasure Council. What do you want to do Mr. Rountree? Rountree: Well, Mr. President, if everybody is more comfortable looking at this for another week and Linda we got another week --? Ritter: Councilman Rountree, Council yes. As long as we receive the letters in our office by the 29th of this month, we should be fine. Rountree: Thank you. Bird: Council, what do you want to do? I would like to see it continued. It shouldn't take us long. We have got the 45-minute presentation by Carollo next Tuesday and we could have this with it and that would give us our Pre-Council. Rountree: Either that or do we want to run suggestions to Brad and then have him compile those and present them to us at the next - Bird: Well, I think we could do that if you'd like. Council? Shaun? Mayor, what - do you want to do that? Meridian City Pre-Council Meeting October 12, 2004 Page 11 of 21 De Weerd: Yes. Bird: Okay, get your things to Brad and then he can have us a new list for next Tuesday. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: Just would like to thank Brad for getting all the entities together and coming up with a more comprehensive way of doing this. It's appreciated. Item 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat and Conditional Use Permit PO: Nary: Mr. Vice-President, I think Mr. Hawkins-Clark has this particular issue and I think you should have a memorandum as well. Hawkins-Clark: Yes, I did submitted a memo last week. Basically just the summary of this item is that staff and the applicant for this Alexandria Subdivision have talked about how we need to move this forward. The remand order has not been formally adopted by Council yet. Basically you did agree to reconsider it and remanded it, but as you might have seen through the minutes that were attached to this memo, I guess my concern was just, well twofold. One was the Planning and Zoning Commission for us to take this back to them and ask them to review this subdivision. At this point, there is almost nothing if any changes compared to what they already recommended to City Council. The two main issues, one being the southern road, the East Greenhaven Street, which is a southern road Alexandria and the question about the width there we feel is what has been resolved and thought that the Council agreed with that a couple of weeks ago, so that would not be a reason to remand it and then the main question is what to do with their non-residential portion that is fronting on Locust Grove Road and if that goes retail or commercial or I am sorry, or retail or office, I guess we just wanted some direction and felt that that would be important for the Commission to receive that direction as well. I think the applicant is here tonight to kind of make their case. Bird: Council do you have any questions for Brad before we hear from Mr. Wardle? Rountree: No. Bird: State your name please. Meridian City Pre-CouncHMeeting October 12, 2004 Page 12 of 21 M. Wardle: Yes Mr. President, Mike Wardle, 4910 Knoll Wood Avenue in Boise. I appreciate the opportunity to come back. This is the original actions were based on the roadway and of course the concern for the proposed non- residential use and as Brad noted the roadway issue has been laid to rest and the item that I have put on your daises this evening does a composite of the roadway standards for the projects in and around and it does conform to all the requirements by ACHD and the Fire Department for the parking on one side as it will be constructed. The only thing that will have to happen in the future is when the adjacent property develops there will be a sidewalk on the other side and that's the only thing that changes. If you take a look at the second page, I'd like to just for the sake of getting this down to an action, I have identified three options and certainly those of what the Council did previously to first deny and then reconsider. There does need to be another hearing held, but we didn't see in our discussions with the staff of what would happen really if it went back to the Planning and Zoning Commission because you have already through that process have approved the Heritage, the Brockton, the Razzberry; all of these projects that are similar in character. So the real question's are option one would be to schedule another hearing before the Council and again consider the neighborhood commercial zone and I have applied - there are four pages from the Comp Plan that are attached here as well, but you don't need to look at this evening because that would come into the discussion at such a hearing. At that same hearing, the Council could say no the neighborhood commercial is not appropriate for whatever basis you choose, but you could apply the more restrictive L-O. That's a right that the Council has through the process. You could have done it originally, but if you determined that neither the commercial or the office zone is appropriate then the third option is approve the residential portion, which I don't think anybody has any argument about now and allow the applicant to come back at some point in the future with a residential proposal for the as yet or currently designated non-residential area. I would note and I pointed this out in the memorandum on the first page that the reason that Razzberry Crossing came to you with the office proposal is because the neighborhood opposed townhouses in that area. The original proposal was all- residential for Razzberry. The neighbors didn't want townhouses closer to Locust Grove Road so the compromise that everybody settled on was limited office. However, under the Comprehensive Plan discussion, if you determined that the non-residential uses are not appropriate because of other considerations then certainly the only other option available is to go to a higher density. They are not talking apartments or anything I am just talking about a higher density residential - could be attached units, town homes or it could be detached - the higher standard - so anyway, those are the options. We think that the appropriate action instead of remand back to the Commissioners for the Council to look at it, say once and for all that no we don't want the commercial or if you deem that the retail options are appropriate, you could approve that. You could apply the L-O zone or you could simply say we will approve the residential portion and ask you to bring back another residential option in the future. That's Meridian City Pre-Council Meeting October 12,2004 Page 13 of21 what we would ask you to do is schedule a hearing, render the decision and approve the residential subdivision. Bird: Any questions for Mr. Wardle? Any questions for the attorney? Rountree: Yes, I have for Mr. Nary. There is more than just this action on the table, is there not? There is an annexation as well that would have to be done? Or was this annexed? Nary: Councilmember Rountree, I don't believe this property was annexed. think that was part of what was- M. Wardle: All of the applications were - Rountree: I mean that would be the first thing. If in fact we as a Council thought that there ought to be another use in limited office or the C-N zone be residential it seems to me that that's something that should go back to P&Z because that is a fairly significant change from the original application. Is that a fair interpretation or do we have latitude there? Nary: Councilman Rountree I guess the issue is are they going to redesign it based upon that recommendation? The Council certainly is free as Mr. Wardle previously stated to change the zone and if there is an issue about the design of the plat then it would make more sense to remand that back to Planning and Zoning. I think the issue - I think Mr. Wardle has stated it correctly, I mean the issue is if you want to rehear it you have the ability to do that. You would have to re-notice the hearing. The issue on the zoning and how the property would be laid out, I guess, would be the issue on whether or not to return it back to Planning and Zoning and I don't know what Mr. Wardle's response would be, but it sounds to me that if that were the Council's decision, I think Planning and Zoning would need to look at it again, wouldn't they Mr. Hawkins-Clark? Hawkins-Clark: I would agree with that. Nary: So, if part of the recommendation, I think, part of why you are here Council is because the initial discussion wasn't clear whether or not you wanted to re- evaluate the zone and the plat that was proposed. If that is what you would like, then that's what the remand would include and then the Alexandria folks would have a little more direction as to how to do that, if that's what your preference is. Rountree: If I remember right we haven't had the findings, but one of the issues was the C-N in this area and neighborhood that wasn't consistent necessarily with where it was in the Comp Plan and we had some difficulty with that. Me, personally, if I were to see this again I would want to see the entire concept redone in terms of consistency with the Comp Plan with some form of residential at that location. I Meridian City Pre-Council Meeting October 12, 2004 Page 14 of 21 (Tape turned over) Rountree: Hearing it again at Council and the remanding it back and then having the public having yet at two more hearings to face that we would at least eliminate one of the hearings, from my point of view. I don't know what the other two Councilmen would like. Nary: Madame Mayor, members of the Council, Councilman Rountree I mean I think that is exactly right. I think that was maybe the clarity or the direction that maybe staff was needing to be able to give to Mr. Wardle so that they could see whether or not they were going to continue with the similar design or whether it was just the street issue and I don't know maybe Mr. Wardle has another comment, but I think you are right. It would probably eliminate one hearing by the Council hearing it, remanding it and then having to send it back again to Planning and Zoning because of the redesign issues. M. Wardle: Mr. President if I might respond, the attorney is correct you could apply strictly the residential zone and the R-8 zone that's been proposed for the residential portion of this does gives us sufficient density capability to come back with a project in the future on just that front. We would not be changing any of the remainder that is shown as the residential at this point. It does give us all the con activity concepts of the neighborhood center in your Comp Plan. It gives us the potential to make all of the linkages between Heritage to the south and this area to the north, so we wouldn't be changing any of this. The only question would be if it's not C-N or L-Q this could simply be held out and come back as a future application and wouldn't change any of the rest of the project proposal. So, we would ask that you actually do that. If you deem that the retail or the office is not appropriate at that point, prove the balance of it in that subsequent hearing - if you just wanted to break this off you could annex only that portion, but you could also annex everything and apply the R-8 zone and again as I stated it gives sufficient density through the process to allow for a reasonably well-designed residential project in the future. So that would be our request is to bring it back, render that decision, but we are prepared to proceed with this portion of the project under any scenario. Bird: Councilman Wardle. S. Wardle: Mr. Vice-President I will just restate my comments during the actual hearing itself and I didn't have - we had some questions about the zoning and capacity for square footage of commercial in that area and I didn't have an issue with that and I still don't. The reason the project was denied is obviously I was not in the majority and so - I will just restate that in the sense that from a hearing perspective I know that there were strong public comments about the project itself and certainly about that commercial zone. I don't know procedurally if it makes sense have all those comments out of Planning and Zoning and then I will Meridian City Pre~Council Meeting October 12, 2004 Page 15 of 21 come forward or not. Just to restate my earlier opinion and then I guess my question for us as a Council is whether to do that procedure. M. Wardle: Mr. President I would point out that there were two neighborhood individuals that came and their primary concern was the retail opportunity that would have hours that would be beyond the typical office. So there were only two people that came to discuss that matter and it was not opposition to the project per se, but it was that one issue. Bird: Very true. M. Wardle: So, again we would ask that you bring it back and render that decision and that we could go forward and get the part that nobody does have any difficulty with moving. Rountree: Mr. President. Bird: Mr. Rountree. Rountree: My opinion as stated previously on some of these kinds of projects is that they are fairly small anyway. I am not of a mind to chop it up even smaller to start figuring out how to make it work. I would like to see it all looked at that front portion coordinated with the rear portion and whatever design concept might be put together for the plat before I would act favorably on annexation. That's my position. Bird: I would agree with Councilman Rountree I am afraid if we do it in parts we are going to get stuck out there and get hung out to dry on the front part. I would want to see the whole concept back before I could move favorably on it too and I agree with Mr. Rountree on that. Rountree: I guess, again, the question for Mr. Nary is if that's the case and that sort of action, would that then result in a sufficient enough change to remand it back to Planning and Zoning before Council? Nary: Madame Mayor, members of the Council, Councilman Rountree I think since all this before you tonight was a request to reconsider. If you don't choose to do that, that's fine. I think the staff had held off the findings, you are allowed to amend the findings when they are before you or prior. You could certainly incorporate if you want to make a motion to amend your findings tonight to include your discussion regarding that front piece and the design of it and the relationship to the Comprehensive Plan as well as to the other surrounding neighborhood to address those neighbors concerns regarding the C-N or the L-O and then they address this as all one property. That could all be included in your findings. That should be within - you should have within a week or two before and then it would be remanded back to Planning and Zoning and they may have Meridian City Pre-Council Meeting October 12, 2004 Page 16 of 21 - they would likely have more direction for the developer to be able to bring that forward to Planning and Zoning. Bird: Council what is your recommendation? M. Wardle: Could Mr. Johnson who actually owns the property make a brief comment, please? Bird: Real short. M. Wardle: I would just point out that it's apparently clear that neither the L-O nor the C-N are what you are interested in, so it would be residential. Johnson: I am Lonnie Johnson. My only concern is we had originally started out as thinking all residential and staff kind of suggested that when the neighbor went with some - what it was supposed to be was like R-8 in the front with some townhouses. The opposition was unbelievable, I mean, there was 40 to 50 people at the Planning and Zoning meeting and they stayed until 1 :00 in the morning and they were mad. It was the neighbors across the road with the one- acre parcels and they were there until 1 :00 a. m. They were just hot and finally Planning and Zoning said, what if we went light office? They said well they don't like any development, but that's probably better than high density because it was against their one acre pieces. So, we went to staff and said we were planning on residential, but seeing the bees nest that that created and being in what should be an R-8, we were in the neighborhood center, we are going to run into the same thing and basically our neighbors told us we would. So, we went with the same thing the neighbors did, trying to go into the light office to break that up a little bit and have less of what the neighbors opposed. That's how we came up with our plan. All I am saying is that if we come back with residential now and these neighbors come back, I just want your backing. I don't care how mad they are, we have already seen that. We tried to work within that, but if they get stirred up - maybe they won't, I know one person moved and I think they were the ones that were really stirring things up and if that happens to be the case we may fly right through, but I was pretty shocked at how many people could come to the Planning and Zoning and how mad they could get, I mean, blood vessels were popping out. One after the other came up and it just went until 1 :00. I don]t mind fighting them, but when you steer me back to that then back me up. Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I guess I might comment that I hope your approach is not fighting them. I hope your approach is going there and working with them to put your client (inaudible) - Meridian City Pre-Council Meeting October 12, 2004 Page 17 of 21 Johnson: We did. We had two neighborhood meetings. They all seemed happy. We had two people show up at our meeting and I thought boy we cut it down from 50 to 2 and we accomplished it. Then it was up here that didn't like it, so we are going back to what they didn't like kind of and that's R-8 residential and that's what they didn't like, so I am not at all wanting to fight them. My proposal has been to follow Razzberry Crossing and to try and not make the same mistakes they did where they got turned down by Planning and Zoning and then had the huge uproar. That was my whole intent. So, we thought we were drafting behind the big truck and all the bad things getting out of the way and that's how we designed it, real (inaudible). I mean to not fight them is to do nothing. That's what they want. Don't develop it. That's to do nothing. So, we thought we would design something and with their talking to them that they best appreciated and they seemed to. They seemed to go along with this in both neighborhood meetings and that's what we wanted. We really thought it would pass flying colors. I was kind of shocked when it came up and not. I was kind of taken aback because it's exactly what we are trying to do was to take the path of least resistance in a nice project. I don't intend on fighting, it's not in my nature. But, I do need to be backed - if I am forced to do it this way and they do get unhappy - I can't predict that they will then I just need your backing just to realize that this is what you guys wanted and put us back too. I don't want to come back three times or four times, just push between the two forces. I am trying to do what - I think it's a great project and we have put a lot of thought into it. But, I don't mind residential in there. Bird: I think that, Mr. Johnson, that you have got the idea of where the Council stands, each one of us individually, so I don't - the thing that I am afraid of is if we keep having these retail and office stuff we are going to have another Fairview Avenue from Curtis Road to Five Mile down Locust Grove. Locust Grove is not capable of having that kind of traffic. At the same token, I don't think that the people out there are ready for apartments and stuff, too. Johnson: That's not what we (inaudible)- Bird: I think that's what your other one come in with was real high density, wasn't it? Johnson: No - it was patio homes or something. It wasn't that much. Maybe that's all blown over. Maybe they had their say, maybe it's blown over and we don't take the chance really. Bird: See what we are going to do here and get it going. Thank you. Council what do you want to do? Rountree: Mr. President, I would (inaudible) that we include our comments this evening as it related to Alexandria Subdivision and the findings and facts and conclusions of law and that those be before us next week and provide direction Meridian City Pre-Council Meeting October 12,2004 Page 18 of21 to staff on future action on this project. I don't know what more we need in the motion. Bird: Do I hear a second? Wardle: Second. Bird: Okay, it's been moved and seconded to move it forward as stated. All in favor say aye. Opposed? Nay. ALL AYES. MOTION CARRIED. De Weerd: Mr. President. Were you an aye? Bird: Yes, I was an aye. Yeah. Item 6. Discussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8: Bird: Mr. Hawkins-Clark were you taking that? Hawkins-Clark: I wasn't set up for that, but I think Mr. Brown is here to talk on this matter. Bird: Okay. Mr. Brown? Brown: I know you have a full evening. Basically what we have is the condition required on Bear Creek No. 8 for us to provide you with a pathway easement. We were in the process of doing that, looking at the property now that the grating has taken place and my client has offered to build that pathway for you. At this point we approached the Park's Department and our agreement that we can put in a location that would best serve them, but we would like you to take ownership of that lot that that is in and that includes the Ridenbaugh Canal and so basically we would fence the back of the properties and then we would install an asphalt path and then leave it to the city to operate and maintain. That's the proposal and the staff said that because that wasn't the way that the condition was originally written it was just granting an easement that we needed to discuss that with the Council. Bird: Any questions for Mr. Brown? Mr. Wardle do you have any? Doug do you have any problems with it? Strong: Mr. Vice-President, members of the Council actually, Mr. Brown, I have discussed this and we think it's a good proposal and we are in agreement with what he is proposing. Meridian City Pre~Council Meeting October 12, 2004 Page 19 of21 Nary: Mr. Vice-President, I was the one that suggested to Mr. Brown to come before you to come before you. I think all that staff needs is direction from the Council to move forward with an amendment to the site specific condition that was already on the plat and then we will go through the process of getting the property deeded over and all of that. But, I think we just needed the direction from the Council to do that. Rountree: Do you need a motion to that affect? Nary: Yes. Wardle: Mr. Vice President before we get to that, just a question to staff. I believe this is a different - to Park staff, I am sorry - Doug, this is a different arrangement than we have seen - than we saw last week in the sense that this is a piece of property which is deeded to the city. So, do I understand that that means that we will also maintain it and if so is that in our budget for the year in which this will be built? Strong: Councilman Wardle, typically in the first year of a pathway that's built like this there is very minimal maintenance to the pathway, so it shouldn't impact the operating budget at all. We have a - this is similar to the Locust Grove Place pathway that went in this last year and we have done some weed control along that pathway and it's had a very minimal impact. So, it's almost an identical proposal as that particular pathway. Bird: Any other questions? De Weerd: Madame Mayor. De Weerd: This is tied to a pathway - I mean this will connect to something. It is in our master plan or at least in a plan? Strong: Yes. De Weerd: Okay. Just wanted to make sure. Rountree: Mr. Vice President I move that we direct staff to prepare an amendment for site specific comment no. 15, Final Plat Bear Creek No. 8 to incorporate the request that we have heard for this evening from Mr. Brown. Wardle: Second. Bird: Okay, it's been moved and seconded to approve the request from Bear Creek on site specific no. 15, all in favor say aye. ALL AYES. MOTION CARRIED. ( Meridian City Pre~Council Meeting October 12, 2004 Page 20 of 21 ( Nary: Mr. Vice-President I was going to say on Items 8, 9 and 10 if the Council would like we could move that to Department Reports on the regular agenda. Bird: Council would that be your pleasure? Rountree: That would be my preference. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess in Item NO.8 on the appointment for officers, it does affect my appointment of Mr. Watson and so it would need to go prior to my report. Bird: Well, we could put it ahead of your report. Rountree: (Inaudible). Bird: I mean, we will put the attorney ahead of the Mayor on the staff reports, okay? Then he can take care of it. Council, that takes Pre-Council meeting. I would entertain a motion to adjourn. Rountree: So moved. Wardle: Second. Bird: All in favor say aye. ALL AYES. MOTION CARRIED. Item 7. Discussion of Odor Control Study: Item 8. Discussion of Ordinance for Appointed Officers: Item 9. Discussion of Ordinance for City Attorney: Item 10. Discussion of Ordinance for Conductina Meetinas: MEETING ADJOURNED AT 7:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I \\ Meet\09 Couoe\ Cu.y pre~ Meod\ao 2 2004 october "\ , e 21 of '2."\ pa9 ** n( 'tRMATION REPORT ** AS OF OCT 11 ,~. .19 PAGE. 01 CtTY OF MERIDIAN DATE TIME TO/FROM MODE M1WSEC PGS CMDIl STATUS 08 10/11 13'59 3810160 EC--5 00'32" 01211 079 OK 09 10/11 14:00 PUBLIC WORKS EC--S 00'22" 001 079 OK la 10/11 14:al 12a84664405 EC--S 130'23" 001 079 OK 12 113/11 14:03 8841169 EC-S 0a'22" 0al 1379 OK 13 10/11 14'a4 2088B413744 EC--S 0a'22" 001 079 OK 14 10/11 14'05 POLlCE DEPT EC--S 130'22" eel 1379 OK 15 levu 14 : 06 8985501 EC-S 00'22" eel 1379 OK 16 113/11 14:07 LIBRARY EC--S e0'26" 0al 1379 OK 17 113/11 14'138 92083776449 EC--S 013'22" 1301 1379 OK 18 10/11 14:139 3886924 EC--S 13<1'21" 13131 1379 OK 19 113/11 14:113 21386886854 EC-S 00'21" 001 1379 OK 20 10/11 14:1021388950390 EC--S 00'22" eel 1379 OK 21 10/11 14'11 128300040 G3--S 0a'28" 0131 <179 OK 22 10/11 14'122138387 6393 EC--S 00' 22" 001 1379 OK 23 10/11 14:13 ADA CTY DEUELMT EC--S 00'21" e01 1379 OK 24 113/11 14:14 8885052 EC--S 013'21" e01 1379 OK 25 10/11 14'15 CHERRY LANE G3-S 00'40" eel 079 OK 26 10/11 14'17 [DAHO ATHLETIC C EC-S 013'22" 001 079 OK 27 1<1/11 14:18 [0 PRESS TRIBUNE EC--S 130'21" 0131 1379 OK 28 10/11 14'19 20888867al EC--S 13a'22" 001 079 OK pIres (' t-bS1 -to\" \,'u61lc \'\10 [ 1 ~ c- . 1 r 1U-' \0 , '.' CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 12, 2004 at 6:00 p,m. City Council Chambers 1. Roll-call Attendance: _ Shawn Wardle _ Vacant _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2.. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: (. 30 minutes) 4. Transportation Task Force Recommendations for TIP FYOS: 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat and Conditional Use Permit PO: 6. Discussion of Site SpecIfic Condition No. is for the Final Plat of Bear Creek NO.8: 7. DiscLlssion of Odor Control study: 8. Discussion of Ordinance for Appointed Officers: 9. Discussion of Ordinance for City Attorney: 10. Discussion of Ordinance for ConductinQ Meetings; 'Approximate allowable time settor agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Merklltln City Pro-C~"nclIAg,,"da - Oclob<!112. 2004 Pogo1 of 1 All matoriDls plOOOllled al pu~!icmeellllg$ eflIIlI be<;ome property of the City of Me,k1ian. fo.."10f1f> d"';llng accommodoUon fordj""baitieo related to documents andlor hearings plea.. conll1Cllhe CilI' cl.rl<'~ O/lk:<l.l Be~ at 1...148 houn; priori" Iho public "'..Ung. .''f$/:'. . 1~~~~ > cYvre;;d/::ti-M\ ID.-\HO l / i ~p Osf rhSk \0< ~u.b\\c N6t\ CC - ~ It\(ln.~ ( MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Parks & Recrea tion 11 E. Bower Street 888-3579/ fax 898-5501 Meridian, Idaho, on Tuesday, October 12,2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 regular scheduled City Council meeting as well as the following issues: - Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 - Transportation Task Force Recommendations for TIP FY05 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat, and Conditional Use Permit - Discussion of Site Specific Condition No. 15 for the Final Plat for Bear Creek No. 8 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Discussion of Odor Control Study - Discussion of Ordinance for Appointed Officers . Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Discussion of Ordinance for City Attorney - Discussion of Ordinance for Conducting Meetings - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 The public is welcome to attend the meeting. DATED this 8th of October, 2004. ~~ - - CITY HALL 33 EAST IDAHO AVENUE lVIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 888-4218 HU~I(\N RESOURCES-FAX 884.8723 FINANCE & UTILITY BILLlNG-f,\X 887-4813 ~IAYOR'S OFI'ICE-J1\X 884-8119 AS OF OCT 11 i0~ 14:133 PAGE. 01 ** TX CONP. ....17 ION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDl:l STATUS 01 10/11 13:51 128301313413 G3--S 88'31" 881 078 OK 82 10/11 13:52 208 387 6393 EC--S 130'27" 1301 078 OK 03 10/11 13:53 ADA CTY DEVELMT EC--S 130'28" 081 078 OK 04 18/11 13:54 CHERRY LANE G3--S 138'43" 001 1378 OK 135 18/11 13:56 IDAHO ATHLETIC C EC--S 88'27" 1301 878 OK 136 10/11 13:57 ID PRESS TRIBUNE EC--S 00'28" 881 1378 OK 137 10/11 13:58 20888867131 EC--S 130'27" 081 878 OK 11 113/11 14:132 88851352 EC--S 813'28" 801 078 OK i!1fCJ.s-e n)5-\' tor rl.J.Y.:>t\l \""'U \ I '-I,... \ ~......... L .......~ .... 'l- . r cM;;;:;dla:iz~ ~, 6.'r, """ . lD,~HO , ~~IC";~'i\>tIL~"\''''''\; MAYOR Tammy dt: Wt:L>ro CITY COUNCIL MEMllcHS WiUiam L. M. Nary Keith Bird Charles M. I{O\\,.,tree ShaLln Wardle CHY DEP^RTMENTS Fire 540 I:. Fra"kl!!, Road 888-12:l4/ (a~ 1!~5-()3\10 l'urkR &: Rc<::rcaLioll 11 E. Bower Stl'eet 888-35791 fax 898-5501 Plannh'g ,~ Z"ni "go 660 E. WaLerLower Lane S uile 202 884.-55:nl fax 888-6854 Police 14m ~ Walcrlower L;me 8SB.667S/fax 846-7366 Publi, Worl<s 660 E. Watertower Lane Suite 200 898-5500 11,1;< 898-955) . Iluilding 660 E. Watel.tower Lill11: Suite 150 887.2.2111 fax SS7.1297 . S~wer (WWTP) 3401 N. Tel;! Mile RN.<l !l!\8.2191 1 fax B84.0744 - Water 2235 N, W. 81h Sneet B88.52421 fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wifl hold a Pre-Council Meeting at City liall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 12,2004 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 Black Cat Sewer Trunk by David Turnbull and Frank Varria/e - Transportation Task Force RecommendatIons for TIP FY05 - Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat, and Conditional Use Permit Discussion of Site SpecifiC Condition No. 15 for the Final Plat for Bear Creek No.8 - Discussion of Odor Control Study - Discussion of OrrJinance for Appointed Officer.; - Discussion of Ordinance for City Attorney - Disoussion of Ordinance for Conducting Meetings DATED this 8\h of October, 2004. The publiC is welcome to attend the meeting. CITY HALL 33 EAST IDAlIO AVENUE MERIDIAN. IDAHO 83642 (208) 888-4433 Clt\' C~I:l1U-l'\U R~Il'4218 Hll~lhN I'.~SO~I1C~S-l;.o,X IlM-i\723 l'IN,\Nr.~ ~ U1"l~IT\' BILLING-FAX Sfl7.4l'113 M^YOIl"S OPPJCF.-F^X 88'H:HI9 F\rr(r' PU;4 -10( ,ll6\\c NOhcL(- \\'\(l(\\(\\\ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 12,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Vacant Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: (* 30 minutes) 4. Transportation Task Force Recommendations for TIP FY05: 5. Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat and Conditional Use Permit PO: 6. Discussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8: 7. Discussion of Odor Control Study: 8. Discussion of Ordinance for Appointed Officers: 9. Discussion of Ordinance for City Attorney: 10. Discussion of Ordinance for Conductina Meetinas: * 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 - October 12,2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disa bifities rerated 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 ~p /C1TYOF ~~ '-/VI erldlan'--~,"::J "'\ ID,\HO }' .\ /f ,... F "O-h!:J/ {' '. I ~~,.... I!rr 1 H!.o.\....t'W'-_\.."-, MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 12,2004 at 6:00 P.M. The Parks & Recreation ] 1 E. Bower Street 888-35791 fax 898-5501 Meridian City Council will be discussing agenda items which are on the Planning & Zoning 660 E. Watertower Lane Suite 202 884-55331 fax 888-6854 regular scheduled City Council meeting as well as the following issues: - Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale Police 1401 E. Watertower Lane 888-66781 fax 846-7366 Transportation Task Force Recommendations for TIP FY05 Public Works 660 E. Watertower Lane Suite 200 898-55001 fax 898-9551 - Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Pla~ and Conditional Use Permit Discussion of Site Specific Condition No. 15 for the Final Plat for Bear Creek No. 8 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Discussion of Odor Control Study - Discussion of Ordinance for Appointed Officers - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191 Ifnx 884-0744 - Discussion of Ordinance for City Attorney - Discussion of Ordinance for Conducting Meetings - Water 2235 N. W. 8th Street 888-52421 fax 884-1159 The public is welcome to attend the meeting. DATED this 8th of October, 2004. ~~ \\\\\1111I II/Iii, \\\\ .-:: ME /111 ,\\ -f or fY/^ '1/ " ~ '<..I/. 'l .::o~ 6~ . POD A '11- 'l~ ~ cp'f'.. ''''l1'(::; ~ t '* (> ~ .1. CITY H1\LL 33 E1\ST 1D1\1-I0 AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 8R8-4218 HUMAN RESOURCES -f~\X 884-8723 FfNANCE & UTILITY BILLlNG-E-\X 887-4813 ~t;\YOR'S OFFICE- FAX 884-8119 Revised October 11, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday~ October 12, 2004~ at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Vacant X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: Approve As Amended 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: Approve B. Tabled from October 5, 2004: Land Lease Aqreement with Ken Hamilton Presentations: Table to November 3, 2004 Meeting C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Approve E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian City Council Agenda - October 12,2004 Page 1 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and lor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised October 11 J 2004 frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04*027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an l-L zone for Danik Gymnastics by Viktor Danilovitch - 345 South Adkins Way: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an 0- T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw - 128 East Pine Avenue: Approve I. Findings of Fact and Conclusions of Law for Approval: V AR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: Approve J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: Approve K. Findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: Approve L. Findings of Fact and Conclusions of Law for Approval: CUP 03- 070 Request for a Conditional Use Permit for a Planned Development for residential subdivision in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: Approve M. Findings of Fact and Conclusions of Law for Denial: MI 04- 005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Meridian City Council Agenda - October 12,2004 Page 2 of 5 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 October 11, 2004 Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: Approve N. Findings of Fact and Conclusions of Law for Denial: PP 04-021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Approve O. Findings of Fact and Conclusions of Law for Denial: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for a mixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Approve P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Approve Q. Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: Approve R. Award of Bid for Drilling & Construction of Supply Well #26 for Treasure Valley Drilling: Approve S. Change Order No. 1 for WWTP Clarifier #1 and #2 Protective Coating: Approve T. Streetlight Agreement for Highgate Subdivision: Approve 7-U. Request for Reconsideration for CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Daycare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive: Notice for new Public Hearing for November 3,2004 Meeting V. Economic Development Coordinator Agreement with Cheryl Brown: Approve 6. Department Reports: A. Mayor's Office - Tammy de Weerd Meridian City Council Agenda - October 12,2004 Page 3 of 5 All materials prescnted at public meetings shall become property or the City of Meridian. Anyone desiring accommodation ror disabilitics related to documents andlor bearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised October 11 , 2004 1. Appointment of Public Works Director: Approve Brad Watson 2. Appointment of City Council Member: Christine Donnell Approve B. Fire Department - Kenny Bowers 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No. 4 at Eagle Road: Presented C. Attorney's Office - Bill Nary 1. Ordinance #04-1107 Appointment of City Officers and Employees 7. (Items Moved from Consent Agenda): Item U 8. Continued Public Hearing from October 5, 2004: AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC- east of North Eagle Road and north of East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 9. Continued Public Hearing from October 5, 2004: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Approve - Attorney to Prepare Resolution 11. Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Meridian City Council Agenda -October ]2,2004 Page 4 of5 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 October 11, 2004 Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 15. Ordinance No. 04-1108 : RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Approve 16. Ordinance No. 04-1109 : AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storaae Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Approve 17. Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road:. Approve 18. Election of Officers: President - Keith Bird Vice President - Charlie Rountree 19. Executive Session per Idaho State Code 67-2345(1)(c)&(f): No Decision Meridian City Council Agenda - October 12,2004 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised October 11, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12,2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: 2. --K..- Shaun Wardle .....~ Bill Nary V;u:ak-f'" -L Charlie Rountree =::R::= Keith Bird )( Mayor Tammy de Weerd _ Add- X c/vu-sll~ ~;u..eL Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: afJj7Y'PVl<- c(.r A-~.t<- 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: ~fT'?/V'<- B. Tabled from October 5, 2004: Land Lease A$1reement with Ken Hamilton Presentations: %W.L k 11- g.....P1- C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: ~v.c- D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Graye Road: ~~ E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian city Council Agenda - October 12, 2004 Page 1 of:5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone ~iring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at Ieast 48 hours prior to the tmblic meeting. ( Revised October 11, 2004 frontage for proposed Leeshire Subdivision by SWI Associatesl LLC - 5603 N. Locust Grove Road: ~- F. Findings of Fact and Conclusions of Law for Approval: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: ~w- G. Findings of Fact and Conclusions of Law for Approval: CUP 04w030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Oanilovitch - 345 South Adkins Way: J&p~ H. Findings Ctf Fact and Conclusions of Law for Approval: CUP 04.031 Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw-128 East Pine Avenue: "1P~v-' I. Findings of Fact and Conclusions of Law for Approval: V AR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw -128 East Pine Avenue: "7'r........... J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: ~~ K. Findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: ~ L. Findings of Fact and Conclusions of Law for Approval: CUP 03- 070 Request for a Conditional Use Pennit for a Planned Development for residential subdivision in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Developmentj LLC - east of South Black Cat Road and north of West Franklin Road: ~ ~ M. Findings of Fact and Conclusions of Law for Denial: MI 04w 005 Request to allow direct lot access to North Under Road from an existing home on Lot 2, Slock 2 of Cobblefield Crossina Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road ; ~v-<- MendillO City Council Agenda - October 12,2004 Page 2 of 5 All materials presented at public meetings shall become property oftbe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearing please conmct the City Clerk's Office at 888-4433 at least 48 bourn priQr to the public meeting. 7- 6. Revised October 11, 2004 N. Findings of Fact and Conclusions of Law for Denial: PP 04-021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: ~v-1 O. Findings of Fact and Conclusions of Law for Denial: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for a mixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. -2935 North Eagle Road: ~V'K-- P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow..lt Storaae Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: ~~ Q. Permanent and Temporary Easement Contract for the ~ Waterline Improvement Proiect. Eagle Road Waterline Extension: ~f''''- R. Award of Bid for Drilling & Construction of Supplv Well #26 for Treasure Vallev Donina: ~V"<,./ S. ChanQe Order No.1 for WWTP Clarifier #1 and #2 Protective Coating: ~~ T. Streetliaht Aqreement for Hiahaate Subdivision: ~V/tC--' U. Request for Reconsideration for CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Davcare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive: l1#"/7u ffr ~- f1/~..f::rr 11- ?-o4- V. Economic Development Coordinator Agreement with Cheryl Brown: df J"WVfA- Department Reports: ~I-if\/' t1fHW -- !J?il /..ltf/-f/) _ 1- () h:( ~uV P. 67 1--11 0 7 ~il:9/ j.....{n-ttvl- A. Mayor's Office - Tammy de Weerd ~ 6?~~ ~ . ~~r~'~~ 1. Appointment of Public Works Director: f17ret..L WtLffcrr- ~V'L- 2. Appointment of City Council Member: CJ.../"r(.fe I\.L ~8"'h~ ~V'<..-- B. Fire Department - Kenny Bowers Meridian City Council Agenda - October 12, 2004 Page 3 of 5 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 October 11, 2004 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No.4 at Eagle Road: rSe-~.(..~ 7. (Items Moved from Consent Agenda) /?e-- U- 8. Continued Public Hearing from October 5, 2004: AZ 04..022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: ;n".cj7~ -//rF -r e--I.l' .-rlh- *,?pnPv~ 9. Continued Public Hearing from October 5, 2004: PP 04..029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, lLC - east of north Eagle Road and north of East Fairview Avenue: ~p~ //;:" cl..( -hr<<,r~v~ 10. Public Hearing: VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: ~ V'-' - ar.,LrnrA-f..:/ -10 jH'e.p~ ie ["p ( u. f1 (n.) 11. Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: '"Nrp~ -rl.f ~ G-f..t ~,.. ~~ 12. Public Hearing: CUP 04..034 Request for a Conditional Use Permit for a gas station and conyenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: pftep~ r.e. ,fJ/.f. ./ c l...e ~ ~~vd- 13. Public Hearing: AZ 04~Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Ro~d: I /"_ _ ~ j7 fl.(./p ~ -f'rt:'; t:-:..e. 1""'1lT A.-pf1YO 14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R~4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Fo/lf,l/t..(. -r/f f c/..t fin- ar~veve 15. Ordinance No. {? 4- --! I el B RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~V..L. Meridian City Council Agenda - October 12, 2004 Page 4 of 5 All materials presented at public meetings shall become property oftht: City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearillg please contact the City Clerk's Office at 888-4433 at least 48 hoors prior to the public meeting. 16. 17. l8. Revised October 11, 2004 Ordinance No. tJ 4- - II P ? AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storaae Facilitv by Lyons Developmentl LLC - southwest comer of Stoddard Road and West Overland Road: ~r CI'<- Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Fann, Inc. - east of South Eagle Road and north of East Victory Road: ~-rr(/'(....o' E7~';;"" b f ().fh~ : Ir~.rr',{~.f- - /~)-h. ~/~ tI'R.R-fJnfFd e4-C - O~ Il~ /l.61"'7'~:tY'e.r...- /1. fk~ eu4vi. krn-;J 6?-1-'14S- (-~ ~ {- f . ,...~ drz cr .fJ'.r>- MeridilUl City Council Agenda - October 12, 2004 Page 5 of 5 Alt materials presented at public meetings shall become property of the City of Meridian. Anyone iksiring accommodation for disabilities related to OOCUl1wnts and/or bearing please CQntact the City Clerk's Office at 88&-4433 at least 48 hours prior to the public meeting. October 29, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 3, 2004 ITEM NO. 5-C REQUEST Approve Minutes of October 12, 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: u -rYfg{ #VfT' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. Revised October 11, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12,2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Vacant X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: Approve As Amended 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: Approve B. Tabled from October 5, 2004: Land Lease Aareement with Ken Hamilton Presentations: Table to November 3, 2004 Meeting C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Approve E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian City Council Agenda - October 12, 2004 Page 1 of 5 Revised October 11 J 2004 frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04~027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04~030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch- 345 South Adkins Way: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an 0- T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw -128 East Pine Avenue: Approve I. Findings of Fact and Conclusions of Law for Approval: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: Approve J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: Approve K. Findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PD) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: Approve L. Findings of Fact and Conclusions of Law for Approval: CUP 03- 070 Request for a Conditional Use Permit for a Planned Development for residential subdivision in a proposed R-8 (PD) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: Approve M. Findings of Fact and Conclusions of Law for Denial: MI 04- 005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossina Meridian City Council Agenda - October 12, 2004 Page 2 of 5 Revised October 11, 2004 Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: Approve N. Findings of Fact and Conclusions of Law for Denial: PP 04-021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Approve O. Findings of Fact and Conclusions of Law for Denial: CUP 04-023 Request for a Conditional Use PermIt for a Planned Development for a mixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Approve P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storaqe Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Approve Q. Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: Approve R. Award of Bid for Drilling & Construction of Supplv Well #26 for Treasure Valley Drillinq: Approve S. Chanae Order No. 1 for WWTP Clarifier #1 and #2 Protective Coating: Approve T. Streetlight AQreement for Hiahqate Subdivision: Approve 7-U. Request for Reconsideration for CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Davcare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive: Notice for new Public Hearing for November 3, 2004 Meeting V. Economic Development Coordinator Agreement with Cheryl Brown: Approve 6. Department Reports: A. Mayors Office - Tammy de Weerd Meridian City Council Agenda - October 12, 2004 Page 3 of 5 , ., .. ~ ... , Revised October 11, 2004 1. Appointment of Public Works Director: Approve Brad Watson 2. Appointment of City Council Member: Christine Donnell Approve B. Fire Department - Kenny Bowers 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No. 4 at Eagle Road: Presented C. Attorney's Office - Bill Nary 1. Ordinance #04-1107 Appointment of City Officers and Employees 7. (Items Moved from Consent Agenda): Item U 8. Continued Public Hearing from October 5, 2004: AZ. 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Developmentf LLC - east of North Eagle Road and north of East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 9. Continued Public Hearing from October 5,2004: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Approve - Attorney to Prepare Resolution 11. Public Hearing: AZ. 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC - northwest comer of East Overland Road and South Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik MeridillD City Council Agenda - October 12, 2004 Page 4 of 5 Revised October 11, 2004 Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: AZ 04-005 Request for Annexation and Zoning of 527 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Prepare Findings of Fact and Conclusions of Law for Approval 15. Ordinance No. 04-1108 : RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Approve 16. Ordinance No. 04-1109 : AZ 04-013 Request for Annexation and Zoning of 13,5 acres from RUT to C-G zones for Stow-It Storaae Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Approve 17. Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Fann, Inc. - east of South Eagle Road and north of East Victory Road: Approve 18. Election of Officers: President - Keith Bird Vice President - Charlie Rountree 19. Executive Session per Idaho State Code 67-2345(1)(c)&(f): No Decision Meridian City Council Agenda - October 12, 2004 Page 5 of 5 ~ . t i 1 i . " ~. I II 1 ,r-.. ..rI;.. I" IL II" . 1~ Meridian City Council Meeting October 12. 2004. The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, October 12, 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, Ann 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'd like to thank you all for joining us here this evening and call the City Council regularly meeting to order. It is, Tuesday, October 12th. It is 7:20. We will start the meeting with roll call. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance and here tonight with Meridian High School -- and we do enjoy having our high school government students join us. Jessica Lockett will be leading us in the pledge. Please rise. Item 3: Community Invocation by Pastor Stan KellYJ with Capital Christian Center De Weerd: Jessica, I'd like to give you a pin for leading the pledge tonight. Okay. Item No.3 is our community invocation. Please join us in the community invocation or take this time for a moment of silence. Here tonight to lead us is Pastor Stan Kelly with Capital Christian. Kelly: Thank you, Mayor, City Council. Heavenly Father, we thank you for this great community that you have allowed us to live in, to work in, to recreate in. Lord, it truly is blessed by you. We thank you for a vibrant economy. We thank you for good neighborhoods and good people. Lord, I ask that in no small part, Lord, it's due to these that sacrifice their time for more than just a paycheck to see that we all enjoy those blessings and so, Lord, I ask that you would watch over the families of these city workers and Council and the Mayor, you'd watch over everything that they do, Lord. We ask for your presence here tonight. Lord, I ask you for courage to say yes when things are good for the future and, Lord, the courage to say no when it might not be so good or maybe later. Lord, so we thank you for you watching over these proceedings Meridian City Council October 12, 2004 Page 2 of 39 tonight and just bless this place with a peace and unity to where you could command the blessing. We ask this in your Holy Name, Amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Kelly, I think we have given you a water tower pin, but not one of our new city ones. Thank you. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. We need to -- on the Consent Agenda, Item B, table that to November 3rd, 2004. Item U I'd like to see move to 7 -U, we need a little discussion on that, and in the department reports, we need to have a i-A ahead of the Mayor's report by the city attorney and Item No. 20 -- or 18 we need an executive session, as per Idaho State Code 67-2345(1)(c) and (1)(f). And with that I would move that we approve the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to approve the agenda as amended. Mr. Bird, can we also add a 19 for election of president and vice-president and reconfirm department assignments? Bird: Sure. Rountree: I agree. Bird: Yeah. Let's do that. Can we call that 18 and the executive 197 De Weerd: You bet. Bird: Okay. De Weerd: Okay. All those in favor of the amended agenda say aye. All ayes. Motion carnes. MOTION CARRIES: ALL AYES: Item 5: Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: Meridian City Council October 12, 2004 Page 3 of 39 B. Tabled from October 5, 2004: Land Lease A~reement with Ken Hamilton Presentations: C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-O zones for proposed leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an l-L zone for Danik Gymnastics by Viktor Danilovitch - 345 South Adkins Way: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an 0- T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw - 128 East Pine Avenue: I. Findings of Fact and Conclusions of Law for Approval: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Meridian City Council October 12, 2004 Page 4 of 39 Development, LLC - east of North Black Cat Road and north of West Franklin Road: K. Findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03-070 Request for a Conditional Use Permit for a Planned Development for residential subdivision in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: M. Findings of Fact and Conclusions of Law for Denial: M104-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road N. Findings of Fact and Conclusions of Law for Denial: PP 04- 021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: O. Findings of Fact and Conclusions of Law for Denial: CUP 04- 023 Request for a Conditional Use Permit for a Planned Development for a mixed-use development consisting of 120 multi- family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Q. Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: Meridian City Council October 12, 2004 Page 5 of 39 R. Award of Bid for Drilling & Construction of Supplv Well #26 for Treasure Vallev Drilling: S. Change Order No. 1 for WWTP Clarifier #1 and #2 Protective Coating: T. Streetlight Agreement for Highgate Subdivision: V. Economic Development Coordinator Agreement with Cheryl Brown: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, item B, we need to table until November 3rd, 2004. Item U we need to move to the regular agenda as 7 -U. And with that I move we approve the Consent Agenda as revised and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the noted changes. Is there any further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Attorney. De Weerd: Thank you. Okay. Item NO.6 we will start with the City Attorney. Nary: Thank you, Madam Mayor, Members of the Council. I have submitted a couple of different ordinances before you. The one that's probably the one I request that you address tonight is the one that's dealing with Section 1-8-81, appointments by the Mayor of city officers and employees. This code has only been amended once since 1955 and it didn't have any of the current positions of the city appointed, department directors, contained within this, as well as it wasn't compliant with state code as to how people were appointed or removed from office. So, I have submitted that for your consideration to amend the code to be compliant with the state code. The other ones aren't as critical for this evening for you to adopt. You certainly can put them off to Meridian City Council October 12, 2004 Page 6 of 39 another week if you'd like. I will just give you a very brief overview of all the different ones that I have given you. 1-7-5 is Council meetings. It was my recollection we had actually amended this in 2002, but it never did get amended. It's still currently in the city code that the meetings are at 6:30 and there are at the -- that the agendas are set differently on the 1 st and 3rd Tuesdays and the 2nd and 4th Tuesdays and we amended this by practice in 2002 and for whatever reason the ordinance itself was not amended. I have put that in front of you for your consideration. I did delete out the portion that required the meetings be mandatory the day after a holiday on a Tuesday. You can certainly always set a special meeting on the Wednesdays after a holiday if you wish, I just -- I just took out the mandatory requirement of it. The Council, you always have the authority to do that. I also deleted the section in here that required that the meetings be conducted by the 1953 addition of how to conduct a municipal meeting, because no one has that book available any longer. Again, that does not have to be adopted tonight, you have the time to consider that. We can put it on next week's agenda if you would like. The next one is the 1-8C-1. The city attorney provisions -- there was only about four provisions for city attorney that were requirements. Basically, to attend the meetings, to prosecute actions, to file writs of error, which no one does anymore, and that to take action to punish offenders, but the city attorney doesn't really punish folks, they just prosecute folks. I tried to clean up the language and make it a little more current, but I also did it for another purpose. One, the intent is to hire a deputy city attorney in the near future. There was no provision for such an office, so I included that provision in the ordinance. And also, secondarily, in the different departments you have deputy directors of the various departments or deputy chiefs. Currently, all city employees are at will. Only department directors are appointed. In the prior ordinance 1-8-1, it indicated fire assistants were appointed, but no other assistants were appointed and that probably made sense in 1953, but it doesn't make as much sense now. What I did in trying to use this as a model for your consideration was that as we go through these different ordinances for the departments, my thought is that the deputies -- the deputy chiefs or the deputy directors of different departments wouldn't necessarily need to be appointed, but it would be clear that those people were appointed and worked for the chief. And so if they -- if the chief were to change, that person could change to a different person if the director wanted that to happen, certainly with your -- it does require the advice and consent of the Mayor and the Council. So, you would have opportunity to have input about those. But I tried to use this as a model. So, again, you don't have to pass this tonight, you have opportunity to review that, if there is changes you want, I can certainly make them. I did expand the duties to one that's a little bit more current and I did -- and mostly just for my own desire, the first duty I put for the attorney is to provide the highest standard of legal ethics, accountability, and responsibility for the City of Meridian. It's something I felt was very important that it be in the ordinance that it's clear that that's the direction from the Mayor and the Council. The last one is very lengthy and it doesn't, again, need to be approved tonight and you probably do want some opportunity to review it. The rules of procedure for public hearings is already a code. We have had a number of discussions with the Planning and Zoning director and the Planning and Zoning Commission about procedural rules for hearings. What this is patterned after is the current practice of how these hearings are conducted. It was previously discussed before you with the prior city Meridian City Council October 12, 2004 Page 7 of 39 attorney of passing these as a resolution of the Council, rather than an ordinance. The problem by doing that is that the public doesn't have an opportunity to review what that is, so if you put it in your ordinance, it's available on the internet, it's available here in the city, anyone who wants to know what the procedure is can find it, can see it, it's written, it's clear, it is the law of the city and so following it is a little easier for the perspective of the different -- the different commissions or the Council. Again, it's pretty lengthy. If you read it it's the same information that's been discussed with you previously. It follows the method that you currently follow anyway as how much time each party were to have, who goes first, what the protocol is, those types of things. It has a few extra definitions of things that might be helpful to both the Councilor the Commission or the public in how the hearings are conducted, but it is fairly lengthy, it will require a summary, which I haven't had an opportunity complete yet, to be attached to it, so, again, it doesn't have to be done tonight, but, please, take that and review it and if you'd like, we can put it on next week or the week after, whatever is convenient for you. But I would suggest before the Mayor's appointment on the next section that Council can certainly move 1-8-1 forward and Mr. Clerk can add an ordinance number to it and you can approve it if you'd like, so -- and if there is amendments, you can make amendments to it, whatever your preference is. That's it. De Weerd: Council? Bird: Madam Mayor? De Weerd: Now that he's taken a breath. Yes, Mr. Bird. Bird: Man, he's got longwinded since he started sitting over there. I don't have any problems with th is. If the -- if the clerk has got an ordinance on it, 1-8-1, the appointments, I have -- this is a short one, it's basically the same as we had, only just cleared up and made easier to read for me. So, if you have got an ordinance, I will be glad to get a motion. You expect me to read it that far? I can't see that far. De Weerd: 04-1107. Bird: One what? Rountree: 1107. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve Ordinance 04-1107, without a reading and with suspension of the rules. Rountree: Second. Meridian City Council October 12, 2004 Page 8 of 39 De Weerd: It's been moved and seconded to approve Ordinance 04-1107. Is there any discussion? Mr. Berg. Can we do this without reading it by title? Rountree: We didn't publish it either. Nary: Pardon me? Madam Mayor? De Weerd: Yes. Nary: Members of the Council, in the future I think we are going to try to avoid the reading process by setting the agenda up differently. Because this particular one was not on the agenda, I would recommend that you probably read the title. The rest of the ordinance has the language in the state code that allows you to waive the reading rules, but at least for this one you should probably do that. Bird: I'd make a motion that-- De Weerd: Okay. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Mayor, Members of the Council. Ordinance No. 04-1107, an Ordinance amending Title 1, Chapter 1, Sections 1 and 2 of the Meridian City Code regarding the appointment and removal of the department directors and other appointed officers and providing for a waiver of the reading rules and providing an effective date. And with that I guess I'll take roll call vote, since the motion's already been approved to approve this ordinance. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office - Tammy de Weerd 1. Appointment of Public Works Director: De Weerd: Thank you, Mr. Berg. The next Item is appointment of our Public Works director . Bird: Madam Mayor? De Weerd: Yes. Bird: Before we go on forward, can we get a clearance on the rest of these ordinances that come forward next week or what do you want us to do? De Weerd: Yes. These can be published and brought back to you next week. Meridian City Council October 12, 2004 Page 9 of 39 Bird: And if we have got any things we need to get into you or the attorney-- De Weerd: If you will get them directly to Bill. Bird: Okay. Thank you. De Weerd: I think we kind of took for granted that this appointment was already made and a done deal, but Brad likes to make sure all the I's are dotted and T's are crossed and we have a new Public Works director that needs to be officially appointed. We've had a number of discussions about Brad's qualifications and the continuity and the leadership that we will provide this office and so I would like to bring his name to you to officially appoint as our Public Works director. And I would like to have a motion, please. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It's my pleasure to move to accept your nomination and appointment of Brad Watson as the Public Works director for the City of Meridian. Bird: Second. De Weerd: It's been moved and seconded to approve the appointment of Brad Watson for Public Works director. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea. MOTION CARRIED: ALL AYES. 2. Appointment of City Council Member: De Weerd: Thank you. And we'd like thank his family for being here as well. Okay. My next item is appointment of a City Council member. We had five people who submitted a letter indicating their interest in this position and I have talked with each of you. You all have a copy of those that did apply and I would like to bring the name forward of Christine Donnell to fill City Council Seat NO.2. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need a motion. I would move that we approve your appointment of Christine Donnell to Council Seat No.2 for the remainder of the term. Wardle: Second. Meridian City Council October 12, 2004 Page 10 of 39 Rountree: I support that with a second. De Weerd: Okay. I appreciate the two seconds. Is there any discussion on this? And we won't give Christine an opportunity to back out now. Bird: She thought she was busy when she was superintendent. De Weerd: Okay. Before I ask for a roll call vote, I would like to note that I really believe that when Bill took the position of city attorney that his position would be a great void and I think that Christine will bring a different background, certainly, but she fills a void that has been in our community and that's a relationship with the school district that is so critically important to the city, in particular, the timing of now and so it just thrills me that we can again complete the background and experience that is up here on our Council and have a real diverse look at the different applications, the different situations that come in front of us. So, I appreciate the emotion and I guess I'm assuming that I know what your votes are going to be. Rountree: Well, maybe not. Bird: You better not assume. De Weerd: Better stop now. Mr. Berg, will you please call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Good timing on that. I also would like to go ahead and ask her to take the oath of office and we will swear her in. Mr. Berg. (Christine Donnell sworn in for Council Seat No.2.) C. Fire Department - Kenny Bowers 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No.4 at Eagle Road: De Weerd: Okay. Our next department report is our fire department, Chief Kenny Bowers. Bowers: Good evening, Madam Mayor, City Council Members, welcome to the team there, Christine. It will be fun. It will be a lot of blast. I wanted to bring some updated information to the City Council tonight. Last night the Meridian rural fire protection commissioners voted to approve and sign the agreement and contract with ZGA for the NO.4 fire station on Eagle Road. Bill Nichols and John Fitzgerald has already went Meridian City Council October 12, 2004 Page 11 of 39 through the contract and approved -- both of them approved the contract. What we want to do now, we will be scheduling a couple of neighbor meetings out in that area. We talked about that today in our department head meetings to get input from all the neighbors out there of color of the building, what type of fencing, and the whole works. So, they have approved and signed it and I wanted to bring that information to you tonight. Any questions? De Weerd: Hallelujah. Bowers: Yes. Hallelujah. We can get started on it now. Bird: Next spring they should break ground. Yeah. Bowers: Okay. Thank you. Item 7: (Items Moved from Consent Agenda) U. Request for Reconsideration for CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Davcare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive De Weerd: Thank you, Kenny. Okay. Item 7. We removed U from the Consent Agenda. Which of our Council members would like to discuss this? Rountree: On Item 7 -U? De Weerd: Yes. Rountree: Madam Mayor, the applicants have provided additional information related to this particular application and have asked for reconsideration and they have addressed the issues that were brought up at the Public Hearing, so I'm moving that we reconsider our action of denial on the Steeves' application request that it be reheard at the soonest possible date. Bird: I would second that. De Weerd: Mr. Berg, when would that be able to be heard? Berg: Madam Mayor, Members of the Council, I believe I looked at the date it was November 3rd. Rountree: November 3rd. De Weerd: Okay. That gives time for proper notice? Meridian City Council October 12, 2004 Page 12 of 39 Berg: Yes. We are noticing with 15 days prior to the hearing date and two times in the newspaper. De Weerd: Okay. Thank you. Okay. Now, that wasn't a motion, but we did already get a second. Rountree: Yeah. That was a motion. De Weerd: Oh, was it a motion? Bird: That's why I seconded it. Yeah. De Weerd: Oh. Okay. So, we have a motion to reconsider and the date is November 3rd. Does that work? Rountree: It works. De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: And, pardon me, I always say Council members and, then, ask their last name, so it's not-- Bird: Have her pull her mike down so they can hear her. De Weerd: Okay. Yeah. This is going to take getting used to. Donnell: Indeed. De Weerd: Okay. We are in the Public Hearing portion of our agenda. By ordinance we are required that anyone that wishes to testify does need to be sworn in, so we do it all at once to get it all out of the way. Items 8 through 14 are public hearings. If anyone wishes to testify, if you will, please, raise your right hand. Will the testimony that you provide tonight be the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) Item 8: Continued Public Hearing from October 5, 2004: AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather VillaQe Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Meridian City Council October 12, 2004 Page 13 of 39 Item 9: Continued Public Hearing from October 5, 2004: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: De Weerd: Thank you. Okay. Items 8 and 9 are continued public hearings from October 5th on AZ 04-022 and PP 04-029. I will open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, I did present this to you last week. This is for Redfeather Village Subdivision. I'm just going to recap it quite quickly. It was an out parcel when the Redfeather 2 Subdivision came in. Redfeather 1 was in Boise city, Redfeather 2 was in Meridian. And you can see the out parcel right there and that is the subject site for the Redfeather Village. Pretty straightforward layout. Twenty single family homes on about 4.91 acres. And I did forget to give you the summary recommendation from the Planning and Zoning Commission. They have recommended approval of this application. Sheri Stiles representing the applicant testified in favor. No members of the public testified on this matter. The Commission discussion focused on leaving the southern irrigation ditch open and, then, that no perimeter sidewalks were required with this development. The key Commission changes to staff's recommendation were to amend site-specific condition number three, to grant the applicant a waiver of the requirement to leave the southern ditch abutting Clovermeadows Subdivision open, so un-tiled. To our knowledge, there are no outstanding issues before Council. It was tabled because the applicant was not able to make it here on time. I did note that it was seven minutes after 7:00 when we finished on this application last week, so we did move through the beginning part of the agenda rather quickly last week. But they are here today. And to my knowledge, there are no outstanding issues and they have agreed to the conditions of approval. De Weerd: Okay. Any questions for staff? Is the applicant here this evening? Please state your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. We are representing the applicant in this matter. I'd like to extend my apologies for last week. My associate Ms. Stiles got behind a traffic accident and was delayed about 15 minutes and as Mrs. Canning indicated, you guys got to this item very quickly, so she was not able to be here on time. So, she wanted me to make sure that I extend her apologies to the Council. As Anna indicated, this was an out parcel. If you recall, the Mittleider's daughters from the Redfeather NO.2 public hearings attended that hearing, along with Mr. and Mrs. Mittleider. They were an elderly couple, they lived in an existing dwelling on this 4.91 acres and our subdivision wrapped all the way around them. We provided them with a stub street at this location and, then, we wrapped -- and, then, we dropped a public street down here. If -- to refresh your memory, the concern with the Mittleiders when our application process was -- there was a boundary problem where their home was three feet from our boundary on their eastern portion. There was also a long Meridian City Council October 12, 2004 Page 14 of 39 discussion about the existing ACHD right of way, which dated back to like 1909 that was along their north boundary. It was the Council's direction to my clients to get with the Mittleiders and resolve these issues, if at all possible, and discuss our revisions to our layout that took place in the last hearing and we did get with the Mittleiders and they determined, even though they had lived there for 30, 40 years, it was time to sell their property. So, they sold the property to my clients, so that we could incorporate that into the subdivision. So, we will be demolishing the older home here. The stub street, which we provided them, will be extended up and, then, we will link back into this public street. So, the controversy over where the existing public right of way lies is gone, the issue of the setback for their homes and where this boundary lies is, obviously, gone now also. This is just a straight subdivision. No planned development. We are less than five acres, so there was no open space requirement for this little section and it's just -- there is only one way to develop this little piece and that's the way that we have it. We are in agreement with your staff's conditions. The only thing that we ask is with the Clovermeadows residents, we have two parallel ditches. One is clearly on our side and we are piping that one. There is another ditch where the center line of the service ditch is on the boundary and Gary Piva, who was the representative for the irrigation users in Clovermeadows, requested to the Council -- they sent a letter in writing, I also spoke with him, and they asked us to, please, leave their ditch open, that they need access to it, they did not want us to pipe it, and asked if we would set our fence about two feet in, which, therefore, would give them total access and control over their ditch and that ditch did not service our property, it only serviced them, and we did agree to that and that is why we have asked for that waiver just on the south ditch only to accommodate their wishes and they have been good to deal with. They did not object to our proposal out there. Do you have any questions? De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you. McKay: Thank you. De Weerd: Is there anyone in the audience who would like to offer testimony on Items 8 or 9? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Since we have no more discussions, I would move we close public hearings for AZ 04-022 and PP 04-029. Meridian City Council October 12, 2004 Page 15 of 39 Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on Items 8 and 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any further discussion or information from staff? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 04-022, annexation and zoning for Redfeather Village Subdivision and to include staff and applicant comments on site-specific condition number three regarding the ditch. Bird: Second. De Weerd: It's been moved and seconded to approve Item 8 with the changes noted. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 9. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat for PP 04-029, Redfeather Village Sub, subject to staff comments. Bird: Second. De Weerd: It's been moved and seconded to approve Item 9. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: V AC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Meridian City Council October 12, 2004 Page 16 of 39 Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: De Weerd: Okay. Item No. 10 is a Public Hearing on VAC 04-006. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to vacate a 25 foot wide utility easement along the southern boundary of the original Lot 10 Subdivision -- and I don't have that subdivision name. I'm sorry. This was originally part of a larger subdivision. The Razzberry Crossing was recently approved by the City Council and as you can see, the hatched out area along here, that is the location of the proposed easement that will be vacated. Staff has the proper relinquishments and is requesting -- or is recommending approval of this vacation request. De Weerd: Okay. No further comments? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: There will be some process change with these vacations. What you will see, if the Council approves this vacation tonight, I will bring a resolution back for Consent Agenda -- one of the things that's been missing on some of these vacations is getting them recorded properly, so I will bring the resolution back before the Council either next Tuesday or the following Tuesday, with all the proper documentation, so they can get recorded with the Ada County recorder, so that they actually do get vacated. Sometimes they haven't been accomplished. So, just so you know, if that's what the Council action is, you will see it again, but that's the reason why. De Weerd: Thank you. Okay. Does the applicant have anything further to add? Who is the applicant? They are not here. So, apparently, they don't have anything to add. Are they in agreement with all the staff comments, Anna? Canning: Yes. There are no conditions of approval on a vacation. It's just a yea or nay. De Weerd Oh. So, of course, they are. Canning: Yes. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Councll October 12, 2004 Page 17 of 39 Rountree: Hearing no further comments, I move that we close the Public Hearing for Item NO.1 O. Bird: Second. De Weerd: Okay. Moved and seconded to close Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation for V AC 04-006 and have the city attorney prepare appropriate resolution. Bird: So second. De Weerd: It's been moved and seconded to approve the vacation on Item No.1 O. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkle neck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: Item 12: Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: De Weerd: Thank you. Okay. Item No. 11 is a Public Hearing on AZ 04-012, Wrinkleneck project. Who names these? Canning: You'll have to ask Mr. Miller. De Weerd: Okay. I'll open the Public Hearing with staff comments. Canning: Madam Mayor, would you like to also open the next item, which is a Conditional Use Permit associated with this annexation request? ( Meridian City Council October 12, 2004 Page 18 of 39 De Weerd: If Council would so desire. Bird: Yeah. Let's do it. Rountree: Yes. De Weerd: Okay. Item 12 is also open for CUP 04-034. Canning: Madam Mayor, Members of the Council, this property is located in the northwest corner of the Overland and Locust Grove Road as shown here. It is currently zoned RUT and is in the unincorporated Ada county. The parcel configuration that you see was recently created through an Ada County process and is a legal lot by Ada County standards. There is an existing home on it. I think the black line pretty much obliterates it. It's in this area here. And that will be removed upon development of the Maverick County Store, which they have a separate application in for the Conditional Use Permit for this gas station and convenience store. They are proposing a C-C zone. The use is an allowed -- a permitted use in the C-C zone, but it's shown as mixed use on the Comprehensive Plan and the Comprehensive Plan talks about looking at these items as conditional uses as they are annexed in -- as the properties are annexed into the city. That's why you have a conditional use before you tonight. The property is about 1.2 acres in size, after you take out all the right of way. The initial property size is closer to 2.56. They are, as I said, requesting rezone from RUT in Ada County Community Commercial and as part of the Conditional Use Permit they are asking approval for a 3,817 square foot convenience store, five fuel-dispensing islands and four underground storage tanks. This is the structure. These are the fuel islands. The driveway cuts are here. Traffic move on either side of the islands and, then, exits back out onto Overland Road, They have a storm drainage feature out in front here. They do meet the required 25-foot buffers for both streets. They have left a portion of the site undeveloped at this time. Right now the property is only eligible for one building permit, so you would need to see a plat or some other Conditional Use Permit for further development of the property. There are some interesting adjoining uses, so I did want to point them out. As we saw on this map, most of the property surrounding it has not yet been annexed, although we anticipate that we will see development applications on that property soon. To the east we have a mobile home park on commercially zoned land -- RV park. Excuse me. To the north there is an existing residence with out buildings. It is on property owned by Mr. Van Auker at this time. And EI Paso Natural Gas Company owns the 4.6-acre parcel approximately 100 feet north of the subject property's north boundary, so -- in this area here, I believe. This is Sportsman's Point Subdivision down here. And, as I mentioned before, some undeveloped properties that we have been seeing a lot of activity on lately. This project does comes forward with a recommendation for approval from the Planning and Zoning Commission. They heard the item on September 16th and have -- Brad Miller testified in favor of the application and also Dan Murray from Maverick Country Stores. There was no opposition to either application, written or oral, and the key issues of the discussion were -- were primarily related to the architectural design of the Maverick store as you see it here. And this is the east and west elevation. Or I guess this is the east. So, this would face Locust Meridian City Council October 12, 2004 Page 19 of 39 Grove Road. And staff had asked for some brick wainscoting on the east elevation to kind of break up the mass of that blank facade and the planning commission did give support of that, of staff's recommendation, and has forwarded that to you. So, to staff's knowledge there are no outstanding issues before the City Council. With that, I will end staff's presentation. De Weerd: Anna, I guess I just had one question I didn't see in any of the specific requirements. We talked about in air quality issues the vapor guards for any proposed gas stations. Is that -- is that in the conditions of approval or am I missing it? Canning: I don't believe it's in the conditions of approval. I can look while the applicant is doing their testimony or they might have something that they can add to that discussion. De Weerd: Okay. Okay. Thank you. Any questions for-- Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. The applicant -- if you will, please, state your name and address. Miller: My name is Brad Miller, 3084 East Lanark in Meridian. Madam Mayor, Members of the Council, I'll try to keep my comments to 30 minutes or less. De Weerd: You will get buzzed. Rountree: You'll get buzzed by sure means. Bird: And we got an electric prod. Miller: I thank you for the consideration this evening. Dan Murray of Maverick stores is here to answer any questions you may have. We have reviewed the staff report and we agree to the conditions in regard to the annexation and zoning. As Anna stated, the reason for the Conditional Use Permit is because it's in a mixed-use area and that's a standard requirement. So, I have no other comments, unless you have any questions. De Weerd: I guess, Mr. Miller, the only question I would have is what I had asked of staff and maybe it's not you I would ask. Miller: That would be a Mr. Murray item. Bird: Yeah. De Weerd: Okay. Thank you. I believe you were sworn in. Meridian City Council October 12, 2004 Page 20 of 39 Murray: I was. De Weerd: If you will, please, state your name and address. Murray: Dan Murray, Maverick Country Stores, 880 West Center Street, North Salt Lake, Utah. 84054. De Weerd: Thank you. Murray: With regard to the architectural issues that were brought up with the Planning and Zoning Commission, we have made those changes. So, that east facade of the building will have the brick wainscot, as well as the cornice detail look across the top. And, then, Mayor, more specifically to your question on vapor recapture, I'm not sure what you're -- more specifically, what are you asking? De Weerd: It's more of the nozzles for the -- where you put gas in the car, it helps capture the fumes, so -- Murray: So, are you referring to a stage two-vapor recovery? De Weerd: Oh, yes. Murray: In different parts of the country -- De Weerd: I have no clue, but I -- I wish I could have said that myself. Murray: In different parts of the country there are different requirements. A stage one is a requirement that your fueling trucks allow for vapors to flow back into the tanker, which -- regardless of what territory we are in, where those requirements are imposed upon us, we, obviously, comply. We really don't have a choice, but we gladly comply with them, nonetheless. The stage two vapor recovery is -- usually goes hand in hand with an EPA mandate and that isn't in place here and that is a fairly complicated system that allows for vapors that are being pumped into the car to be returned back to the underground storage tanks. And that's what you're looking for? Bird: Is that a state law? I don't know. De Weerd: It isn't. I guess as the industry and the elected officials in the region have been looking at air quality and where we can affect it at the land use level and -- rather than at the transportation level, they talked about the vapor issues and that you can take extra precautions and steps to recapture that. To what extent they didn't go into that. They did say that it is not a requirement at this time, but it is something that cities can ask and should pay attention to when gas stations come in front of us and so -- Murray: Typically, what we do is we plumb for it, but we typically don't -- so, the piping is in place for that -- for that flow to go back to the dispenser, but we typically don't make Meridian City Council October 12, 2004 Page 21 of 39 a change on nozzles. The nozzles are bigger and bulkier and most people, as a rule, don't like them, is why we don't do it, to be honest with you. But you tell us what you'd like to have us do. I mean at a minimum I'm more than happy to plumb for it. There are certain areas along the Wasatch Front, for example, stage two-vapor recovery has been rumored to be just around the corner and so for years now we have been plumbing facilities, so that when that requirement is in place we easily comply with it. To be honest with you, my preference would be to do that, versus put everything in place right now, because, again, the nozzle that's used for that is a little larger and bulkier and it's not a question of whether we as a company like it, it's just a question of whether patrons like it and they tend not to like it as well, because it is heavier and bulkier. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Murray, I believe when you put the skirts around your nozzle, that helps keep the vapor -- Murray: And those are -- Bird: -- on it. I'm like the Mayor, I'd like -- you know, if it isn't too inconvenient, I'd like to see it plumbed so that if and when it does come in, we are at least prepared to put on the nozzle and to go for it. That would be my preference. Murray: And that is something that makes tremendous economic sense for us, because at that point we don't have to come back and cut concrete and lay pipe and do that type of thing. So, there is an expense to it, but we are more than happy to bear that expense. That's not a big deal. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And as our air quality board representative, one of the things that we have looked at is as we approach attainment levels with nox here in the valley, which is, essentially, what some of these situations -- and what they typically refer to as the boot, which goes on that -- that nozzle, are required in areas of California, and so while, certainly, we hope that we don't reach that attainment level, I think that Maverick has anticipated that some regulation may come down and has incorporated that into their economic plan and so just to let know kind of where we are at within those discussions at the air quality level. We, again, haven't reached that level where we need to mitigate through EPA standards. De Weerd: Thank you. Murray: Any other questions? Meridian City Council October 12, 2004 Page 22 of 39 De Weerd: No. We appreciate that education. Murray: Thank you. De Weerd: Any other issues, Council? Bird: I have none, Mayor. De Weerd: Okay. Is there anyone else who would like to offer testimony on this application? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close AZ 04-012 and CUP 04-034. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing for Wrinkleneck project and Item 12, the Maverick Country Store. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I'd move we approve AZ 04-012, the annexation and zoning of 1.82 acres of RUT to C-C zone and to incorporate all the staff and applicant testimony. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 11 for AZ 04-012. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Murray, I think I would take exception to the name of this project, but we will have to work with -- Miller: Have you ever met Mr. Van Auker? ( Meridian City Council October 12, 2004 Page 23 of 39 Bird: Oh, yeah. We all get older and wrinkles in our neck. Madam Mayor? De Weerd: Item 12. Yes, Mr. Bird. Bird: I move we approve CUP 04-034 and to incorporate staff and applicant testimony and that would include plumbing for a code two vapor? Is that what it's called? Stage two vapor. De Weerd: And the boot? Bird: The boot's automatic, I believe. They come automatic. De Weerd: Not necessarily. Bird: The little boot on the -- De Weerd: I'm sorry. Murray: You're talking about, really, a little shield. Bird: The little boot -- I call it a boot. A little shield. Yeah. De Weerd: Okay. It's a shield. Wardle: Madam Mayor, I apologize, that's the layman's term for what would happen to - - as I understand it, to make the process work, if that were to become a compliance issue for this area. Bird: That's -- and that's what we want and that's what he agreed to. De Weerd: Okay. Do I have a second? Wardle: Second. De Weerd: Thank you. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Meridian City Council October 12, 2004 Page 24 of 39 Item 14: Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: De Weerd: Thank you. We know enough to be dangerous. Okay. Items 13 and 14, I will open the public hearings on AZ 04-055 and PP 04-006. Staff comments. Canning: Madam Mayor, Members of the Council, this is one of the last five acres in the middle of Packard Acres Subdivision. The property to the south still remains in the county and is the residence of the Sharps. The applicant is requesting zoning to R-4 from RUT. The property is 5.27 acres in size. There is an existing home on the property that will be removed. I'm going to, for some of you refresh your memory on previous applications and for Council member Donnell this will be new information. On April 15th of this year the Planning and Zoning Commission recommended approval of Packard Acres No. 3 to the City Council and that was both the annexation and zoning and the preliminary plat. The City Council conducted a hearing on May 18th and at that time you directed staff to approve the annexation for R-4, but denied the variance application associated with the project that would have allowed the preliminary plat to go through. Now, on June 22nd, the applicant requested that the City Council not adopt the findings for the annexation, because they thought at that time that they would be seeking R-8 zoning, instead of R-4 zoning, but they have -- after talking with the neighbors, they did decide to stay with the R-4 zoning. So, that issue is back before you again. Both items, the annexation and zoning and the preliminary plat, went back to the Planning and Zoning Commission on September 16th of this year and they have recommended approval of this plat back to you and I'll get into that hearing in just a moment, but on your original denial of the variance that would allow the preliminary plat to go through, the discussion focused on the existing house as seen here. It did not meet the setback requirements for the zone, so they had asked -- that's what the variance application was for. The other issues that came up during that hearing, the open space was along Wingate Lane and the Council had some concerns with that and there was a small open space in this area that provided for drainage for the road. It wasn't really an open space, it was a drainage area. And, then, without the variance for the house setback, it would have required kind of a jog in the road and so there was quite a bit of Council discussion regarding that. The application that you see before you tonight does seem to address all those concerns. It's a pretty straight-forward design. They have the two stub streets that connect. This is a straight R-4 subdivision with 80- foot lot frontages and 8,000 square foot minimum lot size. As I mentioned before, the Planning and Zoning Commission has recommended approval of this project to you. They have -- to summarize the Public Hearing, those testifying in favor were Pat Tealey of Tealey's Land Surveying, and Craig Groves, the developer. Commenting were Dale Sharp, Sonya Barber, Helen Sharp, Chip Gallagher, and Dave Battaglia. And note that Brad Hawkins-Clark has noted that the -- generally, those commenting against it weren't opposed to the entire subdivision, just portions of it, specifically Wingate Lane was the primary focus of the discussion. And the traffic and pedestrian safety conditions on \, . Meridian City Council October 12, 2004 Page 25 of 39 Wingate Lane, the perimeter fencing on the south property line was also discussed and adjacent to Wingate Lane. And the neighbors had proposed a gate on Wingate Lane -- and if I can show you where they had proposed that. It was -- I'm going to have to keep my hand steady. It's in about that location. So, it was an off-site location. They felt that that was the best location to keep -- it would be a gate that the Wingate -- that the Sharps could activate. They felt that location was appropriate, because it kept people from kind of using it to get out to the -- to the main arterial, but it wasn't too close to the house or restrict the movement through there. So, the key Commission changes to the staff recommendation were to modify the site specific condition number one to note that there was existing chain link fence on the south property line -- oops. Right up here. Sorry. Got to go down to here, don't I? There we go. On the south property line and that there was an existing wood fence on the west property line and that those were approved and -- or recommended for approval. And to modify site specific condition number 3A to add a prohibition of direct access to Wingate Lane as part of the CC&Rs for the subdivision. Basically saying you can't directly access it from those three lots. And to replace site-specific condition number 3B with the following and it says the developer shall place adequate money into an escrow account for the construction of a gate across Wingate Lane at the north property line of Packard Acres Subdivision No. 1. And that was the location I pointed out. Such an escrow account shall remain until such time as the Wingate Lane users associated has agreed to the placement of the gate or until six months has elapsed, whichever comes first. If the time elapses without an agreement on the gate location, the money shall be returned to the applicant and no further discussion of the gate shall ensue. I read that in detail, because that is kind of their outstanding issue before City Council. That would be an off-site improvement that the city is requiring of the applicant. I think that there was enough -- enough provisions put into the wording of the application -- or to the condition that the applicant wasn't too scared that they couldn't get out of the condition in a timely fashion, but I'm not sure that they would have offered that to the city on their own. And, then, also regarding that condition, it does not clarify what an adequate amount of money is or who will determine the cost. So, if you do want to uphold that condition, staff recommends the applicant provide at least two cost bids for time and materials for the gate construction to the P&Z department and the planning director to make that final cost determination. It also doesn't clarify if the Wingate Lane users association must provide unanimous consent to the gate location or some other agreement. So, if the city -- again, if the City Council wishes to uphold that condition, staff just needs some recommendations and some clarification on what they need to do. And with that I will end staff's presentation. De Weerd: Anna, just one question is -- since the Sharps aren't here tonight, is that something -- Nary: There is a letter. De Weerd: What? Nary: There is a letter from them. Meridian City Council October 12, 2004 Page 26 of 39 De Weerd: Okay. Canning: Oh, is there a letter? De Weerd: Oh. Okay. We will get to you in a moment. I appreciate you saying something. I will ask her, rather than you, then. Would the applicant like to come forward? Were you sworn in? TeaJey: Pardon me? De Weerd: Were you sworn in? Tealey: No, I wasn't. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Tealey: Yes. De Weerd: Thank you. Please state your name and address. Tealey: My name is Pat Tealey. Office address 2501 Bogus Basin Road in Boise. De Weerd: Thank you. Tealey: We are back before you with the application, basically, in the cleaned up form from when we had our discussion with you in May. The main changes to the subdivision plat are the relocation of the open area, the five percent open area as required by the zone. We are no longer asking for the variance of one foot for the setback issue that we had on the house. The house is being torn down and that's a condition of the plat approval. I believe that was in here somewhere, that we were going to be required to remove that house and the developer has agreed to that, so the variance won't be needed. I have reduced the number of lots from 22 buildable lots to 20 buildable lots. A loss of two lots in order to keep with the R-4 zone frontage requirements with the relocation of the open area. And, basically, the discussion centered around a gate that was going to be required -- or that was requested by the Wingate -- I guess it's the road users association. A few years ago -- or I think it was a couple of years ago we had agreed in principle to build a gate and at that time it was required that all the members of the Wingate Road users association sign onto the fact that a gate would be required and it was -- a deal was brokered out between ourselves and the highway district and attended by the road users association. At that time there - - we thought we had a unanimous consent on the thing, but the next day the Sharps had told us, basically, they weren't going to agree with the fact that a gate should be built on the road. So, we couldn't get unanimous consent. As we understand it, the homeowners to the north of Packard Acres Development would agree to the location of a fence there. So, the deal sort of fell apart, even though we had agreed in principle to Meridian City Council October 12, 2004 Page 27 of 39 putting the gate in here. At the last meeting on September 16th, Mr. Gallagher, who represents the people to the north of Packard developments, came forward and requested that a gate be a requirement of this final five acre plat in Packard Acres development. The developer agreed to -- again, to build this gate for them and we have had discussions with Mr. Gallagher over, you know, what kind of gate and how much it should cost and where it should be put, things like that. He has provided us with one estimate that he just gave us tonight of 7,500 dollars, but that didn't include some electrical, so we, basically, agreed to an 8,000 dollar cost for the gate and we would be more than willing to put that -- or give them the money for the gate and let them build it and let them, basically, deal with their own road users association, as whether or not they can get unanimous consent. What we would like the condition on the plat to be is that we provide them with an amount of money equal to a bid situation for the -- for the placement of that gate. We will give them that money and at the time we give them the money and get the receipt from them, we would like that condition to be, then, satisfied on the plat. If we have to be held to a standard where we are going to have to provide unanimous consent on the road users association, we already know that the Sharps aren't going to be part of that, so we would, basically, be held up in the platting process by that agreement. We are not -- while we do own the land that the Wingate goes over, we have no access to it, so we, really, are not part of that road users association as far as using the road at all. We feel that's an internal matter, but we are willing to agree to give them the money to build a gate. Mr. Gallagher is here to clarify the situation if you have any questions and we would like that condition to be worded such that we will be required to give them the money. Once we give them the money, that condition would be satisfied. De Weerd: Okay. Any questions from Council? Okay. Tealey: I believe that pretty much takes care of the outstanding issues. De Weerd: Okay. Thank you so much. Tealey: Thank you. Canning: Madam Mayor, I forgot to give you a little bit of additional information. Brad Hawkins-Clark did talk to Scott Cook with Ada County Development Services regarding putting a gate across Wingate Lane. As you can see from this -- this map. Sorry. The word escaped me right there -- that Wingate Lane goes -- it's in the county, then, crosses into the city and, then, goes back in the -- well, it will be in the city through here and, then, goes back in the county and the county in 2000 did adopt an ordinance that prohibits gates across private lanes, so the question was posed to Ada County Development Services staff as to how they would feel about a gate across Wingate Lane and Scott Cook responded saying that, yes, there is a prohibition on gates on private lanes, but Wingate Lane is recognized as legal access by Ada County and existed prior to their being any standards for private roads and he believes that the question of the gate is within the City of Meridian's jurisdiction, not Ada county's, particularly as it's on city property. Meridian City Council October 12, 2004 Page 28 of 39 De Weerd: Thank you. Thank you, Pat. Okay. Audrey Bentley. If you will, please, state your name and address. Bentley: Audrey Bentley, 620 East Wakely Court, Meridian, Idaho. De Weerd: Thank you. Bentley: Mayor, Councilmen, I am speaking for my parents. Unfortunately, they couldn't be here tonight. I believe they sent you a statement prior to this saying they wouldn't be able to be here. I have tried to be up on this, but you know, I'm not all the way up on it, but I do know that they are not opposed to the annexation or development of Packard Estates No.3, but they do oppose the crossing of the lane once again by Meadowgrass, which I think they intend to do, for safety and liability issues, because it is a safety issue, which Captain Musser has been out there and did say it was a safety issue with traffic crossing -- you know, going across the lane and traffic coming down the lane, it is a safety issue. The other thing with the gate -- and I was not at the Planning and Zoning. I know the gate came up and my parents are opposed to the gate and when asked if there was any other people opposed to the gate on the lane, Dixie Roberts stated she was opposed to the gate on the lane. So, they don't have -- and the gate should be discussed by the private property owners, the users that use the lane, and so he doesn't have everybody in agreement. And the gate would affect my parents more than anybody. It would affect emergency vehicles, utility vehicles, family, whoever wanted to come see them. You know, how many codes can you give out, I mean -- and who is going to maintain that gate when it breaks down? Are the people on the lane going to continually want to fix that gate is it is going to be -- you know, who is going to continue to maintain that gate? And I -- so I know that's what their issues are. De Weerd: Thank you. Any question? Bird: I have none, Mayor. De Weerd: Thank you. Bentley: Unfortunately, they can't be here, but I think it should -- they should be able to come and speak at a later date. I think there should probably be -- I'm sure it will come up again, let's put it that way. De Weerd: Okay. Thank you. Chip Gallagher. Were you sworn in? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Gallagher: I do. De Weerd: Thank you. Please state your name and address. Meridian City Council October 12. 2004 Page 29 of 39 Gallagher: My name is Chip Gallagher, I live at 3020 North Wingate Lane. De Weerd: Thank you. Gallagher: Madam Mayor. Councilmen. I think Mr. Tealey summed up our position as homeowners on the north side of Wingate pretty clearly. It's a safety issue for us. It was an agreement we entered into with ACHD and I believe with you, with the City Council, when the last Packard Estates was processed, that this gate would be in place. The Sharps seemed to have an issue with the gate. Those of us on the north side don't understand it. It's an issue for us and our kids, it's a maintenance issue for the road, the Sharps will be given full access to the gate, codes, remotes -- they can access Locust Grove, Fairview, and Ustick from their home location now that they have the public street Challis. The rest of us are simply trying to protect the quality of life that we have. De Weerd: I have a question. Mrs. Bentley mentioned maintenance. If it were installed and anything were to be a problem, would the road users take responsibility for that. Gallagher: Absolutely. I think that's why the solution of giving the road fund money and, then, relieving them of responsibility is appropriate. We will maintain it. We have to use it, that will be our responsibility, not the developer's. De Weerd: Any other questions, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Gallagher? Gallagher: Yes, sir. Wardle: The road users association is a private -- is a separately held organization, which is capable of accepting these funds for road improvements; is that true? Gallagher: No. The term road association is loosely held. There are six of us on the north side and all of us -- we haven't talked to Dixie, Dixie has been ill. I talked to her daughter the other day as I stopped around the lane to discuss this. It's six homeowners that unilaterally pay into that fund and maintain the road and we have all agreed to take care of the gate. Wardle: But the -- Madam Mayor, follow up? There is a separate fund -- Gallagher: There is. Wardle: -- which could accept-- Meridian City Council October 12, 2004 Page 30 of 39 Gallagher: That's correct. We place money into that account quarterly and that's what pays to maintain the road. Wardle: Thank you. De Weerd: Thank you. Any further questions? Okay. Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Does the applicant have any additional comments? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we close Item AZ 04-005 and PP 04-006. Rountree: Second. De Weerd: Okay. We have a motion to close the public hearings on Items 13 and 14 and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any further information or discussion? Rountree: Hearing no discussion, Madam Mayor, I move that we approve Item 13, AZ 04-005, for the annexation and zoning for Packard Sub No.3. Bird: Second. De Weerd: It's been moved and seconded for approval for Item. Is there any further discussion? Rountree: I guess maybe a clarification from counsel. Do we need, in the annexation, a clarification of what happens with the gate fund or can we do that with subdivision plat? Nary: Madam Mayor, Members of the Council, Council member Rountree, I think -- I think to be safe, I would probably include whatever condition you want in both. I think it's probably just for the plat, but since it's an off-site improvement that you're asking and they are agreeing to, annexation would probably be as good. Rountree: Madam Mayor, I'd like to withdraw my motion, so we can discuss that. Bird: Second agrees. De Weerd: Okay. Meridian City Council October 12, 2004 Page 31 of 39 Rountree: We have the offer for the funds, we have the acceptance of at least a portion of the folks that utilize that for the protection, I guess, of most both. I don't know what kind of conveyance vehicle or language there ought to be, but it ought to be fairly straight fOlWard that that money is being offered for the gate within a certain period of time. If that's not taken advantage of, then, it's remitted back to the developer. Is the language in the current concern that clear or is it more convoluted than it needs to be? Nary: Madam Mayor, Members of the Council, Council member Rountree, there wasn't a discussion at the Planning and Zoning Commission regarding a development agreement and I don't know if that was just an oversight or intentional as a part of the annexation. Since we are looking at this as an off-site improvement that's being offered by the developer, which is probably the only way we could do it, was there any thought, Mrs. Canning, regarding maybe doing it as part of a development agreement condition and, then, we can't put the same conditions that have been requested, but we would have a mechanism in which to enforce it a little bit easier than simply a condition on the plat. Canning: Madam Mayor, Members of the Council, Mr. Nary I don't recall there being discussion of a development agreement. It probably caught staff a little off guard at the Public Hearing and we did not talk specifically about a development agreement, but that would seem to be the appropriate avenue. I would agree. Rountree: So, we could have -- as part of the motion that -- stipulate the preparation of a development agreement to address the issue of fund for the gate. Nary: Madam Mayor, Members of the Council, Council-member Rountree, that probably would be the easiest mechanism and also for Mr. Groves to have an enforcement tool, rather than just simply as a condition, since what's being proposed by the developer is a -- is an offer that's going to go away in a fairly short period of time, that might be the best protection both for the city and the developer's offering and also at least there is something in writing for the road association to be able to try to work around to get this accomplished. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On that gate, as I understand it, it, of course, would be according to where the location is, but, actually, the only ones that are going to be involved in that gate, it's going to be the Sharp's place that's down at the very bottom of the lane. The people north of that, the gate would be used to close up and so people can't come out and use it as public, I understand that. The location of it is to me -- I would like to know where they do plan on putting it, because, you know, if it's only affecting -- it would only affect people coming to the Sharps, as I see it now, and knowing that and being out there as many times as I have been out there and where this goes, Sharps' place is the only one Meridian City Council October 12, 2004 Page 32 of 39 that would be affected by this gate as far as getting in and out. And they do have other ways of getting in and out now that subdivision is being done. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I could -- just to clarify what I heard, I think the concern from the developer is that they are willing to make this contribution and uphold their end of whichever bargain they made in the first place, but they don't want it to hold up the plat as a condition. And I think maybe in all fairness there was a condition where with six months, if certain things didn't happen, and there was a question of -- that staff brought up in the earliest presentation, that a development could be drafted, which allows the developer to proceed forward with the plat after receipt of the funds and, then, at such reasonable time -- and I don't know if that's -- maybe we could talk about that, but I'm thinking 12 months, if substantial completion of the construction is not completed, then, that money would revert back to the developer. Rountree: If you have got that well thought out, go ahead and make a motion. Bird: Go ahead and make a motion. De Weerd: You just earned the right to make a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 04-004, annexation and zoning for Packard Estates Subdivision No. 3 and to include the condition of a development specifically for the addition of a gate and that developer will deposit the sum of 8,000 dollars into the fund for the Wingate Road users and from there be relieved of any plat conditions. At such time that one-year from execution of the deposit, if substantial completion of the gate is not completed, the entire fund balance of 8,000 dollars reverts back to the developer. De Weerd: Do I have a second? Rountree: I will second that. De Weerd: Okay. Any discussion? Wardle: I'm not an attorney. You can pick that apart if you want. De Weerd: Mr. Nary, do you have sufficient information provided from that motion? Nary: I do. Meridian City Council October 12, 2004 Page 33 of 39 De Weerd: Thank you. Okay. Hearing no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. All ayes. Item 14. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: J move that we approve the preliminary plat request PP 04-006 for Packard Acres Sub No.3, subject to all staff comments and the comment and motion made previously for Item 13. Wardle: Second. Canning; Madam Mayor? De Weerd: We do have a motion and a second. Anna. Canning: Councilmember Rountree, would that also include to remove condition number 3B, which is the current wording regarding the gate? Rountree: Yes. Canning: Thank you, sir. Wardle: Second agrees. De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Ordinance No. 04-1108 : RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Item 16: Ordinance No. 04-1109 : AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Meridian City Council October 12, 2004 Page 34 of 39 Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Item 17: Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: De Weerd: Thank you. Items 15 and 16 and -- can I include 17 in that? Okay. Are all ordinances, 04-1108, 04-1109, and 04-1095. Mr. Clerk, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1108, an Ordinance finding that Calderwood Community, LLC, Jack and Caroline Swenson and Donald Minegar, the owners of certain real property generally located one third mile south of the southeast intersection of North Meridian Road and East Overland Road, within Section 19, Township 3 North, Range 1 East, Boise meridian, City of Meridian, Ada County, Idaho, to be known as Larkspur Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, request for a rezoning in writing to the Council and that said land be rezoned and designated Low Density Residential District (R-4), Medium Density Residential District (R-8) and Limited Office District (L-O) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be rezoned with the Ada County-recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: Ordinance No. 04-1109, an Ordinance finding that Idaho Power, the owner of certain real property generally located on the southwest corner of the intersection of Overland Road and Stoddard Road in Section 24, Township 3 North, Range 1 West, Meridian, Idaho, to be known as Stow-it Self Storage and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District (C-G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada Countyrecorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. Meridian City Council October 12, 2004 Page 35 of 39 Berg: And Ordinance No. 04-1095 -- just to remind you, this is the ordinance that we had to fill in the blanks and we got it rewritten so we didn't have to, if you remember. So, it's past its ten days of recording, so we are re-approving it. Ordinance 04-1095, an Ordinance finding that the owners of Sutherland Farms, Inc., for certain real property, has made a written request for rezone of the zoning classification for real property located approximately one half a mile south of Overland Road on the east side of South Eagle Road, Meridian, Idaho, and that lies within the boundaries of the City of Meridian, from R-4, Low Density Residential District Zoning District, to R-8, Medium Density Residential District, as defined under Meridian City Code Section 11-7-2D, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. De Weerd: Thank you, Mr. Berg. You have now heard these three ordinances read by title only. Is there anyone -- Frank, you're the only one that ever is here during this reading. Would you like to hear it read in its entirety? Thank you. Bird: I was going to say, if so, get up here and start reading. Rountree: It's your turn. De Weerd: Well -- and I have to ask that, just because we always have, and so we are all anxious for this ordinance to change. Bird: You ought to ask one time. De Weerd: It has been known to happen. My secretary embarrassed Mr. Berg on that one. Is there any motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Items 15, 16 and 17, with suspension of rules. Bird: Second. De Weerd: It's been moved and seconded to approve Items 16, 17, and 15. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Housekeeping Items for Council Meridian City Council October 12, 2004 Page 36 of 39 De Weerd: Thank you. Item 18 is just a housekeeping item for Council to have a president, vice-president, and reaffirm assignments for Council liaison. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- as the attorney says, we need to do this. Now, these assignments will get until January, so I would take -- I would enter a motion for president of the City Council. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I would move that -- or recommend that Councilman Bird be promoted from vice-president to president and serve out the remainder of the presidency until January. Wardle: Second. De Weerd: Oh, you got a promotion, Mr. Bird. Bird: Just until January. De Weerd: It's been moved and seconded to have Mr. Bird as president of City Council. Is there any further discussion? I don't have to call roll. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: And we need the vice-president. De Weerd: Okay. Vice-president. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would move that we elect the Honorable Councilman Rountree as the vice- president to serve out this term in such a manner until January. Bird: Second. De Weerd: Okay. The motion is Charlie has it. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Meridian City Council October 12, 2004 Page 37 of 39 Bird: Madam Mayor, if I may. De Weerd: Yes, Mr. Bird. Bird: Councilwoman Donnell, if it's okay with you, and Mr. Nary and Stacy and the Mayor and Mr. Berg will help you out, your assignments will be finance, Mayor's office, public -- or human resources and city attorney and city clerks. And the committee you would serve on is Valley-Ride. And if the Council approves, I'd like to see a resolution having Attorney Bill Nary as a replacement at Valley-Ride when needed. We have to do that by resolution. I understand. And if the Council agrees, I'd like to see a resolution next week letting him be an alternate. Rountree: Is that a motion? Bird: What? Rountree: Is that a motion? Bird: That's a motion. Rountree: Second. De Weerd: Okay. It's been moved and seconded. Does Council member Donnell have any comment? Donnell: None whatsoever. De Weerd: It seems like the train has been very active tonight. Donnell: It truly has been. De Weerd: Okay. Mr. Berg, will you call roll on this. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Yes. Donnell: Just for the record, so that the rest of the Council members know, that I have a trip, a two week trip planned for these next two weeks and so I will not be here, I will be absent and I apologize for that, but it was planned a long time ago, so I will not be here. Meridian City Council October 12, 2004 Page 38 of 39 De Weerd: Well, we did discuss that and they decided that it didn't matter. Bird: Who gets a vacation? Rountree: Yeah. That's part of the job. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: President Bird -- I got that in there, didn't I? So, can you clarify the -- Mr. Nary was covering Planning and Zoning, as was Mr. Wardle, so I'm just wondering -- Canning: You had your-- Canning: -- who my representative -- Bird: Mr. Wardle will be doing that and we will keep -- for four months here we will let Christine off the hook a little bit and, then, we will get after her. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: On the Valley-Ride appointment, they do require a resolution and Mr. Hawkins- Clark was the other alternate. Mr. Smith was one of them and Mr. Hawkins-Clark. If it's all right with the Council, I'm sure Mr. Hawkins-Clark will continue as a potential alternate, as well as myself. But I would just replace Mr. Smith, so -- De Weerd: Yes. Thank you. I also -- Mr. Watson, I know that Gary Smith was our replacement on Compass or an alternate. Mr. Wardle is also an alternate. Do you desire to stay on as an alternate or would another staff member be more appropriate? Between you and Anna. Rountree: I think you have your answer right here. De Weerd: Between you and Anna you can discuss if another staff member is more appropriate. Watson: Maybe we should go discuss it. De Weerd: Okay. Watson: Whatever you would like me to do. And I don't know what Gary's exact roll was in that, but -- Meridian City Council October 12, 2004 Page 39 of 39 De Weerd: He filled in where -- so we always had two representatives present at the board and if Councilman Wardle would not be able to attend, he would, then, step in. So, I'll let you and Anna discuss it while we are in executive session and we can find out when we come back out. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have to know, because we have to have it approved at Compass this next Monday, so -- Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, given that we have a transportation planner now, it might be appropriate to actually have Steve Siddoway fill that function and I'm sure Brad is -- just got a vote of approval from Brad over here, too, so - Item 19: Executive Session per Idaho Code 67-2345(1)(c) and (1)(f). Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we go into executive session as per Idaho State Code 67-2345(1 )(c), (1 )(f). Rountree: Second. De Weerd: It's been moved and seconded to move into -- or adjourn into executive session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. EXECUTIVE SESSION: MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Wardle: Second. Meridian City Council October 12, 2004 Page 40 of 39 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Just for the record, let it be noted that no decisions have been made while in Executive Session. I did need a motion to have Steve Siddoway listed as one of the alternates for COMPASS. Rountree: So moved. Wardle: Second. De Weerd: Okay. Mr. Berg, will you call roll. Berg: Thank you Madame Mayor, members of the Council. Roll-Call: Rountree, aye; Wardle, aye; Donnell, aye; Bird, aye. All approved. De Weerd: Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:36 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ . MAYOR - lIlIEERD 1(/3/t91-- DATE APPROVED \\\\\1111111/11 \\\\ ..-c M 1111 ,,'\.\..s. Or IE!?!/) 1//1;" ,v .~ Y.t "(; ~ (i o?PO'?..q "?; '1,; ~ , ~G ~ ~ 2" ~ - - - - ~ = ATTEST: JI~~ it l' J{ Octo,~er 8,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 12, 2004 ITEM NO. 3 REQUEST Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varialle AGENCY COMMENTS CITY CLERK: See previous Item Packet I Minutes 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: 1[1\. (l>) ,,- ~l ./It rvV' p Y,wr - r ~W'I < p,.! (IV' 1'1<' ff '0 ~ ~ ,rl f~ ('; J~~ _(l IJ'I ~ J f<1 Off Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Tara Green From: Sent: To: Subject: Brad Watson [watsonb@merklanclty.org] ThUnDaY, September 30. 2004 3:27 PM Tara Green (E-mail); JessICa. Johnson (E-mail); WiI Berg (E~mail); Mayor De Weerd (E-mail) October 4 PreCoundl We were notified by JUB En9ineers that. they will not have the. sewer study of the axea north of Cbinden done until late next week~ Evidently, the employee who was workinq on it recently left their fi.1::m.. This study directly relates to the Borth Blaok Cat Sewer iteIll. that David 'l"urnbull and Frank Varriale want to discuss at the Pre-Council Ineeting. I am reconmending this item be postponed until the October 11 P're-Council meeting. I spoke with Mr. Turnbull yesterday and told him this, also. Please call if you have any questions. Thank you, BRW Brad Watson, P'~E. City Engineer Meridian Public Works Dept_ 660 E. W~tertower, Suite 200 Meridian, 1D B3642 (20B}B98-5500 (208}S99-9551 fax watsonb@meridiancity~orq www.meridiancity.org 1 Meridian City Pre-Council MeetinQ September 7.2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, September 7,2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Gary Smith, Brad Watson, Bill Nichols, William Musser, Kenny Bowers and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move that we adopt the agenda as published for the Pre-Council meeting. Rountree: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor, say aye. ALL AYES. MOTION CARRIED. Item 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Turnbull: Thank you Madame Mayor, Councilman Nary and members of the Council. We have between Frank Varriale and I we own a substantial amount of property out in the Black Cat, Ten Mile area. We have been planning our projects together as most of you know and they have had some discussion previously with Brad Watson about the Black Cat Sewer Trunk Line, which will service the majority of that property. We made the request to Brad to start moving on that project with design and construction. He indicated to us that he would need to get the direction from Council to approve commencement of that project so we have made that formal request to the City and have discussed it with the members of the Council and the Mayor. So, we are here to make that formal request. I think we have given you most of the background on it, C Meridian City Pre-Council Meeting September 7, 2004 Page 2 of 17 previously and if you have any further questions, we'd be happy to answers questions at this time. Nary: Council, do you have questions for Mr. Turnbull or do you want to hear from Mr. Watson first? Bird: I'd like to hear from Brad first. Watson: Thank you Mr. President, Mayor and Council members. I don't know that I have a whole lot to add. I have met with Mr. Turnbull on this issue and he paraphrased exactly what I said. This is not - this area is not in our capital improvement plan at this time. It is in our master plan. We have a preliminary design. We have cost estimates for it. With the other projects that we are doing, it just wasn't something that I would out of the blue propose that we do unless the Council directed us to. The only, maybe somewhat complicating factor in this is as you know the area north of Chinden is being studied as we speak and the results of that should be in by the end of the month and that might change this in a minor way. But, it would probably change the size of the lift station. So, the cost estimates I have, may not be - well, they don't account for that area north of Chinden. But, I can answer any questions you might have. Bird: Mr. President. Nary: Mr. Bird. Bird: Brad, is this line still going to need the lift station at Quenzer's property? Watson: Councilman Bird, yes it will. This was originally designated as the area that would contain the large regional station and it is just south of where this is being shown. We will scoot it up a little bit. This is Quenzer's property here. This is the lift station. Originally it was the large 10 to 11 thousand gallons per minute station. As you are well aware, the major Black Cat Lift Station is now down south of Cherry Lane. This would probably still be what I would term a medium sized station in the 2 thousand gallon per minute range and it would pump all the way back to the wastewater plant. Bird: Mr. President. Nary: Mr. Bird. Bird: Brad, if we go across Meridian or Chinden, how much - when JUB did the overall thing here what six years ago when they did an overall study? This was part of that overall study as I recall. Watson: Yes. !. I. Meridian City Pre-Council Meeting September 7,2004 Page 3 of 17 Bird: J forgot to bring my book today, but what would it entail larger sewer lines or we usually put enough sewer line in to handle any access that would come from there, don't we? I mean we are not right on the minimum inches of sewer line when we do put an end. Watson: Correct. Councilman Bird the impact at the area north of Chinden might have on this system is that it could conceivably drive the depth of this trunk into Black Cat Road somewhat deeper. Also, slightly upsize the size of this lift station and also the size of the pressure sewer coming back here. But, again, that was one of three options that JUB was going to look at. That may not be the most cost effective. Bird: Another follow up. Nary: Certainly. Bird: Thank you Mr. President. Brad, if we were to start on the engineering and stuff at this point what are we looking at in a timeline of - and with the lift station and everything, how long would that take to get this project under and finished up? Watson: Councilman Bird, I could give you a typical wishy-washy answer, but I will try. Well, first of all there are no funds in the current budget or the FY 05 budget unless we divert it away from the Black Cat project. Usually, design is the easier part of a sewer project. It's the easement acquisition portion. Although, a lot of this would appear to be in the right of way. As an example, the Black Cat Trunk was initiated, I think between 12 and 18 months ago. We are prepared to bid out two major portions of that here in the next month to month and one half, with about a year to 14 or 15 months construction timeline. Bird: Brad refresh my memory also. I know that all but about 100 feet or so of between Ten Mile and Black Cat will flow naturally flow through the Black Cat. How much between McDermott and Black Cat will flow back towards Black Cat or is there any, I can't remember? Watson: Councilman Bird from our updated master plan it appears 800 feet on the west side of McDermott or Black Cat, I'm sorry, could flow back to this. Bird: Thank you. I think that's alii have questions for now, Mr. President. Wardle: Mr. President. Nary: Mr. Wardle. ( Meridian City Pre-Council Meeting September 7, 2004 Page 4 of 17 Wardle: Brad, just a quick question. You'd mentioned that this wasn't in the year for fiscal year 2005. Have we had any thought as to how far down the road we are looking? Was it '06 or --? Watson: Councilman Wardle, no we have not traditionally programmed trunk lines to be built in any specific year. All the trunk lines have been very development driven or at the direction of Council where they wanted to see growth. In fact, the facility plan is going through DEQ right now. They have wanted us to designate a year for all the remainder of the trunks throughout the impact area. I have dug my heels in it and I said no we can't do that because once I put a date next to a trunk, then there is potentially a false expectation on the part of the development community when that service would be available; whereas, the way we do it now it gives you the flexibility and the ability to direct growth where you want it. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Brad, if this were the desire of the Council to move on this particular trunk line, what - not bumping anything, when could it be programmed? Watson: Councilman Rountree if you directed us to, without moving funds in '05, we would be able to propose as it as an enhancement next summer for the '06 budget. If you did want us to re-designate some funds in '05 then we would simply have to go through the RFP process this fall and select a consulting engineer and it would probably get kicked off January or February. Rountree: Follow up. Would that just be for the preliminary engineering? Watson: Councilman Rountree, I believe this is not quite the full preliminary engineering we have now, but I would anticipate it being full designed and easement acquisition. Rountree: So, on that timeline when would you anticipate a trunk being established? Watson: Councilman Rountree if this was - I will just give a for instance if this was initiated in January, typically the design, assuming easements are somewhat attainable and can be completed in 12 months. The hesitation on all of this is that the wastewater plant is not at capacity, but with 200 buildings permit plus a month we are going to begin to bump up against that fairly soon and the phase one project at the wastewater plant has an estimated 12 to 18 months of design and at least a similar timeline for construction. So, I feel like I am starting to have to be very careful about how many building permits we're issuing over the next three to four years. Currently, the wastewater plant has a maximum month Meridian City Pre-Council Meeting September 7, 2004 Page 5 of 17 average flow of, I think in August it was about 4.5 million gallons per month. What we believe the capacity to be is about 5.5 million gallons per month. We usually don't peak until September. Bird: Mr. President. Nary: Brad, your time, that includes the lift station also, now that we don't have to put a big two-story lift station in? Would that include the lift station being in and going back to the plant? Watson: Councilman Bird, I believe so. Again, the technical design is not that difficult. It's finding the spot to put it in negotiated the easements for the pressure sewer throughout that undeveloped property with Mr. Quenzer and possibly Mr. Frank Johnson, who owns the other piece right now, but I understand that might be up for sale. Those are traditionally the roadblocks to getting that built. But, I am sorry - yes, 12 months would be sufficient if everything else was in place to design both the trunk and the lift station. Bird: Thank you, Brad. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Seems like there is two things that you need. One you need some direction on whether or not the Council wants to see this particular trunk line added to the capital development program and two we need additional capacity in the plant either concurrently or before we look at either expanding existing trunk lines, or adding additional trunk lines. Is that correct? Watson: I think that is correct, yes. Rountree: Okay, so any advanced planning on whatever trunk line it would be would be in advance - could be an advance of the expansion of the plant, but really couldn't come on line until after our plant has expanded, which is what a couple of years away? Watson: Councilman Rountree I believe that - not the best timeline, but not the worst case, but we are probably looking at 2 % years and that in area to get the additional capacity on the most critical components at the wastewater plant. Now, I am not saying - I guess this is more of a policy decision. If this was approved and it was completed faster, that's not going to suddenly bump us up over our capacity, but everyone needs to be aware that if we get to that point, then the whole city is affected by I am not going to say the "m" word, but by some sort of slowdown. Meridian City Pre-Council Meeting September 7, 2004 Page 6 of 17 De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess where I - where are you at with the number of permits? I guess we have a number of applications out there and we know they are not going to be developed. We know they are not going to be developed over night, but how many more homes can you add and where does it become a critical factor? If we maintain the current growth - I guess we need to look at some scenarios too of how growth is occurring, how we are projecting it and if we can accommodate it. We can have multiple applications out of approved developments, it's the number of building permits is the critical point here. Is that correct? Watson: Madame Mayor I guess the critical point is when people move into the houses and I don't know how to track that yet, but- De Weerd: I guess based on building permits? Watson: That's the best I have is based on building permits and it sure seems like, right now, the correlation between building permits and the number of approved applications is a fairly high correlation, the volume of permits and the volume of applications are both at a all time highs. If the Council would like I can go back and put together some data and maybe some graphs that maybe show some intersections of where I would project that capacity to be exceeded based on building permit projections. I didn't show up with that tonight because I didn't know where this discussion was going to go. I showed up with costs and a map, so I can do that if you would like. Rountree: I think that would be very helpful. It would probably be helpful in identifying the timing of the planning for additional trunk lines into the community, but it would be very helpful to see if we are reaching critical mass in terms of commercial and residential hookups in a capacity at the facility, even though we have got a major construction project next fiscal year at the plant. As you indicated, it's going to be several years before that's complete and in operation. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess it would be good now to start being a little bit more in tune to where we are at in that process. If this were developer driven, would be still having this same conversation or not? So, at what point do we feel that we are beyond where we should be and I guess we need to see what our options are and who is to say that we are going stay on the same growth trance that we are on right now or if it slows down. Where those points meet is what I am Meridian City Pre-Council Meeting September 7, 2004 Page 7 of 17 concerned at is it about the same time we'll be adding that additional capacity or not. Are we going to be short or is - I guess I just need more information. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would also agree and I appreciate Brad not moving too far forward until the Council had an opportunity to look at whether this was an issue we would look at. My personal opinion, it certainly is something that will affect the overall health of the city. I would like to see some realistic expectations as far as when the plant can be on line, when some of these improvements can be on line and [ know, Brad, that you are just kind of ball parking now, but if we could resume this discussion when we have that information it would be helpful for me. Nary: Brad how long do you think it will take to gather that information? Two weeks? Watson: Mr. President the month of September we are meeting with Carollo to find the precised scope of this design project, which includes the phasing and schedules. I don't anticipate - well, we do have a workshop early next week or early the following week, but in the next couple of weeks, three to four weeks from now we will probably be sufficient. Nary: Before we move on, Mr. Turnbull, Mr. Varriale, do you have any comment or anything? Obviously, we need a little bit more information before we go forward, but we are looking at probably a month before we would revisit this discussion. But, I didn't know if you had anything else you wanted to tell us before we do that. Turnbull: No, I think that's appropriate. I would just add to what Brad said I think we have a much easier project here than some that have been involved with because we do have Mr. Quenzer agreeable to the lift station location and pressure line. I think the Quenzers may have had some conversations with the Johnson property, too and I think there are a couple of alternatives there. Brad might know more about that than I do, but seems to me at the most we are talking about one easement that needs to be obtained, so the rest of it would be in right of way and should be fairly simple from that perspective. I think I have also indicated or mentioned before that I am a firm believer that that area - I don't own any property north of Chinden, but I am a firm believer that that area everything west of Linder should be within the Meridian City impact area. I think it just makes sense and I think I have mentioned that for several reasons, number one you have property owners out there that want to be in the impact area and number two the people that live out there in the future are going to fill much more connected to Meridian than they are to Star or Eagle just because the geographical boundary of that fence. So, this trunk line also helps to "C i MeridIan City Pre-Councillvleeting September 7, 2004 Page 8 of 17 establish the service ability of that area for Meridian City and I think it is a great benefit to the city and the public at large. So, we are comfortable with the fact that you need to get more information understanding that the study with JUB is going to be completed within the next few weeks anyway and that will give you some further information there as well. But, as I mentioned before I actually came to the city three years ago when some people out there were talking about forming their own sewer district and I said I don't want to go that way, I want to be serviced by the City of Meridian and be annexed into the City of Meridian. At the time Mayor Corrie was mayor, he asked what kind of timeframe we are looking at and I said about two years and that was three years ago. We have been patient. I really haven't brought it up with the Council before because we haven't been ready to go before now, but like I said, Mr. Varriale and I we have commenced our planning. We actually submitted an application for that area. I think that this kind of a project could be done a lot quicker than actually some of the ones - and a lot simpler and maybe more cost effective than some of the other ones have been done because we have very few easements to obtain and the parties, at least the major parties agreeable to granting those easements. We would look forward to continuing this conversation when you get more information that you are requesting. Thank you. Nary: Brad, October 5th, is that adequate? Watson: I believe that will work, Mr. President. Nary: If Council is agreeable we will just reschedule this discussion for our October 5th Pre-Council meeting and get some more information. Item 4. Discussion of Rate Adjustment by sse: Sedlecek: Mr. President, members of the Council I believe in your packet you have a memo from Sanitary Services regarding an annual rate adjustment, which is part of our contract language. The rate adjustment is tied to the consumer price index and I am sure you have all read it in detail and have questions. I am going to go through the memo quickly. Basically, the CPI year over year is 2.4 percent increase and we don't take the full CPI because some of the parts of CPI are not relevant to our business so we reduced that value by 10 percent, which gives us a 2.16 percent rate adjustment. Then we also excluded landfilling fees, which are part of everyone's payments that they make to the city. Obviously the rates at the landfill are not changing so we are not going to change that portion. We are only changing the portion that affects our cost. If you look on the second page of the (inaudible) of the memo on table one it shows percentages by system. Basically, we are going to change the residential rate by 1 percent, which is 10 cents per month and the other basically between 1.2 and 1.8 is the range of changes. We do have a new rate structure attached to the memo. Commercial rates are going to go up about $3 a month on average. Residential rates are going to go up 10 cents as I said. The rental on a toter cart will go up 3 October 8,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT SWI Associates, LLC AZ 04-017 October 12, 2004 ITEM NO. 5-C REQUEST Findings for Denial- Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N, and L-O zones for proposed Leeshire Subdivision - 5603 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~ J.-t l~ Date: JQlliM Phone: Emailed: S'0et..W(\ E \c..<\Leoc"\'5v...\+o..","t'5. f\-e.-t Staff Initials: ---1)2_ Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ~v-U ) ) ) ) ) ) ) ) ) ) ) BEFORE THE MERIDIAN CITY CO IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 29.69 ACRES TO R-4, L-O, and C-N ZONES FOR LEESHIRE SUBDIVISION SWI ASSOCIATES, LLC, APPLICANT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on September 7,2004, at the hour of7:00 o'clock p.m., Anna Powell Planning Director for the Planning and Zoning Department, Shawn Nickel, Bany Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansen, Mark Miller, Sally Adkin, Grant Lee, DalWin Porter, Susan Porter, Bill Wiser, Dale O'Brien, Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri Lewis, Jeny Peterson and Ed Buckley, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 7, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 1 OF 8 external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 7,2004, public hearing; and the applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS67-6509 and 67-6511, and SSl1-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 29.69 acres in size and is generally located on the west side of Locust Grove Road, approximately 1"2 mile north of McMillan Road, Meridian, within Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. Grant and Joyce Lee are the current property owners and Mr. Lee has submitted notarized consent for the subject application. 6. Applicant is SWI Associates, 4700 N. Cloverdale Road, Suite 214, Boise, Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEES HIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE20F8 83713. 7. The subject property is currently zoned RUT (Ada County) and consists of a residence, out-buildings, and pasture land. 8. The Applicant requests the property be zoned as R-4 (Low Density Residential) and L-O (Limited Office). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner; A residential neighborhood planned development. 12. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium Density Residential/Mixed-Use Community. 13. There are significant existing trees that affect the consideration of this application. . 14. The proposed uses for the proposed development, the design ofthe proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. 15. The zoning and design of the proposed development being sought are not compatible with the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 3 OF 8 16. The applicant has no definitive plans for the lots proposed to be zoned L-O. The applicant did not present sufficient evidence of the probable uses, or building design/elevations. The applicant did not present sufficient evidence explaining how the limited office lots would satisfy the use exception requirement of Meridian City Code. Because insufficient evidence was presented on the use exceptions, Council could not adequately determine the required relationship between the excepted use and the principal use of the development. 17. The open space amenity (park) is designed such that it is located too far from the small residential lots which would derive the most benefit from the additional open space and related features. The open space is located principally near the large lots, and specifically adjacent to the largest lot in the subdivision giving the appearance that the open space amenity is designed to primarily benefit the owner of the 58,000 square foot lot. 18. The design ofthe subdivision presents a variety oflot sizes but the range oflots varies from a high of 5 8,000 to a low of 5,900 square feet. The range of sizes is so great it will likely create incompatible housing types within the development. 19. The proposed development is not in the best interests of the City of Meridian. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 4 OF 8 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption ofthe Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The requested zoning of Low Density Residential (R-4), Limited Office (L-O) and Neighborhood Business District (C-N), are defined in the Zoning Ordinance at 11-7-2 C, G and H as follows: (R-4) Low Densitv Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose ofthe R-4 district is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan ofthe city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. AND (L-O) Limited Office District: The purpose of the L-O district is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district. 5. That in S 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 5 OF 8 the Comprehensive Plan." 6. Idaho Code S 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 7 . Idaho Code S 67-6512 ( a) provides the authority to grant special and! or conditional use permits" . . . . when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII S 2 of the Constitution ofthe State ofIdaho. 9. The provisions oflC. S 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: I. That the application for annexation and zoning is denied for the following reasons: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 6 OF 8 A. The proposed uses for the proposed development, the design of the proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. B. The zoning and design of the proposed development being sought are not compatible with the Meridian Comprehensive Plan. C. The request for office space is not compatible with the Meridian Comprehensive Plan or ordinances in regards to use exceptions. D. The proposed development is not in the best interests ofthe City of Meridian. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I Z--~ day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 7 OF 8 t)c;I,~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED tfa- GOUl-.J'CILMAN BILL NAR \ VOTED VOTED ~ COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED ~ MAYOR TAMMY De Weerd (TIE BREAKER) VOTED DATED: /tl-/2--R~ MOTION: ,~~~ ~ APPROVED: )(if~~- -- ~APPROVED; I Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: j~\1L ~uur--- City Clerk's Office Dated:_~O- 25-0? FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL LEESHIRE SUBDIVISION; CASE NO. AZ-04-017 PAGE 8 OF 8 ( October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT SWI Associates, LLC P P 04-024 October 12, 2004 ITEM NO. 5-0 REQUEST Findings for Denial - Request for Preliminary Plat approval of 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N, and L-O zones for proposed Leeshire Subdivision - 5603 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: e~^-- rJ iekd Date: 101, I JOY Phone: Emailed; ShctUX) ~ I0t1cieO(l5al--!T:0-1.c::" ttet Staff Initials: t.J< Materials presented at public meetings shall become property of the City of Meridian. See attached Findings vV' ~ BEFORE THE CITY COUNCIL OF THE CITY OF M IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) 89 BUILDING LOTS AND 20 COMMON ) LOTS ON 29.69 ACRES IN PROPOSED ) R-4, L-O AND C-N ZONES FOR ) LEESHlRE SUBDIVISION ) ) ) ) ) SWI ASSOCIATES, LLC, Applicant C/C 09-07-04 CASE NO. PP-04-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 7,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-04-0 17, and the hearing was opened on the preliminary plat application and Anna Powell, Planning Director for the Planning and Zoning Department, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansen, Mark Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill Wiser, Dale O'Brien, Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri Lewis, Jerry Peterson and Ed Buckley, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-04-017 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR LEESHIRE SUBDIVISION PP-04-024 Page - 10f4 FINDINGS OF FACT 1. It is fOllild that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-04-017 due to the following: 1. That the application for annexation is denied for the following reasons: A. The proposed uses for the proposed development, the design of the proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. B. The zoning and design ofthe proposed development being sought are not compatible with the Meridian Comprehensive Plan. C. The request for office space is not compatible with the Meridian Comprehensive Plan or ordinances in regards to use exceptions. D. The proposed development is not in the best interests of the City of Meridian. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-04-017 the Council does hereby deny the application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR LEESHIRE SUBDIVISION PP-04-024 Page - 2 of 4 for preliminary plat approval for the following reasons: 1. That the application for annexation is denied for the following reasons: A. The proposed uses for the proposed development, the design of the proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. B. The zoning and design of the proposed development being sought are not compatible with the Meridian Comprehensive Plan. C. The request for office space is not compatible with the Meridian Comprehensive Plan or ordinances in regards to use exceptions. D. The proposed development is not in the best interests of the City of Meridian. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR LEESHIRE SUBDIVISION PP-04-024 Page - 3 of4 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 /2 ~y of &??-~~ , 2004. and City Attorney. \O.2t;~D-{ Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR LEESHIRE SUBDIVISION PP-04-024 Page - 4 of 4 October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT SWI Associates, LLC CUP 04-026 October 12, 2004 ITEM NO. 5-E REQUEST Findings for Denial - Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses wjreductions to minimum street frontage for Leeshire Subdivision - 5603 North Locust Grove Road 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: ~J'---!....{ ;;.~~ Date: lofl' (oy Emailed:ShQ.~1€/o.....J...f!CI1sv-l-fa....-f:f...f1-e..+ Staff Initials: See aHached Findings ~~ Phone: JR Materials presented at publlc meetings shall become property of ff1e City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF M IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A MIXED USE PLANNED ) DEVELOPMENT OF SINGLE-FAMILY ) HOMES, OFFICE AND COMMERCIAL ) USES ON 29.69 ACRES IN A PROPOSED) R-4, L-O AND C-N ZONES FOR ) LEESHIRE SUBDIVISION ) ) ) ) ) SWI ASSOCIATES, LLC, APPLICANT C/C 09-07-04 CASE NO. CUP-04-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on September 7, 2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judiclal notice of its action ofthe denial of the application for annexation and zoning in Case No. AZ-04-017, and the hearing was opened on the conditional use permit application and Anna Powell Planning Director for the Planning and Zoning Department, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansen, Mark Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill Wiser, Dale O'Brien, Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri Lewis, Jerry Peterson and Ed Buckley, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-04-017 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026 Page 10f4 1. It is found that the Recommendation To City Council ofthe Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the conditional use permit due to the denial ofthe annexation and zoning in Case No. AZ-04-017 due to the following: 1. That the application for annexation is denied for the following reasons: A. The proposed uses for the proposed development, the design of the proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. B. The zoning and design of the proposed development being sought are not compatible with the Meridian Comprehensive Plan. C. The request for office space is not compatible with the Meridian Comprehensive Plan or ordinances in regards to use exceptions. D. The proposed development is not in the best interests of the City of Meridian. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-04-017 the Council does hereby deny the application for conditional use permit approval for the following reasons: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026 Page 2of4 1. That the application for annexation is denied for the following reasons: A. The proposed uses for the proposed development, the design of the proposed development and its conformity in relation to neighboring developments are not compatible with the Meridian Comprehensive Plan. B. The zoning and design of the proposed development being sought are not compatible with the Meridian Comprehensive Plan. C. The request for office space is not compatible with the Meridian Comprehensive Plan or ordinances in regards to use exceptions. D. The proposed development is not in the best interests ofthe City of Meridian. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026 Page 30f4 Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 121-ay of fllIcr /&:t/~ d/'~Pt By: Jahn... ~Ju ~ City Clerk's Office Dated: {O-2b~04- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026 Page 40f4 October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Primary Colors, Inc. CUP 04-027 October 12, 2004 ITEM NO. 5-F REQUEST Findings for Approval - Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare - east of South Eagle Road and south of East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE 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:l)~ li\c..,-K~ Date: ~ Phone: EmaiJed: cLo..v~ (fJ. ~'~{\() CLC\'-e..- .- -€l\c:\U\Hf 5 ~ Staff Initials: ~tJL <..0 rY) Materials presented at public meetings shall become properly of the City of Meridian. See attached Findings ~v- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Primary Colors CUP Case No(s). CUP-04-027 For the City Council Hearing Date of: September 28, 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 967- 6509. The matter was duly considered by the City Council at the September 28, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Oral testimony was received on this matter, as reflected in the records ofthe 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). CUP-04-027 - P AGE I of 5 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 verified that the property owner(s) ofrecord at the time of issuance of these findings is A-A, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the 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. 967- 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 9 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 August 14,2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe 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: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 14, 2004 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). CUP-04-027 - PAGE 2 of 5 2. The following modifications to site specific conditions were made at the City Council hearing: None. 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 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 permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. ill this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. ill 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.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 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 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NOeS). CUP-04-027 - PAGE 3 of5 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. P. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Pinal Conditions of Approval Exhibit D: Conditional Use Pernlit Findings By action of the City Council at its regular meeting held on the /2 t5- day of ()C//v~ ,2004. COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NAR y VOTED COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED - Attest: , / / Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: :JL~ .tu-lft-- City Clerk's Office Dated: 10- 2S ~ 04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-027 - PAGE 5 of 5 EXHIBIT A Legal Description 1...:- \ r:~It/~b/+ ,A. ,1 , ' TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385"0696 1P~II'A"'IGII'il'V 71ilt.~::.~~~ Project No.: 2541 Date: February 24, 2003 DESCRIPTION OF PARCEL 1 IN PROPOSED SILVERSTONE EAST SUBDIVISION FOR THE SUNDANCE COMPANY A parcel of land being a portion of the East 1/2 of the NW 1/4 of Section 21, T.3N., R.1E., 8.M. as shown on Record of Survey No. 5136 on file in the Office of the Ada County Recorder, Idaho and more particularly described as follows: BEGINNING at a brass cap marking the North 1/4 corner of said Section 21; thence along the North~South centerline of said Section 21 South 00011'43n West 809.05 feet to an iron pin marking the Northeast corner of the parcel of land described if) Instrument No. 100029927 in said Office of the Ada County Recorder; thence along the boundary of said parcel of land North 71005'47" West 316.75 feet to an iron pin; thence continuing South 56021~27" West 104.33 feet to an iron pin; thence continuing South 00001 '30" West 281.98 feet to an iron pin; thence continuing South 80031'23" East 390.95 feet to an iron pin on said North-South centerline of Section 21; thence leaving said boundary along said North-South centerline of Section 21 South 00011'43" West 1546.61 feet to an Iron pin marking the Center 1/4 corner of said Section 21; thence along the East-West centerline 9f said Section 21 North 89007'33n West 1333.76 feet to an iron pin marking the Southwest corner of said East 1/2 of U~C NW 1/4 of Section 21; thence along the West line of said East 1/2 of the NW 1/4 of Section 21 North 00013'16" East 1990.91 feet to the Southwest corner of the NW 1/4 of the NE 1/4 of the NW 1/4 of said Section 21; thence along the Seuth line of said NW 1/4"of the NE 1/4 of the NW 1/4 South 89012'38" East 666.42 feet to the Southeast corner of said NW 1/4 of the NE 1/4 of the NW 1/4; thence along the East line of said NW 1/4 of the NE 1/4 of the NW 1/4 North 00012'29" East 663.97 feet to the Northeast comer of said NW 1/4 of the NE 1/4 of the NW 1/4; thence along the North line of said Section 21 South 89014'20" East 666,27 feet to the POINT OF BEGINNING; Said Parcel Contains 68.24 Acres, more or less. Tax Parcel 81121212485 2541-1~less-10Ac-desc"doc ~ dnm EXHIBIT B Approved Site Plan '2y..\,J)~t 15 ?'fJ::I.-8I.~ ("",) OHV ~ m. ~I!;~ ml'".r1 "U!lIU AVM llIOd 11'1800 ~~III Q ll!HI.... f,:1U.tnn on Sl"kII'IYO S1'l:t-lltlmQ ::JNO.L!1lDA"19 U Q-..Lj:.lIJ~ riE.Ur J'II'fU ~ ...."'J'ml(:&.l.v ~J.1 ~iI11:P.f 11.!l~'J.f1'1 :al:lV::JJ..VCJ StlOlOO Al:I"fflJ!d ~ Ii ~ :3 .~ ,. - --.~ -- ~ ~ . I..: "' .-;: I:.; & >-- s;;- c; ~=:~ ~p,o(1 ~ u; ~~~~ E~ ~~~~ ....:; !~~8 ~S ::~~i ...; ,.~ i:.. >- i::~~;-~' ~@ ~~t~~~ u:~ ~~~~~ ....:~ .'-1is.:,:-. :> ~ ~~~~ t: 7' ~i'i.-= ~ ~~~~ ~ 3~~~ I<; Ii e: if. ........_._..IIiI.BI_~_.........__.,...~.-, 0""" 1" . ~ ~ i W ~ I... ~~ ~. II .. ~ ~ ~ - r. ._ ~ t 4-.. ~~~:;~ t ~ V :~~~ ~ ~~t ~ - :::I ~ ~ ~ ~.. ~... ~ ~ ~.~ i ~ ~ ~ '.~;, ~ ~ "" .. ~ d~~::~~ih n~,?~; ~ ~ ! ~d~l~ ,,2, ~~:~~d~~ ~5 ~.~~ ~ 5 $ ~ ") .. t ! .,.~ ~ ~ ~ oj .. I/' I '5 "j f: t ~ r. "$ ~ ~ ... \r ., V' 11 \I ~ .. ~~} ::. ~ ::. ~ 1 ~ 'IF 2::: n ~~~~':=''';;~"i~j~~~~~ l'l (i " ~~~~~~ R~$ er U.~~~!:i~~ i~ ~J ~~ ~H~, - HUt] I i I! ! -f(**$.~~KJ~I: ... ~\r\, h ~ n ff~ ~I [; ............--~- :.~f::.__ ........"'0: "... \~z.':--:;\:'. . h , <' </ i ~i ~ ~ f 2 ,..~/ , . ,0 ! .' . h.... / , ~/ :.;t;_-_-- --- -:.:- :.r;.:-.s~ :J..PI.-n.,;' - ~ ~ p // : , , . -":.':...-::;:~...../ , , , , , , , P:\A-CIVIL\CD4tiO~5\dWlJ\C04tioa5_BS.dwg, CIVIL, 10/6/2004 3:53:59 AM, Pinnacla Enginou.. Int. All Rigl110 Ra..rvod ~ ';~1 .....: ,; ~:\ <,.; .f~ "'ti..: ~ 'i~' /. ~i :::::: ~ ~ ;- "ti; :;l. t~ J-~ ~ i EXHIBIT C Conditions of Approval SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning, Development Agreement, Silverstone Business Campus Subdivision, and the Preliminary Plat for Silverstone Business Campus Subdivision shall also be considered conditions of this Conditional Use Permit (CUP-04-027). 2. 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. 3. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSe. All dumpster(s) must be screened in accordance with MCC 11- 12-1.e. 4. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface 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. 6. Sanitary sewer and water service shall be from existing service lines on the property. Assessment fees for sewer and water will be calculated and paid at the time of building permit issuance. 7. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site. 8. 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. 9. All exterior lighting shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with MCC 11-13-4C. 10. All development shall comply with the Americans with Disabilities Act (ADA.) 11. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. 12. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 13. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 14. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome ona request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex. 10. All portions of the buildings located on this project must be within 150' of a paved surface. 11. Three- point turn is needed at end of parking lot. 12. Site must pass criteria of State Fire Marshall for day care center. C. Adopt the Recommendations of Central District Health Deparbnent as follows: 1. Central District Health will require plans to be submitted for any child care center. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 3] -3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Findings for CUP 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; Staff finds that the subject property is large enough to accommodate the requested use and all required features. Required parking is based on the standards for a day care center outlined in the Meridian City Code. One parking spot is required for every ten children plus one space per staff member (MCC 11-13). The proposed site plan shows parking for thirty-seven vehicles. Based on the approval for 150 children and fifteen staff members, thirty parking spaces are required for the proposed day care center. AU required landscaping is depicted on the site plan / landscaping plan. 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 "Mixed- Use Regional." Mixed Use - Regional areas will provide a full range of commercial, retail and residential uses. Sample uses include: residential densities of 3 to 40 dwelling units per acre, grocery stores, drug stores, coffee shops, salons, daycares, professional offices, medical offices, garden centers, restaurants, banks, drive-thru facilities, service stations, deparlment stores, entertainment uses, major employment centers, etc. Staff finds that the proposed day care center is harmonious with the 2002 Comprehensive Plan and Future Land Use Map. If the applicant complies with the conditions outlined in this report, the proposed development will meet the requirements of Titles 11 and 12 of Meridian City Code. 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; Staff finds that the design, construction, operation and maintenance of the proposed day care center will be compatible with other uses in the Silverstone Business Campus Subdivision 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. Staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed CUP is compatible with other uses in the neighborhood and if the use will adversely change the existing and intended character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that the proposed use will not adversely impact other property in the vicinity. The proposed day care center will be compatible with future C-G uses located in Silverstone Business Campus. The Council and Commission should rely upon public testimony to determine if the development will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. 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; Stafffmds that the proposed improvements would not be detrimental to the economic welfare of the community, nor would the development create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation fuat will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed day care center should have a minimal impact on surrounding C-G uses. 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; Staff finds fuat the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. 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 majOl' importance. Staff does not fmd that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Victor Danilovitch CUP 04-030 October 12, 2004 ITEM NO. 5-G REQUEST Findings for Approval- Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics - 345 South Adkins Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:~.tm [)~ Date:~ Phone: tAfIl.3~/-?/'i(} Emailed: VLflH/-er-:Sa..I.... @ d.Clr\(,K J'1(Y'1.c6(Vj Staff Initials: JJe Materials presented at publIc meeflngs shall become property of the City of Meridian. See attached Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Operate a Gymnastics Center in an I-L Zone, at 345 S. Adkins Way, by Viktor DanUovitch Case No(s). CUP-04-030 For the City Council Hearing Date of: September 28, 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 ofrecord 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 967- 6509. The matter was duly considered by the City Council at the September 28, 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 SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CrTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-030 - PAGE I of 4 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 verified that the property owner(s) ofrecord at the time of issuance of these findings is Walter Morrow. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for each type of 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. S67- 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 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 8-22-00, modified on 12-30-02, as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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 9 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 NO(S). CUP-04-030 - PAGE 2 of4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 8-22-00, modified on 12-30-02, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. 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 permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval 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 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. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Tide 67, Idaho Code. F. Exhibits Exhibit A: Deed and Legal Description CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP.04-030 - PAGE 3 of 4 Exhibit B: Approved Site/Landscape Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the /2-1-5::, day of ~h~ ,2004. COUNCILMAN SHAUN WARDLE VOTED$tt- ..GOUNCILMAN BILL NARY v OTTID COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: ~ !II...::J1AtiM. ) CIty Clerk's Office Dated: lO -;lS "04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-030 - PAGE 4 of4 EXHIBIT A See Attached Deed and Legal Description .l'-ltll:ll II .) II / tlli ~~OROltEO"~ 'Of _I ADA C{JUI"TYWDU~~ ~O ~~ PIONEER TITLE COMP ~..M.V IlAVARRO FEE <' UEPUTY t1I.'Wl ,//JAffO O~FD cauNlY ~. 280UHR 1 PH~: 18 I nOOZ281B .t. ...\ ~ 7'""0 ~ J" PlONEER TITLE 821 West State Street / Boise. ldaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 8]704 (lOB) 377-2700 I\evicwed and appt'oved by: (,.I..u/1.- SPACE Anove FOR nECOlWlNO DATA !ilJmUP.lG.lU\l{,{roI.lJ\W nAli].[lIJUmo\JXDm.7iiUl.l'i~1Ul!fiUln~i~m&1a IN 11ifWUi1lll\l&m!.*rotl&1Y.IDHlJ.~ 9 ~ ~ WARRANTY DEED 1;1 ~ ~ ta {CORPORATE FORMI t.: ~ PROPERTIES WEST. INC.. an Idah 0 eot'pora tion , a CflfpOrlllr~n ~ ; llrgnniud :trId.exlsting und.,.lhe laws of the Stille llrIdnho, with iL~ prlndpal Druce nt 140L Shoreline Dri.ve. ~J ~ Baue of Counly llf Ada . Stllle of Idaho, e-: ~ /lTIIntor, h"feby CONVEYS Ilf OItANTS llIld WARRANTS TO . 5. i C' 'WALTER W, MORROW and CORRlN!': L. MORlWW. Husband ond Wife grlUItec(s} ~ "'1 of P.O. Box 770, Metidian. Idaho 836110 . fortll~!lIImDF 10: ;~ OOL'n~,~ Ten Dolla-.rlol and other good an<l vlltullble consideration ......."" :I>t the folJowlngd=rlb.!d lrw:t(s}orrnnd in Ada County, SUlteQ('lllldlO: ~ ~ i LOT 3 !.N lILOGK. 3 or MEDIMONT SUBDIVIS1:0R liO. 2. AGCORDING TO THE PLAT THEREOF. t :. 'ILED I. .OC' " OP ru.OS ., "G" .453 AND ..". ,"",OED, 0' "" COUllTY. mAllo. ! ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ tf, Tax Farcel. No. lt5657610900 ~ l1l! Lot:arloo ofnbov.:. du..lbed propmy ~ I ~~~ h~ ~ Tile officerll whD lisn lhls deed htm:by =tlfy Ihallhb tl~ nnd Ill.:. tnUlsFcr ~nl.,.d ht~bl' are ~uthDttzed under n ~ .. =olutlD1l adopted by lIte bontd of dif~or~ of the r,mnltlf III n lol'lfulroeetlllll beld Illld llllended by 11 qUlIflItI1. $)I I In Mln...! w!tell:af. lbe grontor bll$ calJ5Cd 115 C1lt]JOIate nIWlJ! lU1d :ll!Ilt 10 be hneunto nffixed by till duly nuthor/n!d ~ Drticuuhis dayor March , A..OlQ9 ;WOO P: ~ ti . . . ~ :i e; ~ (CORPORA'!E NAM~) ~ ~ ~ .~ ~ ~ ~~~ ~ ~ ~ ~ orl SECRETARY ~.'~ ~ ~ c" ~ ~~i ~J ~ ~~i ~ Ada ~.~.' STATE OF CDIlnlyof ,55. ~ q ~ ~ March ,In '''A ,,-<o[ 2000 :.'} ~ -- .~~=~ I ' It nDllU')' public, ~~ ~ ~ ~ ~ :-~ :; ftlLllrumenl or !,he person _ who elIecu!ed tbe In !:J ::;d IcrntInn executed thll ~me. ~:: ?$ ....'..oJ'l'A TE oft \..l Nor:lrY Public: ;l~i 1$ ....................-.;1."''' ~ ..R'CSidil1tat: ~ ~ ~~~~~ ~ ~ ~. ~ ~ ~ ~WWmw/ID~W~W~Wm~~~~~~~w~~~~nmm~~~~ EXHIBIT B See Attached Site/Landscape Plan i I I I ! i Ie iI n r ,. ~ ~ .. ~ i ~ ~ ~ j ::g~; ~l ~~~ ::..:~ 11 ~~e:EE€ ~~ ,~ u, "1""1 iji ~~~H~ ,,~~i ~ ...... i K: ~~~;f~ ../ I~ I ...::"....... ....Zi ~..:~. d O! ........ ~ 15 ~::.:~i ~:-c :to ::..::. ~ . ~ ...:: ~j ~~ F~~: ~ i!i :~~:: .. g~ ::':=~ --(-(.... . tl f" I~ tll r~ ~ ~ g ~ ~ 3 ~! w ~.~ F ~ ~.!!l~~1:~~.'n~II'~~g :z ""'rrol!Jc,.;="-j"....>;: IJ I::.crr-q,...::rr:06\JPtfil m ~!lj'~..~~:::i"'2'Q3 ~ "''''"z;t;;;'i'''C>Q.QS;j Cl ~~1lIl'!~..:;j~"':l:"'~ "Il r,r' --n.c.rr>~ oomlll~h"'l !11,r 2t' IJ ~m:n:;;,(}>5;?j; >~ 7' l::>,jijir":Liil5..;lo~ <: r" 'i OJ "" U;l: (\ >- "" ~"g~Zi; ....~.~~~ 2 .. \) ~ 1Il \) (II ::;,~ 8 ~ ~ ~ ~ ;.: ... r -I 0 >' 'Jo ii ;9 '- 7 :z ?; ~ -. -I 1iI ~ :;!'1 " )- lJ' -1lI~ ~"~ ..,n Ij " ,. ~ ~ij. () >(Ilr r SRf\gnV~~ "II 0 ~ ~~~ III 2 II' X ~:; ~ ~ zg~r3'''F>... Ii ... am fL.\' ~~~~~U~~\O ~ ~ _~~ -I l!:>jl r m ~ 0 ;>I ~*Il ~ Otll'iQ -It' (\ .. (\ _r ~<:Iilil;lp:>"~ -I 0 ~~~ ;;!~ 0 [Jl Sl{i \J ~~-~ p~o IJ r O~ Cl ,~...~ 7' ,. ~.~ :>,,> :!i 9", :z 7' ~"........~~ Qii: c 1I>r [Jl ~,,> - :> :~ . ~ UI - m I" I V \P ~~ 0> ~Sl ~ e~ ml m ~! <!8 ~R ,. 7' ';1::< ~~ >-l ~~ I .7 I I ;;'J~~~Hh~$ lp:Z~ 8~s~ 0 ,:a 0 to ..D 1II l.IU?r> :q:-q:-q;ll "1 l> . g~ . " ~ ~ 2! - :z r l> )> ~ J' Z 1; 1 ~ ~ t ;: ... '2 Ii' 7-~~ I~~ g~~ .Ii *>' I!. I'<AI.-ISns.u. "T'N'ET ~ 'l! . II' Stonebridge Industrial Building Meridian Idaho w. M.:.- ("""11>._ -""""""'" ~ rTmTlJ ~ ~h~ --- ..::=: _.- ---- ___a_ EXHIBIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. All conditions of the previously approved Development Agreement, dated May 20, 1999, instrument No. 97072405, Medimont Subdivision No.2, and the CZC (CZC-02-070) application and site plan prepared by Stephen R. Teed, on 8-22-00, revised on 12-02, shall also be considered conditions ofthe Conditional Use Permit. 2. Provide parking in accordance with the requirements of the City Council. The applicant shall clarify, at the public hearing, how many children are expected to attend the center, how many employees he will have, and how many off-street parking spaces will be needed to operate a gymnastics center of this size. The applicant shall also clarify ifi'when competitive events are held at this facility, and if there are competitive events on the site; provide a parking plan for those events. If a parking plan is required, said plan shall be approved by the Meridian Planning & Zoning Department, with a recommendation from the Chief of Police prior to occupancy. All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) 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- I.C. 4. 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). 5. 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. 6. 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. GENERAL REQUIREMENTS 1. 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. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall conform to the requirements. of the Americans with Disabilities Act. 4. 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 of the conditional use permit. B. Adopt the recommendations of the Ada County Highway District as follows: 1. On January 8, 1997, the Ada County Highway District Commissioners acted on Medimont Subdivision. The conditions and requirements also apply to CUP-04-030. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 2. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 3. Maintain a separation of5' from the building to the dumpster enclosure. 4. Provide a Knoxbox entry system for the complex. D. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. The trash enclosures are approved in the size and location depicted on the plans submitted with the application. E. Adopt the recommendations of the Meridian Police Department as follows: 1. Chief Musser is requesting a parking plan for the proposed usage as competitive events in this location may create a parking problem. The site plan parking appears to be limited and this is the second business in this building. Current light industrial uses and construction in the area impact available curbside parking on the street and the street is also used by emergency vehicles fro (sic) the police department to access Franklin Rd. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES 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 ifthey 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; Required parking for a gymnastics center is not specifically listed in MCC 11-13- 5. For uses not listed in MCC 11-13-5, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission. Because there are only 24 off-street parking spaces for the entire 16,000 square foot building, staff is requesting that the applicant provide a parking plan for the proposed use. Further, the applicant should clarify. at the public hearing. how many children are expected to attend the center. how many employees he will have, and how many off-street parking spaces will be needed to operate a gymnastics center oHms size. The applicant should also clarify iffwhen competitive events are held at this facility. and if there are competitive events on the site, provide a parking plan for those events. See Special Consideration #1 and Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing. and parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for a gymnastics center. 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 Future Land Use Map designates the property as "Industrial" and is currently zoned I-L. Staff finds that the requested use is consistent with the Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances. 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; Although the existing and intended character of the general vicinity is industrial, private schools (gymnastics centers) are conditionally allowed by ordinance in this zone. School and warehouse uses are classified differently when determining intensity (see Land Use Intensity Classifications Table in MCC 12-13-12-4). However, staff believes that the existing industrial/warehouse uses are compatible with the proposed use. Further, to the south of this site is a vacant C-G zoned parcel, and to the north and east are public streets, with street buffers. The only adjacent use currently is the Schwan's warehouse directly to the west. The Schwan's warehouse has been designed so their parking, not the building, backs up to this site. The Schwan's site is fenced, and staff does not anticipate this use to impact a gymnastics center, or vice-versa. Staff finds that the small scale of the proposed use, 6,000 square feet, should not adversely change the essential character ofthe area. Staff finds that the design, construction, operation and maintenance of a gymnastics center should not conflict with other uses in the general vicinity. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining ifthe proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; This site has been the subject of other development applications in the past. Required landscaping, parking, setbacks for the building and other site improvements were previously required with the Medimont Subdivision and Certificate of Zoning Compliance (CZC-02-070) for the subject building. Staff finds that if the applicant complies with all conditions imposed on this site, the proposed use should not adversely affect other property in the vicinity. See Finding HA" above regarding the potential parking impact on other tenants in the building and on surrounding properties, and Finding HC" above regarding the intensity (use) of surrounding properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff s analysis, when determining if the proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, 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; All essential public facilities and City services listed above currently serve this site. On August 13, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Police Department has concerns with parking during competitive events on this site. The street (Adkins Way) is used by emergency vehicles for the Police Department to access Franklin Road. There is some concern about on-street parking conflicting with emergency vehicles and the light industrial/construction uses in this area. All of the detailed conditions from the Police Department and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. 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; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds 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. 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; Access to the site is currently provided from curb-cuts on Adkins Way and Kalispell Street. ACHD has previously approved the existing access points to the adjacent streets. Ifparking is designed in conformance with the City's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site. October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Kathy Hinshaw CUP 04-030 October 12, 2004 ITEM NO. 5-H REQUEST Findings for Approval - Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) - 128 East Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted~ -t\ \~ Li'l Date: lo\u \CJf-.-t Phone: Emailed:()..(O(Y\~<<sc--et.\-t.s L\ u... @,. QO \ .COtV\ Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ~ FINDINGS OF FACT, CONCLUS DECISION & 0 In the Matter of a Request for Conditional Use Permit Approval to Candle and Gift Shop in an 0- T Zone, by Kathy Hinshaw Case No(s). CUP-04-031 For the City Council Hearing Date of: September 28, 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 967- 6509. The matter was duly considered by the City Council at the September 28, 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 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-031 - PAGE [ of 4 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 verified that the property owner(s) of record at the time of issuance of these findings are Tony and Kathleen Hinshaw. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for each type of 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. 967- 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 9 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 7-12-04 as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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 9 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 NO(S). CUP.04-031 - PAGE 2 of 4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 7-14-04 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. 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 permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC II-17-4.B.) E. Notice of Pinal Action and Right to Regulatory Takings Analysis I. 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. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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: Deed and Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-031 - PAGE 3 of4 Exhibit B: Approved Site/Landscape Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the /2. f"f.. day of a-/o~ ,2004. COUNCILMAN SHAUN WARDLE VOTED ~ COUNCILMAN HILL NARi VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: jQL\ Cl A_l UfYL} City Clerk's Office Dated: 10, 25-04- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-031 - PAGE 4 of 4 EXHIBIT A See Attached Deed and Legal Description @€J 6 fI1:UT A ~~. Order No.: A0429294 WARRANTY DEED FOR VALUE RECEIVEDt ROBERT GOODWIN. AN UNMARRlED PERSON The Grantor(s). da(es) hereby grant, bargain sell and convey unto TONY A. HINSHAW and KATHLEEN P. HINSHAW, HUSBAND AND WIFE whose current address is 128 E. PINE AVENUE MERIDIAN, ID 83642 the Grantee(s), the following described premises, in Ada County, Idaho. TO WIT: The East half of Lot 1 and the South 90 feet of Lot 8 in Block 2, F.A. NOURSES FIRST ADDITION, according to the Official Plattbereof. filed in Book 2 of Plats at Page(s) 53. records of said Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtcJlJII1C1ls unto the said Grantee, heirs and assigns forever. And the said Grnntor(s) do(e!l) hereby CllVCnlll1t to and with the said Grantee(s). that (s)he is/are the llwncr(S) in fee simple of said premiBC8; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations. easements, right(s) of way, prolJ!ctive eoV1l11anls, 2.Oning ordinance~, and appliCllble building codes. laws llIld regulations. general taxes !IIId lISIe!l!lmenls, Including irrigation and utility easements (if any) for the cUlTe1It year, which are not due and pa.YBble. lInd that Gl'lllltor(s) will WIUTIIl1t and defend the $Ul1e from alllawtill claims whatsoever. oa.rl, ;;t ROBERT GOODWIN STATE OF IDAHO COUNTY OF ADA EXHIBIT B See Attached Site/Landscape Plan ~ All e.j WQ~f ~- I:)V t s rvu:J 1 I' ~L5 3?/ ~ ''I'' I~ ~ . ...,. &Yo.vd pril't "1-1...,,1 +oIi:>L,.........~. 1, Cll-lIti'wl . &.lltYdt.. ~l~ns Hur.t6:i~j fA;~ 'J I i 6' I~ \f~ :Je.r~ '. sheoL . 'tt: .~ 2V 1-" N W' t ~ 5 ~\\5V-'<V L- ~ I \Oy'! t. , \ ~. .:.i~~ 0 l . : ,1 &ra~s Gruss I -7 . 3D' t ~ ! 2j f.. Pine Ave. 9=t..-4! sf. ''!'''-'.;P?.".~" fWi~ ~ I ~ "- ~ ~, "'.~:r . ;". ~o.:......f.;. (~ ~~ ~ .<::3 ',"6' .. .;;;: ~ E ~ ~ ~ ~ (.:L i:i uJI '" \.)0 N )t.!.I1'Ptf' b~sheS Viola.s' . .I.....':'~.~'.I ,. .-. ...-..~~"4:- c.u~I~ ~sidtUX1.1\::.. &r.t\ss EXHffiIT C The City Council ofthe City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. This CUP approval shall be contingent upon the applicant obtaining a parking variance from the City Council (see V AR-04-005). 2. Prior to obtaining occupancy, provide parking in accordance with the requirements of the City Council, as required with V AR-04-005. All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. Provide and maintain landscaping adjacent to Pine Avenue in accordance with MCC 12- 13-10. The standard established in the City of Meridian Landscape Ordinance for mitigation of existing trees (if removed from the site) will be followed. 4. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) 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- l.C. 5. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 9. 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. 10. 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. 11. The 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. B. Adopt the recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. In order to be consistent with previous Commission action regarding paving of the alley and the back up requirements, the developing site shall also benefit from the Commission action of November 20, 2002. The applicant shall not be required to pave the alley abutting the development site and to the nearest street. The applicant shall not be required to provide the required back-up space requirement. 2. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items. in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site on Pine Avenue. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 mown 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. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. Acceptance of the> water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. All processes & storage practices shall be required to comply with the International Fire Code. 7. All portions of the buildings located on this project must be within 150' of a paved surface. D. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. E. Adopt the recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES 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: As mentioned in the summary above, the submitted site plan only depicts one on-site parking stall. MCC 11-13-5.B.2 requires retail uses to provide 1 on- site parking space for every 200 square feet of building (gross). Per this requirement, the applicant would be required to provide five (5) parking stalls (924 s.fbuilding/200 = 4.62 stalls) on the property. MCC 11-13-3.A requires off- street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which wi11least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet ofthe use served. MCC 11-13~4.F requires parallel parking stalls to be 9-feet wide and 23-feet long. The applicant is proposing to utilize the existing covered, IS-foot wide by 19-foot long, concrete slab for the on-site parking stall. Further, the applicant is proposing to pave a driveway, from the alley to the stall. There are approximately 40-feet from the back ofthe parking stall to the alley. The driveway to the parking stall is approximately 17-feet wide. For one parking stall this design the minimum requirements for paving, back-up area, and should have no more interference with traffic movement than any other property taking access to the alley. With the amount of frontage this site has on Pine Avenue (46~feet), the City would recognize two (cars) being able to park in front oftms site (see MCC 11-13-4.F). Further, all of the parking stalls within the City parking lot, on the south side of Pine Avenue, are within 300-feet of the proposed use. Staff recognizes that most parcels located in the O-T district were not originally platted anticipating retail uses in the future. In fact, when the subject properties on this side of Pine Street were originally configured, in 1901 with F.A. Nourse's First Addition to Meridian, the lots were 30-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non- residential uses. The applicant has submitted a variance application seeking to alter the City's established parking standards (V AR-04-005). NOTE: MCC 11-18 does not require Commission action and will be heard by the City Council on the same agenda as the subject CUP application. On January 28, 2003, the City Council approved a Conditional Use Permit (CUP- 02-033) application and concurrent Variance (V AR-02-016) application for a retail use directly to the west of the subject property (124 E. Pine Avenue). The above-mentioned applications requested CUP approve to convert the existing home into a retail business, and a variance to provide only two (2) on-site parking stalls for the retail use. Staff is recommending approval of a parking variance for the following reasons (City Council and Mayor please see V AR-04-005 for more detailed findings): · The City has a surface parking lot in this block of Pine Street, on the south side of the street that patrons may be able to use, · Pine Street does currently allow on-street parking in this area, · This site has constraints on the alley side that would make adding additional parking in the rear very difficult, · Staff does not anticipate that this will be a high volume retail business. ACHD anticipates that this business will generate forty-one (41) vehicle trips per day (see ACHD staff report), and · Requiring the applicant to provide five (5) parking stalls on-site would be detrimental to the atmosphere of Old Town as set forth in the Comprehensive Plan and the Downtown Marketing Strategy. See Site Specific Conditions #1 and #2 below. Landscaping: The existing building is sandwiched between two other commercial uses. Therefore, landscaping to the east and west are not required by City Ordinance. MCC 12-13-10-4 requires a 20-foot wide landscape buffer along Pine Avenue. Within this landscape buffer, MCC 12-13-10-6 requires one (1) tree to be planted for every 35-feet of street frontage. This site has 46-feet of frontage on Pine Avenue. The existing building is set back approximately 30-feet from Pine A venue, allowing plenty of room to provide the required buffer width and materials (1 tree and vegetative groundcover). There are two (2) existing, approximately 2-inch caliper trees, located within the required street buffer (front yard) adjacent to Pine Avenue. These trees should be retained. See Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing, staff's analysis, and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for a retail business. 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 Future Land Use Map designates the property as "Old Town" and is currently zoned 0- T. Staff finds that the requested use is consistent with the Future Land Use Map and the goals, objectives, and action items ofthe Comprehensive Plan. If approved as a CUP, staff finds that the proj ect will be in compliance with the requirements established by ordinance. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed retail use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the Old Town neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The conversion of a residence to a retail use increases the need for parking in the area. Parking demand has the potential to affect other property owners and business in the area. However, staff does not anticipate that this site will be a significant parking generator. Therefore, staff does not anticipate that the proposed use will have any adverse effect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining ifthe proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, 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; All essential public facilities and City services listed above currently serve this site. Upgrading may be necessary to provide a level of service different from a residential use. On August 13, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. 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; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare ofthe community, nor will the use create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that a retail use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff finds 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. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffi.c on surrounding public streets; Access to the site is currently provided from the alley. No new access points are being requested to the alley with this application. ACHD is not requiring the applicant to improve (pave) the alley abutting the site and to the nearest street. The applicant is also not being required to provide the required back-up space into the alley by ACHD (see ACHD staff report). ACHD has granted waivers of these requirements in the past for other developments in this area due to encroachments of power poles, buildings, and fences in the adjacent alley. Because ACHD is not requiring the applicant to pave the alley, and other uses in this block have not been required to pave the alley, staffis supportive of this waiver. Ifparking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets or alleys. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site. October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Kathy Hinshaw V AR 04-005 October 12, 2004 ITEM NO. 5-1 REQUEST Findings for Approval - Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw - 128 East Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE 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:~~~ Date: lO~U\6L\ Emailed: ex. (D~C..e......~ s t.t lA.-cP>____O"D \ .COrl\ Staff Initials: See attached Findings wrrP-/ Phone: \X'<-. Materials: presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS DECISION & ORDER In the matter of the request for a variance from Meridian City Code 11-13-1 [A-C], and 11- 13-5 to allow reduced parking standards at 128 E. Pine Avenue, by Kathy Hinshaw Case No(s). V AR-04-005 For the City Council Hearing Date of: September 28, 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 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 967- 6509. The matter was duly considered by the City Council at the September 28, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission 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 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-04-005 - PAGE I of4 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 verified that the property owner(s) of record at the time of issuance of these findings are Tony and Kathleen Hinshaw. b. The location of the subject property is located on the north side of Pine Avenue between Main Street and 2nd Street, physical address is 128 East Pine Avenue, Meridian, Idaho within a present O-T (Old Town) zone. c. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. d. The present land use of subject property is presently zoned as 0- T, and which subject property presently has an existing residence. e. The proposed land use of subject property is to convert the existing residence into a retail candle and gift shop. f. The Applicant seeks a variance of the following provision of the Meridian City Code, 911-13-1 and 11-13-5. B. Conclusions of Law 1. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509, 6516 and Meridian City Code 99 11-15-5 and 11-17-5. 2. Application and standards for variances are set forth in Meridian City Code 9 11- 18-2, and the findings which are required are set forth in Meridian City Code 9 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes ofthe Zoning and Development Ordinance and the Meridian Comprehensive Plan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-005 - PAGE 2 of 4 3. 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. 967-6503). 4. 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. 5. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 6. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 7. 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. 8. 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. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. That the Applicant is hereby granted a variance for parking of lon-site parking stall in the 0- T zone for a retail candle and gift shop. 2. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. D. 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 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. CLTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). V AR-04-005 - PAGE 3 of 4 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. B~n of the City Council at its regular meeting held on the a 6e-- , 2004. /2 -r~ dayof COUNCILMAN SHAUN WARDLE VOTED ~ -eOUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED '""" Attest: ""'1= William G. Berg, Jr., City ler ~ <=-Qu. '" 0 2 ~ "'.0 'Sr 1Si. ~ $ % ~ ..<\ 't- ,,'::- '/'" Co.! '" r-rV \V \,.... I; Vi'll l l' \" Copy served upon Applicant, The Plal1'liltrgland,Z:'6'ti.mg Department, Public Works Department and City Attorney. By: ,~.~JAA- City Clerk's 0 fice Dated: to-25'Ot CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-005 - PAGE 4 of 4 October 8, 2004 MERIDIAN CITY COUNCIL MEETING AZ 03-037 October 12, 2004 APPLICANT Centennial Development. LLc ITEM NO. 5-J REQUEST Findings for Approval - Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zones for proposed Chesterfield Subdivision - east of North Black Cat Road and north of West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: .::s:fv.lAAJ'vv~ l~ e Date: ~ Phone: Emailed: Sho.lArncf1LC\.('\ CO/'l,'$c,.j{a.tl.t$'Jlet Staff Initials: ;JCZ Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of Chesterfield Subdivision Case No(s). AZ-03-037 /CUP-03-070 /PP-03-046 For the City Council Hearing Date of: September 21, 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 ofpubIic 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 matter was duly considered by the City Council at the September 21,2004, 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 f CUP --03-070 f PP-03-046- P AGE I of 5 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 verified that the property owner(s) of record at the time of issuance of these findings is Centennial Development, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F/GIH for the findings required for each type of 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. 967- 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 9 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, Preliminary Plat dated 6121/04 as shown in Exhibit B and the Conditions of Approval in Exhibit C/D/E. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 6121/04 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 / CUP --03-070 I PP-03-046- PAGE 2 of 5 2. The following modifications to site specific conditions were made at the City Council hearing: a. Condition added to Preliminary Plat that City enter a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. b. Condition added to CUP to make front setbacks standard and allow a reduction of setbacks within the side yard setback to allow the option of attached or detached homes. 3. The site specific and standard conditions of approval are as shown in Exhibit Co 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 permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & Co) 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 MERlDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 ! CUP --03-070 ! PP-03-046- 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 Judicial 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 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Modified Conditions of Approval for Annexation and Zoning Exhibit D: Modified Conditions of Approval for Preliminary Plat Exhibit E: Modified Conditions of Approval for Conditional use Permit Exhibit F: Annexation and Zoning Findings Exhibit G: Preliminary Plat Findings Exhibit H: Conditional Use Permit Findings By action ofthe City Council at its regular meeting held on the tJ c/-t; 6v- , 2004. 1/) I'~ .?-' day of COUNCILMAN SHAUN WARDLE VOTED ~ tOUNCILMAN BILL NARY VO'fEu --. COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037! CUP --03-070! PP-03-046- PAGE 4 of5 Attest: ~ ~ - ... ... and City Attorney. By: ~(i ~^-lJJVJ City Clerk's Office Dated: l()" 25-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECLSION & ORDER CASE NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- PAGE 5 of 5 EXHIBIT A Legal Description ( PARCEL DESCRlPTION September 10, 2003 LEE PROPERTY TOTAL BOUNDARY (o,uJuf'relrL Sv/') Project: A parcel ofland being a portion of the nor1heast V. of the southwest V. and a portion ofthe northwest Y. of the southeast V. of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COJHMENCING at a 3" brass cap marking the northwest corner of the southwest Y. of said Section] 0; Thence South 89010'36" East coincident with the north line of the northwest Y. of the southwest V. a distance of 13] 8.88 feet /0 a 5/8" rebar and no cap marking the northwest corner of said northeast Y. of/he southwest Y. and the POINT OF BEGINNING; Thence South 89011' I 0" East coincident with the north line of said nOliheast Y. of the southwest Yo a distance of 1317.15 feetto a 3" brass cap marking the northwest corner of said northwest Y. ofthe southeast v,; Thence South 890] 1 '07" East coincident with the north line afsaid northwest V, of the southeast V. a distance of853.69 feet to II 5/8" rebarlcap PLS 5461 on the west right-of-way line of tho Ten Mile Drain; Thence South 17"00'28" East coincident with said west right-of-way line of the Ten Mile Draill, 198.28 feet to a 518" rebarkap PLS 5461; Thence South 22019'37" East coincident with said west right-of-way line afthe Ten Mile Drain, 83.44 feet to a 5/8" rebarlcap PLS 5461; Thence South 18056'22" East coincident with said west right-or-way line ofthe Ten Mile Drain, 94.89 feet to a 5/8" rebar/cap PLS :546]; Thence South 24058' 1 9" East coincident with said west right-of-way line of the Ten Mile Drain, 125.16 feet to a 5/8" rebar/cap PLS 546]; Thence South 38055'23" East coincident with said west right-of-way line of the Ten Mile Draio, 100.02 feet to a 5/8" rebar/cap PLS 546]; Thence South 39018'43" East coincident with said west right-of-way line of the Ten Mile Drain, 89.05 feet to a 518" rebar/c~p PLS 5461; Thence SOllth45"OI'45" East coincident with said west right-of-way line of the Ten Mile Drain, ] .76 feet to a 518" rebar/cnp PLS 5461; Thence leaving said west right-of-way line of the Ten Mile Drain, North 88027'07" West, 16.07 feet to a 5/8" rebar/cap PLS 5461; Thence South 00050'53" West, 267.00 feet to a 5/8" rebarlcap PLS 5461 on the north right-of.way line of the Oregon Shortline Railroad; Thence North 88OZ6'25" West coincident with said north right-of-way line oflhe Oregon Shortline Railroad, 2414.42 feet to a 5/8" rebnrJcapPLS 546] on the west line of said northeast Yo of the southwest 'I.; Thence North 00036'48" East coincident Willi the west line ofsllid northeast Y. of the southwest Yo a distance of848.58 feet to the POINT OF BEGINNING. The parcel above described contains 46.40 acres, more or less. Basis of bearings is N 00052'05" E between the 518"rebar with no cap marking the southeast corner of Section ]0 and the 3" brass cap marking the east V. eomerofSection 10, Township 3 North, Range] West, Boise Meridian. Together with and subject to covenants, easements, and restrictions of record. David S. Short Jr. P .L.S. End of Description I:\PROJECTS\HEARTLAND\3129.'iISURVBY\LEGALSISUB LEGAL DSS/cp 9/10/03 EXHIBIT B Approved Preliminary Plat ( ", """". ~ '1IKI,tmt ~i.41~ ----wr- ;)J] aJlaJIO i g ~~!! ~! ~ ! ~ ~~I!~~!i~I~;ii~~!~~~ ~i~s~~ii1~i~i~~~.~i~ ~ 1111!~I!!illlllllil! ~ Ill! !!' i I !.".'''''iiillili i ~ os, ~ v;~ CF) <<."" '" . r, ... a; '"' """""" "" ..., ~>[;l"': ~~Q ~ '""-t ;I:...::t: ~ 0 ~ ~Ea ~ co '" ..~' ~ ~ ~6~ I:l.; -.J [;:",8 O'T'\~'" ~v.J..,[:;~;:1; ~oas..~1'J ~......:J ~:;:<"j ~r~~~~~ '::3~""""t., ;::::!j~~[:;o ~~"'::'"~ ~~~~ ~W~~ ~~~,~ l;.)CF)~~ ~-< 5 l!:! OJ f- a '" ..., :E n.. ~l! fxhJ.:>>} b ~~. -P!.lO/-~~~I. ."J1(liff FU :':WWi"'1IE)' .001 - .1 R .~1V~ '" ~".. ~6~1. "ON l'7'OVd '" "" ~."jJ{D.1S'l"'I ~:.ui'1iItMIi'1 ~~aJH':)f!;Jf1 L Vld AHVNfWfl3C1d N01S/AlGflnS a13ld~3.1S3H:J all :J.N3t'/d013llii1Q 1\fINN3.lN3:J 1> I ~~ ~ !2~ ~< ~ 'Ih I i ~ . ,,{~! x.~ i.~ i~)I . ~~~1 ,. . . ~ .'"b"~ ~ ~~l. ~ ~ ~~ a H I~~I ~~ !i~~ ~.~ ~~ h~ ~ ~ ~" ~~! ~ i ~ " I f ~d~~ !~ r~~ · i ~~ ! ~ ~~ ~ 5 ~ II~ II ~~~~ F" ~i i~ . R t ~ "..~.'". r ~ ~.' ~. J'g~ "g f'~l U~ ~~!f.~ i : ~ ~t~~~m ~ ;1; ~ ~ ~~Il ~~ il~1 :1; ~~ ;~.! . ~i.ijl~~iii~iii i !~i i~ ~ n dl~ii; ~;. ~~~~ ~!!I j~ ~U~ ;. mm~~mm ~ m .~ ~. ~ ~ ~~~ 4 !~ ~~~~ ~.u ~F ~2~' ~~ ~e ~~ d i ~ ~.u ~ ~H B~~ ~d III :i~~ ~E ~l .= .... "I":": . ~ .';' III '_ ;:F- - - 'P'. '0 n .....,. 'i,'~~.~ .", ~ .'" -. ~~. t; ~!:d;; i! ~~2'~ i!J l;j.~w ~.!~ ~ ;0: .. ii: j I ~~_~T~:-=~~ r! 0f:!8 ell _I"~ i! Ii! ~ '1&'. .." Ip ~ '01.... ~).. IL_-lILJ..~~ ~ :!l< ~-:n: I :t;t~ I . _=-=~:.r I g~;;; l' ~ ifCflirm-l~ ~~ 1 " .:~ in lrT 1,,, ,l.nF:\ '1'1::\ ' I ~ E:....O:~;~ :. Q t:..::::J.: ~L_____.I't ~ ~ L---T~----J ~ ~ .. " ~i ~l ti j <> S " Ii ~ .! q ~ .. ~~ -I ... 0 2 '" ;t:,,~ ~ I ~; ...~ J"J ~-~ ..~ o~ # ~~ I J 3 ~ ! I ~ ;,. ~ .. Zi ;Z ~ ! ~ .. i ~i igJ -dl . n i I ~~ II H " ~n ~ I!ui ~ lrJ]'~lm~J' : -111 ~ II I ~ I! I ",I J.l~ I !! : JJ) Jil~~ ; i ~ ::: mUIUh J: J i~ :~t.,i: r~i' . €I." ... ~, ~~: ~e:~i i.. ';"0 0..... '-'!i .o:mm =-n II~~ ~ f;1".iilQl1~...w EXHIBIT C Modified Conditions of Approval for Annexation and Zoning A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporal}' or permanent street SIgnS are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide-signage ''No Parking Fire Lane". 9. All portions of the buildings located on this proj ect must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Comm~n driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right- of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west ofthe property to one half of a 36-foot street section with a minimum of24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two l2-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant is proposing to -have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (EI Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 1 IO-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 7. Construct a stub street to the west property line to serve the 53-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus of Kaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design ofthe turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4- feet wide to total a minimum of a IOO-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadow pine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. 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 Distri ct. 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. E. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a sigr1:ed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Modified Conditions of Approval for Preliminary Plat SITE SPECIFIC CONDITIONS / PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and EI Gato Road.). 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. 2. Sanitary sewer service to this site will be via main line extensions to an eXlsttng temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. The final plat for Chesterfield Subdivision will not be signed until the extension of Pine Street to Black Cat Road has been completed. 4. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual. must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing for the side yards of patio lots bordering Kaspell Street and all patio lots bordering common areas shall be 4' in height and made of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on- going condition of approval. 6. Submit a detailed landscaping depicting the playground equipment to be added to the proposed parks and a detailed plan for the proposed storm drain ponds. 7. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 8. Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat 9. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height and depicted in the fencing plan. This shall be an on-going condition of approvaL 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) Side slopes within drainage areas shall not exceed 3:1. 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 groundwater. 11. The City will enter into a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. GENERAL CONDITIONS 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, depicting changes made to the plat since the initial submittal of the project and in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13- 10-8. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are. determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved. by the meridian City Engineer prior to final plat signature. 9. Contact Meridian's Parks Department regarding the existing matures trees on the subject property prior to the City Council hearing. 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 have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic serv~ce per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. 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. B. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quali ty. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. C. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right- of- way. Transition the location ofthe right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI Gato Street (Pine Avenue) to have two I2-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of I5-feet. If the applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 1 IO-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, t1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 8. Construct one alternative turnaround at the terminus of Kaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum ofa 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum of a IOO-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes ofthis will be required on the final plat. 11. Construct a knuckle at the intersection of Meadow pine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot acc~ss to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Coptact 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 of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SignS are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide sign age "No Parking Fire Lane". 9. AIl portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. D. Adopt the Recommendations ofNarnpa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdarn Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Modified Conditions of Approval for Conditional Use Permit A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The following reductions in dimensional standards have been requested by the applicant: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) Modified through Condition #4 City Requirements (R-8) Street side: 20' Proposed Setbacks Modified through Condition #4 Lot Size- City Requirements (R-8) 6,500 sq. ft. (detached) Proposed Lot Sizes 3,100 sq. ft. (detached) Lot Frontage- City Requirements (R -8) 65'minimum Proposed Frontage 35' minimum 4. Front setbacks will be standard and CUP will allow for reduction of side yard setbacks to allow the option for either attached or detached homes. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SIgnS are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately lIO-feet north ofthe south property line, as proposed. Install a sign at the terminus of the stub street stating that, nTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 53-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, tlTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way oftbe two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum ofa tOO-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes oftms will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within CastIebrook Subdivision #] and CastIebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. 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 cost,s 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 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. E. Adopt the Recommendations ofNarnpa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Annexation and Zoning Findings 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; Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential. " The Comprehensive Plan also indicates that the subject property should have a Multi Use pathway running along Ten Mile Creek in the northeast corner of the subject property. Subdivisions developed to the north of the subject property have been approved with the regional pathway located on the east side of Ten Mile Creek. Meridian's Parks Department is supportive of the regional pathway in this location being located on the east side of Ten Mile Creek. The applicant has indicated that they will construct a 5' asphalt multi-use pathway along the west side ofTen Mile Creek. This pathway is an off-site improvement which was offered by the developer. B. Is the area included in the zoning amendment intended to be rezoned in the future; The applicant has not indicated that they intend to rezone the subject property in the future. 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 single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 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; Staff finds that the land to the north of the subject property has been developed as residential subdivisions (Castlebrook Subdivision No.2, a residential subdivision with R-8 zoning, is located directly north of the subject property) similar to the proposed subdivision. Staff finds that the requested zoning designation of R-8 is harmonious with the recently approved subdivisions adjacent to the subject property and it would be appropriate to rezone the property as requested. The Comprehensive Plan designates property to the north as Medium Density Residential, property to the east as Mixed Use Community and properties to the south as High Density Residential and Industrial. 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 use (single family residential) will be harmonious with the existing character of the area. See note D above. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 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; .~ Staff finds that the property to be annexed can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Pine Street will be extended to the subject property as a part of the development of Castlebrook Subdivision. Please review agency comments regarding the subject property. 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; Staff finds that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed planned development is in close proximity to the subject property and the subject property will be accessible off of an existing road network. The extension of Pine Street to Black Cat Road will be required as a Condition of Approval for the proposed Chesterfield Subdivision. 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 the fact that traffic and noise will increase upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare ofthe city. See page 12, Item H. 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; Staff finds that the subdivision's vehicular approaches will cause some degree of interference on the surrounding public streets. Please review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of great importance. The site does contain a number of mature trees. The applicant should contact Meridian's Parks Department regarding these existing trees. 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 services are available to the site and that the proposed subdivision complies with Meridian's Comprehensive Plan and that the annexation of this property in the best interest of the City. EXHIBIT G Preliminary Plat Findings a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Comprehensive Plan designates the property as Medium Density Residential and the applicant's request for R-8 zoning is consistent with the Medium Density Residential Comprehensive Plan designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. See Annexation and Zoning Comments G and H. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds, the applicant will extend urban services to the subject property from existing main lines, and the extension of Pine Street will be constructed as a part of the Castlebrook No. 2 Subdivision. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services; the applicant will pay for the construction of extending services to the subject property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the proposed development will not present any health, safety or environmental problems that would need to be brought to the' Councilor Commission's attention. EXHIBIT H Conditional Use Permit Findings 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; Staff finds that the subject property is large enough to accommodate the proposed subdivision and all required subdivision features including amenities required by the Planned Development application if requested reductions are approved. Following are the proposed reductions: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) See CUP Conditions for modification City Requirements (R-8) Street side: 20' Proposed Setbacks See CUP Conditions for modification Lot Size- City Requirements (R-8) 6,500 sq. ft. (detached) Proposed Lot Sizes 3,100 sq. ft. (detached) Lot Frontage- City Requirements (R-8) 65 'minimum Proposed Frontage 35' minimum 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 current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential." Staff finds that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, reduced setbacks, and to exceed the maximum allowed block length of 1000'. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 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; Staff finds that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. The proposed development is located immediately south of Castlebrook Subdivision No.2, another residential subdivision with R -8 zoning and the Comprehensive Plan designates property to the north and west as Medium Density Residential, to the east as Mixed Use Community, and property immediately to the south as High Density Residential and IndustriaL D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. 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; Stafffinds that the proposed development will be adequately served by the essential public facilities and services listed above. See Annexation and Zoning Comments G and H. 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; Staff finds that the proposed use will not be detrimental to the economic welfare of the community; the applicant will be responsible for the costs of extending existing sewer and water mains to the subject property and Pine Street will be extended as a part of the Castlebrook development. 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; Staff finds that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval ofthe subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered . detrimental to the welfare of the City and the subdivision's neighbors. 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; Based on the ACHD staff report, staff finds that the proposed vehicular approaches are sufficient such that the development will not create significant interference with any traffic on the surrounding public streets. ACHD has not indicated that there are any significant traffic issues facing the proposed project. Please review the ACHD report for this project for additional information regarding this finding. 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 finds 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. The applicant will be required to work with the Parks Department on a mitigation plan for existing trees. October 8, 2004 MERIDIAN CITY COUNCIL MEETING PP 03-046 October 12, 2004 APPLICANT Centennial Development, LLc ITEM NO. 5-K REQUEST Findings for Approval - Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PD) zone for proposed Chesterfield Subdivision - east of South Black Cat Road and north of West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Ai ~~i Date: ~ Phone: Emailed:shv.Wf\@..la.f)J... ~O{\~c.d ta. A{S, {l'~'+ Staff Initials: JJt<.. Materials presented at public meeUngs shall become property of the City of Meridian. See attached Findings ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER In the Matter of Chesterfield Subdivision Case No(s). AZ-03-037 /CUP-03-070 /PP-03-046 For the City Council Hearing Date of: September 21, 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 967- 6509. The matter was duly considered by the City Council at the September 21, 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.03-037 / CUP --03-070 / PP-03-046- PAGE lof5 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 verified that the property owner(s) of record at the time of issuance of these findings is Centennial Development, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F/G/H for the findings required for each type of 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. 967- 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 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 ifthe 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, Preliminary Plat dated 6/21/04 as shown in Exhibit B and the Conditions of Approval in Exhibit C/D/E. 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: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 6/21/04 is hereby conditionally approved; and CITY OF MERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.03-037 / CUP --03-070/ PP.03-046- PAGE 2 of 5 2. The following modifications to site specific conditions were made at the City Council hearing: a. Condition added to Preliminary Plat that City enter a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. b. Condition added to CUP to make front setbacks standard and allow a reduction of setbacks within the side yard setback to allow the option of attached or detached homes. 3. The site specific and standard conditions of approval are as shown in Exhibit C. 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 permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC ll-17-4.B.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 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 NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- 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 Judicial 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 9 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 Exhibit B: Approved Preliminary Plat Exhibit C: Modified Conditions of Approval for Annexation and Zoning Exhibit D: Modified Conditions of Approval for Preliminary Plat Exhibit E: Modified Conditions of Approval for Conditional use Permit Exhibit F: Annexation and Zoning Findings Exhibit G: Preliminary Plat Findings Exhibit H: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the (9r.;.kb-- ,2004. (" -1'6- V day of COUNCILMAN SHAUN WARDLE VOTED ~ ReUNGIL1-ff,J'l BILL Nf.RY "OTgD COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 I CUP --03-070 I PP-03-046- PAGE 4 of 5 Attest and City Attorney. By: jrLlDi , ~[WJYL City Clerk's Office Dated: lO.~S -04 CITY OF MERIDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-03-037/ CUP --03-070 / PP-03-046- PAGE 5 of5 EXHIBIT A Legal Description PARCEL DESCRIPTION September 10, 2003 LEE PROPERTY TOTAL BOUNDARY C chulfdielL Svt) Project: A parcel of land being a portion ofthe northeast V. ofthe southwest V. and a portion ofthe northwest v.. ofthe southeast V. afSection 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a 3" brass cap marking the northwest comer of the southwest V. of said Section 10; Thence South 89.J 0'36" East coincident with the north line of the northwest V. of the southwest V. a distance of 1318.88 feet to a 5/8" rebar and no cap marking the northwest comer of said northeast V. afthe southwest V. and the POINT OF BEGINNING; Thence South 89.1 J' I 0" East coincident with the north line of said northeast V. nf the southwest'!. a distance ofl317.15 feet to a 3" brass cap marking the northwest comer of said northwest V. of the southeast v.; Thence South 89.J 1'07" East coincident with the north line of said northwest V. ofthe southeast Y. a distance of853.69 feet to a 518" rebar/cap PLS 5461 on the west right-of-way line ofthe Ten Mile Drain; Thence South 17.00'28" East coincident with said west right-of-way line of the Ten Mile Drain, 198.28 feet to a 5/8" rebar/cap PLS 5461; Thence South 22'19'37" East coincident with said west right-of-way line ofthe Ten Mile Drain, 83.44 feet to a 5/8" rebar/cap P LS 546 J ; Thence South 18'56'22" East coincident with said west right-of-way line of the Ten Mile Drain, 94.89 feet to a 5/8" rebar/cap PLS 5461; Thence South 24"58' 19" East coincident with said west right-of-way line of the Ten Mile Drain, 125.16 feet to a 5/8" rebar/cap PLS 5461; Thence South 38:.55'23" East coincident with said west right-of-way line of the Ten Mile Drain, 100.02 feet to a 5/8" rebarlcap P LS 5461; Thence South 39.18'43" East coincident with said west right-of-way line of the Ten Mile Drain, 89.05 feet to a 5/8" rebar/c~p PLS 5461; Thence South 45"01 '45" East coincident with said west right-of-way line of the Ten MHe Drain, 1.76 feet to a 518" rebar/cap PLS 5461; Thence leaving said west right-of-way line ofthe Ten Mile Drain, North 88"27'07" West, 16.07 feet to a 5/8" rebar/cap PLS 5461; Thence Soulh 00'50'53" Wesl, 267.00 feet to a 5/8" rebar/cap PLS 5461 on the north right-of-way line of the Oregon Shortline Railroad; Thence North 88"26'25" West coincident with said north right-of-way line of the Oregon Shortline Railroad, 2454.42 feel tQ a 5/8" rebar/cap PLS 5461 on the weslline of said northeast V. of Ihe southwest V.; Thence North 00"36'48" East cQincident with the west line of said northeast V. ofthe southwest Y. a distance of848.58 feet to the POINT OF BEGINNING. The parcel above described contains 46.40 acres, more or less. Basis of bearings is N 00'52'05" E between the 5/8"rebar with no cap marking the southeast comer of Section 10 and the 3" brass cap marking the east V. corner of Section 1 0, Township J North, Range 1 West, Boise Meridian. Together with and subject to covenants, easements, and restrictions ofrecQrd. David S. Short Jr. P.L.S. End of Description Lice se No. 5461 1:\PROJEcrSIHEARTLANDI3129SISUR VEY\LeGALSISUa LEGAL DSSlcp 9/10103 EXHmIT B Approved Preliminary Plat exhJ~,'~ g -.-...............-.- ~ - "'W_~ ...,. -~ ~ 8" ~ W,iJJ :i'..m 1jlp,(t-1l&W~.l~"=. T" ~ .;]JJIJ.,w)"I ~ ~.u:n 'W ~:.JJ1~ ~ .;:a-HIM'Q ~WlwY:1;l(::J- ~.;.I.B~ .6l'lf .0171 - .1 UN J.::)3I"O&1 -8 ~ Vld ACJVNIWI13CJd NOISlllra8nS a131~~3.LS3H:;l :J11 'lNiill'ldOBtaa "MNNillNii/:J i ~ ~fl~ H ~ ~ ~ S~liE Illlllli~~ ~~~ ~i~s~!lli!i~Sil~~aii 11I11111111I1111I111 c III I! I! I I ~ <3; <<0* I I" ~ RI"'"j j i : I! ", ~ !: I,'! " I ! 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"! ~ . ..~ i ., ;t., ~ I! ~ l ...~ ~II.I~ 01(1--:' o~ -0 3 . :'ii: l i , ~ ;, ~ .. " ~ ! ~ .. I ~i ~ 1J) f- a a a: ;lj' ~....,r :i~i:.! _.0~ r, 0'<;, \ -~-fi -~"J ~ ;":~J ,': i! ! Ii )'.'1 !i a ;;. B ~!iu. ~ ~ rJ llrl) !>J g; ~~ailuh ! ~J ~ " Ii,:l "",.-{; ~il ~~/l~'-.u,J-d-w.~/7.ilOO:':-.JJO EXHIBIT C Modified Conditions of Approval for Annexation and Zoning A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SIgnS are required before combustible construction begins. 5. Building setbacks ~hall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient, response by fire and emergency medical service vehicles. This cost of this installation is to be bome by the developer 8. Paint the curb red and provide 'signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Comm~n driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of SO-feet of right- of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum cif24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet ofnght-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant is proposing to-have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east of the west property line. 5. Construct N otel Creek Avenue to intersect Pine Street (El Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately IIO-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 53-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE It . 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum ofa 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadow pine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. 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 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. E. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a sigried License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Modified Conditions of Approval for Preliminary Plat SITE SPECIFIC CONDITIONS I PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and EI Gato Road.). 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. 2. Sanitary sewer service to this site will be via main line extensions to an existing temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main siziIlg and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the :8.nal plat map by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. The final plat for Chesterfield Subdivision will not be signed until the extension of Pine Street to Black Cat Road has been completed. 4. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual. must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface' or well source is not available, a single~point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing for the side yards of patio lots bordering Kaspell Street and all patio lots bordering common areas shall be 4' in height and made of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on- going condition of approval. 6. Submit a detailed landscaping depicting the playground equipment to be added to the proposed parks and a detailed plan for the proposed storm drain ponds. 7. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 8. Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat 9. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height and depicted in the fencing plan. This shall be an on-going condition of approval. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. 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. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) Side slopes within drainage areas shall not exceed 3:1. The project engineer sh~uld 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 groundwater. 11. The City will enter into a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. GENERAL CONDITIONS 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, depicting changes made to the plat since the initial submittal of the project and in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13- 10-8. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public .Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved' by the meridian City Engineer prior to final plat signature. 9. Contact Meridian's Parks Department regarding the existing matures trees on the subject property prior to the City Council hearing. 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 have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic ser0ce per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. 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. B. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right- of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two I2-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of I5-feet. If the applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 110-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREII. 8. Construct one alternative turnaround at the terminus of Kaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot acc~ss to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approva1. 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. CO!ltact 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 of the applicant to verifY all existing utilities within the right-:-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (l-800~342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387~6I90 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1iz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SIgns are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane';. 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. D. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and ~y encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Modified Conditions of Approval for Conditional Use Permit A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The following reductions in dimensional standards have been requested by the applicant: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) Modified through Condition #4 City Requirements (R-8) Street side: 20' Proposed Setbacks Modified through Condition #4 Lot Size- City Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq. ft. (detached) Lot Frontage- City Requirements (R-8) 65 'minimum Proposed Frontage 35' minimum 4. Front setbacks will be standard and CUP will allow for reduction of side yard setbacks to allow the option for either attached or detached homes. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Internattona1 Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage .'No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. D. Adopt the reconnnendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right- of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe E1 Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and S- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. lfthe applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back ofthe parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east of the west property line. 5. Construct Note1 Creek Avenue to intersect Pine Street (El Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 11 O-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, tlTHlS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus of Kaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum ofa IOO-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. 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 cost.s 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 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. E. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must r~view drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Annexation and Zoning Findings 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; Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential. " The Comprehensive Plan also indicates that the subject property should have a Multi Use pathway running along Ten Mile Creek in the northeast corner of the subject property. Subdivisions developed to the north of the subject property have been approved with the regional pathway located on the east side of Ten Mile Creek. Meridian's Parks Department is supportive of the regional pathway in this location being located on the east side of Ten Mile Creek. The applicant has indicated that they will construct a 5' asphalt multi-use pathway along the west side ofTen Mile Creek. This pathway is an off-site improvement which was offered by the developer. B. Is the area included in the zoning amendment intended to be rezoned in the future; The applicant has not indicated that they intend to rezone the subject property in the future. 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 single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 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; Staff finds that the land to the north of the subject property has been developed as residential subdivisions (Castlebrook Subdivision No.2, a residential subdivision with R-8 zoning, is located directly north of the subject property) similar to the proposed subdivision. Staff finds that the requested zoning designation of R-8 is harmonious with the recently approved subdivisions adjacent to the subject property and it would be appropriate to rezone the property as requested. The Comprehensive Plan designates property to the north as Medium Density Residential, property to the east as Mixed Use Community and properties to the south as High Density Residential and Industrial. 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 use (single family residential) will be harmonious with the existing character of the area. See note D above. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 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; ~ Staff finds that the property to be annexed can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Pine Street will be extended to the subject property as a part of the development of Castlebrook Subdivision. Please review agency comments regarding the subject property. 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; Staff finds that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed planned development is in close proximity to the subject property and the subject property will be accessible off of an existing road network. The extension of Pine Street to Black Cat Road will be required as a Condition of Approval for the proposed Chesterfield Subdivision. 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 the fact that traffic and noise will increase upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. See page 12, Item H. 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; Staff finds that the subdivision's vehicular approaches will cause some degree of interference on the surrounding public streets. Please review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of great importance. The site does contain a number of mature trees. The applicant should contact Meridian's Parks Department regarding these existing trees. 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 services are available to the site and that the proposed subdivision complies with Meridian's Comprehensive Plan and that the annexation of this property in the best interest of the City. EXHIBIT G Preliminary Plat Findings a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Comprehensive Plan designates the property as Medium Density Residential and the applicant's request for R-8 zoning is consistent with the Medium Density Residential Comprehensive Plan designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. See Annexation and Zoning Comments G and H. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds, the applicant will extend urban services to the subject property from existing main lines, and the extension of Pine Street will be constructed as a part of the Castlebrook No. 2 Subdivision. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services; the applicant will pay for the construction of extending services to the subject property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the proposed development will not present any health, safety or environmental problems that would need to be brought to the' Councilor Commission's attention. EXHffiIT H Conditional Use Permit Findings A. That the site is large enough to accommodate the proposed use and all yards, open spaces1 parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the proposed subdivision and all required subdivision features including amenities required by the Planned Development application if requested reductions are approved. Following are the proposed reductions: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) See CUP Conditions for modification City Requirements (R-8) Street side: 20' Proposed Setbacks See CUP Conditions for modification Lot Size- City Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq.ft. (detached) Lot Frontage- City Requirements (R-8) 65'minimum Proposed Frontage 35' minimum 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 current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential." Staff finds that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, reduced setbacks, and to exceed the maximum allowed block length of 1000'. Ifthe project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 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; Stafffinds that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. The proposed development is located immediately south of Castlebrook Subdivision No.2, another residential subdivision with R-8 zoning and the Comprehensive Plan designates property to the north and west as Medium Density Residential, to the east as Mixed Use Community, and property immediately to the south as High Density Residential and Industrial. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and flre 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; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. See Annexation and Zoning Comments G and H. 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; Staff finds that the proposed use will not be detrimental to the economic welfare of the community; the applicant will be responsible for the costs of extending existing sewer and water mains to the subject property and Pine Street will be extended as a part of the Castlebrook development. 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; Staff finds that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors- or other disturbances that will be considered - detrimental to the welfare of the City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with trafflc on surrounding public streets; Based on the ACHD staff report, staff finds that the proposed vehicular approaches are sufficient such that the development will not create significant interference with any traffic on the surrounding public streets. ACHD has not indicated that there are any significant traffic issues facing the proposed project. Please review the ACHD report for this project for additional information regarding this finding. 1. 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 finds 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. The applicant will be required to work with the Parks Department on a mitigation plan for existing trees. October 8, 2004 MERIDIAN CITY COUNCIL MEETING CUP 03-070 October 12, 2004 APPLICANT Centennial Development, LLc ITEM NO. 5-l REQUEST Findings for Approval- Request for Conditional Use Permit for a Planned Development for residential subdivision in a proposed R-8 (PD) zone for proposed Chesterfield Subdivision - east of South Black Cat Road and north of West Franklin Road 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: ~AJkM Date: 16/II/MI Emailed: S~Qwn G:J. lCL~~Q:dflSlztfl\f\-{.s i /1e.,.? Staff Initials: See attached Findings ~ Phone: ;Jf.. Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Chesterfield Subdivision Case No(s). AZ-03-037 /CUP-03-070 /PP-03-046 For the City Council Hearing Date of: September 21, 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 967- 6509. The matter was duly considered by the City Council at the September 21,2004, 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 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FlNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- PAGE 1 of 5 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 verified that the property owner(s) of record at the time of issuance of these findings is Centennial Development, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F/GIR for the findings required for each type of 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 (tC. 967- 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 S 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, Preliminary Plat dated 6/21/04 as shown in Exhibit B and the Conditions of Approval in Exhibit CIDIE. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 6/21/04 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037/ CUP -.03-070/ PP-03-046- PAGE 2 of5 2. The following modifications to site specific conditions were made at the City Council hearing: a. Condition added to Preliminary Plat that City enter a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. b. Condition added to CUP to make front setbacks standard and allow a reduction of setbacks within the side yard setback to allow the option of attached or detached homes. 3. The site specific and standard conditions of approval are as shown in Exhibit C. 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 permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17-4.8.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 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 NOeS). AZ-03-037 / CUP --03-070/ PP-03-046- 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 Judicial 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 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Legal Description Approved Preliminary Plat Modified Conditions of Approval for Annexation and Zoning Modified Conditions of Approval for Preliminary Plat Modified Conditions of Approval for Conditional use Permit Annexation and Zoning Findings Preliminary Plat Findings Conditional Use Permit Findings By action of the City Council at its regular meeting held on the /2 -r~ day of t?~..6v- ,2004. COUNCILMAN SHAUN WARDLE VOTED ~ ..et1UNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ - MAYORTAMMYdeWEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037/ CUP --03-070 / PP-03-046- PAGE 4 of 5 SEAL 'Y &.:: ~t.-Q ,Q5 0 ::: \"Y() 0;} lS-'\ ' $' ! .." ::.t ""''' ,'" ,,~ .f C ,\v,' Copy served upon Applicant, The Planr:i~g~~~i~g\t'~partrnent, Public Works Department Attest: and City Attorney. By: J'lA OL4.J" q I nu City Clerk's Office Dated: \ 0 -d.S ~o 1 CITY OF MERIDIAN FINDtNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 / CUP --03-070 I PP-03-046- PAGE 5 of 5 EXHmIT A Legal Description Project; September 10, 2003 LEE PROPERTY TOTAL BOUNDARY (Chuffr fl elLS 1/6) PARCEL DESCRIPTION A parcel ofland being a portion ofthe northeast V. of the southwest V. and a portion ofthe northwest V. of the southeast V. of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a 3" brass cap marking the northwest comer of the southwest Y. of said Section 10; Thence South 89'10'36" East coincident with the north line of the northwest V. oithe southwest V. a distance of 13] 8.88 feet to a 5/B" rebar and no cap marking the northwest comer of said northeast V. ofthe south west V. and the POINT OF BEGINNING; Thence South 89' 11 '10" East coincident with the north line of said northeast V. of the southwest V. a distance of 1317.15 feetto a 3" brass cap marking the northwest carner of said northwest Y. of the southeast V.; Thence South 89'11'07" East coincident with the north line of said northwest Y. of the southeast 'I. a distance of 853.69 feet to a 5/8" rebar/cap PLS 5461 on the west right-of-way line ofthe Ten Mile Drain; Thence South 17"00'28" East coincident with said west right-of-way line of the Ten Mile Drain, 198.28 feet to a 5/8" rebar/cap PLS 5461; Thence South 22"J9'37" Eastcoincidcnt with said west right-of-way line ofthe Ten Mile Drain, 83.44 feet to a 5/8" rcbar/cap PLS 5461; Thence South 18.56'22" East coincident with said west right-of-way line ofthe Ten Mile Drain, 94.89 feet to a 5/8" rebar/cap PLS 546] ; Thence South 24'58' 19" East coincident with said west right-of-way line of the Ten Mile Drain, 125.16 feet to a 5/8" rebar/cap PLS 5461; Thence South 38"55'23" East coincident with said west right-of-way line ofthe Ten Mile Drain, 100.02 feet to a 5/8" rebar/cap PLS 546]; Thence South 39"18'43" East coincident with said west right-of-way line of the Ten Mile Drain, 89.05 feet to a 5/8" rebar/c~p PLS 5461; Thellce South 45'01 '45" East coincident with said west right-of-way line of the Ten Mile Drain, ] .76 feet to a 5/8" rebar/cap PLS 546!; Thence leaving said west right-of-way line of the Ten Mile Drain, North &8"27'07" West, 16.07 feet to a 5/8" rebar/cap PLS 5461; Thence South 00.50'53" West, 267.00 feet to a 5/8" rebar/cap PLS 5461 on the north right-of-way line of the Oregon Shortline Railroad; Thence North 88"26'25" West coincident with said north right-of-way line of the Oregon Shortline Railroad, 24.54.42 feet to a 5/8" rebar/cap PLS 546] on the west line of said northeast v.. of the southwest V.; Thence North 00'36'48" East coincident with the west line of said northeast v.. ofthe southwest Y. a distance of848.58 feet to the POINT OF BEGINNING. The parcel above described contains 46.40 acres, more or less. Basis of bearings is N 00052'05" E between the 5/8"rebar with no cap marking the southeast corner of Section 10 and the 3" brass cap marking the east V. corner of Section 10, Township 3 North, Range 1 West, Boise Meridian. Together with and subject to covenants, easements, and restrictions of record. David S. Sh rt Jr P .L.S. End of Description icense No. 546] 1:\PROJECTS\HEARTLANDIJ 129~\SUR VEY\LEGALS\SUB LEGAL DSS/cp 9/10103 I EXHIBIT B Approved Preliminary Plat exlr-.~ ~1'4 g -'-"""-'-'- ~ - """= ;; - 0 ~ ~ :Jl'rrJ ~~J'IpJI,v. T"" ~ ::i.I...,.~ ~ ~lJQ]'J.W1 ~ ~lX"r~ -m-lJI1~ ~ :.:aMn-l;la t'ffl1 W1~ --aon- i./Ji~ i I p~~ n ~ ~ r 1~11~~i~~~lilli~!:~N g~~~!b~~~~s~s~~~.~l! II111I1111111II11111 ~ III! i I! i I ~ .. "'''.'iii II i I! I ~ a:!- . loo...., ~::;j r T\ r.. '" "'.I. "" - Ul-....;.z.~ ~~<;>": ~~o ~;::::: i:::..:::; ~ ~ ~:;::El ~ p:j .. ~i::- )Jjl--...:EG~ ~ ~ ~Bl8 ~CI).."t>;~<!; ~Q 2'>~~ ~. .., B::;-~ ~~~-':l>i r~., ~~S,j '::3 J-.l...l ...,....r.. ~~~~'" ~ k. ~~6 !'I::l~;:'j~ ~W~fi:J ~r-;~"" UCl)~~ ~.." ~ i.; ri ~ ~ l- t) lJ.J a g: .Iii III .GO! ~ .J B :37'r:JS . -= ~~ .61:1{' "ON1:XrO&:l .LVld }'J1VNfWn3~d NOIS!l\/mms 013W:l31S3H::l ::l11 'J.N3t'1dOI3/GG 'MNN3.l.N3::l i.1 ~ t{I~;~ ~~! I~i ! ;~n ~! ~h ~ ~ I~~I .~ ~i5~ ;!~ ~I ~~~ i . ~ ~ ~ !~ ~ H .~I ~h9~a i~ s~ 2~$ ~ · -;~ fi! ;~ ~ ~ ~ i! ~ !I !~III~ :1 !!~:. Jt~!~~!~L ~ _:~ .;: ~ ~ ;Il~ !~ ill1j ~~I .~ ~f! ! nm~nnm i Hi D i. ~ I dl;t Ii Iri! i~b l~ iti!~ LimUi~mm !.m ~~ Ii i i mil !g i~{~ Idi d !iei ~g g~ " .. l:! = _ <Y'II~'ii '" ~~" ~ ~12~~ !~~!! ~ "" ~ 1:: ;'j} 'J : -',. . .i ,j# t L t ': t J I ~~':::T'"-:~-~~ll r! 0Hie oil _I"~ Ii iii ~ iO!~'~ _, ij III 1n ~l ~)- rL---.J fLJ..=!fl~;!; :::& :< , ___ _J1: J l!J ~ ~ ---i-::.r, " :> " 11 ~ Jir-q~----~~~ ~~ ; It) .jtn ., f:! ;f ~ J . h-G:1l0 II L... -"IIJI Jf 'i::l J 1.___..J.i J"'~--~J L---T~---- ~ ;, ~! II I '" ~ " ~ .!~ ~ '" . :>li i -! 1.iI iltf~ ~ I ~; ...~ ~IU~ <~ 0" -Ol " . :5i I !h ... ;. " '" S: ~ II ~ ., I ~i l ! Ii 61 H ~ ~ilH i ' ] 11l"j : 1'1 >- i I ~II ~ ~ I J g: Hdilnh l ijJ ~ ~.:.wnfl~-~~t~~ EXHIBIT C Modified Conditions of Approval for Annexation and Zoning A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. 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. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1)000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the lntem~tional Building Code for one and two story construction. 6. The proposed 214-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient. response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide.signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Comm~)ll driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Reconnnendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalk within a total of 50-feet of right-of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two l2-foot travel lanes and two 6-foot bike lanes. 2_ Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. lfthe applicant is proposing to 'have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (EI Oato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately I IO-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate truning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design ofthe turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4- feet wide to total a minimum of a I OO~square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Cast1ebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation 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 oftms 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 subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a sigried License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District_ ( EXHIBIT D Modified Conditions of Approval for Preliminary Plat SITE SPECIFIC CONDITIONS / PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and EI Gato Road.). 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. 2. Sanitary sewer service to this site will be via main line extensions to an existing temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against tbis development. Payment of the trunk development fees and latecomer fees are required prior to signature on the Hnal plat map by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. The final plat for Chesterfield Subdivision will not be signed until the extension of Pine Street to Black Cat Road has been completed. 4. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual, must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing for the side yards of patio lots bordering Kaspell Street and all patio lots bordering common areas shall be 4' in height and made of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on- going condition of approval. 6. Submit a detailed landscaping depicting the playground equipment to be added to the proposed parks and a detailed plan for the proposed storm drain ponds_ 7. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 8. Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat 9. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height and depicted in the fencing plan. This shall be an on-going condition of approval. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 11. The City will enter into a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. GENERAL CONDITIONS 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, depicting changes made to the plat since the initial submittal of the project and in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13- 10-8. 7. IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are. determined after power designs are completed by Idaho Power Company~ The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate inigationldrainage district, or lateral users associ/:!-tion (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. 9. Contact Meridian's Parks Department regarding the existing matures trees on the subject property prior to the City Council hearing. 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 have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. (".- , \ 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. 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. B. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalk within a total of 50-feet of right-of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west ofthe property to one half of a 36-foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI Gato Street (Pine Avenue) to have two 12-foot travellanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. lfthe applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (EI Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately IIO-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the srub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot acc~ss to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation 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. COfltact 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 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SignS are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development oHhis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane';. 9. All portions of the buildings located on this project must be within 150' of a paved suITace as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving suIT ace which is 20' wide. D. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and ~y encroachment without a signed License Agreement and approved pla~ before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation .District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHlliIT E Modified Conditions of Approval for Conditional Use Pennit A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The following reductions in dimensional standards have been requested by the applicant: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) Modified through Condition #4 City Requirements (R-8) Street side: 20' Proposed Setbacks Modified through Condition #4 Lot Size- City Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq. ft. (detached) Lot Frontage- City Requirements (R-8) 65 'minimum Proposed Frontage 35' minimum 4. Front setbacks will be standard and CUP will allow for reduction of side yard setbacks to allow the option for either attached or detached homes. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street SIgns are required before combustible construction begins. 5. Building setbacks shall be per the Internattonal Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 1 O. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality . 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surlace water degradation. ( D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-focit concrete sidewalk within a total of 50-feet of right- of- way. Transition the location of the right-of-way to taper from a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum ofback.-of-curb radius of 15-feet. If the applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east ofllie west property line. 5. Construct Notel Creek Avenue to intersect Pine Street (EI Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 110-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islands/medians within the public right-of-way ofthe two main entrances to the subdivision, as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum ofa 100-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. 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 cost.s 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 t:egistered 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 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. E. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. . 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must r~view drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHffiIT F Annexation and Zoning Findings 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; Staff finds that the requested zoning designation, R -8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium. Density Residential. " The Comprehensive Plan also indicates that the subject property should have a Multi Use pathway running along Ten Mile Creek in the northeast comer of the subject property. Subdivisions developed to the north of the subject property have been approved with the regional pathway located on the east side of Ten Mile Creek. Meridian's Parks Department is supportive of the regional pathway in this location being located on the east side of Ten Mile Creek. The applicant has indicated that they will construct a 5' asphalt multi-use pathway along the west side ofTen Mile Creek. This pathway is an off-site improvement which was offered by the developer. B. Is the area included in the zoning amendment intended to be rezoned in the future; The applicant has not indicated that they intend to rezone the subject property in the future. 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 single family residential subdivision would be allowed within the requested R -8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 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 plaimed or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the north of the subject property has been developed as residential subdivisions (Castlebrook Subdivision No.2, a residential subdivision with R-8 zoning, is located directly north of the subject property) similar to the proposed subdivision. Staff finds that the requested zoning designation of R-8 is harmonious with the recently approved subdivisions adjacent to the subject property and it would be appropriate to rezone the property as requested. The Comprehensive Plan designates property to the north as Medium Density Residential, property to the east as Mixed Use Community and properties to the south as High Density Residential and Industrial. 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 use (single family residential) will be harmonious with the existing character of the area. See note D above. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 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; - Staff finds that the property to be annexed can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Pine Street will be extended to the subject property as a part of the development of Castlebrook Subdivision. Please review agency comments regarding the subject property. 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; Staff finds that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed planned development is in close proximity to the subject property and the subject property will be accessible off of an existing road network. The extension of Pine Street to Black Cat Road will be required as a Condition of Approval for the proposed Chesterfield Subdivision. 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 the fact that traffic and noise will increase upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. See page 12, Item H. 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; Staff finds that the subdivision's vehicular approaches will cause some degree of interference on the surrounding public streets. Please review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of great importance. The site does contain a number of mature trees. The applicant should contact Meridian's Parks Department regarding these existing trees. 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 services are available to the site and that the proposed subdivision complies with Meridian's Comprehensive Plan and that the annexation of this property in the best interest ofthe City. EXHIBIT G Preliminary Plat Findings a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Comprehensive Plan designates the property as Medium Density Residential and the applicant's request for R-8 zoning is consistent with the Medium Density Residential Comprehensive Plan designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. See Annexation and Zoning Comments G and H. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds, the applicant will extend urban services to the subject property from existing main lines, and the extension of Pine Street will be constructed as a part of the Castlebrook No. 2 Subdivision. d. The public fmancial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services; the applicant will pay for the construction of extending services to the subject property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the proposed development will not present any health, safety or environmental problems that would need to be brought to the. Councilor Commission's attention. EXHffiIT H Conditional Use Permit Findings 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; Staff finds that the subject property is large enough to accommodate the proposed subdivision and all required subdivision features including amenities required by the Planned Development application if requested reductions are approved. Following are the proposed reductions: Setbacks- City Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) See CUP Conditions for modification City Requirements (R-8) Street side: 20' Proposed Setbacks See CUP Conditions for modification Lot Size- City Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq.ft. (detached) Lot Frontage- City Requirements (R -8) 65'minimum Proposed Frontage 35' minimum 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 current Comprehensive Plan Land Use Map designates the property as "Medium Density Residentia1." Staff finds that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, reduced setbacks, and to exceed the maximum allowed block length of 1 000'. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 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; Staff finds that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. The proposed development is located immediately south of Castlebrook Subdivision No.2, another residential subdivision with R-8 zoning and the Comprehensive Plan designates property to the north and west as Medium Density Residential, to the east as Mixed Use Community, and property immediately to the south as High Density Residential and Industrial. D. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. 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; Stafffinds that the proposed development will be adequately served by the essential public facilities and services listed above, See Annexation and Zoning Comments G and H. 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; Staff finds that the proposed use will not be detrimental to the economic welfare of the community; the applicant will be responsible for the costs of extending existing sewer and water mains to the subject property and Pine Street will be extended as a part ofthe Castlebrook development G. That the proposed ilse 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; Staff finds that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors. or other disturbances that will be considered . detrimental to the welfare of the City and the subdivision's neighbors. 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; Based on the ACHD staff report, staff finds that the proposed vehicular approaches are sufficient such that the development will not create significant interference with any traffic on the surrounding public streets. ACHD has not indicated that there are any significant traffic issues facing the proposed project. Please review the ACHD report for this project for additional information regarding this finding. 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 finds 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. The applicant will be required to work with the Parks Department on a mitigation plan for existing trees. October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT CMD, Inc. MI 04-005 October 12, 2004 ITEM NO. 5-M REQUEST Findings for Denial- Request to allow direct lot access to North Under Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision - south of West McMillan Road and east of North Under Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: See attached Findings ~ 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 0 DECISION & ORDER In the matter of the request to allow direct access to Linder Ro Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. Case No. MI-04-00S For the City Council Hearing Date of: August 24, 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 967- 6509. The matter was duly considered by the City Council at the August 24, 2004, public hearing. The applicant, affected property owners, and govennnent subdivisions providing services within the planning jurisdiction ofthe 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 ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. 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 967-6509, 6512, and Meridian City Code 92 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 staffreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings is CMD, Inc. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). MI-04-005 - PAGE 1 of3 B. 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: 1. The Miscellaneous Application requesting direct access for Lot 2, Block 2 of Cobblefield Crossing Subdivision to Linder Road is hereby denied: Meridian City Council recommended denial ofMI-04-005 at their August 24, 2004 public hearing. City Council recommended denial ofMI-04-005 citing that it is the Council's preference to not have access onto Linder Road for Lot 2, Block 2 of Cobblefield Subdivision. Council stated that no evidence had been provided to change their decision on the request. The staff report for MI-04-005 date June 28,2004 also recommended denial of the request for access to Linder Road for Cobblefield Subdivision citing safety concerns and concerns regarding the location of the driveway in a common lot owned by the homeowner's association. C. 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 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MI-04-005 - PAGE 2 of 3 By action of the City Council at its regular meeting held on the j:Jch~ ,2004. /:24 dayof COUNCILMAN SHAUN WARDLE VOTED ~ COIDrCIL~A:AN Ell.} N A RV 'lOTED COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ - MAYOR TAl\.1MY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By:~(U.OL 1\M iJV'-1 City Clerk's Office Dated: 10-25-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MI-04-005 - PAGE 3 on October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT FOLIO, Inc. PP 04-021 October 12, 2004 ITEM NO. 5-N REQUEST Findings for Denial - Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision - 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: Contacted: ~ ~~ Date: {b(Ii IO'-{ Phone: Emailed:.cf.Jt ^ ~o J rom Staff Initials: Af? Materials presented at public meeffngs shalf become property of the City of Meridian. See attached Findings ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A DECISION & ORDER In the Matter of a Request for Preliminary Plat Approval of 30 Multi-Family Lots, 7 Commercial Lots and 6 Common/Other Lots on 10.05 Acres, and Detailed Conditional Use Permit Approval of 120 Multi-Family Units and Conceptual Approval of 7 Commercial Pad Sites in the C-G Zone for Sadie Creek Subdivision, by FOLIO, Inc. Case No(s). PP-04-021, CUP-04-023 For the City Council Hearing Dates of: September 7, 2004 and September 21,2004. A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning & Zoning 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 S67-6509. The matter was duly considered by the Planning and Zoning Commission at the August 5,2004 public hearing. The applicant, affected property owners, and government subdivisions providing services wlthin the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. The matter was duly considered by the City Council at the September 7, 2004, and September 21,2004 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. c. Written and oral testimony was recei ved on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). d. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for denial ofthe Conditional Use Permit to the City Council, and denied the requested Preliminary Plat. The applicant filed an appeal CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-02! / CUP-04-023 - PAGE] of 4 of the Planning and Zoning Commission's denial decision and the City Council granted the applicant's appeal on September 7,2004. e. 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 SS 11-15-5 and 11-17-5. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report, it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Janet Ruwe. Janet Ruwe has provided notarized consent for FOLIO, Inc. to submit these applications. 4. Required Findings per Zoning and Subdivision Ordinance a. The City Council was unable to make the required findings of approval for the subject Conditional Use Permit and Preliminary Plat. 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. S67- 6503). 2. The Meridian Planning & Zoning Commission 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. Due consideration has been given to the comment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of Preliminary Plat and Conditional Use Permit denial in accordance with this Decision, which shall be signed by the City Council, the Mayor, and the 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. 5. That this denial is subject to the Deed and Legal Description in Exhibit A, the Preliminary Plat prepared on 5-12-04, and the Site Plan prepared on 5-10-04, revised on 7-22-04 and 8-03-04 and stamped revised on 8-03-04 as shown in Exhibit B. CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.04-021 / CUP-04.023 - PAGE 2 of 4 C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code S 12-3-3.J and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat prepared on 5-12-04 is hereby denied for the following reasons: a. The proposed roadways are not entirely within the boundaries of the property; b. The required landscape buffer to the north is not being provided. 2. The applicant's Site Plan for the Conditional Use Permit prepared on 5-10-04, revised on 7-22-04 and 8-03-04 stamped revised on 8-3-04 is hereby denied for the following reasons: a. There is inadequate buffering for transitional densities to the west; b. Proposed traffic patterns; and, c. The concerns regarding density and cut-through traffic expressed at the hearing by nearby property owners. D. 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 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Deed and Legal Description (3) Exhibit B: Preliminary Plat/Site Plan (2) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-021/ CUP-04-023 - PAGE 3 of 4 '~O1) of the City Council at its regular meeting held on the ~ ,2004. I z r:!.- day of COUNCILMAN SHAUN WARDLE VOTED~ 80UNCILMAN BILL N}..RY 'lOTED COUNCILMAN CHARLIE ROUNTREE (ABSENT) VOTED -* .- VOTED~ COUNCILMAN KEITH BIRD - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By:j~ );j^~ CIty Clerk's Office Dated: lO .26 "04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-0211 CUP-04-023 - PAGE 4 of 4 EXHIBIT A See Attached Deed and Legal Description (3) ~ lft:6IT h (I) This document is being re-recorded to correct an error in the legal description-the last call was omil1ed. _- " -- . -- __J2~ P~~b-_ - -- - 3-"- ADA-CaUNrYHECOftDffI DAVID NAVARRO ADA CDUNTY RECORDER J. DAVID NAVARRO BDISE IDAHO f)2J2MJ :65 PM BOISE IDAMO B2I23I04 114:44 PM DEPIIJY 8mle illig DEPUTY Jnon, Hooper 01111111111111111'1 RECOIlDED- UEST OF RECOAOED-ftEQUEST DF UlllllDllllRl1 11 II It I Marb ., Marks land Surve~n9 104019993 AMDU 9.00 AMOUNT 9.00 QUITCLAIM DEED s This indenture is. made. as of the date set forth below, by and between JANET RUWE. an unmarried person and Q~GORY L. EAGY and CHANDRA J.l!t~GY, husband and wife. GRANTORS, and GRANTEBJ JANET RUWE, an unmarried person, those address is 2935 N. EagleRoad~Idaho, 83642. mer,aittn WITNESSETH: That the GRANTOR. for value received, does hereby convey, release, remise and forever quitclaim unto GRANTEE. and to the heirs and assigns of the GRANTEE, all of the right. title, and interest held by GRANTOR in and to that certain real property situated in the county of Ada, state of Idaho, shown as Parcel D on Record of Survey No. 64 I 8. Instrument No. 104016722. which is more particularly described in Exhibit A attached hereto and incoxporated herein by this reference. Together with the tenements, hereditaments. and appurtenances thereunto belonging or appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. To have and hold said premises, together with the appurtenances, unto the GRANTEE, and to the heirs and assigns of GRANTEE, forever. fA cZ-.CLdayof GORY L. EAGY'. antor ~~,df6 ~ ~ CHAND J. EA l~ or STATEOFJDAHO ) 58. GitfIbr\ ~Jt ci)-- County of ADA ) On this :Jgf#tday of ~ 200..1 before me, the undersignedt a Notary Public in and for said State. personally aPpeafaJANET ROWE, an unmarried person, lmown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that sbe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate :first above written. "..' .....,., !Iro...."~ )t~Mtl'~ a.f ~'9 ..o*,.QfI"~~~",\ 6 .:j ,pol' ~"'"~ ":. f I 'f.OTAll,.. 'i \ =*~.- I*S \ J>>os~\c. I I ~ '!J.OI 4~ OP \t)~~..~ "..,o~ A:~ .!JJ:k.-dM ~ary lic for Idaho Residing at f2,0;s~ Commission Expires: 8"1 ~al 0'1 STATEOFIDAHO ) County of ADA ) On this ..ztLday of ~.2~~ . 200~ before me, the undersigned, a Notary Public in and for said State, personally appeare GREGORY L. EAGY and CHANDRA J. EAGY, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. 55. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in tbis certificate first above written. ~~,u,u"'" ~~,..''I(:JY' elll "'#~ '!!o:f;0i ......1)~A#~ 6!tV '. yr ~ ",. '... I ~oTA~~ \ \ = . = ! * : -.- ! * E \ \ Pl1BL~C I i '\ .p::-'. .."~ ,i ~'- or:t ;........ ~v..l' ""'" of:if OF \tl ~..,,'I; ",...."....,,'1 QUITCLAIM DEED ,e~ Cn/lL-r Notary ulHic for Idaho Residing at ~q ~ Commission Expires: 1 ~ 2.1 ~ 'Zt>b'i - ( :/Cf ~ t7n It CJ) ~.. ""~/(S LAN 0 """"'\ ~NG'~ Colleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378.7103 · Fax: (208) 378..7759 · Ema1J: marksls@veJocitus.net PROPERTY DESCRIPTION PARCEL "D" A parcel ofland lying in the NEl/4 NE1I4 of Section 5, T3N.. RIE., B.M., Ada COWlty, Idaho. said parcel being more particularly descnoed as follows; Commencing at a found Brass Cap marking the NE.Comer of said Section 5. T.3N., R.1E., BM., Ada COWlty. Idaho, said Brass Cap bears N.89"'39'20"E. 2656.46 feet from a set 518" iron pin marking the N1I4 Corner of said Section 5, said Brass Cap also bears N.OO"'OO'OO"W. 2611.41 feet (formerly 2611.50 feet} .from a found Brass Cap marking the El/4 Comer of said Sec1ion 5; thence s.ooaOO'OO"E. 955.14 feet along the east boundary of the saidNEl/4 NB1I4 of Section 5 to a point; thence N.83054'00''W. 63.41 feet to a set 5/8" iron pin lying on the westerly right of way of State Highway 55 (Eagle Road), said pin also marking the REAL POINT OF BEGINNlNG: thence N.83<>54'OO"W. 80.59 feet to a set 5/S" iron pin; thence N.640U'OO"W. 79.87 feet to a set 518" iron pin; thence S.S9054'OO''W. 200.00 feet to a set 518" iron pin; thence N.79007'OO"W. )19.00 feet to a set 518" iron pin; thence S.77006'OO"W. 261.7S feet to a set 5/8" iron pin; thence S.87006"OO"W. 335.19 feet to a set 518" iron pin lying on the easterly boundary ofCaro]'s Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County. Idaho; thence N.OO"lS'll"W. 560.14 feet along the said easterly boundary of Carol's Subdivision No, 2 to a set 5/8" iron pin; thence S.71 02S'10".8. 803.90 feet to a set 5/8" iron pin; thence S.83"'S4'OO"E. 510.21 feet to a set 5/8" iron pin lying on the said westerly right of way of State Highway 55 (Eagle Road); SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. PBA Ruwe Pareel D.doc ~ 1 M ( (. EXHmIT B See Attached Site PlanlPreliminary Plat (2) I !1fL6J..'r IS 6 ) I \. . ~-:'~^~-~"'La"" I.'IG' '"-" ~ w w ~ o w C5 <( (f) ." ',--.,-0=',.,...,.....,-..,.,- .~,_. -,., ,-,,.,, """"..,..., m_~. "--,'-.-'=", ,.=,' --,...,.,. ....,,-.- ""-':o,.A\<Q~.,::aO\I;:h=r'-"'--""'='" ',-"""-,,,,'oc" =::"""""'""""".,...,,,,.,..,,,., . , ..' i , .. .... ~'. w" _ . .'".._.~ _ __ .. :oe... + b "' ..... I --- -1--' , --.- '.,:1""-" ~"",..i;'" .i~ 'e~ I e}]l ! i~:,"l r I I. ,- i..... 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I I ~hli 11!lir !1l III i I J II ! ) i j 0*<< i ii' , G, 51 ~~ r a Ili-:. ~ 5 ~ G ~lo...c 17! 0 ~l:::l u..::iiI oE9 Z Oo::i~ ~1o..I g -oj- .- Z tJ:J 5' :::-tJi>- - .q. - -1-0 <(L, 0 w!izo a:""'i ~ Z -aN IYI:':Q (/) wzo I:!~ <( ~;J<( c:n!:l::j 0 ~tj ~ <( o ~ ~ ~ g ~ -J , ';", j J i -.:_oo~: ~5 ,- , ~) i @~ - j ; , G.; J; ,7 - !! @~. ~.... 0ij '0. @.; . ,. I. L...-.................... ...._ . 1 I . , ~ ! 01\ Ji J- I~. ~~ -.:-1 9 ~ ilm~~ , i] ti~"~ ; aim- i ".11:111 ~~, ;1 1ft m ! " itl ii II! ~ , . .. t i !rJ I I. I I I ... C. I .i~! II e ~ ii n'i :~ ; ; 9 I ! I ,g 0 f! fi I~ !!; I , /i N !uP l' Iii I; ~ I / I 11....t I I . II g ~ ~ if 1!lIl'~!li~hl~ d ~j! ~ -f ~H :::) i ~ ( e, ( ) ~~ -/ Q ~...+ -~ . I : hilll"I~!1 I i h nl~115 i! . III' I! 110*~ 5 ~ ~ ~ ..-) C;J ~ ~ l= 0...... B z~ (f) Q 3'....... u..::E:C o~ ZO .<:( Vj:::::i2"<j-CDg Z VJ ~ ';::-uL.: "<j- <:( - -1-0 ...J!\-i liS wO::ZQ !l.~ ::> Z .::>N lrPr.;j Vl wzS ~~ <( i:E2<( <(r, Z D :::-;...... - <( D E:s ~ ~ (} rf1 3 ! lts ~ ~ ~gll~1 '!. I I lhlll t:! ~ ~I!l~ 12 I ~~~~~i~9~1~1 ~II~I~;!~II~" ~~"~"2~il~i~1 l;; 15 i5 II" I~~' ~u~,! hiU: iiiii ~~ ~~~ ::I!~ ~ g~ tr g i!~~i I~~!i p ~ ~~I! I ~Ii~! I! II 1....-:.'1_ Q w C::: () w i5 <( V) / i October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT FOLIO, Inc. CUP 04-023 October 12, 2004 ITEM NO. 5-0 REQUEST Findings for Denial - Request for a CUP for a PD for mixed use developemnt consisting of 120 multi family units, 28,660 sf commercial/office space &. 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision - 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings C1#(j'I.(. 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 AND DECISION & ORDER In the Matter of a Request for Preliminary Plat Approval of 30 Multi-Family Lots, 7 Commercial Lots and 6 Common/Other Lots on 10.05 Acres, and Detailed Conditional Use Permit Approval of 120 Multi-Family Units and Conceptual Approval of 7 Commercial Pad Sites in the C-G Zone for Sadie Creek Subdivision, by FOLIO, Inc. Case No(s). PP-04-021, CUP-04-023 For the City Council Hearing Dates of: September 7, 2004 and September 21, 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 Planning & Zoning 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 967-6509. The matter was duly considered by the Planning and Zoning Commission at the August 5, 2004 public hearing. 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. The matter was duly considered by the City Council at the September 7,2004, and September 21,2004 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. c. 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). d. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for denial of the Conditional Use Permit to the City Council, and denied the requested Preliminary Plat. The applicant filed an appeal CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). PP-04-0211 CUP-04.023 - PAGE] of4 ofthe Planning and Zoning Commission's denial decision and the City Council granted the applicant's appeal on September 7, 2004. e. 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 ~67-6509, 6512, and Meridian City Code S~ 11-15-5 and 11-17-5. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report, it is hereby verified that the property owner(s) ofrecord at the time of issuance of these findings is Janet Ruwe. Janet Ruwe has provided notarized consent for FOLIO, Inc. to submit these applications. 4. Required Findings per Zoning and Subdivision Ordinance a. The City Council was unable to make the required findings of approval for the subject Conditional Use Permit and Preliminary Plat. 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. g67- 6503). 2. The Meridian Planning & Zoning Commission 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. Due consideration has been given to the comment(s) received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order ofPrelirninary Plat and Conditional Use Permit denial in accordance with this Decision, which shall be signed by the City Council, the Mayor, and the 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. 5. That this denial is subject to the Deed and Legal Description in Exhibit A, the Preliminary Plat prepared on 5-12-04, and the Site Plan prepared on 5-10-04, revised on 7-22-04 and 8-03-04 and stamped revised on 8-03-04 as shown in Exhibit B. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-02\ ! CUP-04-023 - PAGE 2 of 4 C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code 9 12-3-3.J and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat prepared on 5-12-04 is hereby denied for the following reasons: a. The proposed roadways are not entirely within the boundaries of the property; b. The required landscape buffer to the north is not being provided. 2. The applicant's Site Plan for the Conditional Use Permit prepared on 5-10-04, revised on 7-22-04 and 8-03-04 stamped revised on 8-3-04 is hereby denied for the following reasons: a. There is inadequate buffering for transitional densities to the west; b. Proposed traffic patterns; and, c. The concerns regarding density and cut-through traffic expressed at the hearing by nearby property owners. D. 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 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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. E. Exhibits Exhibit A: Deed and Legal Description (3) Exhibit B: Preliminary Plat/Site Plan (2) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-021 / CUP-04-023 - PAGE 3 of 4 A actio!} of the City Council at its regular meeting held on the ~b-tA- ,2004. 12~ dayof COUNCILMAN SHAUN WARDLE VOTED ~ eOUNCILMAN DILL N},.RY VOTED COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE (ABSENT) VOTED * ~ VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED Attest: and City Attorney. By:jGjlGl J~ City Clerk's Office Dated; 10 - 26 -04 CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-021 I CUP-04-023 - PAGE 4 of4 EXHIBIT A See Attached Deed and Legal Description (3) ~ If'C6IT It (I) This document is being re-recorded to correct an error in the legal descrlption-the last call was omified. _. "-- - -- --~~ P LL'.ALAh-- - -- - -;-<:. AoA- COUNTY RECORDER DAVlD NAVARRO ADA COUNTY RECORDeR J. DAVID NAVARRO BOISE IDAHO :55 PM BOlS! IDAHO D2I23104 04:44 PM DEPUTY IoIInle bflllv W~e~:tQ=~F Il1llllDllIlRllBlllIlIlUllNlll1 ~C::D- rv:: OF Mllb land Su/Ve~n, 104019993 AMllU 9.00 AMOUNT 9.0n QUITCLAIM DEED 3 This indenture is. made, as of the date set forth below, by and between JANET RUWE, an unmarried person and q~GORY L. EAGY and CHANDRA J. ~~GY, husband and wife. GRANTORS, and GRANTEFJ JANET RUWE, an unmarried person, those address is 2935 N. Eagle Road~IdahO. 83642. merll~ ittO WITNESSETH: That the GRANTOR. for value received, does hereby convey. release. remise and forever quitclaim unto GRANTEE. and to the heirs and assigns of the GRANTEE, all of the right. title, and interest held by GRANTOR in and to that certain real property situated .in the county of Ada, state ofIdaho. shown as Parcel D on Record of Survey No. 6418. InstJument No. 104016722, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. Together with the tenements. hereditaments. and appurtenances thereunto belonging or appertaining. and the reversion and reversions. remainder and remainders. rents, issues, and profits thereof. To have and hold said premises, together with the appurtenances, unto the GRANTEE, and to the heirs and assigns of GRANTEE, forever. fA dlfL.dayof . Grantor G DRY L. EAGY'. antor th~Q.~#, Gi~-rr .1\ ci) --- STATE OF IDAHO ) County of ADA ) On this dt#'day of ~ 200..1 before me, the undersigned, a Notary Public in and for said State, personally app~T RUWE, an unmarried person, lmown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same. 58. IN'' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. l"IIII"'."" ~",..,s. Mdlll; ~ ., *,'0 oal'OaODaa~~ , iT. ~ .,. ..~ ~ f "-/fd' .OTAll I" \ \ a*: -.- 1*. \. \ JlII81"G J I \4);,~~ol ~1ii 0. \1)~~' -~t1'U~~" ~~AJJk>:4u ~ary p 'c for Idaho Residing at Bo;.s~ Commission Expires: g' ~a/ ot:t STATE OF IDAHO ) County of .ADA ) On this..tb-day of 1="2' . 200A:, before me. the wdersigned. a Notary Public in and for said State, personally appeare GREGORY L. EAGY and CHANDRA J. EAGY, husband aDd wife, Imown to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. 55. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate :first above written. ~"""'''''f,,, ..~, "e'h lf~ .......' AG " ~l./) ;jO'"'' j': ~...... ~A ~ ~v .. 'r ':o! ""~ -.... I ~OTA1t,.. '1 \. = : . = ! * : -.- : * ~ '\ \ .,blTBt.\C ,l i '\ tP'J.. ... .~ $ '\ "'~i....'..'o,..v IC''' ~"'#'i: 11 OF tv I~"~"" "....1111".' QUITCLAIM DEED ,e~ CVldLy- Notary 15lic for Idaho Residing at ~ Commission Expires: 1- 2.l~ 1..0Ib!j ~ tr.J:f,rT ~. (J) ~~KS lAND--'I ~ (J I ~NGI~ CoJleen Marks, L.S. 7045 · 6405 Ustick Road · Boise, Idaho 83704 Phone: (208) 378.7703 · Fax: (208) 378-7759 · EmaJI: marksls@velocitus.net PROPERTY DESCRlPnON PARCEL <CD" A parcel ofland lying in the NEl/4 NE1I4 of Section 5, T.3N., R.1E., B.M., Ada Cotmty, Idaho, said parcel being more particularly descdbed as follows: Commencing at a fOUIld Brass Cap marking the NE. Comer of said Section 5, T .3N., R.IE., B.M., Ada County, Idaho, said Brass Cap bears N,89039'20''E. 2656.46 feet .from a set 518" iron pin marking the NIJ4 Corner of said Section 5. said Brass Cap also bears N.OooOO'OQ"W. 2611.41 feet (fonnedy 2611.50 feet} from a found Brass Cap marking the E1I4 Corner of said Section 5; thence s.ooaoo'OO''E. 955.14 feet along the east boundary ofthe said NE1I4 NEll4 of Section 5 to a point; thence N.83"54'OO"W. 63.41 feet to a set 518" iron pin lying on the westerly right of way of State Highway 5S (Eagle Road), said pin also marking the REAL POn-lT OF BEGINNING: thence N.83Ct54'OO"W. 80.59 feet to a set 5/8" iron pin; thence N.64011'OO"W. 79.87 feet to a set 518" iron pin; thence S.890S4'OO"W. 200.00 feet to a set 5/8" iron pin; thence N.1900TOO"W. ~19.00 feet to a set 5/8" iron pin; thence S.17Q06'OO"W. 267.75 feet to a set 518.' iron pin; thence S,87006'OO"W. 335.19 feet to a set 5/8" iron pin lying on the easterly boundary of Carol's Subdivision No.2, as reoorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; tbenceN.0001S'U"W. 560.14 feet along the said easterly boundary ofCaro!'s Subdivision No, 2 to a set 5/8" iron pin; thence S. 71 o2S'lO"E. 803.90 feet to a set 5/8" iron pin; thence S.830S4'OO"E. 510.21 feet to a set 518" iron pin lying on the said westerly right of way of State Highway 55 (Eagle Road); SUBJECT TO .AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 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I! i~ C_~~"tIWr1 October 8,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Lyons Development, LLC AZ 04-013 October 12, 2004 ITEM NO. 5-P REQUEST Development Agreement - Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facility - southwest comer of Stoddard Road and West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: <~~ Date: IOI,lllo'! Phone: Emailed: -e <;.- ~ V'f\ e ~+ ~ (\--t..+ Staff Initials: u<- Materials presented at public meetings sholl become property of the City of Meridian. See attached Development Agreement ~ 150 East Aikens Street, Suite B Eagle, lD 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 LETTER OF TRANSMITTAL To: Mr. Will Berg, Jr., City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Date: October 4,2004 Project Name: Stow-It Mini-Storage Facility Project Number: 40303 RECEIVED OCT 04 2004 We are sending you: Copies Dated Description City of Meridi~n 1 Executed Development Aqreement GUy \;lerH.. These are transmitted as indicated below: X For A roval For Your Information X As Re uested For Review and Comment For Bids Due: A roved as Submitted A roved as Noted Returned for Corrections Price Resubmit for A roval Submit for Distribution Return Corrected Prints For Pre-Construction Si natures R uired Remarks: Please schedule the development agreement for the next available City Council meeting along with the ordinance annexing the property. Please call if you have questions or need additional information. I Signed: a ~2::i'A:.5 : Shmi Stiles I Copy to: ADA COUNTY REGORDsr . DAVID NAVARRO BOISE IDAHO 10122104 \ .;2 PM DEPUTY Vicki Allen RECORDED-REQUEST OF CITY OF MERIDIAN AMOUNT .00 30 1111111111I11111111111111111111111111 1134134972 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Lyons Development, LLC, Developer & Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I >"P day of tJ?~ ~ , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and LYONS DEVELOPMENT, LLC, whose address is 15205 N. McFarland Creek Road, Boise 83714, and hereinafter called "OWNER" and "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State of Idaho, described in Exhibit A for the C-G zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. ~ 67-65llA, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition ofre-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government A1. 04-0\3 DEVELOPMENT AGREEMENT (cur-54-oH) PAGE 1 OF 19 1.6 1.7 1.8 1.9 ( subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and ~ WHEREAS, City Council, the 7-1:!. day of se:~004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in :full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on armexation and zoning designation; and "OWNER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 2 OF 19 herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to LYONS DEVELOPMENT, LLC, whose address is 15205 N. McFarland Creek Road, Boise 83714, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property". 33 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Construction of a storage facility with caretaker residence and future offi'retail development for the remainder of the property. Detailed planned development for the storage facility and conceptual planned development is requested for the remainder of the property. Detailed approval for this acre shall occur under the planned development process, consistent with the revised Plat of July 30, 2004 and Conditional Use Permit. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property C-G. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (CUP~04-017) PAGE 3 OF 19 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a minimum 25-feet landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet." 2. Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required." 3. Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The applicant may be allowed to utilize a temporary septic system for the office/apartment use only." 4. Delete Site Specific Condition #12 on page 16 5. Add Site Specific Condition #22 which reads: "The hours of operation of the storage facility shall be contained betweenf6:00 a.m. and 10:00 p.m. on all days." B. Adopt the Conditions and Recommendations ofthe Meridian Planning and Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT /PD) 1. All conditions of the accompanying AnnexationlRezone application shall also be considered conditions of the Conditional Use/PD application. 2 All building construction within this detailed phase of Stow-It, shall substantially comply with the elevations prepared by Moore Design Associates on 5-5-04. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent International Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. Said modification will require City Council approval. DEVELOPMENT AGREEMENT (CUP~04-017) PAGE 4 OF 19 3. The submitted landscape plan, prepared by Moore Design Associates, and dated 5- 11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised landscape plan with the following changes/additions/notes: o Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road, located entirely outside of the right-of-way. All trees shall be located beyond the required street right-of-way. Prior to occupancy, said landscape buffer shall be installed along Stoddard Road, abutting the entire site. The buffer shown on the submitted Landscape Plan is approximately 25-feet wide. Staff is supportive of this increased width as it provides additional buffering for the residents in the Bear Creek Subdivision. o Provide a 25-foot wide (minimum) landscape buffer along Overland Road. All trees shall be located beyond the required street right-of-way. o Provide landscape materials within the street buffers per MCC 12-13-10. o Conifer trees are not allowed within any required street buffer area. o Provide a ~nimum 25-foot wide landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12- J:-, and these materials will be coordinated with the property owners to the west, with the fmal result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet. o 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). Ten (10) copies of a revised landscape plan shall be submitted to the City Clerk's office at least ten (10) days prior to the City Council hearing. 4. Proyide two am-omties, us approved by the Planning & Zoning Commission, for the Planned De';clopment. }..t least 10 days prior to the City Council hear...ng, the applicant shall submit 10 copies of u revised site plan showing how the amenities will be oriented on the site. Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required. 5. Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 6. 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. 7. Unless a waiver is specifically granted by City Council, 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 DEVELOPMENT AGREEMENT (CUP-04-017) PAGES OF 19 association, with written confirmation of said approval submitted to the Public Works Department. 8. All fencing shall be installed in accordance with MCC 12~4-1O. Ifno permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, IO~I-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. 10. The applicant shalt may be allowed to utilize a temporary septic system for the office/apartment uses in Phase I only. The applicant shall enter into a non- development agreement for the balance of the property until proper sewer service is available in conformance with the City's facility plan (see AZ-04-013). The arrangement for a septic system connection for the proposed office/apartment use is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. The applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. 11. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 12. The Idaho Power substation shall be brought into compliance with the approved landscape plan at }..da County prior to occupancy of any of the storage, office, or apartment uses. 13. All mini-storage units shall have a 20- foot clear minimum separation between buildings, and between fences and buildings, for circulation and emergency access. 14. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb DEVELOP:rvtENT AGREEMENT (CUP-04-0 17) PAGE 6 OF 19 red and provide signage "No Parking Fire Lane". 15. Provide a Knoxbox entry system for the complex. 16. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 17. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing. 18. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-l2-l.C. 19. 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). 20. 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. 21. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 22. The hours of operation of the storage facility shall be contained between 6:00 a.m. and 10:00 p.m. on all days. DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 7 OF 19 GENERAL REQUIREMENTS 1. 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. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. 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 of the conditional use permit. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorize the expenditure of other District funds (approximately $30,000.00), if available, for the purchase of right -of-way on Overland Road dedicated by the applicant, with the applicant constructing a sidewalk as descnoed below. However, iffunds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of$ I 2,900.00, to be used for future sidewalk construction along the applicant's property. 2. Dedicate 35-feet of right-of-way from the centerline of Stoddard abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard as one-half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) coOncrete sidewalk within the 35-feet of right-of- way from the centerline of Stoddard Road that will be dedicated with this application. DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 8 OF 19 OR Provide the District with a Public Right's of-Way Road Trust deposit in the amount of $35,200.00 for the first 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement widening to one-half of a 46-foot street section for the SOD-foot of frontage on Stoddard Road that is included in the District's Five Year Work Program, 4. Provide the District with a Public Rights-of-Way Road Trust Fund deposit in the amount of $2,000.00 for the construction of a median to be installed as a part of the Overland Road project in 2007. 5. Construct a 20-foot wide full-access driveway that intersects Stoddard Road approximately 445- feet south of Overland Road. 6. Pave the driveways their full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. 7. Other than the access points that have been approved with this application, direct lot access to Overland Road and Stoddard Road is prohibited unless otherwise approved by the District. 8. Comply with all Standard conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction 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 DEVELOPMENT AGREEMENT (CUP-04-0 17) PAGE 9 OF 19 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 hnpact 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 applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 10 OF 19 f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. Provide a Knoxbox entry system for the complex. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 12. Building setbacks shall be per the Building Code for one and two story construction. 13. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. E. Adopt the Recommendations of the Central District Health Department as follows: 1. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 2. We will require more data concerning soil conditions on this Proposal before we can comment, if on-site sewage disposal is proposed. 3. Before we can comment concerning individual sewage disposal, we will require more DEVELOPMENT AGREEMENT (CUP-04~017) PAGE 11 OF 19 data concerning the depth of: high seasonal ground water, waste flow characteristics, or bedrock from original grade. 4. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters if more than 600 gallons a day are proposed. 5. CHDH has not received any correspondence or inquiries from Lyons Development regarding on-site sewage disposal. F. Adopt the Recorrnnendations of Sanitary Services Company as follows: 1. Design the endosure(s) per the standard recommendations ofSSC for access~ gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the proj ect. G. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Modification of the CUP conditions made by the Planning and Zoning Connnission, to include: a. Requiring a 25- foot wide landscape buffer to the west; b. Coordinating materials to be used with the adjacent property owner; c. Approving amenities presented by applicant at the public hearing; and d. Limiting hours of operation within the development to be from ':/- 6:00 a.m. to 10:00 p.m. 2. Applicant is granted a waiver of the standard tiling of the Hardin Drain located on the southerly boundary of the property. 3. Applicant shall be required to complete its offer to donate a sewer easement to the City to facilitate the sewer extension through the property in the future. Applicant shall coordinate with the Public Works Department and the Nampa-Meridian Irrigation District the provisions for any required sewer easement adjacent to the Hardin Drain. 4. No RV dump shall be activated until the Black Cat sewer trunk. is activated and connected to the property. 5. Applicant has submitted copies of a revised site plan and landscape plan reflecting the changes required by the Commission, dated July 30, 2004. Therefore, the preliminary plat date shall be July 30, 2004. DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 12 OF 19 6. Applicant agrees to limit development of this property to what has been approved to date, and shall not intensify the development, or develop new uses on the property, until the Black Cat Sewer Trunk has been extended south of Interstate 84 and is available for connection to the property covered by this Development Agreement. H. Comply with all the conditions, recommendations and requirements of the corresponding order from application of Annexation and Zoning, , Case No. AZ-04- 013 and the Conditional Use Permit, Case No. CUP-04-017, which orders are hereby incorporated herein by this reference as though fully set forth. 6. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City') has complied with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner') consent upon default to the de-annexation and/or a reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the ~'City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six. (6) months of such notice. 8. INSPECTION: "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 13 OF 19 the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQillREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at .'.owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the .'City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the du1y approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either '.City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil DEVELOPMENT AGREEMENT (CUP~04-0 17) PAGE 14 OF 19 disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that installation ofllie improvements, which the "Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the CitY of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Lyons Development, LLC 15205 N. McFarland Creek Road Boise, ID 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (CUP-04-0 17) PAGE 15 OF 19 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. . 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence oftermination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and ..City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to ..City", to a duly adopted ordinance or resolution of .'City". DEVELOPMENT AGREEMENT (CUP-04-017) PAGE 16 OF 19 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER and DEVELOPER: LYONSDEVELOPMENT,LLC DEVELOPMENT AGREEMENT (AZ-04-013) PAGE 17 OF 19 CITY OF MERIDIAN BY: Attest: de WEERD .to-/2--pf- STATE OF IDAHO ) - - - :ss COUNTY OF ADA ) On this ~ ~ day of Oc:Jo be r . in the year 2004, before me, a Notary Public, personally appeared U a. \P... \='V-C\. -z.-€. \ \ " known oridentified to me to be the person who executed the instrument on behalf of Lyons Development, LLC, as its YY'lIlI"ICl5' (" , and acknowledged to me that he executed the same. ~Jgl~j\JY-l,~~c ~ No ary PUbl~r Idaho Residing at: D 'I .s~. ~ Commission expires: (0' { ;;;0 tlD DEVELOPMENT AGREEMENT (AZ-04.013) PAGE 18 OF 19 STATE OF IDAHO ) :ss County of Ada ) On this I).. .J..ln.. day of ()cJob d , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ~~" ....~ IIt't., .~~~ Cl!> L. s 11_ ~." ~.... ~~ ....... 'Vof.r~ or... :' .",.,,);' 00 .. ~.:r,-=- ~ ...."--.... .0..,. 0;. -- fi' T · .. :: .....:1.0 AI( L.... 0;, __ . 't' ~ 4. 11II : * : _0411>> ~ * ~ - . Q ~ :. . . = .. . ^ 'Ie. .. ':0 0.. -c-trB\..J. I :: '-'<p. .:: ':0 .?> .0. .........0 .: ..~ "'1 ......... ~~ !/I," '-.... l'e 01"< \\) It....... .11, 1 ."" ......,a;..II. IFR'..... DEVELOPMENT AGREEMENT (AZ~04-013) PAGE 19 OF 19 BEFORE THE l\'lElUDJAN CITY COUNCIL C/C 08/10/04 IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 13.5 ACRES TO C-G FOR STOW-IT SELF STORAGE Case No. AZ-04-013 ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING LYONSDEVELOPMENT,LLC APPLICANT The above entitled annexation and zoning application having come on for public hearing on August 10, 2004, at the hour of 7:00 p.m., and Anna Canning~ Becky McKay and Bruce ;Freckleton, appeared and testified) and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1, There has been compliance with aU notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~g 11-15~5 and 11~16-1. 2, The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT ANDCONCWSIONS OPLAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXAT[ON AND ZONING - STOW-IT SElF STORAGE (AZ-04-013) PAGE 1 OF 11 and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02M382, and maps and the ordinance"Establishing ~e Impact Area Boundary. 3, The property is approximately 13.5 acres in size and is located on the southwest comer of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range 1 West. 4. Idaho Power Company is the current owner) and David L. Hogg has provided notarized consent for the subject application. 5. Tbe Applicant is Lyons Development, LLC. FINDINGS OF FACf AND CONCWSIONS OFrAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING - STOW-IT SELF STORAGE (AZ-04-013) PAGE20F 11 6. The subject property is currently zoned RUT (Ada County) and is vacant. 7. The Applicant requests the property be zoned C-G. 8. The property which is the subject of this application is within the Are of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: A storage unit complex. with oommercialloffice uses and a caretaker's apartment. 11. The Applicant Requests zoning of the subject real property to C-G (General Retail and Service Commercial) which. is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as Mix.ed Use - Neighborhood. 12. There are no significant or scenic features of major importance that affect the consideration of this application. 13. The concerns of Jackie Reinhart, Shane Hodgekis$ and Garrett Harwell, expressed at the July 15,2004 hearing of the Planning and Zoning Commission are recognized. The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows; FINDINGS OF FACT AND CONCWSlONS OF LAW AND DEcrsroN AND OR.ttBRGRANTING APPUCATION FOR ANNEXATION AND ZONING- STOW-IT SELF STORAGE (AZ-(l4-013) PAGE 3 OF 11 ANNEXATION AND ZONING CONDITIONS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax. Commission and places the parcel contiguous to existing city limits. 2. Prior to the annexation ordinance approval~ the owner shall be required to enter into a Development Agreement (DA) with the City as a condition of annexation, The DA shall require that: . Uses shall be restricted to those depicted on the accompanying Conditional Use Pennit (CUP) Site Plan. . Non-development of the 2.5 acres shown as Fu~e Development (Office/Retail) on the accompanying CUP Site Plan, until City sewer is availab]e to the subject property in compliance with the City's facility plans. . The arrangement for a septic system cormection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer) once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewerline( s) to be installed to facilitate the future connection to ,City sewer. All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use pennit approval. . 3, Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4~8> when service beC()mes available to this site. Wells rnayl:;le used for non-domestic purposes such as landscape irrigation. 4. 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. 5. Any future subdivision, uses and construction on this property shall comply with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDBR GRANTING APPliCATION FOR ANNEXATION AND ZONING - STOW-IT SEU STORAGE (AZr04-013) PAGE 4 OF 11 the City of Meridian ordinances in effect at the time. B. The Applicant shall also comply with the condi tions and requirements of the corresponding application for this project, which is Conditional Use Permit - CUP-04-0 17. C. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Applicant will tile all ditches pursuant to Paragraph 4 above, with the exception of the Hardin Drain located on the southerly boundary of the property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing) donate to the City a sewer easement adjacent to the Hardin Drain. fINDINGS OF fACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPllCATION FOR ANNEXATION AND ZONlNG - STOW-IT SELF STORAGE (AZ-04-013) PAGE 5 OF 11 CONCLUSIONS OF LAW 1. The City of Meridian has authority to .annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The CoUrtcil may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by ULocal Land Use Planning Act of 1975", codified at Chapter 65) Title 67, Idaho Code by the adoption Qfthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4, The project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 5, The zoning of (C-G) (General Retail and Service Commercial) is defined in the Zoning Ordinance at S 11-7~2 K as follo\ijs: fe-G) General Retail and Sel'Vice Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function) the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls) 105 FlNDfNGS OF PACT AND CONClllSlONS OF LAW ANp DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING - sroW.IT SELF STORAGE (AZ-Q4-013) . PAGE 6 OF 11 tdaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Se~tion 12-2-4 which pertains to development time schedules and requirements; Section 124-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of.the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, tbe City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.5 acres to C-G (General Retail and Service Commercial) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.5 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State Qfldaho~ and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall he required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian) which provides for the following conditions of development; to-wit: FlNDINGS OF fACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - STOW-IT SELF STORACS (AZ-04-013) PAGE 7 OF 11 A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as foIIows: ANNEXATION AND ZONING CONDITIONS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Prior to the annexation ordinance approval. the owner sbaH be required to enter into a Development Agreement (DA) with the City as a condition of annexation. The DA shall require that: . Uses shall be restricted to those depicted on the accompanying C01;lditional Use Permit (CUP) Site Plan. . Non-development of the 2.5 acres shown as Future Development (OfficelRetail) on the accompanying CUP Site Pian~ until City sewer is available to the subject property in compliance with the City's facility plans. . The arrangement for a septic system connection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of"drj line" sewer line(s) to be installed to facilitate the future connection to City sewer. . All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use permit approval. 3. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system( s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8) when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches) laterals or canals, exclusive of natural watenvays, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. P 1ans will need to be approved by the appropriate irrigation/drainage district, orlateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATrON FOR ANNEXATION AND ZONING-sroW-IT SELF STORAGE ( J\Z-04-0 13) PAGE 8 OF 11 users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. . 4. The Applicant shall also comply with the conditions and requirements of the corresponding application for this project, which is Conditional Use Pennit - CUP-04.017. 5. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C~G) (General Retail and Service Commercial), and Meridian City Code ~ 11-7-2. 6. Subsequent to the passage of the Ordinance provided for in section 4 of tills Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of th,e official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 7. Adopt the action of the Ci ty Council taken at their August 1 O~ 2004 meeting as follows: For clarification: 1. Applicant will tile all ditches pursuant to Paragraph 4 of the Annexation and Zoning Conditions above, with the exception of the Hardin Drain located on the southerly bOWldary of th.e property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing, donate to the City a sewer easement adjacent to the Hardin Drain. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - STOW-IT SElF STORAGE (A.Z-(l4..() 13) PAGE 9 OF 11 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-800J~ the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty~eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67 ~6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision maY1 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 7'.../~ ~_ day of .J1p~ , 2004. ROLL CALL CO'UNClLMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED fj?'- COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED ~ - MAYOR TAMMY de WEERD (TIE BREAKER) DATED: Q-7-04- VOTED FINDINGS OF FACT ANDCONCWSIONS OF lAW AND DECISION AND ORDER GRANTING APPUCA1rON FOR ANNEXATION AND ZONIN(l- STOW-IT SELF SroRAGE (AZ-04-0IJ) PAGE 10 OF 11 MOTION: APPROVED:+ DISAPPROVED: M'Y~~ Attest: By:~ad\hQ QrV City Clerk~s Office Dated: q . C) .04 z:\ Wo.t\M\Meridian\Meridian 15360MStow-lt Stornge AZ 04-0 13 CUP ()4.0 17\AZFFCLORD AZ-04-013 .dcc FrNDINGS OF FACT AN!) CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION fOR ANNEXATION AND WNlNG - STOW-IT SELF STORAGE (AZ-04-0B) PAGE 11 OF 11 October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 12, 2004 ITEM NO. 5-Q REQUEST Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension 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 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: See attached / IJI(~ 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 OCT 0 7 2004 Memo City Of Meridian City Clerk Office To: Tammy de Weerd, Mayor From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 10/06/2004 Re: Proposed Agenda Item for October 12, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 12 City Council agenda, under Consent Agenda, for Council's consideration: Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eaqle Road Waterline Extension. A permanent and temporary easement has been signed by Jack and Mary Ann Kennevick, Lyle and Donna Cobbs, and Richard and Kathleen Jordan for the construction of the water main on property at the intersection of Eagle Road and Ustick Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the water main on the property at the intersection of Eagle Road and Ustick Road for the landowners 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 SANITARY SEWER AND WATER LINE EASEMENT THIS INDENTURE, made this ~ day of ~ 2004 between Jack C. Kennevick and Mary Anne Kennevick, husband and wife, Lyle R. Cobbs and Donna L. Cobbs, husband and wife, and Richard L. Jordan and Kathleen A. Jordan, husband and wife, the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer and water right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water Jines are to be provided for through underground pipelines to be constructed by Grantee; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of a cash payment of Seven Hundred Dollars ($700.00) to be received by the Grantor, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line and water line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of sanitary sewer and water Jines and allied facilities, together with maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a water line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. SANITARY SEWER EASEMENT, Page 1 of 5 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large t~e@sc'OE:bn,J$h:;'~ placed within the area described in this easement. ri -, :~~'l !~\ :"-~~"': ::r~l II-=--\ _"'. \ (nr..,"-~ / ~~ ~\ .b ~~=->t..;. f""'\ \ '\i iil' : lUll I L/ i h ~,:-. ,""~ """\ r:J;0nl ~i '\i r=.\ \. :; C;- .~ :5 . U,J i \J It) I l i ~, h U \'\ f:~\---;-.,-~~.:--~ k L-.--J '-+/ ~ tW . ~ ~ t:-!r~iC~r:: t!1Ei.~n THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would intertere with the use of said easement, for the purposes stated herein. 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 thetitle and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. IJ (;/ tf!,~ C /J13ck C. Kennevick r 'n C2 '~ \ ~iren~e~i~k~ .Y-YVYU~ ,_L /~ I STATE OF IDAHO) ) ss County of Ada ) On this ~ day of personally appeared proved to me on the b es of satisfactory e idence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ~,~I'IIIUliQ..,,;; ,,,,.,~ 'OBRO.s;"'''~#", ~.....!>.. ~. ......... :&..., ...~. ~ ':S "" ... -r;r ~~ {~ro~/lI.RY -.."" \. =~:~ ;: :: ~ - ~ .' . . - · , u. : ;. \ ~ :0: ~ ~. pd f-'\.> ..,,-.. -:. eo \J .. '-4,~ .: ..... .... .... <'\ "'r' ,; ".. J' ."...Ol..- '\V .. .......ff }>;1 TE 0 ~ ......... ""....n..~.~. My Commission Expires on 'j.';;'o,tJ4, . SANITARY SEWER EASEMENT, Page 2 of 5 " f --/ ~ :.:~/~ /f~ ~y Lyle {R(Cobbs J! j 'kJ r!.1 #'(;1-;?1 ;147 eLl,"'"", 'P //1:#-1.1 Donna L. Cobbs STATE OF IDAHO) ) ss County of Ada ) .' On this il7- day of ~~ ,2004, b~e me~ ~-<) personally appeared ~ ~~ _ , proved to me on the bases f satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ""O"-"~""~ .f .) ,,;'" \.. "~.:.~. OSI. ~":. '<v. er-r.:'r,!lo~$tt '.!?~ ~ ~ ~.. ~(, ", ~ "'f..~-e.c. ...,. = QJ.. f(' p..R Y 'r ~ -;. =~: O. ~:. 1If"""",. ~ , 0 ~ "~."". 0<>" ! \ ' \: :o:~ ... <1:\'> ...J.,..... \ ..,. p\J v fl- ..... : ~ '- - ...- '\'.; ~#f: d>;:--......~ '\'> .....:0 ###.. A TB 0 ~...... ',.............. ~c t:' ~~TARY PUBLIC FO IDAHO My Commission Expires on 7:010-0& / SAN1TARY SEWER EASEMENT, Page 3 of 5 ~/~~ "'-Richard L. Jordan. A{~d~ Kathleen A. Jordan . STATE OF IDAHO) ) ss County of Ada ) On this ~ day of personally appeared proved to me on the bases of satisfactory evidence to be th persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. .... T _." ~...... tlBROSj I,...... ~....~ ~.~e.~w.... ~~ ~~ ,: s .ft. ". "fr , ..~" . ~ $ .Q;' l '\ p,..R Y ..."' ~ = -:r:: ..s..O \ i : ~."'" .' : . . · 4IfI U · .. " . : .. "". 0 - \,. \ P\J'i!l /.4: I ~ ..- ~. ^~"" ~#. J>"::"""'-': ,\V "##11'.... TB of .., "',..,...............- ~'d:~L) N TARY PUBLIC FOR IDAHO My Commission Expires on 7'. c:2lJ~()4 / SANITARY SEWER EASEMENT, Page 4 of 5 GRANTEE: CITY OF MERIDIAN Tammy deWeerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Page 5 of 5 October 8, 2004 MERIDIAN CITY COUNCil MEETING October 12, 2004 APPLICANT ITEM NO. 5-R REQUEST Award of Bid for Drilling & Construction of Supply Well #26 for Treasure Valley Drilling AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY 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 OCT 0 7 2004 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady~J CC: Date: 1017/2004 Re: Proposed Agenda a Items for October 12, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the October 12 City Council consent agenda: Drillinq & Construction of Supplv Well #26 with Treasure Vallev Drillinq. Two bids were received for this project as summarized below and shown in the attached bid tabulation: Treasure Valley Drilling Adamson Drilling $261,800.00 $283,273.60 Treasure Valley is the low bidder and has successfully drilled production wells for the city. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Drilling & Construction of Supply Well #26 for $261,800.00 with Treasure Valley Drilling and authorize the Mayor to sign it. From the desk of.. . Lenard Grady Staff Engineer Meridian Public Works Depm1mcnt 660 E. 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(l) Ci5U)1ll " o(l = boo~ ~ffiM ro ~ (1] iii~iii c..... c - c o(l(l)o(l ..cO..c .!:!l vi.!:!l C Ol C ~ .~ :; u..O::u.. ::t ~~ I '. o o o co ro M' ro v o o ~ t::: o ::E Q.. C'l '" (;j o o cO C'l "'- .... 0) ro o I- EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis of a Stipulated Price THIS AGREEMENT is dated as of the day of in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: The project includes construction of two municipal water supply wells including, but not limited to, drilling, water quality sampling, installation of casing, screens and surface seal, development, test pumping, and site restoration and related work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to an Local, State and Federal requirements. Article 2 ENGINEER. The Drilling & Construction of Supply We1126 Project has been designed by City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. 3.1. The Work will be completed within sixty (60) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, paragraph 3.14 of the Well Drilling section, and completed and ready for final payment in accordance with paragraph 14.13 ofthe General Conditions, 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence ofthis Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $250.00 for each calendar day that expires after the time specified in paragraph 3. I for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shan neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agreement. Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARTICLE 14 of the General Conditions, ENGINEER will process applications for Payment as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 20th day of each month during construction, as provided below, for Applications submitted to the Engineer prior to or on the 20th day of the previous month. AU progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4 and in the case of Unit Price Work, based on the number of units completed. 5,1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions, 100 % of work completed (less 5% retainage). 100 % of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5,1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% ofthe Contract Price, less such amounts, as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14,7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder ofthe Contract Price as reconunended by ENGINEER as provided in said paragraph 14.13. Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7. L CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, Locality, and aU local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in ARTICLE 6 of the Supplemental Conditions of the extent of the teclmical data contained in such drawings upon which CONTRACTOR is entitled to reply, 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which peltain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, elTors or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8,2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State ofIdaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Teclmical Specifications. 8.10 Drawings. 8,11 Appendix. 8,12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the General Conditions. 8,18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE 11 and ARTICLE 12 of the General Conditions, Article 9 MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in ARTICLE 1, of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None (, IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions ofthe Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,2004. Owner CITY OF MERIDIAN Contractor By: By: n Name: Robert D. Corrie, Mayor Approved by City Council: Name: [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest William G. Berg, Jr. City Clerk Address for giving notices Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 Public Works License No. . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing f ..J Co!.. to M ::Pi -:? ..L >- (Y ....0 3 -b -:- ~ b Cl I: '2 .;..; Q) u 0.. Q) 0 ..... e :2 0. eo "'C "'C Q) ell I: .. >0.21 "0 (J) Q) ~ ;:(1) ~ Q)"'C u I!! 0..1: to 0 e ca =: ....- l/J- .. 0."0 <C u"O E"O I: ~ Q) - Q) "'tl ... ::l .g ::l to ..... .... .- 0 l/J~ I: C ::l "0 ::l E ... 0 0 t:r C t1' (I) o C- eo ,g~ (I) Q) c( "0 Q.E "O~ :2 e 0 :2 "0 ::J._ "0.... 00 to 0.0 to en:::.. C(:::.. B D i>= M g -y- to J '" ('-") U) :r- 0""'1 'lz:::9 ~ \P '\).--. -3 ~ S& ~ ~ ~ r M ~ \ ) ) \' J f'> ~ ~ ~ [) 0 O. I:5i:I r) l:X:::l 0 ~ ::r ~ IJ) M- ""'J ~ ~ - r^ 4- ..- .\- .... 4.. st: :; .-- -<. ~\ 9 ~~ 0 tc -\ 1\ \ ~^ J~ \ I;J"'" ::r y "0 "0 Q) ell C .... >0.21 "'C Ul Q) :J ;:Ch .t: (1)"0 U t'; c-c to 0 e !'is .... .... ....- l/J- .... 0."0 <( u"C e"C c to Q) - (I) "0 .... .... ::l .~ ::I co.... .... .- 0 t/I~ C C ::J. "'C ::I E .... 0 o C" c c:r Q) o 0.. OJ ,g~ CIl Q) <C "0 c-e "'Co:: 32 e 0 :E ::1- "0_ :2 CO o.U CD (I):::" <(:::.. to 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: SETIlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached wr'.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. RECEfVED OCT 0 7 2004 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, P,E, Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 10/7/2004 Re: Proposed Agenda Item for October 12, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 12 City Council agenda, under Consent Agenda, for Council's consideration: Chanqe Order No.1 for WWTP Clarifier #1 and #2 Protective Coating. Additional work is required for the completion of the WWTP Clarifier #1 and #2 Protective Coating. This change order consists of the following work: · Blasting and recoating the three existing headworks screw conveyors with Tank Clad. National Coatings, Inc. submitted a cost for this change order as summarized below: . National Coatings, Inc. $10,400.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the WWTP Clarifier #1 and #2 Protective Coating with National Coatings. Inc. for $10,400.00 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 CHANGE ORDER NO.1 No.1 EFFECTIVE DATE DATE OF ISSUANCE OWNER City of Meridian CONTRACTOR National Coatinqs. Inc. Contract WWTP Clarifier #1 and #2 Protective Coatinq Project WWTP Clarifier #1 and #2 Protective Coatrnq OWNER's Contract No. N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: · Blasting and recoating the three existing headworks screw conveyors with Tank Clad. Reason for Change Order: We would like to blast and recoat the existing headworks screw conveyors. National Coatings, Inc. is on-site at the wastewater treatment plant coating clarifiers #1 and #2 and we received a quote from them to complete the work. Attachments: (List documents supporting change): Estimate from National Coatings, Inc. CHANGE IN CONTRACT PRICE: Original Contract Price $ 25.800 Net Increase (Decrease) from previous Change Orders No. ~ to ~ $ 0 Contract Price prior to this Change Order: $ 25,800 Net increase (decrease) of this Change Order: $ 10.400 Contract Price with all approved Change Orders: $ 36.200 RECOMMENDED: ACCEPTED: By: By; Clint DOlsby, Staff Engineer Contractor Date: Date: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: ATTEST: By: Tammy de Weerd, Mayor By: William G. Berg, Jr. City Clerk Date: Date: EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. '''''' - II 464H T'cnll"ln ilL, (ial'den City, 11) H3714 (20R) 3tF4-:1 H03 (2()H) .,,44..~122 (f~") N atio n alGo ati n g5,1 n c. ! Ii I e,p r fry ;e.Yj I ('.' r i e '!7 C (':",(2 I/. (.f / ify 10/5/04 City ofMeridjan Aitn: Mr. Len Grady 660 East Water Tower Meridian, ID 83642 Reference: Coating of Head Works Screw Conveyors (3) Sub,ject: Revised Proposal Mr. Grady; Please find our revised proposal for the above referenced work. National Coatings, Ine, would propose the fonowing. . Conveyors to be removed and tral.1sported to a city designated area by others. .. Existing coatings to be removed by abrasive blasting. . (2) coats of Tank Clad to be applied @ 5-7 Mils DFT. . . DFT to be checked and verified. . Upon completion~ screws to be transported and reinstal.Jed by others. National Coatings, Inc. estimate fortbis scope of work is $10,400.00 (ten thousand four hundred dollars). N~tional Coatings estimate includes all supervision, labor,. equipment and taxes. If any further information is required contact roe personally. at your convenlence. Sincerely) . ~ -D.wy- d~ f.0 George Larkins Project Manager. . Proposal Accepted by: Date: :l;UC!.Ugo17 ~ (:'f~{.f)/.f"fd().. Idabo 4 j.\iiscot1s:in October 8.2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 12. 2004 ITEM NO. 5~T REQUEST streetlight Agreement for Highgate Subdivision 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached rf~ 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 OCT 0 7 2004 City Of Meridian City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 10/6/2004 Re: Proposed Agenda Items for 10/12/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/12/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetliqht Aoreement for Highqate Subdivision. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Highgate Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration, . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Harris Homes pertaining to the street lights in Highgate subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: L Harris Homes has provided 2ea. Single head street light poles. concrete pole bases. fixtures, bulbs) and components to the residential development mown as Highgate subdivision, in Meridian, Idaho. The parties acknowledge that the 2ea. Single head street light poles and appurtenances were specially ordered items) not customarily used in residential developments in Meridian, Idaho. 2. Harris Homes, 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 Harris Homes, 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 2ea. Single head street lights located in Highgate subdivision, in the usual and customary manner. 4. It is agreed thaI 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 Harris Homes. 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 Harris Homes. 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 Harris Homes. BY~ President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) County of Ada, ) ss. On this _ day of , 20----, before me) the undersigned) a Notary Public in and for said State, person~ly 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 RESIDING AT MY COMMISSION EXPIRES STATE OF ,) ,) : ss. County of On this '-I day of ()e-Iow , 20Q!:L befornme, the unders~gned, a Notary Public in and for said State, personally appeared ~ kll!Jf?ki.s and J known to me to be the President and Secretary of if "ItHt!!4../S ~ ') and 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 .,..t......., ,. ::I '" ~~.~~.. (11 O.!l.( ....... I (.) ,~"'\ I.. '""antt \ifl ~ :~~ ~ ..-i ... : . ~ .v)fJ.O~ -l~ j '. ~ .... f)....,~ o--b ,........ "'~ fO.' "-- q;:) . M. ~-; ".... -~If: in ,.If' 'It......,.. Y POOL C FOR IDAHO RESIDING AT ~/5g:- ~ MY COMMISSION EXPIRES ;) I /2/ t/9 STREET LIGHT AGREEMENT Page 3 October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 12, 2004 ITEM NO. 6 REQUEST Discussion of Site Specific Condition No. 15 for the Final Plat of Bear Creek No.8 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: ~ 1\ ~ ~,i(/' ~ See attached Letter from Briggs Engineering OTHER: Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of MeridIan. BRIGGS ENGINEERING, Inc. ENGINEERS I PLANNERS I SURVEYORS 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail kentb@briggs- engineering. com October 7,2004 RECEIVE OCT - 7 2004 Mayor and City Council 33 East Idaho 8t. Meridian, Idaho 83642 City of Meridian City Clerk Office RE: Bear Creek No.8 Site Specific Condition No. 15 Dear Mayor and City Council: Pinal Plat Condition No. 15 requires the developer to provide a twenty-foot wide pathway easement along the south side of the Ridenbaugh Canal without any improvements. Prom information we have received from Nampa Meridian Irrigation, they will allow a pathway and other improvements along the south side of the Ridenbaugh Canal. As the District does not need any access from the south side ofthe canal to maintain i. They would however require a license agreement for those improvements located in their easement. The developer desires this area to look attractive and to be functional therefore he is willing to go to the extra expense to install the 10' pathway now instead of only granting the easement for a future pathway. In exchange he is requesting that the City own Lot 29, which the pathway is located. I have met with Parks Department staff on site and we both agree that the pathway should be located 5 feet from the top of bank and should have a five foot minimum buffer from the back property lines of those lots along the canaL This would allow the area to be useful and to be maintained by both the City Parks Department and the future Homeowners. In summary the developer would like discuss this item with the City Council in a Pre-Council meeting and receive approval to modify condition 15 to allow him to install the 10' pathway and to give Lot 29 to the City of Meridian. If you have any questions or need additional information, please call. Sincerely, B~NEERING' [IIC. Kent Brown 30306-pathwayJtr Tara Green From: Sent: To: Subject: Will Berg Friday, October 08, 20043:05 PM Tara Green FW: Bear Creek #8 Pathway Easement -----Original Message----- From: kent (mailto:kent@briggs-engineering.com] Sent: Friday, October 08, 2004 9:26 AM To: bergw@meridiancity.org Subject: FW: Bear Creek #8 Pathway Easement Will, Here is the e-mail you requested -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Wednesday, October 06, 2004 10:19 AM To: kent Cc: strongd@meridiancity.org; 'Anna Canning'; 'Bill Naryl Subject: RE: Bear Creek #8 Pathway Easement Kent, Given Anna and Bill's comments below, it appears the best course of action is for you to submit a letter to the Mayor and City Council outlining the change of the site specific condition regarding the pathway easement and how you propose to convey the pathway and property to the City. The letter should be submitted to the City Clerk's Office requesting to be placed on a Pre-City Council agenda for discussion, etc. The City Council will likely either choose to accept the conveyance in lieu of the easement or they may direct staff to schedule a hearing to amend the condition. Brad Hawkins-Clark -----Original Message----- From: Anna Canning [mailto:canninga@meridiancity.org] Sent: Tuesday, October 05, 2004 5:15 PM To: 'Bill Nary'; lBrad Hawkins-Clark' Cc: Kentb@briggs-engineering.com; strongd@meridiancity.org Subject: RE: Bear Creek #8 Pathway Easement I'll go with the legal advice. abc Anna Borchers Canning City of Meridian Planning Director -----Original Message----- From: Bill Nary [mailto:naryb@meridiancity.org] Sent: Tuesday, October 05, 2004 11:10 AM To: Brad Hawkins-Clark; Anna Canning Cc: Kentb@briggs-engineering.com; strongd@meridiancity.org; Bill Nary Subject: RE: Bear Creek #8 Pathway Easement It could be discussed at Pre-Council so that the Council knows that the 1 (. {. condition was complied witn and may need to be amended. I th~nk having Doug there as well to indicate that this is acceptable to the Parks department would be helpful. -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Tuesday, October 05, 2004 9:33 AM To: 'Anna Canning' Cc: Kentb@briggs-engineering.com; strongd@meridiancity.org; Bill Nary Subject: Bear Creek #8 Pathway Easement Anna, A condition of Bear Creek #8 (at the south end of the development, between Victory and the Ridenabaugh Canal) was to dedicate a public pathway easement to the City on the south side of the Ridenbaugh for a future pathway. Greg Johnson was not required to construct it - only provide the easement in case the Parks Department decided, at some point, they wanted to connect Stoddard and Victory along the Ridenbaugh. Last week, Kent Brown met with Doug Strong and they agreed that, rather than provide a pathway easement, the common lot adjacent to the Ridenbaugh would be deeded to the City. Greg also offered to construct the pathway at this time, which Doug apparently agreed to (according to Kent). Kent told me that he and Bill Nary briefly discussed this yesterday, although a final decision was not made on the most appropriate method of conveyance or on the regulatory process needed to make this change. My question relates to the approval and acceptance process of the land conveyance. Since the Council-approved final plat condition currently states an easement must be created and recorded prior to City Engineer signature, can we proceed with a quit claim deed (or other tool of conveyance) and have the path constructed in lieu of the condition? Or should we run this by City Council first? It seems the intent of the condition is actually be exceeded. But does the Council need to approve acceptance of the common lot prior to the action? Brad Hawkins-Clark Principal City Planner 2 October 8,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayors Office REQUEST Appointment of Public Works Director Department Reports October 12, 2004 ITEM NO. 6-A-l 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: ~~ .// 3v i> ~/I ~(f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 8, 2004 MERIDIAN CITY COUNCIL MEETING Department Reports October 12, 2004 APPLICANT Fire Department -- Kenny Bowers ITEM NO. 6-B-1 REQUEST Update on ZGA Contract with Meridian Rural Fire Protection District on Station No.4 at Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEfT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: s~ r}v{S ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( October 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 12, 2004 ITEM NO. 9 REQUEST Discussion of Ordinance for City Attorney AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DE?T: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ORDINANCE No. By the Council: Bird, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 8C, SECTIONS 1 OF THE MERDIAN CITY CODE REGARDING THE POSITION OF CITY ATTORNEY, PROVIDING FOR DEPUTY CITY ATTORNEY(S); DEFINING DUTIES AND RESPONSIBILKITIES FOR THE CITY ATTORNEY AND DEPUTIES; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8C, Section 1, Meridian City Code, be, and the same is hereby amended to read as follows: ARTICLE C. CITY ATTORNEY I-8C-I: APPOINTMENT; TERM OF OFFICE: A. The City Attorney shall be appointed by the Mayor) with the consent of the City Council, and shall hold office for the duration of his appointment unless sooner removed pursuant to Meridian City Code 1-8-1. B. There shall be Deputy City Attorney(s) as may be required and approved by the Mayor and City Council. The Deputy City Attorney(s) shall serve at the pleasure of the City Attorney by and with the advice and consent of the Mayor and City Council. (1999 Code; amd.2004) I-8C-2: DUTIES: It shall be the duty of the City Attorney and any Deputy City Attorney acting under the authority ofthe City Attorney to: A. Provide the highest standard of legal ethics, accountability, and responsibility in representing the client, the City of Meridian; and B. Advise the Mayor and Council, as the client, on all legal matters related to the needs of the City of Meridian; and C. Provide legal opinions to the Mayor and Council when requested; and D. Prepare all necessary ordinances and resolutions to facilitate the needs the of the City of Meridian; and ( E. Review, as necessary, all contracts, agreements) or instruments for legal sufficiency to protect the interests of the City of Meridian; and F. Prosecute, defend, or oversee the representation of the City of Meridian in all matters civil or criminal in courts of competent jurisdiction; and G. Provide legal advice to Boards, Commissions or Committees ofthe City of Meridian, with the consent of the Mayor and City Council; and H. Retain independent legal counsel and any additional legal services when necessary to further and protect the interest of the City of Meridian; and 1. Attend the meetings of the City Council and provide legal advice as requested by the Mayor or City Council; and J. Perform any and all legal duties as directed in the interest ofthe City of Meridian. A.. Prosecute And Defend Actions: Prosecute and defend in all courts, all actions on behalf of the City on account of official acts, B. Appeals; ''.Vrits Of Error: Take appeals or sue out writs of error on behalf of the City or any office aforesaid, with the consent and approval of the Mayor) and make the necessary bonds, in the name of the City. C. l\dvise Regarding Legal Questions: Ad'lise the City Councilor its committees, or any City officer, on such legal questions as may arise in relation to the business ofthe Gity D. Attend Meetings: ~\ttend meetings of the City Council. (1955 Code ~ 1 805) E. Actions To Punish Offenders: Prosecute those violations of County or City ordinances) State traffic infractions and State misdemeanors committed within tho City limits. Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided, Section 3, That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council) the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with) and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication, PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2004. APPROVED: MAYOR ATTEST: CITY CLERK (1999 Code, amd, 2004) ( RECEIVED OCT 1 2 2004 ORDINANCE No. City of Meridian City Clerk Office By the Council: Bird, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 8C, SECTIONS 1 OF THE MERDIAN CITY CODE REGARDING THE POSITION OF CITY ATTORNEY, PROVIDING FOR DEPUTY CITY ATTORNEY(S); DEFINING DUTIES AND RESPONSffiILITIES FOR THE CITY ATTORNEY AND DEPUTIES; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8C, Section 1. Meridian City Code, be, and the same is hereby amended to read as follows: ARTICLE C. CITY ATTORNEY 1-8C-l: APPOINTMENT; TERM OF OFFICE: A. The City Attorney shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the daration of his appointment unless sooner removed pursuant to Meridian City Code 1-8-1. B. There shall be Depu1y City Attomey(s) as may be required and approved by the Mayor and City Council. The Deputy City Attomey(s) shall serve at the pleasure Dfthe City Attorney by and with the advice and consent of the Mayor and City Council. (1999 Code; amd.2004) 1-8C-2: DUTIES: It shall be the duty of the City Attorney and any Deputy City Attorney acting under the authority of the City Attorney to: A. Provide the highest standard of legal ethics. accountability. and responsibility in representing the client. the City of Meridian: and B. Advise the Mayor and CounciL as the client, on all legal matters related to the needs of the City of Meridian: and C. Provide legal opinions to the Mayor and Council when requested: and D. Prepare all necessary ordinances and resolutions to facilitate the needs the of the City of Meridian: and E. Review. as necessary. an contracts. agreements. or instruments for legal sufficiency to protect the interests of the City of Meridian; and F. Prosecute. defend. or oversee the representation of the City of Meridian in all matters civil or criminal in courts of competent jurisdiction; and G. Provide legal advice to Boards. Commissions or Committees of the City of Meridian. with the consent of the Mayor and City Council; and H. Retain independent legal counsel and any additional legal services when necessary to further and protect the interest of the City of Meridian; and 1. Attend the meetings of the City Council and provide legal advice as requested by the Mayor or City Council: and J. Oversee. manage. and direct the Human Resources function for the City of Meridian. K. Perform any and aJ11egal duties as directed in the interest of the City of Meridian. jJ.. Prosecute ,^.nd Defend .^..ctions: Prosecute and defcnd in all courts, all actions on behalf ofthe City on account of official acts. B. Appeals; Writs Of Error: Take appeals or sue out writs of error on behalf of the City Of any office aforesaid, with the consent and approval of the Mayor, and make the necessary bonds, in the name of the City. C. l\d'/ise Regarding Legal Questions: Advise the City Council or its committees, or any City officer) on such legal questions as may arise in relation to the business of the Gity D. ,^..ttend :Meetings: ~^..ttend meetings of the City Council. (1955 Code ~ 1 805) E. fJ.ctions To Punish Offenders: Prosecute those violations of County or City ordinances, State traffic infractions and State misdemeanors committed '.v-ithin the City limits. (1999 Code; amd.2004) Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title ( \ and one (1) reading in full be) and the same is hereby, dispensed with, and accordingly) this Ordinance shall be in full force and effect upon its passage) approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2004. APPROVED: MAYOR ATTEST: CITY CLERK October 8, 2004 MERIDIAN CITY COUNCIL MEETING October 12, 2004 APPLICANT ITEM NO. 10 REQUEST Discussion of Ordinance for Conduction Meetings AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. i i 1-7..5: COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings of the eCity eCouncil shall be held at the Meridian eCity BRall at 33 East Idaho Street, by the mMayor and eCity eCouncil on the first, second, third, and fourth Tuesdays of each month beginning at approximately 7 :00 p.m. unless notice indicates otherwise in the malU1er provided by statute., and that the fourth Tuesday shall be a general meeting '.vith no hearings or action on land use applications) and the second Tuesday shall be the city council '.vorkshop, at six thirty o'clock (6:30) P.M. of said days. If a Tuesday of any month is a holiday, city election, primary or general election, the meeting shall be held the 'Nednesday evening following at the same hour and place. There shall not be a regularly scheduled meeting on any "fifth" Tuesday, but the City Council may schedule a Special Meeting with appropriate notice as required by Idaho State Code. (Ord, 897, 12-5-2000; amd. 2004) B. Manner Of Conducting Meetings: Except as may be inconsistent with the provisions of the Idaho State Code or the Meridian City Code, the parliamentary rules and law for the conducting of regularly scheduled Council and Planning and Zoning Commission meetings shall be as set forth in most current published version of Robert's Rules of Order. The Mayor and the City Councilor Planning and Zoning Commission may vary from the strict interoperation of Robert's Rules with the consent of the body and at the discretion of the Chair of the meeting. There is hereby adopted by the city for the purpose of establishing rules and regulations for the conduct of meetings) the clerk's duties and the mayor's duties in relation to council meetings) that certain booklet entitled, "How to Conduct Municipal Council Meetings", published by the Idaho Municipal League, being the 1953 edition thereof, ory/hich not less than three (3) copies are nmv on file in the office of the city clerk and the same ure hereby adopted and incorporated as fully as if set forth at length herein. (1955 Code S 1-705; mud. 2004) C. Open Meetings: Meetings ofthe city council shall be open to the public pursuant to Idaho Code section 67-2341 et seq. (1999 Code) ORDINANCE No. By the Council: Bird, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 5 OF THE MERDIAN CITY CODE REGARDING TIME AND PLACE AND MANNER OF CONDUCTING CITY COUNCIL MEETINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 5, Meridian City Code, be, and the same is hereby amended to read as follows: 1-7-5: COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings of the eCity eCouncil shall be held at the Meridian eCity hHall at 33 East Idaho Street, by the mMayor and eCity eCouncil on the first, second. third, and fourth Tuesdays of each month beginning at approximately 7:00 p.m. unless notice indicates otherwise in the manner provided by statute., and that the fourth Tuesday shall be a general meeting vlith no hearings or action on land use applications, and the second Tuesday shall be the city council '.vorkshop, at six thirty o'clock (6:30) P.M. of said days. If a Tuesday of any month is a holiday, city election, primary or general election, the meeting shall be held the 'N ednesdny evening follov:ing at the same hour and place. There shall not be a regularly scheduled meeting on any "fifth" Tuesday. but the City Council may schedule a Special Meeting with appropriate notice as required by Idaho State Code. (Ord. 897, 12-5-2000; amd. 2004) B. Manner Of Conducting Meetings: Except as may be inconsistent with the provisions oHhe Idaho State Code or the Meridian City Code. the parliamentary rules and law for the conducting of regularly scheduled Council and Planning and Zoning Commission meetings shall be as set forth in most current published version of Robert IS Rules of Order. The Mayor and the City Councilor Plalming and Zoning Commission may vary from the strict interoperation of Robert's Rules with the consent of the body and at the discretion of the Chair of the meeting, There is hereby adopted by the city for the purpose of establishing rules and regulations for the conduct of meetings, the clerk1s duties and the mayor's duties in relution to council meetings) that certain booklet entitled, "How to Conduct Municipal Council Meetings", published by tho Idaho Municipal League) being tho 1953 edition thereof, of which not less than three (3) copies arc now on file in the offico of fr.e city clerk and the same arc hereby adopted and incorporatcd as fully as if set forth at length herein. (1955 Code g 1-705; amd. 2004) C. Open Meetings: Meetings of the eCity eCouncil shall be open to the public pursuant to Idaho Code section 67-2341 et seq. (1999 Code) D. All other Rules ofProecdure for Public Meetings shall be as described in Meridian City Code 1-7-7, Section 2. All ordinances, resolutions) orders, or parts thereof or in conflict with this ordinance are hereby voided, Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of . 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2004. APPROVED: MAYOR ATTEST: CITY CLERK RECEIVED OCT 1 2 2004 ORDINANCE No. City of Meridian City Clerk Office By the Council: Bird, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 5 OF THE MERDIAN CITY CODE REGARDING TIME AND PLACE AND MANNER OF CONDUCTING CITY COUNCIL MEETINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY mE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 5, Meridian City Code, be, and the same is hereby amended to read as follows: 1 ~7 ..5: COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings of the aCity eCouncil shall be held at the Meridian GCity hHall at 33 East Idaho Street) by the mMayor and eCity eCouncil on the first, second. third) and fourth Tuesdays of each month beginning at approximately 7:00 p.m. unless notice indicates otheIWise in the manner provided by statute., and that too fourth Tuesday shall be a general meeting with no hearings or aotion on land use applications, and the second Tuesday shall be the city council workshop, at six thirty o'clock (6:30) P.M. of said days. Ifa Tuesday of any month is a holiday, city election, primary or general election, the meeting shall be held the Wednesday evening following at the same h-our and place. There shall not be a regularly scheduled meeting on any "fifth" Tuesday. but the City Council may schedule a Special Meeting with appropriate notice as required by Idaho State Code. (Ord. 897, 12-5-2000; amd. 2004) B. Manner Of Conducting Meetings: Except as may be inconsistent with the provisions of the Idaho State Code or the Meridian City Code. the parliamentary rules and law for the conducting of regularly scheduled City Council and Planning and Zoning Commission meetings shall be as set forth in most current published version of Robert IS Rules of Order. The Mayor and the City Council or Planning and Zoning Commission may vary from the strict interoperation ofRoberfs Rules with tbe consent of the body and at the discretion of the Chair of the meeting. There is hereby adopted by the city for the purpose of establishing rules and regulations for the conduct of meetings, the clerkfs duties and the mayor's duties in relation to council meetings, that certain booklet entitled, "How to Conduct Municipal Council Meetings") published by the Idaho Municipal League, being the 1953 edition thereof, of which not less than three (3) copies are no'.V on file in the office of the city clerk and the same arc hereby adopted and incorporated as fully as if set forth at length herein. (1955 Code S 1-705; amd. 2004) C. Open Meetings: Meetings of the eCity <;;Council shall be open to the public pursuant to Idaho Code section 67-2341 et seq. (1999 Code; amd. 2004) D. All other Rules of Procedure for Public Meetings shall be as described in Meridian City Code 1-7-7. (2004 Code) Section 2. All ordinances, resolutions, orders) or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2004. APPROVED by the Mayor of the City of Melidian, Idaho, this _ day of , 2004. APPROVED: MAYOR ATIEST: CITY CLERK .~ RECEIVED OCT 1 2 2004 ORDINANCE No. City of Meridian City Clerk Office By the Council: Bird, Rountree, Wardle AN ORDINANCE REPEALING AND REENACTING TITLE 1, CHAPTER 7, SECTIONS 7 OF THE MERDIAN CITY CODE REGARDING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS; INCLUDIJNG A SUMl\1ARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 7, Meridian City Code, be, and the same is hereby amended to read as follows: 1-7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the "Meridian Rules of Procedure for Public Hearingsll: .1\.... Sign Up To Testify: No person shall be permitted to testify or speak before the City Council at a public hearing unless such person has printed his name; signed his name and written his residential address thereafter on sign up sheets to be provided by the City. This rule shall not apply to staff or technical 'witnesses directed by the Mayor to giy-c evidence or information to the City Council. B. Recognition By Mayor: No person shall be permitted to speak before the City Council at a public hearing until such person has been recognized by the Mayor. (Ord. 446,2 19 1985) C. Record QfProceedings: All public hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the reeorded testimony or remarks ',;viII be accurate. The Mayor may order at any time that the record be transcribed. If a party other than an official of the City requests that the record be transcribed, he shall so request the Mayor to effect such) and all costs of preparing the transcript shall be paid in ad'fance by the party so requesting. D. Time Limit For Speakers: In the notice of the public h-earing or at the commencement of too public hearing, the Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker!s comments. The Mayor may also, either in the notice of the public hearing or at tho close of the ORDINANCE No. By the Council: Bird, Rountree, Wardle AN ORDINANCE REPEALING AND REENACTING TITLE 1, CHAPTER 7, SECTIONS 7 OF THE MERDIAN CITY CODE REGARDING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 7, Meridian City Code, be, and the same is hereby amended to read as follows: 1~7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the "Meridian Rules of Procedure for Public Hearingsll: J.\. Sign Up To Testify: No person shall be permitted to testify or speak before the City Council at a public hearing unless such person has printed his name, signed his name and '.vritten his residential address thereafter on sign up sheets to be provided by the City. This rule shall not apply to staff or tech..'1ical '.vitnesses directed by the Mayor to give evidence or information to the City CounciL &:--Recognition By Mayor: No person shall be permitted to speak before the City Council at a public hearing until such person has beon recognized by the 1\.1:ayor. COrd. 116,2 19 1985) c. Record QfProceedings: l\ll public hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks v..ill be accurate. The Mayor may order at any time that the record be transcribed. If a party other than an official of too City requests that the record be transcribed) he shall so request the Maycr to effect such, and all costs of preparing the transcript shall be paid in ad'lance by the party so requesting. D. Time Limit For Speak.-ers: In the notice ofilie public hearing or at the commencement of the public hearing, the Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each publio hearing and shall apply only to the speaker's comments. The Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that ';;ritt-en testimony shall be received and set a date and time when such T.vritten testimony must be submitted in order to be included in the written report. E. Interruption Of Speaker Prohibited: The speaker should not be interrupted by members of the City Council until his time limit has been expended or until he has finished his statement. COrd. 416, 2 19 1985; amd. 1999 Code) F. Questioning Speaker: LA...t the conclusion of a speakerts comments, each City Council member) v...hen recognized by the Mayor, shall be aHo'.v.cd to question the speaker and the speaker shall be limited to ans'vVers to the questions asked. The question and ansv.cr period shall not be induded in the speaker's time limit as established. G. S',;vearing That Testimony Is True: 'When the public hearing is quasi judicial in nature or one after ....vhich the City Council is required by law to make findings of fact, eQ;Ch speaker must S".vem- or affirm that his testimony will bc true and correct. H. Compliance ')lith Rules: ~A~y person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Should any person refuse to eomply '.vith such prohibition, he may be removed from the room by order of the Mayor. I. Suspend Or Amend Rules: The City Council may suspend or amend anyone or more of these rulcs by vote of one half (1/2) plus one of the full City Council. 1. Interpretation Of Rules By Mayor: The Mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the City Council) whose decision shall be determined by a majority vote ofthe Council members present. K. Absence DfMayo!: In cases where the Mayor is absent from the public hearing or ~.vhere the public hearing is before a duly appointed hearing officer, the President of the Councilor presiding Council member or the hearing officer shall fulfill the duties ofthe Mayor described hercinaboT/e. COrd. 446,2 19 1985) A. Policy and Preliminary Procedures This Policy and Procedures apply to matters before the City Council governed under the City's Zoning and Development Ordinances and shall be known as the "City of Meridian Policy and Procedure for Public Hearings." These provisions of this ordinance shall also apply to the City of Meridian Planning and Zoning Commission except as noted for the City Council only. In all other references that are made to the Council, such duties shall apply to the Planning and Zoning Commission. Where reference is made to the Mayor) such duties shall fall to the Chair of the Commission where applicable. No person shall be permitted to speak before the Council at a public hearing until such person has been recognized by the Mayor. The Council may suspend or amend anyone or more of these rules by vote of one half (1/2) plus one of the Council present. Any person not conforming to any of the above roles may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the Mayor. Any party that has been recognized and has the floor should not be interrupted until their time limit has been expended or until they have finished their statement. The Mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the Council) whose decision shall be determined by a majority vote of the Council members present. In cases where the Mayor is not the presiding officer for the hearing) the President of the Councilor presiding Commission member shall fulfill the duties of the Mayor. In special circumstances, and upon the advice of the City Attorney) all parties in a hearing may be required to testify under oath. B. Time Limits/Proceedings Protocol 1 Time Limits-Public Hearings: Time limits for speakers and witnesses at the public hearings shall conform to the following: 2. Initial applicant presentation-Fifteen (15) minutes uninterrupted by questions from the Council. 3. Other persons speaking in favor of the application-Three (3) minutes. 4. Persons in opposition may have one (1) spokesperson, who may speak for ten (10) minutes, but they must identify who they represent and those persons waive their opportunity to present any testimony, but may acknowledge their agreement with the representative. 5. Other persons speaking in opposition-Three (3) minutes. 6 Applicant rebuttal-Five (5) minutes, but may be increased to a reasonable time period determine by the Chair with the consent of the Council. 7. Motion to modify time limits: A motion may be made for good cause showing why the time limits herein imposed by this ordinance would violate the due process rights of an applicant or affected party. Modification of this rule requires a majority vote of the Council. A motion to modify time limits must be made prior to the presentation of evidence at the public hearing. 8. All time keeping shall be done by the City Clerk or designee. 9. Admissible Evidence: Only relevant evidence is admissible and the determination of relevance shall be made by the Council with the assistance of the City Attorney. Relevant evidence shall mean "Evidence having any tendency to make the existence of any fact that is in consequence to the determination of the matter before the Council more probable or less probable than it would be without the evidence. 10. Limitation may be imposed upon the submission of testimony or evidence which is cumulative and unnecessarily duplicative of other evidence received. 11. All exhibits shall be marked by the City Clerk and shall be admitted as part of the record. 12. Site Visits: Site visits are strongly discouraged while any application is pending. Only in extraordinary circumstances would site visits be allowed. Site visits are defined as a specific viewing of a location that is under consideration before the Council for a specific purpose. A site visit is intended to gather evidence on which the later decision may be based. It is not a "site visit" because a Council member routinely drives by a specific location and is familiar with the site and surrounding location. If allowed then the site visit is to be done in conformance with Idaho Rules of Civil Procedure and with the assistance of the City Attorney or designee. A site visit can only be conducted when the CouncillHearing Examiner shall first give notice to all affected parties) of their right together with their counsel to be present at the site visit. The visit shall be at a pre-determined time and on the record. The agenda of the site visit should be stated on the record before the visit. The City Clerk or designee should also attend the site visit to take the minutes, which minutes shall be a part of the record. The record shall be maintained in the same manner as any other public meeting and in conformance with the laws of the State of Idaho and the City Code of Meridian. C. Other Rules of Procedure for Public Hearings The conduct ofa public hearing shall be subject to State law and City ordinance. Any matters otherwise not governed thereby involving procedure shall be governed by "Roberts Rules of Order", the latest edition thereof, as is applicable to the matter under consideration. For good cause the Council may modify the application ofthe rules set forth in this policy at the beginning of any public hearing. D. Additional Process of Public Bearings before the City Council The general order of the hearing is identified below. The provisions of this section may be modified at each hearing depending upon the circumstances with regards to application or permit request and in accordance with the provision of due process rights to all interested and affected parties. 1. Staff Report. The Planning and Zoning Department and/or the Public Works staff, as is appropriate, shall have prepared and completed a staff report or an amended report, as the case may be) on the application or permit which is the subject of the public hearing. The staff report, or an amended report, when completed shall be made available to the public and affected parties at the City Clerk's office. 2. Pre-Mark Exhibits. Applicants and affected property owners who seek to admit exhibits at public hearings are encouraged to provide those exhibits to the City Clerk before the public hearing for marking. Exhibits may become the property of the City and should be able to be displayed or viewed by the Council and the attendees of the hearing. 3. Sign~ U p Sheet. A sign-up sheet for each public hearing shall be made available in the Council Chamber or meeting room where the hearing is held for those who wish to speak at the public hearing. Persons wishing to testify will have priority based upon their placement on the sign-up sheet. 4. Agenda Call/Adjournment Hour. When the City Council has considerable agenda, the Council at the beginning of its meeting, following the consent agenda, may determine how many public hearings will be heard. The Mayor may request those in attendance to identify whether their public hearing is ready to be heard and determine how many witnesses are appearing for and against the application in each ofthe public hearings. After receiving this information the Council may then determine the public hearings that can be heard at the meeting, during reasonable hours. The Council may designate which public hearings will be conducted with the appropriate motion to continue the remaining scheduled public hearings, provided that the oldest matter should be heard first. NOTE: For the purposes of this step, it is hereby determined that hearing, testimony and receiving evidence and deliberating on matters after 11: 00 o'clock p.m. will require a special motion on the part of the Council to continue public hearing) otherwise the public hearing will be reset until the next available date. E. Format Announced before Public Hearings Prior to the conduct of any public hearing, the Mayor may inform those in attendance of the format and procedure for public hearing and may include any or all of the following to wit: 1. Agenda Call (See above Section D(4).) 2. The Mayor identifies all of the public hearings that will be heard that evening. The Mayor shall then advise that all persons appearing and wishing to testify are asked to sign on the appropriate sign-up sheet for the public hearing in which they wish to testify. 3. The Mayor explains the general format for public hearings. Detail of the format is below. 4. FOR CITY COUNCIL HEARINGS ONLY. The Mayor explains that some items may be placed on an abbreviated hearing agenda with a general format as follows: --Question to the applicant regarding agreement with the conditions of approval. --Question to the public regarding any adverse testimony or questions that could be briefly answered by staff --Question to the Clerk for any additional written testimony that needs to be added or acknowledged for the record --Question to the Council regarding objection to place the item on the abbreviated hearing agenda. --Place items where: 1) applicant is in agreement with conditions of approval 2) where there is no adverse public testimony; and 3) where Council and Mayor agree to an abbreviated hearing agenda. --Approve abbreviated hearing agenda by one motion. F. Hearing Format for Each Public Hearing. The following is the format for each public hearing. 1. Staff Report: Staff shall make an oral presentation including staff's review of the staff report and staff shall then move to introduce the staff report and exhibits identified in the report as part of the record. 2. Testimony and evidence received: · Applicant (up to fifteen (15) minutes) · Parties in favor those in favor ofthe application/appeal. (Three (3) minutes) o Follow the order on the sign up sheet. Start with a designated representative) if applicable, allow up to ten (10) minutes. Party must identify the group they represent and other parties forgo their opportunity to present testimony by using a representative. . Testimony by any other party that did not sign up Testimony and evidence on rebuttal by the applicant or their representative. o Five (5) minutes, but may be increased to a reasonable time period determined by the Chair with the consent of the Council 3. Close the Receipt of Testimony and Evidence. This can be done by the Mayor, when in the opinion of the Chair) no further new evidence is necessary and all parties have had their opportunity to be heard. The applicant shall always have the opportunity to address the Council last. This action does not require a vote. 4. Deliberation a. Mayor announces what Council has to consider and determine. b. Council members discuss the matter (only evidence that is part of the record which includes testimony and exhibits should be the subject matter of these discussions.) c. The Council can ask for a legal opinion if it needs one to complete the deliberation. d. The Council can take the mater under advisement to render an opinion at the next meeting date or at a date certain. e. Prior to any final motion the Mayor shall declare all evidence is entered and the hearing is closed. 5. Decision The Council shall make final dispositive motions to render a decision and direct that Findings of Fact, Conclusions of Law, and/or Decisions and Orders, for approval or denial with or without modifications, as necessary, be prepared, in conformance with the decision, and to submit the same for approval to the City Council at a future scheduled meeting. Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the afftrmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication and after November 1) 2004. PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2004. APPROVED by the Mayor of the City of Melidian, Idaho, this _ day of , 2004. >,' ArrEST: CITY CLERK APPROVED: MAYOR October 8, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT Larkspur, LLC RZ 04-009 October 12, 2004 ITEM NO. 15 REQUEST Ordinance - Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and l-0 zones for larkspur Subdivision - 2090, 2190, and 2240 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordinance ..rI/ 0 CO Ifi'~ /\ \ ON OTHER: Contacted: <d<a....~ W~ ~ Emailed:o...<().lc.K..\-t-eo...S()(-(.v a.\ \e Date: (\:) Ii \ t 04 Phone: , Staff Initials: ~ ~. -c.-tf..:> ~ c.ot"\ Materials presented at public meetings shall b orne property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.c. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- II tJ!3 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance ofthe City of Meridian granting rezoning for land owned by Calderwood Community, LLC, Jack and Carolyn Siemsen and Donald Minegar., to be known as Larkspur Subdivision, consisting of 16.49 acres and commonly located 1/3 mile south of the southeast intersection ofN. Meridian Road and E, Overland Road) Section 19, Township 3 North, Range 1 East) Boise Meridian, City of Meridian, Ada County, Idaho, with a zoning designation ofR-4 Low Density Residential, R-8 Medium Density Residential and L-O Limited Office; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION (Northwest Parcel - L-O Zone) Land in the NW 'l'4 of Section 19, T3N, RIE, B.M., City of Meridian) Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence) along the West Line of said Section 19, South 0.55'00" West (SO.3 7'25"W of record - Warranty Deed Inst. No. 8758722), 1519.50 feet (1519.92 feet of record), to the Northwest Corner of Parcel I as described in that certain Warranty Deed, Inst. No. 103085774, Ada County, Idaho records, said point also being an extension of the southerly line of East Calderwood Drive, as shown on the Plat of Running Brook Estates as per the Plat thereof, in Book 65, at page 6636, Ada County Plat Records; thence, along said southerly right-of-way, South 89059'26" East, 60,01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, Instrument No. 8758722, and the POINT OF BEGINNING; thence, continuing along the southerly right-of-way of East Calderwood Drive, South 89059'26" East, 360.92 feet to a point; thence South 0.00'34" West, 388.95 feet, to a point on the North Line of that parcel of land described in Warranty Deed fust. No. 7515057) Ada County Records; thence along said North Line, North 89059'26" West, 367.08 feet, to a point on the Easterly right-of-way of State Highway 69; thence along said right-of-way, North 0.55'00" East, 389.00 feet) to the POINT OF BEGINNING. Containing 3.25 acres, more or less. (Northeast Parcel- R-8 Zone) Land in the NW 14 of Section 19, T3N, RIE, B.M.) City of Meridian, Ada County) Idaho) described as follows: COMMENCING at the Northwest Comer of said Section 19; thence, along the West Line of said Section 19, South 0055'00" West (S003T25"W of record - Warranty Deed lust. No. 8758722), 1519.50 feet (1519,92 feet of record), to the Northwest Comer of parcel I as described in that certain Warranty Deed) Inst. No. 103085744, Ada County) Idaho records, said point also being an extension of the southerly line of East Calderwood Drive) and the Plat of Running Brook Estates, as per the Plat thereof, in Book 65, at Page 6636, Ada County Plat Records; thence, along said southerly right-of-way, South 89059'26" East, 420.93 feet, to the POINT OF BEGINNING; thence, continuing along the southerly right-of-way of East Calderwood Drive, and the South Line of Running Brook Estates, South 89.59'26" East, 699.23 feet) to the southeast comer thereof, also being a point on the West Line of the Meridian Greens, Unit No.3) as per the plat thereof, in Book 63, at Page 6402, Ada County Plat records; thence along said West Line, South 0047'20" West, 388.99 feet, to a point on the North Line ofthat parcel ofland described in Warranty Deed Inst. No. 7515057, Ada County Records; thence along said North Line, North 89059'26" West, 693.94 feet; thence North 0.00'34" East, 388.95 feet, to the POINT OF BEGINNING. Containing 6.22 acres, more or less. (Southeast Parcel- R-8 Zone) Land in the SW 14 NW 14 of Section 19, T3N, RIE, B.M., City of Meridian, Ada County) Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence, along the West Line of said Section 19, South 0055'00" West (S0"37'25"W of record - Warranty Deeds Inst. No. 8908046 and Inst. No. 8908047), a distance of 1908.50 feet (1908.92 feet of record), to the Northwest Comer of a tract ofland as described in that certain Warranty Deed, lnst. No. 7515057; thence, along the North Line of said tract of land, South 89059'26" East, a distance of 60.01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, Instrument No. 8908046; thence, continuing along said North Line, South 89059'26" East, a distance of258.08 feet, and the POINT OF BEGINNING; thence, continuing along said North Line, South 89059'26" East, a distance of 802.94 feet, to a point on the West Line of The Meridian Greens, Unit No.3, as per the plat thereof, in Book 63, at Page 6402, Ada County Plat records; f thence along said West Line, South 00'41'20" West, a distance ef 194.37 feet, to. a found Vi inch rebar; thence continuing along said West Line) South 00'39'57" West, a distance of 194.65 feet, to. a faund 5/8 inch rebar marking the Nertheast Comer afEdmonds Subdivisian as per the plat thereof) in Book 33, at Page 2050, Ada County Plat records; thence along the North Line thereof, North 89'51'32" West (N 89059'15" W ofrecard), a distance ef769.29 feet; thence Narth 00000'34" East, 194.32 feet; thence No.rth 89'58'56" West, 28.78 feet; thence Narth 00000'34" East, 194.24 feet, to the POINT OF BEGINNING, Containing 7.02 acres) mere or less. (Sauthwest Parcel- R-4 Zene) Land in the SW ~ NW ~ of Section 19, T3N, RIE) RM.) City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Sectian 19; thence, alang the West Line of said Section 19, South 0055'00" West (SO'31'25"W of record - Warranty Deeds lust No.. 8908046 and lnst. No. 8908047), a distance of 1908.50 feet (1908.92 feet af recard), to the Northwest Corner of a tract of land described in that certain Warranty Deed, lnst. No. 7515057; thence, along the North Line of said tract of land) Sauth 89059)26" East, a distance ef 60,01 feet, to. a point an the Easterly right-of-way af State Highway 69, as described in Warranty Deed, Instrument No. 8908046, and the POINT OF BEGINNING; thence, continuing along said North Line, South 89'59'26" East) a distance af258.08 feet; thence South 00000'34" West, 194.24 feet; thence South 89'58'56" East, 28.78 feet; thence South 00'00'34" West, 194.32 feet, to. a paint on the N011h Line of Edmends Subdivisian, as per the plat thereaf, in Boak 33 at Page 2050) Ada County Plat recerds; thence along said North Line, North 89'57'32" West (N 89'59'15" W of record), 293.01 feet, to a point an the Easterly right-af-way af State Highway 69; thence alang said right-of-way, Narth 00'55'00" East, 388.45 feet, to. the POINT OF BEGINNING. Containing 2.46 acres, more or less. ,., (. \.. ( A full text ofthis ordinance is available for inspection at City Hall, City of Meridi;f1' 33 East Idaho) Meridian, Idaho. This ordinance shall become effective on the /2-/:- dayof tJ~~ ,2004. , I II \1111 f 11/ III \\\\ 11II ,\\\ Of MEltli" 11/; ....' A~ VIA ;; "..,........ -,.,1.// .:;:..... u o'f\PORAr, 'V S .2 ~G ~o ~ ...." S ~A City of Meridian Mayor and City Council :: SEAL - By: William G. Berg, Jr., City Clerk % ~~ .....f 0 ! ~;'<> u.sr 151; , .;f-.? First Reading: / 0 - / t ....- p 4- //I",,"I/':1~... ~I 'f):~~'::- 'I .-VUN1"'\' "l'" Adopted after first reading by suspension o((f{&IRmA~:il6,~bowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: - Z:\Work\M\Meridian\Meridian 15360M\l..arkspur II RZ 04009 PP04-023 CUP 04-025\OrdiIlSumm RZ-04-009.doc ADA COUNTY RECORDV~". DAVID NAVARRO BOISE IDAHO 10/22/04 'u,.,j2 PM DEPUTY Vicki Allen RECORDED - REQUEST OF CITY OF MERIDIAN AMOUNT .00 7 1111111111111111111111111111111111111 104134975 CITY OF MERIDIAN ORDINANCE NO. 04- II t) 8 AN ORDlNANCE FINDlNG THAT, CALDERWOOD COMMUNlTY,LLC, JACK AND CAROLYN SIEMSEN, AND DONALD MINEGAR, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED 1/3 MILE SOUTH OF THE SOUTHEAST lNTERSECTION OF N. MERIDIAN ROAD AND E. OVERLAND ROAD, WITHlN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN) ADA COUNTY, IDAHO) TO BE KNOWN AS LARKSPUR SUBDIVISION, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS MADE A REQUEST FOR REZONlNG IN WRITlNG TO THE COUNCIL; AND THAT SAID LAND BE REZONED AND DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4), MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW) BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTlNG THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDlNANCE AND MAP OF THE AREAS TO BE REZONED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN) COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho) and that the City of Meridian has received a written request forrezoning by the owners of said Property, to-wit: ANNEXA nON AND ZONING ORDINANCE (AZ-04-003 - 1 ( LEGAL DESCRIPTION (Northwest Parcel- L-O Zone) Land in the NW 14 of Section 19, T3N, RIE, B.M., City of Meridian, Ada County) Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence, along the West Line of said Section 19, South 0055'00" West (S003T2Y'W of record - Warranty Deed fust. No. 8758722), 1519.50 feet (1519,92 feet ofrecord), to the Northwest Comer of Parcel I as described in that certain Warranty Deed, fust. No. 103085774, Ada County, Idaho records, said point also being an extension of the southerly line of East CaldelWood Drive, as shown on the Plat of Running Brook Estates as per the Plat thereof, in Book 65, at page 6636, Ada County Plat Records; thence, along said southerly right-of-way, South 89059'26" East, 60.01 feet) to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, fustrument No. 8758722, and the POINT OF BEGINNING; thence, continuing along the southerly right-of-way of East CaldelWood Drive) South 89059'26" East, 360.92 feet to a point; thence South 0.00'34" West, 388.95 feet, to a point on the North Line of that parcel ofland described in Warranty Deed fust. No. 7515057, Ada County Records; thence along said North Line, North 89059'26" West, 367,08 feet, to a point on the Easterly right-of- way of State Highway 69; thence along said right-of-way, North 0055'00" East, 389.00 feet, to the POINT OF BEGINNING. Containing 3.25 acres, more or less. (Northeast Parcel- R-8 Zone) Land in the NW 14 of Section 19, T3N) RIE) B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence, along the West Line of said Section 19, South 0055'00" West (S003T25"W ofrecord- Warranty Deed fust. No. 8758722), 1519.50 feet (1519.92 feet ofrecord), to the Northwest Comer of parcel I as described in that certain Warranty Deed, Inst. No. 103085744, Ada County, Idaho records, said point also being an extension ofthe southerly line of East CaldelWood Drive, and the Plat of Running Brook Estates, as per the Plat thereof, in Book 65) at Page 6636, Ada County Plat Records; ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 2 thence, along said southerly right-of-way, South 89059'26" East, 420.93 feet, to the POINT OF BEGINNING; thence, continuing along the southerly right-of-way of East Calderwood Drive, and the South Line of Running Brook Estates, South 89059'26" East, 699.23 feet, to the southeast comer thereof, also being a point on the West Line of the Meridian Greens, Unit No.3, as per the plat thereof, in Book 63, at Page 6402) Ada County Plat records; thence along said West Line, South 0047'20" West, 388.99 feet, to a point on the North Line of that parcel ofland described in Warranty Deed Inst. No. 7515057, Ada County Records; thence along said North Line, North 89"59'26" West) 693.94 feet; thence North 0"00'34" East, 388,95 feet, to the POINT OF BEGINNING. Containing 6.22 acres, more or less. (Southeast Parcel- R-8 Zone) Land in the SW 'l4 NW 14 of Section 19, T3N, RIE, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence, along the West Line of said Section 19, South 0"55'00" West (SO"37'25"W of record- Warranty Deeds Inst. No, 8908046 and lust. No. 8908047), a distance of 1908.50 feet (1908.92 feet of record), to the Northwest Corner of a tract ofland as described in that certain Warranty Deed, lust. No. 7515057; thence, along the North Line of said tract of land, South 89"59'26" East, a distance of 60.01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, Instrument No. 8908046; thence, continuing along said North Line, South 89" 59'26" East, a distance of258,08 feet, and the POINT OF BEGINNING; thence, continuing along said North Line, South 89059'26" East) a distance of802.94 feet) to a point on the West Line of The Meridian Greens, Unit No.3, as per the plat thereof, in Book 63, at Page 6402, Ada County Plat records; thence along said West Line, South 00"47'20" West, a distance of 194.37 feet, to a found 12 inch rebar; thence continuing along said West Line) South 00"39'57" West, a distance of 194.65 feet, to a found 5/8 inch rebar marking the Northeast Comer of Edmonds Subdivision as per the plat thereof, in Book 33, at Page 2050, Ada County Plat records; thence along the North Line thereof, North 89057'32" West (N 89059'15" W of record), a distance of 769.29 feet; thence North 00"00)34" East, 194.32 feet; thence North 89058'56" West, 28,78 feet; thence North 00000'34" East, 194.24 feet, to the POINT OF BEGINNING. ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 3 Containing 7.02 acres, more or less. (Southwest Parcel- R-4 Zone) Land in the SW ~ NW 14 of Section 19, T3N, RIE, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Section 19; thence) along the West Line of said Section 19, South 0055'00" West (S0"37'25"W of record - Warranty Deeds Inst. No. 8908046 and hlst No. 8908047), a distance of 1908.50 feet (1908.92 feet of record), to the Northwest Comer of a tract of land described in that certain Warranty Deed, Inst. No, 7515057; thence, along the North Line of said tract of land, South 89059)26" East, a distance of 60,01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, Instrument No. 8908046, and the POINT OF BEGINNING; thence) continuing along said North Line, South 89059'26" East, a distance of258.08 feet; thence South 00000'34" West, 194.24 feet; thence South 89058'56" East, 28.78 feet; thence South 00000'34" West, 194,32 feet) to a point on the North Line of Edmonds Subdivision, as per the plat thereof, in Book 33 at Page 2050, Ada County Plat records; thence along said North Line, North 89057'32" West eN 89059'15" W ofrecord), 293.01 feet, to a point on the Easterly right-of-way of State Highway 69; thence along said right-of-way, North 00055'00" East, 388.45 feet, to the POINT OF BEGINNING. Containing 2.46 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby rezoned and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance rezoned to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4), Medium Residential District (R-8) and Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDlNANCE (AZ-04-003 - 4 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed) rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage) approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and ~50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I Zt1:: day of t7~6&-- ,2004. APPROV,;ED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /2-~ day of a/[)~ ,2004. ATTEST: ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 5 First Reading: / Vl-/2 -t:?4- Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50- 902 Yes: )C No: Second Reading: Third Reading: STATE OF IDAHO, ) )ss. County of Ada ) On this 1 ~ day of De-+o b-er , 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 written. ",n ......lrff ", E L 1#, ~.." ~\C '.5' #'f: ..."'.. ~ .......... 4t-.... #.... .: ...., .0 .. ~::.. ~ ;".. o. .,..-..;.. ,. ';' : ~OT.4. "......".,. ';. ~.. 1l : f.:J,,:: : : ...... :. ~ IlL C. ~ )~ .I> ~ \ PUBL1C: ~ ~1./.\ ..1:- ~ ."...~ "'"Ii!;. .. ~ . ... of< 0 .} '1'<..... '..(" .....i.,.oIIIV~'"oftI.v +.-~ z:\Work\M\Meridian\MerrlHall15(16.o~It<s.p~lillii RZ 04 009 PP04.Q23 '....~.... , ~ ;,.... (SEAL) nJu NOT Y LIC FOR IDAHO RES IN, AT: IlI/€/I\cI;f{/I'-- MY ~ISSION EXPIRES: 01./ bolo 7 I I CUP 04.{)25\AZOrd RZ-04..o09.doc ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 6 ~ ~ g o .-.,,- lLJ ---i ~ol1 lJ) I- '" ~ II ---ii .~ ~ ~ ~ I ~ ~ ~ ~ ~ ........ \ ~ \1 ~ ~ October 8, 2004 MERIDIAN CITY COUNCIL MEEfING AZ 04-013 October 12, 2004 APPLICANT Lyons Development, LLC ITEM NO. 16 REQUEST Ordinance - Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It storage Facility - southwest comer of Stoddard Road and West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~o~ ~~ Date: /0 {" kYi Phone: Emailed:-eS-elKw.e..5.to . ('\ -e.- +- Staff Initials: LtC Materials presented at public meetings shall become property of the City of Meridian. See aHached Ordinance ,/ ~ 4 ~ ~/tlO c ~... ADA COUNTY RECORDf DAVID NAVARRO BOISE IDAHO 10/22104 \.,.J2 PM DEPUTY Vicki Allen 11111111111111111111111111111111I1111 RECORDED-REQUEST OF 104134976 CITY OF MERIDIAN AMOUNT .00 5 CITY OF MERIDIAN ORDINANCE NO. 04- II () 1 AN ORDINANCE FINDING THAT, IDAHO POWER COMPANY, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF OVERLAND ROAD AND STODDARD ROAD, WITHIN SECTION 24) TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, TO BE KNOWN AS STOW-IT SELF STORAGE, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho) and that the City of Meridian has received a written request for annexation to the City of Meridian) Idaho, by the owners of said Property, to-wit: LEGAL DESCRIPTION A parcel of land lying in the NE ~ of the NW ~ of Section 24, T.3N., R. 1 W., RM., Ada County, Idaho, more particularly described as follows: Commencing at the ~ comer common to Sections 13 and 24 of said T.3N., R.lW., said point ANNEXATION AND ZONlNG ORDlNANCE (AZ-04-003 - Page] of 4 being the REAL POINT OF BEGINNING,;, Thence South 00051'53" West, 1164.75 feet on the east boundary of said NW y,j of Section 24; Thence North 89006'56" West, 33.00 feet to a point on the centerline extended of the Hardin Drain; Thence North 46039'41" West) 347.48 feet on the extended centerline and the centerline of the Hardin Drain; Thence North 40042'05" West) 265.61 feet on the centerline ofthe Hardin Drain; Thence North 45000'56" West, 161.99 feet on said centerline; Thence North 60018'32" West, 107.71 feet on said centerline; Thence leaving the centerline ofthe Hardin Drain, North 00041'54" East, 566.91 feet to the REAL POINT OF BEGINNING. Containing 13.50 acres, more or less, SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County) Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereofin contlictherewith are hereby repealed, rescinded and annulled, SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - Page 2 of 4 SECTION 7: The Clerk ofthe City of Meridian shall) within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian) including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho) to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code g63-2215 and g50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 12~ day of C~~ ,2004. AP~ROV~D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /2- -I!... day of P'dH bv.- ,2004. /, 'J -" Y \\\ 0 ATTEST: \,\ -.{ /..> ,~""v~~ ry';"-=:'~ ~ (~'^. % s ~p~/~l SEAL ~ CITY CLERK ~ l'eo ...q,& i ~..,o ~'lSi ' .!? ,;:;. , . / ,., ~/'" -- 0 ..d--. -:.-..... ~ .t:'\ ~ ...,' FIrst Readmg: v ~ T ............., C-OU......-..t . 'v,...',,,,' . 0 Ntl .~ Adopted after first readmg by suspenS1(mI~x.fj'~'Rule as allowed pursuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: STATE OF IDAHO, ) )S8. County of Ada ) ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - Page 3 of 4 On this i ;2.+k day of oJo ber , 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 written. ~~...,' .1I"t." ~...., leE L ..... ~~...'\~~.......... 81,-.:...... ~~ ..0 eo. .,.~ ~ _. CI ~.".. :-..J.: ~ 0 T -1 .b 0....... ~ :; ~ : '(( J-' t : i : ..... : : ; "p :*= : $~. VBLIe: S ~ ",?-;. 10. .0,: .... ~',. "Ii.. , 0- 0 ~ "'. -11; ..............~. ........ Z:\Work\M\Meridian\MettiWn [(s'-l'60MlS~~torage AZ 04-013 CUP 04--0 I7\AZOrd AZ-04-0 13.doc "1Ir...,.&.~ ~.. ..1:11. tIU1.\'\ (SEAL) " /eLlL ANNEXA nON AND ZONING ORDINANCE (AZ-04-003 - Page 4 of 4 W. OVERLAND ROAD ~1Sf1NG cirl' wilTS BOuNOAiii~ Ei?A:' ~ Im--- I I I I ~I'" I()~ ~!;l) ...reD bID o I!) zl I I N BO' '0> '&'..J ,>" !..?~ 1- /6' 'IT.s:\ ~.9. Oo~~ s_ 89.06'56~E __ MERIOIAN 13 N 1~ -- - ~I \~ ~.. 3 _______. . 677.82' .. =-~ c6Ufu'(- - - 24-~., R.1W.- - REAl POINT OF BEGINNING I I /0 ~ 10: " ~ ~ (/) 100 I I '1<- \. ~'V. ~6'15' ? '6' O.s /',4- , ~ tlr~ 0'1--//01 '1-- , ,r6' ifi)..~.9' ~~~~i;,- , I I ~t ~I~ !OI~ ~r= I I , I , tl ,! ~~ 'x "-' PROPOSED MERIDIAN ANNEXATION STOW-IT SELF STORAGE SITE LOCATED IN THE NE 1/4 OF THE NW 1/4 SECTION 24, T.3N., R.1W., 8.M., ADA COUNTY, IDAHO , SCALE = 1" = 100' \40303.,. NG 05 AflA COUNff MERIOIAN f= III m ENGINEERING SOLUTIONSLLP EAGLE, IDAHO ( NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- I / tJ1 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance ofthe City of Meridian granting annexation and zoning for land owned by Idaho Power Company, to be known as Stow-It Self Storage) consisting of 13.5 acres and commonly located on the southwest comer of the intersection of Overland Road and Stoddard Road, within Section 24) Township 3 North, Range 1 West, Meridian, Idaho) with a zoning designation of C-G General Retail and Service Commercial; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION A parcel of land lying in the NE ~ of the NW ~ of Section 24, T.3N., R. 1 W., B.M" Ada County, Idaho, more particularly described as follows: Commencing at the ~ comer cornmon to Sections 13 and 24 of said T.3N.) R.l W., said point being the REAL POINT OF BEGINNING,;, Thence South 00051 )53" West, 1164.75 feet on the east boundary of said NW ~ of Section 24; Thence North 89006'56" West, 33.00 feet to a point on the centerline extended of the Hardin Drain; Thence North 46039'41" West, 347.48 feet on the extended centerline and the centerline ofthe Hardin Drain; Thence North 40042'05" West, 265.61 feet on the centerline of the Hardin Drain; Thence North 45000' 56" West, 161.99 feet on said centerline; Thence North 60018'32" West) 107,71 feet on said centerline; Thence leaving the centerline ofthe Hardin Drain, North 00041'54" East, 566.91 feet to the REAL POINT OF BEGINNING. Containing 13.50 acres, more or less. l A full text of this ordinance is available for inspection at City Hall, City of Meridi~, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the (2--1:..- day of 6??k~ ,2004. 11111/ \\\\\\\1 1/11111 ,\,,~ of MEliJO/'.f,; ,.;:.' ~"' I'-</. '<-,.. ~ c} o'i'5'oR/1}'; ~ ~ ~.o ~o S ,~~ ~ ~ S ~a- City of Meridian Mayor and City Council ~ ~ By: William G. Berg, Jr., City Clerk %"'.0 Qv.sr 1Si . >.;; J:?.f ~/ "-1 ~~ ....'.:;. First Reading: I P -/ :z- -?' {--- .I///I/I,70UNT'i . \\\\\\," 1I((IIUUl~\I\t Adopted after first ~e~ding by suspension of the Ru e a~ allowed pursuant to Idaho Code 50-902: YES l' NO Second Reading: Third Reading: October 8, 2004 MERIDIAN CITY COUNCIL MEErING APPLICANT Sutherland Farm, Inc. RZ 04-006 October 12, 2004 ITEM NO. 17 REQUEST Readopt Ordinance No. 04-1095 - Request for a Rezone of 16.1 acres from R-4. to R-8 zone for Sutherland Farm Subdivision No. 4. - east of South Eagle Road and north of East Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~V;~/loq0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDE~ I DAVID NAVARRO BOISE IDAHO 10122/04 ( l PM DEPUTY Vicki Allen. 111111111111111111111111111111111I111 RECORDED-REQUEST OF 104134974 CITY OF MERIDIAN AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. 04- ! tJq 5 AN ORDINANCE FINDING THAT THE OWNERS, SUTHERLAND FARM, INC., FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED APPORXIMATEL Y Y2 A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 D REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for are-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to R-8 (Medium Density Residential) District as defined under Meridian City Code S 11-7-2 D; and LEGAL DESCRIPTION FOR SUTHERLAND FARM SUBDIVISION NO.4 SUTHERLAND FARM SUBDIVISION NO.4 (R-8) RZ-04-006 / RE-ZONE ORDINANCE PAGE 1 OF 5 A parcel ofland situated in a portion of the Southwest Y4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Southwest comer of Section 21) from which a brass cap marking the South 1;4 comer of Section 21, bears South 89035'53" East, 2,657.22 feet; thence along the Westerly boundary of Section 21, North 00000'1 T' West, 1,350.08 feet to a 1" drill steel marking the South 1/16 of said section; thence continuing along said boundary, North 00000'01" West) 309.85 feet to a point; thence South 89007'46" East, 525.00 feet to the POINT OF BEGINNING; thence North 00000'01" West, 253.90 feet; thence North 00052'14" East) 374.51 feet; thence North 89007'46" West, 58.60 feet; thence North 35057'31" West, 55,00 feet to a point on the center line of the Ridenbaugh Canal; thence along said center line the following courses and distances; N011h 54002'29" East, 119.05 feet; along a curve to the right 505.36 feet, having a radius of 500,00 feet, a tangent of 276.64 feet, a delta of 57054'35", and a long chord which bears North 82059'46" East, 484.12 feet; South 68002' 56" East, 352.10 feet; South 88030'26" East, 95.99 feet to a point marking a Northwest comer of said Sutherland Farm Subdivision No.3; thence along the Westerly and Northerly boundary of said subdivision the following courses and distances: South 00052'14" West, 472.47 feet; South 29026'52" West, 116.07 feet; South 45052'14" West, 38.36 feet; South 20052'14" West, 125.23 feet; North 69007'46" West, 20.96 feet; along a curve to the left 148.35 feet, having a radius of 425.00 feet, a tangent of74.94 feet, a delta of 20000'00") and a long chord which bears North 79007'46" West) 147.60 feet; North 89007'46" West, 55.47 feet; North 44007'46" West, 28.28 feet; SUTHERLAND FARM SUBDNISION NO.4 (R-8) RZ-04-006 I RE-ZONE ORDINANCE PAGE 2 OF 5 !.: North 85039'41" West, 66,12 feet; South 45052'14" West) 28,28 feet; North 89007'46" West, 451.95 feet to the POINT OF BEGINNING. Containing 16.104 acres, more or less. 1. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 2. The real property which is the subject ofthis ordinance is legally described in Section L L on page 2 and 3 of this Ordinance. SECTION 2. That the above-described Property be, and the same is herebyre-zoned and designed (R-8) Medium Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 3 ofthis ordinance is subject to the terms and conditions of that certain First Amendment to Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 2 ~ day of /Jkr-r , 217174') and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby SUTHERLAND FARM SUBDNISION NO.4 (R-8) RZ-04-006 I RE-ZONE ORDINANCE PAGE 3 OF 5 repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage) approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /2-1A. day of t?C~~ ,2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /2rt:.- day of ...:?cn::- 6<.-- ,2004. Attest: First Reading: / () -12- .....04- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: '>C No: Second Reading: Third Reading: STATE OF IDAHO, ) ss. SUTHERLAND FARM SUBDIVISION NO.4 (R-8) RZ-04-006 / RE-ZONE ORDINANCE PAGE 4 OF 5 County of Ada. ) On this I..z+'" day of Oc--k be,-- ,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 abo~"mr.itten. ,." "" ,......... C'e. L. 84["'" ....... ~i;. ........ :t.)l '''.. :; '" .. .. 1. ~ ~~/ ..'r<:- :: .. ~oT A.R.r.. ~ : : ,,- T. * ': .. * . .....~ ... .. - . . - :,. C:: \. .. PUB\..\ ... $ Y OrvrMISSIONEXPIRES: 0 ::to 07 <:- <P. .. · C .: ~ .;-. .. ... ...... ,:> il', :"1. ....... h"",:> Z:\Work\M\Meridian\Mer~~.lrJtfY1t\S\l"iller~ Farm Subdivision No.4 RZ-04..Q06 PP..Q4..Q09 CUP-04..Q09\Revised legal descrip '".........".'.. RZOrdinance.doc (SEAL) ~.~ SUTHERLAND FARM SUBDIVISION NO.4 (R-8) RZ-04-006 / RE-ZONE ORDINANCE PAGE 5 OF 5 ~ " :. ~ \ N3S"57'31nW 55.00' 23 22 21 20 19 64 65 ~ >- -t'>.j 66 ~ l() b 67 ~ 0 21 ir 66 :r: 0- w 69 z vi 70 71 5 9 10 72 73 LOT 1. BLOCK 14- E. ROLFE 51 84 Il5 POINT OF BEGINNING --- C-1 .------'44----_ 58 57 S88"30'26nE 95.99' 4-4 45 42 "<I- 41 N 40 I'- "<I- 3: 39 :q. ~ N 38 U') 0 0 37 (f) 36 BLOCK 11 451.95 S45'S2'14"W 1) 28.28' N8S'39'41"W 66.12' Ne9'07'46"W 55.47' N44'07' 46"W 28.28' "'69"07' <Q 96,46 hljt N. JL lr - - -- o SCALE: 200 1" =200' . 400 200 100 lHlS~.M()TH~~~=!~1EOHEREl~ CAOFLE:EXI-I19D"o-flNORY C:H ~ ASANINS'1'RU1oENTOP~tOfW.saMCE.ISTHSF'ROPEATY'OF PROJ..f: rJ U B ~:~~:.f~~~"Am". PlOT~,..sw ,. ~ \10 } A1tTHOR/ZIo.llONOF~.a~NEERS.b:, ~:=:.~B~ ~ DESlGN BY: girl."..,. -&i~~ ~cnnW":ll No iUMSION OfSCRlPllON' BY OA.TE CMECKEDBY; SUTHERLAND FARM SUBDIVISION NO, 4 SHEET 1 OF 1 ** TX':, i IRMATION REPORT ** AS OF OCT 08 '0,f" 40 P!'IGE.01 CITY OF MERJDJ!'IN DATE TIME TO/FROM MODE MI WSEC PGS CMDll STATUS 03 10/08 16'56 3810160 EC--S 02'21" 004 072 OK 04 10/08 16:58 PUBLIC WORKS EC--S 01'22" 1304 072 OK 05 10/00 17:00 12004664405 EC--S 01'23" 004 072 OK e6 llMel8 17:02 2008840744 EC--S 01'25" 004 072 OK 07 10/08 17:04 POLlCE DEPT EC--S 01'23" 004 072 OK 00 10/08 17:07 8985501 EC--S 131'21" 004 072 OK 09 10/08 17:08 LIBRARY EC-S 01'49" 004 072 OK 1I!l 10/08 17:11 92083776449 EC--S 01'21" 004 072 OK 11 10/08 17'12 3886924 EC--S 01'21" 004 072 OK 12 Hl/OO 17'142088886854 EC-S 01'21" 004 1372 OK 13 10/08 17'162088950390 EC-S 01'22" 004 e72 OK 14 Hl/OO 17' 18 128300040 G3-5 01'45" 004 072 OK 15 10/08 17:21 2138 387 6393 EC--S 131'22" 004 072 OK 16 10/00 17'22 ADA CTY DEUELMT EC-5 01'22" 004 072 OK 17 10/08 17:24 8885052 EC--S lil1'21" 004 1372 OK 18 10/00 17'26 CHERRY LANE G3--5 02'39" 004 072 OK 19 10/08 17'30 IDAHO ATHLETIC C EC--S 01'22" 004 1372 OK 20 10/08 17'32 10 PRESS TRIBUNE EC--S 01' 22" 004 072 OK 21 1<)/08 17: 34 2088886701 EC-S 01'22" 004 072 OK 22 10/08 17:39 8841159 EC--S 01'23" 004 072 OK PI{"o.~ Post W KLb\\l!..- rvU"tIL-~ - \r\.w\t::>~! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda; 5, Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: B. Tabled from October 5, 2004: Land Lease AQre9ment with Ken Hamilton Prl'!sentations: C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWl Associates, LLC- 5603 N. Locust Grove Road: D. Findings of Fact and Conclusions of Law for Denial: PP 04. 024 Request for Preliminary Plat approval for 89 buitding lots and 20 common lots on 29.69 acres in proposed R-4. CoN and L-Q zones for proposed Leashir. Subdivision by SWI Associates, LlC - 5603 N. Locust Grove Road: E. Findings of Fact and Conclusions of law for Denial: CUP 04- 026 Request for a Conditional Use Pennit for a mixed use Planned Development consisting of single family residential and commercialfoffice useS with reductions to the minimum requirements for lots size, side yard setbacks and minimum street MC'ridi~ C~ty CcJuftciLAc;:ndn.. Oaob<< 12..2004 Page 1 o.f4 All ~Ur. prtuntcd "t public ~"'g1i:ihdl b-tc:a\'n.o~yof1ho Ciiy ~rMcridiol1l Anyone dsirlrlg "OOI1WQd.ttion [Of'" diWloi:!l:t:it~ te~3I/:d10 documaJts: :.ndfQrhW'int pJ.... <<>ntaalh.CiLY Clod,', Ofli" ot 18804433 '" 1_41 hOU<> l"i,....1h< publi<: meWnll- ** TX" lRMAIION REPORT ** , AS OF OCT 11 '04. 41 f'RGE.01 CITY OF MERIDI~N DATE TIME TO/FROM MODE M]WSEC PGS CMDIl STATUS 01 10/11 12'52 38H1160 EC--S 02'46" 005 077 OK EC 5 01'35" 005 077 OK 02 10/11 12' 55 PUBL I C WORKS - "77 Ol< ..c S 01'36" 005 '" 03 10/11 12: 57 1200466<1405 ~ -- """'" OK EC S 01'34" 005 "''' 04 10/11 12:59 8841159 EC=5 "1'38" 005 077 OK 05 10/11 13'01 2088840744 '" EC S "'1'34" 005 077 OK 06 10,11 13:03 POLICE DEPT -- '" "77 OK 07 10/11 13'00 LIBRARY EC-S 02'65" 005 '" EC S "I' 33" 005 077 OK 00 lel/11 13: eEl 92083776449 -- '" OK 09 H3/11 13: 10 3886924 EC-S 01' 33" 005 077 10 10/11 13' 12 2008886854 EC-S 01' 33" 005 077 OK 11 10/11 13'142088950390 EC-S 131'34" 005 0n ~~ 12 10/11 13: 16 1283001040 G3-S 132'03" 005 077 13 10'11 13: 19 208 387 6393 EC--S 01' 33" 005 077 ~~ 14 10/11 13:21 ADA CTY DEUELMT EC-5 01'34" 005 1377 OK 15 10/11 13'238885052 EC--S 01'33" 005 e77 OK 16 10/11 13:26 CHERRY LANE G3--S 03' 11" 005 077 C EC S "1'37" ees e77 OK 17 10/11 13:29 IDAHO ATHLET IC -- '" OK 18 10/11 13'32 JD PRESS TRtBUNE EC--S 1:11'37" 005 077 OK 19 10/11 13'342088886701 EC--S 01'36" ellS 077 OK 23 1e'1l 13:40 8985501 EC--S 01'32" 00~____~~~_______________________ ------------------------------------------------------------ nto.!;;.c. Yost {or f'u.b\,c. tJo-hc c. -l1r-C~i'\~S t,', Revilled October 11. 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12, 2004, at 7:00 p.m. City Council Chambers 1. RoJl-call Attendance: Shaun Wardle _ Bill Nary - Charlie Rountree Keith Bird - _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with CapItal Christian Center 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: B. Tabled from October 5, 2004: J..and lease AQreement with Kel) Hamilton Presentations: C. Findings of Fact and ConClusions of law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT 10 R-4, CoN and L-Q zones for proposed Leeshlre Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: D. Findings of Fact and Conclusions of law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29,69 acres in proposOO R-4, CoN and L-O :;:;ones for proposed Leeshlre Subdivis.ion by SWI Associates. LLC - 5603 N. Locust Grove Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Panni! for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots Size, side yard setbacks and minimum street Mlri4i.on Cityc......il Ag<U4<-O_I2, ~004 f'S~ 10rs All_rol>ls J'l""Ill'lCl 01 pub)je....u.p.bolI b<",m. pr"I><riY.flbtCilyQfM<rldl= A.lIy.a. do.in", """'.......wi"" Cor <lIoM>ilil... TtlWd I. do"""",,"" """''''' b<cing pi...., """"<<t!I< City Cl<rlr.'. OffiOll" m-4ol~3 " l=t4S b.....1"lot lD lhc 1'111>1;': =tin&- ** TX CON. .1FlTlON REPORT ** 20 21 22 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 10/11 13'36 3810160 10/11 13:37 PUBLIC WORKS 10/11 13:38 12084G64405 10/11 13'42 8841159 10/11 13:43 2088840744 10/11 13:44 POLICE nEPT 10/11 13:45 8985501 10/11 13:46 LIBRARY 10/11 13:47 92083776449 10/11 13:48 3886924 10/11 13:49 2088886854 10/11 13:50 208 895 0390 r FlS OF OCT 11 '04 .3:50 PFlGE.01 CITY OF MERIDIAN MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'39" 001 00'27" 001 00'28" 001 00'29" 001 00'28" 001 00'Z7" 001 00'27" 001 00'34" 001 00'27" 001 00'28" 001 00'27" 001 00'27" 001 '[1f'o,se rDS.l: h~ f!).\'.:llll \"\1\1'-'-. .f!) ,t.:,_, ~,..,t: cay or t~~t. Wendian ._~'[: ~\ ~ IDAHO j "'r / . \' I "'~, . ,,'" ..... ) II~ ~"iI<IW 'l.. .,.L: , ~-;i MAYOR r..unmy de W.<:td CITY COUNCIL MEM~ER5 WilHam L. M. N~ty Keith Bi,d Charle~ M. I~ol.l ntree ShauI\ Watdle CUY DnPARThlENTS Fire 54() G. \'rMkli,) Ro~d 888-12.14/ (~X R95.()3Y() l'a,kR Ii:: Rc.tcalioll 11 E. Silwer Street 8SS-3579! ,,,,, 898-5501 Planning & 7."nin)\ 660 E. W~Lel'LoWet Lane Suite 202 884-5533/ fax 688-6854 Police 14m 1::. WntcrLower Lan. SIlB-c6n/fax 846-7366 Public Works 660 E. W~tertuw.r lane Suit. 2nn 898-5500 f!<lx S9~-955J . 13uilding 660 E. Watertower Lane Suite ISO S87.2211!fax li67-12.~7 . Sewer (WWTP) 34nl N. Tel' Mile Rt'ad 8RS-219ol / lax 884.0744 - Water 2235 N. W. 8th Street 868.5242/ fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL eMDII 078 078 078 078 078 078 078 078 1378 078 078 078 STFlTUS OK OK OK OK OK OK OK OK OK OK OK OK ,.'V,J......_.... 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, October 12,2004 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 Bfack Cat Sewer Trunk by David TumbuJ/ and Frank Vamate - Transportation Task Force Recommendations for TIP FY05 - Discussion of Remand Order for Alexandria Subdivision, Annexation and Zoning, Preliminary Plat, and Conditional Use Permit - Discussion of Site Specific Condition No. 15 forthe Final Plat for Bear Creek No.8 - Discussion of Odor Controf Study - Discussion of Ordinance for Appointed Officers - Discussion of Ordinance for City Attorney - Discussion of Ordinanoe for Conducting Meetings The public is welcome to attend the meeting. DATED this 6111 of October, 2004. ;.F 01.\\\'. CITY HALL 33 EAST [DAIIO AVENUE MER\l)tAN, IDAHO 83642 (208) 888-4433 CIlI' CLcn.-I<\.\ illlll.4218 HV,IAN RCSot;RCC~-I;\\ tl84.il723 1'1"',\Nr~ ~ unLiT\' grLLlN~-I'AX SH7'4813 !lA,"OI('S OfflCF.-FAX 864'8119 P\ f"l\~C. PQq}- lVr rLLbb ~ N at' \ LC - \ hO,J\ ~ l ~ , l CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: B. Tabled from October 5, 2004: Land Lease Aareement with Ken Hamilton Presentations: C. Findings of Fact and Conclusions of Law for Denial: AZ. 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian City Council Agenda - October 12,2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 46.4 ACRES TO R-8 ZONE FOR Chesterfield Subdivision Centennial Development, LLC, Applicant ) Case No. AZ-03-037 ) ) RECOMMENDATION TO CITY ) COUNCIL ) ) ) ) 1. The property is approximately 46.4 acres in size and is generally located east of North Black Cat Road and north of West Franklin Road) Meridian. The property is designated as Medium Density Residential. 2. The owner of record ofthe subject property is Centennial Development, LLC 3. Applicant is Centennial Development, LLC. 4. The subject property is currently zoned RUT and consists of vacant land. 5. The Applicant requests the property be zoned as R-8. 6. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following manner: as a 214 lot residential subdivision. 9. The Applicant requests zoning ofthe subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the subject property as Medium Density Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Planning and Zoning Commission recognized the concerns of neighboring residents and Joint School District No.2, expressed in their letters. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR Chesterfield Subdivision BY Centennial Development, LLC AZ-03-037 Page 1 \->\ to. ':; t.- lP S +{ O!~\...l b \. \ c.. tv 0 -h c c.. - \ \nCU\ F$ l, " Revised October 11, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: B. Tabled from October 5,2004: Land Lease Aareement with Ken Hamilton Presentations: C. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLG- 5603 N, Locust Grove Road: D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building tots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: E. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commerciaVoffice uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian City Council Agenda - October 12, 2004 Page 1 of 5 All materials presented at public meetings shall become property of the City ofMeridi/ll1. Anyone desiring acconnnodatio1'1 for disabilities related to documents and/or bearing please contact 1he City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Redfeather Village Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: 9. Continued Public Hearing from October 5, 2004: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: 10. Public Hearing: VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: 11. Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC - northwest comer of East Overland Road and South Locust Grove Road: 12. Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: 13. Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: 14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: 15. Ordinance No. RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-Q zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: 16. Ordinance No. AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facilitv by Lyons Development, LLC - southwest comer of Stoddard Road and West Overland Road: Meridian City Council Agenda - October 12, 2004 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring acconunodation for disabilities reiated to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. Findings of Fact and Conclusions of Law for Denial: PP 04-021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10,05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: o. Findings of Fact and Conclusions of Law for Denial: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for a mixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It StoraQe Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Q. Permanent and Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: R. Award of Bid for Drilling & Construction of Supply Well #26 for Treasure Valley DrillinQ: s. ChanQe Order No.1 for WWTP Clarifier #1 and #2 Protective Coati ng: T. StreetliQht AQreement for HiQhQate Subdivision: 6. Department Reports: A. Mayor's Office - Tammy de Weerd 1. Appointment of Public Works Director: 2. Appointment of City Council Member: B. Fire Department - Kenny Bowers 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No.4 at Eagle Road: 7. (Items Moved from Consent Agenda) 8. Continued Public Hearing from October 5, 2004: AZ 04-022 Request for Annexation and Zoning of 4,91 acres from RUT to R-8 zone for Meridian City Council Agenda - October 12,2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docllments and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hOllrs prior to the public meeting. frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch- 345 South Adkins Way: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw -128 East Pine Avenue: I. Findings of Fact and Conclusions of Law for Approval: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: K. Findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03- 070 Request for a Conditional Use Permit for a Planned Development for residential subdivision in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: M. Findings of Fact and Conclusions of Law for Denial: MI 04- 005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossina Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road Meridian City Council Agenda - October 12,2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised October 11, 2004 frontage for proposed Leeshire Subdivision by SWJ Associates, LLC - 5603 N. Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-030 Request for a Conditional Use Pennit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch- 345 South Adkins Way: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw - 128 East Pine Avenue: I. Findings of Fact and Conclusions of Law for Approval: VAR 04~005 Request fOr a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: K. findings of Fact and Conclusions of Law for Approval: PP 03- 046 Request for Preliminary Plat approval of 214 residential lots and 39 common lots on 46.40 acres in a proposed R-8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Slack Cat Road and north of West Franklin Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03- 070 Request for a Conditional Use Permit for a Planned Development for residential subdivision in a proposed R~8 (PO) zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of South Black Cat Road and north of West Franklin Road: M. Findings of Fact and Conclusions of Law for Denial: MI 04- 005 Request to allow direct lot access to North Linder Road from an existing home on Lot 21 Block 2 of Cobblefield Crossina Subdivision by CMD r Inc. - south of West McMillan Road and east of North Linder Road Meridian City Council Agenda - October 12, 2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone ~siring accommolblion 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 October 11, 2004 N. Findings of Fact and Conclusions of Law for Denial: PP 04-021 Request for Preliminary Plat approval of 30 residential four plex lots, 7 commercial lots and 8 common lots on 10.05 acres in a C-G zone for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: O. Findings of Fact and Conclusions of Law for Denial: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for a mixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: P. Development Agreement: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storaae Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: Q. Permanent and Temporary Easement Contract for the ~ Waterline Improvement Proiect. Eagle Road Waterline Extension: R. Award of Bid for Drilling & Construction of Supoly Well #26 for Treasure Vallev Drillina: S. Chanae Order No.1 for WWTP Clarifier #1 and #2 Protective Coating: T. Streetliqht Aareement for Hiahaate Subdivision: U. Request for Reconsideration for CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Davcare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive: 6. Department Reports: A. Mayor's Office - Tammy de Weerd 1. Appointment of Public Works Director: 2. Appointment of City Council Member: B. Fire Department - Kenny Bowers 1. Update on ZGA Contract with Meridian Rural Fire Protection District on Station No.4 at Eagle Road: Meridian City Council Agenda - October 12, 2004 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring l1cconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to 1Jle public meeting. ( Revised October 11, 2004 7. (Items Moved from Consent Agenda) 8. Continued Public Hearing from October 5,2004: AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: 9. Continued Public Hearing from October 5,2004: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: 10. Public Hearing: VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: 11. Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: 12. Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: 13. Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: 14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: 15. Ordinance No. RZ 04-009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: 16. Ordinance No. AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Meridian city Council Agenda - October 12, 2004 Page 4 of 5 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 October 11, 2004 Storaae Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: 17. Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council Agenda - October 12, 2004 Page 5 of 5 All materials presented at public meetings shall become property of the City ofMeridiRIL 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. 1 i ** TX C ,RMATION REPORT ** AS OF OCT 13 '04\ 46 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/5EC PGS CMDI1 STATUS 81 113/13 138:41 PUBLIC WORK5 EC--S 01'56" 0135 097 OK 02 16/13 68'43 12884664465 EC--S 01'58" 006 097 OK 133 113/13 138'46 8841159 EC--5 131' 56" 8135 897 Ok 04 10/13 08:48 2088840744 EC--S 02'01" 006 097 OK 0S 18/13 88:58 POLICE DEPT EC--S 01'56" l'l86 1397 OK 06 10/13 08'53 8985581 EC--S 01'55" 006 097 OK 07 113/13 88'56 LIBRARY EC--5 02'36" 806 097 Ok 08 113/13 08:59 92083776449 EC--S 01'55" 006 097 Ok 09 113/13 89:01 3a86924 EC--S 101'55" 006 097 OK 16 113/13 139'84 2088886854 EC--S 81'56" 006 097 OK 11 10/13 09:136 208 895 10390 EC--S 81'56" 006 097 Ok 12 10/13 109:09 1283101310410 G3--5 02'38" 006 097 Ok 13 18/1389:12 208 387 6393 EC--S 01' 54" e86 097 OK 14 18/1309'1588851052 EC--S 01'55" 006 297 OK 15 113/1309:17 CHERRY LANE G3--S 03'49" 1006 097 Ok 16 110/13 l'l9:22 IDAHO ATHLETIC C EC--S 01 '56" 0135 l'l97 Ok 17 1"1/13 89:24 [D PRESS TRIBUNE EC--S 61'57" 8106 1397 OK 18 10/13 09:27 2288886701 EC--5 01 '56" 006 297 Ok 19 113/13 09'33 ADA CTY DEVELMT EC--5 l'll'57" 006 097 OK 20 10/13 09:42 3810160 EC--S l'l3'24" 0136 097 OK Revised October ii, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 12, 2004, at 7:00 p.m. 1. City Council Chambers RoIl-calJ Attendance: 2- 3. ~ Shaun Wardle_ 0 Bi!\.Nery Vit.e:4l-J.-~ ..:t.- Charlie Rountree .=.x::: Keilh Bird -X- Mayor Tammy de Weerd A',d- X CA-.r-:f'h~ ~ Pledge of Allegiance; Community Invocation by Pastor Stan Kelly, with Capital Christian Center 4. Adoption of the Agenda: ~11f'h'~ <.r ~..c- 5. Consent Agenda: A. Approve Minutes of September 21, 2004 City Council Regular Meeting: "'7pn:>v--e.. B. Tabled from October 5, 2004: Land Lell$e AarGement with Ken Hamilton Presentations: ~W~ 10 1/- g..-p"f C. Findings of Fact and Conclusions of Law for Denial: AZ. 04- 017 R9quest for Annexation and Zoning of 29.59 acres from RUT to R-4, C-N and loO zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: ~ D. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdlyision by SWI Associates, LLC - 5603 N. Locust Grove Road; W'~ E. Findings Of Fact and Conclusions of law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercialfoffice uses with reductions to the minimum requiremenls for lots size, side yard setbacks and minimum street Meridian city COUO&iI A8toda- Om.b<r U, %QO.I P'II.t Q{~ All """";11. pr<flol.,hl ptlblie m<o\iOp iIIIU b..,.",. propmy of<!lc CJty ofMari<li... Any_ doKiring ....mmO<lalion ter dWl1Uilie. roblod to do<1ml<llll ">dJer ~ pk... ""'""<1111< City CJod('l Om<nI8&J.4433 >1_ 4$ boutt pri..-to""=l"'hlic ""'dme. e e r ' , I :,;: -' CITY OF MERIDIAN ORDINANCE NO. ~4--11 () 7 BY THE CITY COUNCIL: BIRD, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTIONS 1 AND 2 OF THE MERDIAN CITY CODE REGARDING THE APPOINTMENT AND REMOVAL OF DEPARTMENT DIRECTOR'S AND OTHER APPOINTIVE OFFICERS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, Section 1, Meridian City Code, be, and the same is hereby amended to read as follows: CHAPTER 8 CITY OFFICERS AND EMPLOYEES 1-8-1: APPOINTMENTS BY MAYOR: -Pc Specific Appointments: The mMayor, with the consent of the eCity eCouncil, shall appoint all Department Director's including a eCity eClerk, eCity aAttomey, eity pPublic wW orks superintendent Director, eChief of pPolice , chief of fire departm0J1t and assistants Fire Chief" Planning and Zoning Director" Parks and Recreation Director" and Finance Director. Additionallv" pursuant to Idaho Code 50-204 the Mavor with the consent of the City Council shall appoint a aaa eCity tTreasurer. (1955 Code ~ 1-801; amd. 1999 Code; amd. 2004 Code) B. Offices Hereafter Created: The mayor, b~and with the COBsent ofilie cit~ cOllflcil, shall make appoiBtments to all city offiees no"l"{ existiBg in the city which have Bot been in this ehapter specifiQillly named and ~..T/hieh may be hereafter created from time to time by the city council. (1955 Code ~ 1 80)) 1-8-2: TERM OF OFFICE AND REMOVAL: All appointive officers shall hold office for the term for which they were appointed and qualified; provided, that any appointive officer may at any time be removed by the action of the mMayor with the concurrence of a majoritJ( one-half (1/2) plus one (1) of the full eCityeCouncil or bv the unanimous vote of the full City Council. (1955 Code ~ 1-802; amd. 1999 Code; amd. 2004) Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. ORDINANCE AMENDING TITLE 1 CHAPTER 8 SECTION 1 & 2 Page 1 of 2 ~\ ~~ e"""': ...~ ...?:~::-:. . ........... 'I:' ..." ....... .- .. Section 3. That pursuant to the affirmative vote of one-half (ll2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, THIS DAY OF~".._ _n":" ...~y 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, THIS DAY OF ~ ,2004. :4: : APPROVED: i.:-:~ ORDINANCE AMENDING TITLE 1 CHAPTER 8 SECTION 1 & 2 Page 2 of2