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Home My WebLink About2005-01-18 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 18, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Presentation on the Downtown Transportation Plan: Presented Recommendation (30 minutes*) * 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 - January 18, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 18,2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle '(( Christine Donnell X Charlie Rountree )( Keith Bird )( Mayor Tammy de Weerd 2. Adoption of the Agenda: o/PTOI/'e..- 3. Presentation on the Downtown Transportation Plan: (30minutes*) r~re~~ it 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 - January 18,2005 Page 1 of 1 All materials presented at publiC meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabiltties 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. January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 3 REQUEST Presentation on the Downtown Transportation Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. . 5~B REQUEST Approve Minutes of January 18,2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY FINANCE DEPT: 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: ~vV Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City PrewCouncil Meeting January 18. 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, January 18, 2005 by Mayor Tammy de Weerd. ' Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell and Charlie Rountree. Staff Present: Bill Nary, Brad Watson, Anna Canning, John S., John Overton, Kenny Bowers, Ted Baird and Will Berg. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Christine Donnell X Keith Bird Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: Second. Wardle: It's been moved and seconded. All in favor? Opposed? ALL AYES. MOTION CARRIED. Item 3. Presentation on the Downtown Transportation Plan: Siddoway: I will lead you off and Mr. President, members of the Council, thank you very much. Then Tom Hudson and Tim Taylor will take over for the main part of the presentation. I was before you a month ago, if you will recall, giving you an interim update on the status of this project and at that time, I handed out the public comments that we had received to date. You will also recall that we had at that time, narrowed the choices down to three, but we were wanting to do quite a bit of in-depth analysis on those three alternatives before making a formal recommendation on the preferred alternative. Over the past month and one half, two months the Fehr and Peers and Hudson team have been doing a lot of analyses and in conjunction with the Steering Committee. The Steering Committee, which has the memo that you have, the first item that I handed you is Meridian City Pre-Council Meeting January 18,2005 Page 2 of 11 a letter from that Steering Committee making a formal recommendation to the City Council and the ACHD Commissioners on the preferred alternative. There has been a tremendous amount of evaluation and a tremendous amount of scrutiny placed on these alternatives by this Committee and I am very comfortable in making this recommendation to you as one that has been done with a lot of analysis and a lot of objectivity and with that to present the update and the selection of the preferred alternative to you I will turn the time over to Mr. Hudson. Hudson: Mr. President, members of the Council, nice to see you again. We have a brief agenda that I will move through with your permission. We would like to outline very briefly the process we have gone through to arrive where we are today, outline the finalist alternatives, recommend a preferred alternative to you. We would like your feedback and guidance for moving through the next 24 hours. As you know, we have got a joint meeting of the Commissioners and Council tomorrow morning, so we would like your guidance for that and then we also have a public meeting tomorrow night and any of your recommendations for that would be most welcome. So, if you are comfortable with that, we are going to get right to it. We began this process really in late August and contemplated how the community has been challenged by addressing downtown circulation for years, certainly as long as a decade and the kinds of difficulties that the communities has faced in identifying the right way to go. All things considered, one of the biggest challenges I think that we have had is the kind of detail that the process that we have been engaged in over the last few months has provided us. I think that is why one of the reasons Mr. Siddoway is as pleased as we are in that we have been able to get a lot more detail than we really even anticipated last September. That is in part due to the outstanding support we have had from Ada County Highway District. A really excellent insights from their staff - they volunteer to go above and beyond the call of duty and we now have such information as estimated costs for not just one, but three different alternatives and a great deal of more information, numbers of structures impacted, properties, linear feet and so many different kinds of things that help all of us have a great deal more comfort with the recommendations that we are coming forward with. I would like to just emphasize one primary point before we go into investigation of the three alternatives and that is the dramatic personality split that this downtown area sustains today and is expected to sustain in the future. As you move from the freeway, which is the redline at the bottom of this aerial image toward Franklin - in that first area that is shaded in the - what did we call it violet? I am colored challenged so purple is usually my - this is a very auto-oriented district, strategically designed for the purpose of addressing auto-oriented commercial economy and we anticipate as part of your own community strategic plan and certainly in support of all of the work that we have done over the last two years, that it will continue to have that kind of orientation; whereas, the dark green toward the top and right in the downtown is more of a pedestrian oriented city center. Very different needs in terms of managing transportation. We cannot Meridian City Pre-Council Meeting January 18,2005 Page 3 of 11 under-emphasize the importance of this particular distinction - that in order for the lower end of this aerial district. To work well we need to make sure that we are providing the right kinds of circulation systems for it, but a very different set of priorities for the northern end. I mean, contemplate the size of your community today of over 50,000 people moving very rapidly in growth upward and yet you have a city center that has lacked and is the city center that was about the same size and the same density as it was in the early 1970's. So, it hasn't caught up yet. Yet, all the opportunities, the demand of the community, the demand of the region, the economy and certainly social demand for sense of community are saying to us the opportunity is very substantial for pedestrian oriented urban center. So, with that as context we would like to take a few minutes to move through the three alternatives, but before we do that and r am going to turn to Tim Taylor from Fehr & Peers to share that with you. I would just like to say that we all know that no matter what alternative might be chosen, there cannot be _ we cannot anticipate a unanimous support and it's one of the difficulties that all people of good faith regret that in a community this size, we can't serve everyone as effective as every other individual. But, having said that and having gone through this kind of challenge for upwards of a decade now, we can come to you and say that as a team the Steering Committee that you have chosen that has representation on it for many different perspectives from transportation to historic preservation, from small business to city staff we have a unanimous endorsement and recommendation to you for one preferred alternative. I think that demonstrates the value of the process that we have been through, the value of the level of detail and the value of having a broad team approach to investigate our various alternatives. We have all learned from each other, each individual on the Steering team, each citizen that participated in the public meetings so far has had a voice. As you know, we collected every written item from the public and shared it with you as Council, we have given a lot of thought to what our citizens have to say and with that all of those sorts of insights and input, we come to you with a unanimous recommendation from the Steering team. Tim would you like to move to the next slide? Taylor: Tom had mentioned that we have three alternatives and we do. We actually have four if you were to consider this one, which we are calling the baseline condition. Now, that is looking at things in the year 2030 if we were just to keep the system pretty much the same as it is except for these major improvements to the overall regional network. So, you would still have Main and Meridian as it is today, but all of these alternatives assume that there is a Ten Mile Interchange in place; that there are crossings at Locust Grove and Linder and we have also included this extension of W. Corporate Drive in this particular area. So, this is the base condition and everything that we have done with the other three alternatives also include these same assumptions. Now if we were to just look at this on it's own, obviously, this is a very inexpensive alternative as it relates to this particular corridor, certainly these are not necessarily inexpensive Meridian City Pre-Council Meeting January 18, 2005 Page 4 of 11 improvements regionally, but it doesn't serve the demand that we are looking at needing to serve in the year 2030 or beyond. It doesn't meet the downtown priorities in goals and objectives and we know that it doesn't do anything to make improvements to this Central and Waltman intersection that we have. Hudson: In the public meeting that we had last fall on looking at alternatives, we asked the citizens in the room and there were well over 120 people is there anybody here who believes that doing nothing is the right approach, keeping the current COurse? There was not one person that raised their hand in support of that baseline - just to let you know. Rountree: Tim? Taylor: Yes. Rountree: I would suggest in references to the baseline that you not put it in terms of it's inexpensive. It might be in actual construction dollars, but there certainly an economic impact on the City of Meridian if we don't do something. So, there is an expense there. Taylor: Yeah, it would be a negative expense. Thank you. So, using that baseline and judging these other three finalist alternatives, which were the one- way couplet, the widening of Meridian Road to five lanes and then what we call the split corridor and I will go through that as we go through the next slides. One of the keys here is that all of these alternatives also address increasing public transit and alternative modes of transportation. They will look at Broadway and East Third and Pine and how those relate to circulation in the downtown area as well as the Central and Waltman intersection and then the key connections at Fairview and Cherry Lane. So, any of these alternatives will also include or address these important issues as well. So moving on with alternative "A", which is the one-way couplet and you are familiar with this. The advantages that we have seen to this particular alternative is that you really don't need a lot of right- of-way in order to implement this and so because of that, it's fairly easy to phase. It's striping, re-striping and some signal modifications. With it you would be able to gain better traffic operations at the Waltman, Central intersection based on the way it would be reconfigured. It actually assists in complementing the auto- oriented nature of the area to the south as Tom was mentioning and the construction costs associated with this are moderate and we will go through those costs at the end of the presentation. The disadvantages are that it's inconsistent with the goals and the objectives of downtown and it would also require significant change in the way people drive in this corridor now because of the one-way system. Alternative "8" looks at taking Meridian from the Central - Waltman intersection and widening it to five lanes all the way up to Cherry, Fairview and leaving Meridian or Main Street as it is today. It would also require Meridian City Pre-Council Meeting January 18, 2005 Page 5 of 11 that the intersection - I have kind of blown this up, but the intersection there at Central and Waltman would be changed such that Main Street would somehow have to lit" in to Meridian north of this congested intersection and so it's .- I guess what I am doing now is talking about just one of the main disadvantages is that this is a very complicated reconfiguration of that intersection and in order to make this alternative viable it results in also excess right-of-way because now and with "!-ing" in Main Street, we have this very wide section of Main Street south of Franklin that you really don't need it to be that wide any more because you are accommodating the majority of your through traffic, your heaviest traffic volumes on Meridian instead of on Main Street. That's one of the primary benefits of this alternative is that the regional traffic going from the freeway all the way north on Meridian is accommodated in that one single corridor. So, those are some of the advantages and disadvantages of alternative "S" - widen Meridian. Now the split corridor, many people at first blush have said that this appears to be more complicated than the others and really it isn't. We have prepared some additional graphics to help you to really understand this particular alternative. What we are looking at would be one-way traffic operations from Waltman - Central up to the Railroad corridor, which is right about in this area. We would be looking at two-way traffic operations on Meridian and Main Street north of the railroad tracks. What we would do in order to get it from one-way to two-way is provide a transition from Main Street to Meridian, north of Franklin and South of the railroad. So, the key here is that where we are needing to accommodate these auto oriented businesses and heavier traffic volumes to the south we do that through a more efficient one-way couplet where we want to focus on a pedestrian oriented downtown. We are able to do that by shifting a lot of the traffic or a majority of the through traffic to Meridian, which would be a five lane facility north of the railroad tracks and then the downtown area of Main Street we'd be looking at traffic volumes in the 6 to 10,000 range, which is what has been thought of as a target in order to maintain the vibrant pedestrian friendly downtown area. Now the advantages - I have gone through a few of the advantages in terms of it shifting that heavy traffic volume in the area north and through the downtown to Meridian - the two traffic we still are able to accommodate on Main Streett it's the through traffic that we would be able to shift over to Meridian. It addresses both, again the issues in the south in terms of auto oriented businesses and also the pedestrian focus in the downtown area and we are able to like the one-way couplet, realize more efficient traffic operations at the intersection of Central and Waltman because of the one-way operations and really the construction costs were found to be moderate on this particular alternative. The disadvantages are the right of way acquisition costs are high. That's also the case with the five-lane scenario and again it would require some fairly significant changes in driving patterns as to what people are used to today. I want to focus on two key areas, number one the transition area which people have had some concern with. This graphic doesn't necessarily do a good job of portraying that. The second area is the Waltman - Central area intersection. So, we have prepared a graphic that kind of shows this split corridor Meridian City PrewCouncil Meeting January 18, 2005 Page 6 of 11 transition. The redlines that you see represent traffic that would be going in a northbound direction; the yellow would be traffic going in a southbound direction and this is on top of an aerial so you kind of begin to get a feel for properties that might potentially be impacted; where access might be; how people would make specific turning movements, but all of this is just illustrative. Once a design team went in they would figure out exactly what the radius of curves needed to be and they would look at right of way acquisition more carefully. This was prepared so that ACHD would be able to prepare cost estimates. But, if we are coming northbound - this is Franklin - if we are coming northbound, we would have three lanes just prior to where Main Street exits and one of the options would be able to provide a straight through movement onto Main Street, but just probably a single lane based on the traffic volumes that we have looked at and two lanes would continue off and connect up into this five lane Meridian section. If you are coming southbound on Main Street south of the railroad tracks, you would have the opportunity to come down, make a right turn, go north or be able to make a u- turn and continue south. If you are anywhere north of the railroad tracks you could also do that or there are many opportunities for you to go from east to west and access Meridian Road in order to travel south to the interchange if that's what you desire to do. So, this provides an opportunity for people to make u- turns, I think it gives people a better feel for what just exactly is going on in this particular area. Hudson: I would just add that in that northbound right hand lane where you have got a bit of a triangle left here we would become a major gateway to the downtown. It's so important to differentiate between "to" and "through" traffic. We are not trying to take all traffic away from downtown, we are trying to make downtown a highly desirable destination so that people come to it, park, get out and conduct their business and so on. These kinds of intersections as well as the east connectors that are on Meridian further up become opportunities for improving the gateway orientation inviting people to come in and making it very easy for them to do so. Taylor: The way that you treat some of the movements, for instance, this northbound through movement are key in order to not - it discourages traffic, yet it also doesn't discourage it too much. If you were to take this movement and rather than it being a straight through movement, bring it up here and make it a right turn movement, you would likely discourage more trips from going into that area. So, that's a key element of being able to allow people a straight movement into that Main Street corridor and into downtown. Are there questions related to this? Next graphic then is in relation to the Waltman and Central intersection. I have tried to color this so that you can follow it a little bit easier. Again, the yellow is southbound, red is northbound, green is westbound and then what did you call if, Tom, violet? Violet is eastbound. One of the key things that we have provided here that you can tell is access over into this Waltman Lane area, which the other alternatives that have been looked at back in 1997 and since then have Meridian City Pre-Council Meeting January 18, 2005 Page 7 of 11 really focused on eliminating access to Waltman, taking it up and around and connecting into Corporate. We really feel confident that we would be able to have this be a full movement intersection in all directions, which would provide for development opportunities in this property. All of the movements would continue to be provided, left turns and right turns. If you are coming southbound on Meridian and you want to go northbound on Main, you would go into the left turn lane, which would allow you to make a left. here or else make a u.tum and go back up the other direction. Again, these areas depicted in green provide for a great gateway type potential treatments and meet entry features into the city. Hudson: One of the first things that I noted when I began working on the downtown marketing strategy in an aerial was this remarkable empty space on the northwest comer of 1-84 and Meridian Road. It's the sort of area that would be very early developed in most urban locations and especially high growth places like this and yet it's basically barren and the challenge is that intersection. It's really a difficult place to move around today. The feedback that we have been getting is that there is a lot of sizzle here in a sense of a capacity to open that area up and still allow all the different directions of traffic to move to and through this particular intersection well and by doing something approximating this the community can move forward with the development of that very viable land, which has so far been really stifled up to now and in your urban renewal this is going to be a very significant improvement to your overall development opportunities, this is increment. Taylor: Because we have a one-way couplet in this southern area, based on what we have today you can see that we have eliminated many movements that need to be accommodated today that wouldn't need to be in the future because this is one-way south and this is one-way north, so you are able to gain a high level of efficiency in this type of a configuration because basically it's just your typical four legged signalized intersection, which is very different than what we have today_ We are able to maintain traffic operations through here during peak periods that are satisfactory in the year 2030. Any questions about this layout? Okay. Hudson: One of the greatest challenges that we have as a community in moving forward with any alternative is an objective analysis process that gives us the confidence that we are doing the right thing. You can imagine how many complications there are to something like this. We are dealing with not just dollars, we are dealing with safety issues, we are dealing with pedestrian character, we are dealing with road widths, we are dealing with, well in fact, 19 different sets of issues according to the cities and ACHD's, let's say, priority documents, the planning documents, your comprehensive plan and so on and also the input about priorities from the community_ So, we have used a process called multi-criteria evaluation that allows us to look at all of this kind of information in a very systematic way. We took the 19 different priorities or what Meridian City Pre.Council Meeting January 18,2005 Page 8 of 11 we are calling evaluation criteria and organized them into three distinct sets of components. One is transportation impacts. One is community impacts and the third is fiscal impacts. Then we weighted those using the combined insights of your Steering team because as you can imagine not all criteria are equal. Some things are more important than others so we used a very democratic process, which was unanimously endorsed by the Steering Committee. So, again we have listened very carefully to the historic insight of the community itself. These aren't things that we are just making up ourselves. These are from our own community documents. We then scored or let's say evaluated each of these alternatives according to those very explicit criteria. Using multi criteria evaluations, which is a method that allows you to compare each set of scores in each criterion and then combine them so that you end up with a combined total score to get what you see here. The higher the score the better. What you see is at the base in the base condition that is more or less what we have today except for regional improvements, a score of 29. That score is not out of 100, it's 29 in comparison to the other alternative's performance. So, it had the lowest at which I am sure why intuitively the community said no, we don't want to go there. The next lowest was 47, which is relatively similar to the widened Meridian Road or in the relatively similar scoring area; split the corridor, however, stood substantially above all of the others given all three areas of transportation community and fiscal impacts. Now, we spent months going through this and then after we spent months, we decided we needed about another month or five weeks to look at transportation costs. That is the implementation cost of acquiring right of way and also construction. So, the cost that you see at the bottom here are estimates that were provided by our associates at ACHD and they are included in the evaluation under fiscal impacts. So, this isn't separate. It's included, but we knew that you would want to see the numbers, so we have shared those here at the bottom: 5.6 million dollars for the couplet; 9.9 million dollars for widening Meridian Road, which is the most expensive and then the split corridor at 8.3 million dollars. So, all things considered, 19 explicit criteria carefully evaluated by all members of the team. These were city representatives, ACHD representatives, downtown business people, citizens, historic preservation, two members from your own transportation task force, the city's Transportation Task Force, etc., and the unanimous conclusion was endorsement of these figures and a recommendation to City Council for support of the split corridor. I believe that Mr. Siddoway has a letter from the Steering Committee to City Council. Has that been distributed? Donnell: Yes. Hudson: Thank you. So, now for the next steps. We are forwarding our recommendations to you. We have got a draft interim report that we have handed over to Mr. Siddoway for his review. He will then provide that to City Council, but we are saying to you orally what will be in that, but you will of course have more detail. We will then be providing you with our final report and then it Meridian City Pre-Council Meeting January 18, 2005 Page 9 of 11 would be in your hands to evaluate as a city's leaders our own investigation and research and determined what you believe is in the best interest of the community. Then our understanding is that your recommendations will be forwarded to ACHD for I would say a collaborative discussion because there are lots of opportunities here; a lot of ways to approach the implementation of whatever preferred alternative you think is appropriate. ACHD, of course, has it's own process for decision-making. That's under evaluation. A final decision regarding the system and the implementation timing and then implementation. We are not able to put a time line on that, but it's our understanding that this is a high priority both to Council and to ACHD Commissioners, so we don't think that this is going to take dramatically a long time, depending only upon what you might see as complicated or controversial. I would just conclude again with the key point that we have people from abroad range of backgrounds who have come together to unanimously endorse the split corridor concept. Having said that we do understand, fully recognize that no matter what we would bring forward there will be people in the community who would feel less well served than with another alternative. That's one of the difficulties of such a substantial challenge as the one that you face today. I would end by saying, but how would things be today if only we had been able to make a decision ten years ago and implement it. How much better would things be? With that, we would be happy to take your questions or guidance. Wardle: Thank you, Mr. Hudson, Council, Madame Mayor, we are at our allotted time. If anyone has a pressing question, I would take just a short moment for that. Madame Mayor? De Weerd: Mr. President. I guess, Council, do you have anything that you feel needs to be presented tomorrow at the joint meeting? Any suggestions, as well? Rountree: Did you say in terms of recommendation and endorsement by the Council? Additional information presented by Tom and company? De Weerd: Additional. Wardle: Tom I have just a question and that is - that might come up and has come up in my mind is we have got a recommendation forward and we will be meeting with ACHD tomorrow and then in addition holding a public hearing or not a public hearing, but a public meeting and inviting the public to comment. Some members of the public might wonder where their comments are going to go after tomorrow evening's process if this recommendation is already in place? Hudson: Mr. President, we feel that it's important for citizens to continue to be a part of the process and we will emphasize to citizens tomorrow night, unless you advise us otherwise to share their views with Council. Having said that, we have had a number of public exchanges. We have done a lot of outreach in other Meridian City Pre-Council Meeting January 18, 2005 Page 10 of 11 ways. As you know, we have spoken to a number of community organizations in addition to our public meetings. We have forwarded to you citizen input. It is time contractually and morally for us to have the Steering teams' opinion about forward as well. So, you have it. We have done the best work that we can possibly do as a Steering team and as a consulting team. We bring forward far more information than we had originally anticipated that we would be able to do in the short time that we have had. We feel confident that this is the best alternative for the city. Having said that, this is a difficult decision and we think that it's entirely correct to encourage citizens to share their views, whether they support this alternative or not. Thank you. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I guess at the last public meeting, they took public comments and then typed it up and made those comments available to Council. We would like that feedback from the public meeting. I will be in attendance, but I think it will be helpful as well. Hudson: Mr. President, I would also like to say that in straw poll taken at the end of that last public meeting, by far the largest number of votes for an alternative went to the split corridor. It was only a straw poll and I would not say it was scientific, but I think it's safe to say that despite of being a new concept to the community there was significant support there. Wardle: Mr. Siddoway? Siddoway: I understand we are short of time, but just answer further the question about the public process. Our intent tonight was to just gage the Council's level of comfort with taking this forward to both ACHD Commission tomorrow and the public tomorrow night. But, you will see that our recommendation from the Steering Committee in that letter is that even once this plan is done and we have a preferred alternative developed, we would recommend that it be taken through a public hearing process to be adopted as part of an addendum to the Comprehensive Plan. So, we would propose that there would be a full public hearing process added on to the back end of the development of this plan. Wardle: If there is nothing else I would entertain - Bird: I move that we adjourn. Rountree: Second. Wardle: It's been moved and seconded to adjourn. AU in favor? Opposed? Meridian City Pre-Council Meeting January 18,2005 Page 11 of 11 ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ATTESTED: Jd?-.p WILLIAM G. BERG, J ., Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18, 2003 Downtown Meridian Transportation Management Plan Project Update January 18, 2005 Agenda · Project Framework - Background & Goals - Evaluation Process & Criteria · Evaluation of Finalist Alternatives - Finalist Alternatives - Results of Evaluation - Recommendations - Questions/Comments · Next Steps · Open House ~~ The Hudson Company ~ SEr.ncg.cs md PLumil1g for Building Communi!)' 1 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18, 2003 Project Background · Partnership Between City & ACHD · Guided by Steering Team - Members Have Diverse Backgrounds - 2 ACHD Staff on Team · Initiated in Late August · Final Report by Early February a The Hudson Company - - r- Slr.lt~+gies and Pl.mning for BUl!dmg Cnmmurut}" Goals for Success Goal: Identify a Circulation System that Addresses Community, Transportation and Fiscal Priorities Clearly and Optimally Goal: Discover the Optimal System Through an Open, Collaborative Process Engaging the City, ACHD, Citizens, Private Sector, and Other Agencies/Community Organizations ~ The Hudson Company ~ Str:Hegws and Pbnmng for Building Community 2 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18, 2003 Evaluation Process · Broad Input to Set Evaluation Priorities & Goals · Collect & Review Previous Research/Data · Evaluate Conditions; List Alternatives · Short-list Alternatives M The Hudson Company . . StI:.uc,gt..::s :'.nd Planmng for BUllding Community Conduct Detailed Evaluation, Including Public Input · Identify Preferred Alternative · Review, Refine, Adopt Preferred Alternative · Implement ~ The Hudson Company ~ Str.lIcgics -.md Pl.1nning fOI" BUildIng COIrllllUnity 3 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18, 2003 Transportation Priorities ACHD Mission - "To provide the best public highway system for the safe and efficient movement of people and goods in Ada County. " ACHD Design Priority: "...develop cost effective, efficient and safe projects that are compatible with the terrain and adjacent development. " Principles - Integrates adequately with the regional transportation network. - Minimizes congestion by providing for reasonable traffic flow and capacity - Preserves opportunities for longer-term community development goals - Appropriately distributes regional traffic while accommodating local traffic - Promotes a safe pedestrian friendly environment - Provides connections and signage to enhance circulation in all directions - Accommodates multi-modal (multiple modes of) transportation ~ The Hudson Company ~ SIr.Lte-gies and "Ptmning for Dutldlng Community Community Priorities Vision - Downtown Meridian is a Pedestrian-Oriented Community Center & Vibrant Regional Business Destination Priorities - Compatible with community vision and probable land uses - Encourages strategic development of downtown as the heart of Meridian - Compatible with Downtown as a pedestrian-oriented center - Fosters multi-modal lifestyles - Fosters environmental quality - Provides high potential for public acceptance and use - Allows for emergency vehicle access and routing - Accommodates parking and commercial deliveries - Minimizes impacts to historic structures ~ TIle Hudson Company ~ Slr.nc:gi(:!; Jrid Pbnmng for Building Community 4 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18,2003 Fiscal Priorities - Compatible with reasonable project costs. - Compatible with reasonable maintenance costs - Provides for phased implementation ;itt The Hudson Company m Str~lte~es and Pbnning for Dmldmg Comrnunit;." 5 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18, 2003 - - ..~ Finalist Alternatives A. One Way Couplet B. Five Lane Meridian Road C.Split Corridor . Modified One-Way Couplet from Central to RR; . S.Lane Meridian N of RR; . Main as is with T-in off NB Couplet The preferred alternatives also addressed: · Public Transit; Alternative Transportation Modes · Broadway · East 3rd · Pine · Central/Main/MeridianlWaltman Intersection · Fairview/Cherry Lane Connections ~ The Hudson Company ~ Slr.lIl;'giCS ~md PI.mning fot Build~Ilg Community 6 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18,2003 -, - 7 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18,2003 8 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18,2003 '~~~~ij"'W:UD1liill!dfO!'d~OI'I~~ m~toolatI'H:Pl"fPJr::cIllCI auw:oipM:I (rMl (Il;tml-ln t,r,Ml-D.ltlmOilI"~IO~r<IIl~h~I.'I!OO- INfI,z'=r!GpI, lM.:aI~Up! 'lIol1 dU~~oZ1l'(l;a.:m-mrnb!"d.Wt:n ~u 00l ~:iW'W Qw.lJgd cImr'Ioc-i',m'lj~dt ltl"mUllT'lO:Ik:n1 Sh~l'dJ~:m~mnl:llinl~;If\lo~L'o 1d4" ~w;;retw.;Wwil1lr.t Multi-Criteria Eval uation Scoring Results ALTERNATIVE Base A B C Widen Split I Total Weighted Scores Couplet Merid'n Rd Corridor Transportation Impacts 2 19 17 27 Community Impacts 13 22 49 52 Fiscal Impacts 15 5 -9 -3 I Grand Total 29 47 57 75 Project Cost (Millions)1 1$ 5.61 $ 9.9 I $ 8.3 I ~ The Hudson Company ~ Str.W.,'glC5 and Pbnning for Building Communitr 9 Market Analysis and Strategy for Downtown Meridian Preliminary Finding Prepared by The Hudson Company, November 18,2003 Next Steps · Forward Recommendations to City Council · Council Decides on Preferred Alternative · Council Forwards Recommendation to ACHD · ACHD Evaluates Recommendation · Final ACHD Decision on Circulation System and Implementation Timing · Implementation fM': The Hudson Company . - Str,lleg1c:s and PlLmmng for Building Communit)' Questions? Comments ~ The Hudson Company ~ Srr'.lIcgics :lIld Pbrming (or I3c.H~dtng Communuy 10 w > i=m <C z ~ W I- ~<( CI) (fJ ca co '-f'-.-N ........ONL() _"'0 o c....C C/) 0 () "'Of'-.-O)O) rv~~1 eLL......... Q) c "'0 - . - "'0 $ .~ ~ ........o)NL() Q)~N - a.. ::J o U NC"')L() ~ ~ (fJ (f) (f) (f) - " " ........ ........ ........ ca ~ (,) (,) (,) ... o CO CO CO 0 (J c... c... c... I- (J)EEE-c ---s::: -c c ~- #Pf "" ........ CO \ \I ...., 0 . - t' , s... ~+:ic(;)C) C) CO ::J .- ._ tELL CI) 0 E ~ g- 0 ca~() ... '- OI- l- ( ( AS OF JAN 14 '05 16:13 PAGE. 01 ** TX CONFIRMHrION REPORT ** CITY OF MERIDIAN 30 31 32 DATE TIME TO/FROM 1211/14 16:09 PUBLIC WORKS 01/14 15:11 8841159 01/14 16:13 2088840744 STATUS OK OK OK MODE EC--S EC--S EC--S MIWSEC PGS 00' 25" 001 00'27" 12101 00'26" 001 CMD\:1 109 109 109 ------------~------------------------------------------------------------------------------- PlcMt:. rOoSt t(( fub\lC- NU\1ee...- ll\\.ll\"-~~'. , r ;)) I"'.-P /'" C,IIY(w ~ ,~' , VVL erldi <<Ii ...:t~ -\ IDAHO .; MAYOTl TamiTIY de Wee~~ CITY COUNCIL Ml'MBERS William t. M. N~r}' Keith Bird ('harle,s M. Rountree ShaLUl Wardle Cl'rY DfPARTMF.NTS Fire 5,10 E:. Franklin Road 888-1234(fux 895-0390 Pad~s & Recreation H E. Bowel' SLreet 888<1579 J fax 8':1fi-S501 Planning: &. 7.oning 660 E. WalerLow'~T Lane Suite 202 H84-5533/ fax SBB.(;!l54 Police Hol E, Walcrtower Lane ':;88-6678/ fax fi46-7366 Public Wl)rks 660 E. W dtertt\Wer Lane Suite ZOO 898-5500/ [ax !l9B-9551 - Building 66(\ F.. Watertower Lan.~ Suite ] SO 881-2211 /fax 887-1297 - Sewer (WWTP) 3401 N. T~ Mile Road 888-21 <)1/ fitl< 1:84-(1744 - Water 22.35 N, W. SLl, Street 885-5212/ fax 884-) J 59 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 18, 2005 at 6:30 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 issue: - PresentaUon on the Downtown Transportation Plan The public is welcome to attend the meeting. DATED this 14th of January, 2005. JI~A CITY l-IALL 33 EAST J()t\HO AVENUE MERIDIAN, !OMIO ::13642 t208} fl88-4433 ro",. CI.Y-Im-lil, 888 4218 HU~I.\N 1l~!i()lJll('t:S-r,\, 864,8723 fIN,\r-,t~" 11j1l.1Tl 1\Il,LIl'iG-I'^X 887.4813 M..\\'()H'S Ol'I'ICli-HIX 8S4.8][9 .--"0.:'"'"-. - ' (' ( ** TX CON~" ,.1FlT ION REPORT ** FlS OF JAN 14 '05lS:4S PFlGE. 1::l1 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDiI STFlTUS Gl 01/14 15:24 208 895 G390 EC--S G0'20" Gel 104 OK 02 01/14 15:25 128300040 G3--S 00'25" 001 104 OK 03 01/14 15:26 208 387 6393 EC--S 013' 18" 0131 104 OK 04 01/14 15'26 FlDA cry DEUELMT EC--S 013'19" 0131 104 OK 05 01/14 15: 28 8885e52 EC--S G13'20" 001 lG4 OK G6 01/14 15:28 CHERRY LANE G3--5 00'38" 001 104 OK 07 01/14 15'30 IDAHO ATHLETIC C EC--S 00'20" 001 104 OK 08 01/14 15:31 ID PRESS TRIBUNE EC--S 00'20" 001 104 OK 09 01/14 15:32 2088886701 EC--S 00'21" 001 104 OK 15 01/14 15:45 UALLEY TIMES ----S 013'00" 000 104 BUSY THIS DOCUMENT IS STILL IN MEMORY -----------------------------------------------------------------~-------------------------- nL~ rest -tif 1Llb\..(C; I\l Ottc.c.... - mO""rt.k:-~ L ) CITY OF MERIDIAN PRE-COUNCIL MEETING AGENOA Tuesday, January 18. 2005 at 6:30 p.m. City Council Chambers 1. Roll-caU Attendance: _ Shaun Wardle Christine Donnell Charlie Rountree Keith Bird - _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on the Downtown Transportation Pian: (30 minutes'") '"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 - January 18, 2005 PagEl 1 of 1 All materials presented at public meetings shall become property of the elfy of Mel'idlan. Anyone desiring accommOdation for disabilities related to documents and/or hearings, please contact the elly Clelk's OffIce at 888-4433 at/east 46 houlS prlor to the public meeting. I ** TX CONF1",1ATlON REPORT ** ( AS OF JAN 14 '13515:23 PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM 23 131/14 15:15 PUBLIC WORKS 24 81/14 15:16 20846644135 25 131/14 15;178841159 26 131/14 15;1820888413744 27 131/14 15:19 POLICE DEPT 28 131/14 15;213 89855131 29 131/14 15:213 LIBRARY 313 131/14 15:21 92083776449 31 131/14 15:22 3886924 32 131/14 15:23 21388886854 MODE MIN/SEC PGS CMNI STATUS EC--S 1313'21" Del 1134 OK EC--S 1313'21" 13131 104 OK EC--S 1313'22" 13131 1134 OK EC--S 1313'21" 13131 1134 OK EC--S 1313'21" 0131 1134 OK EC--S 130'21" 13131 104 OK EC--S 013'21" 001 1134 OK EC--S 013'21" 13131 1134 OK EC--S 1313'213" 13131 1134 OK EC--S 1313' 20" 1301 1134 OK -------------------------------------------------------------------------------------------- nca.::r,. rost TCr nLbu:c.., I\JOttCC- - mo...rt..k:..\" L} CITY OF MERIDIAN PRe..cOUNCIL MEETING AGENDA Tuesday, January 18, 2005 at 6:30 p.m. City Council Chambers 1. RoJl-call Attendance: _ Shaun Wardle Christine Donnell Charlie Rountree Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on the Downtown Transportation Plan: (30 minutes.) . Approximate allowable time set for agenda item may change dependJng on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 18, 200S Page 1 of 1 All materials presented at public meetings shall become property of the City of MeridIan. Anyone desiring accommodallon for disabilities related to documents and/or hearings, please contact the City Cle!1('s Offlce at 888-4433 at least 48 hours Pffor to the publIc meeting. Please. ~<?t- +if fhblfc.., N ottcc -mDrP\L\ L.} CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 18,2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on the Downtown Transportation Plan: (30 minutes*) ... 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 - January 18, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ~* TX CONFIRMATION REPORT ** C AS OF JAN 18 '05 18:07 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 01/18 18:06 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 27" 001 104 OK -----------~-------------------------------------------------------------------------------- nc~ ttJSt ttr nLbl...(C.., l\l 0t1.CC- - I no.JU::...\' L } CITY OF MERIDIAN PRE-COUNCll MEETING AGENDA Tuesday. January 18,2005 at 6:30 p.m. City Council Chambers 1. RoJl-call Attendance: Shaun Wardle Christine Donnell Char1ie Rountree Keith Bird - _ Mayor Tammy de Weerd 2. Adoption of the Agenda; 3. Presentation on the Downtown Transportation Plan: (30 minutes*) WApproJdmate 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 - JanU8Ty 16, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acc.ommodatlon for disabilities related to documents and/or hearings, please contact the City C1er1c's Office at 888-4433 at least 48 houn; prior to the publIc meeting. { ** TX CONF 1 RMA TI ON REPORT ** ( AS OF JAN 18 '05 18:10 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 01/18 18:113 381131613 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'38" 001 1139 OK ------------------------------~------~------------~----------------------------------------- 1-"'\ cMG ras t t(( fub\ic... NU nee... - \ nU-I\"'-'-", '. . ,~(r ~1, j' '.,'" .r;:-.- - It cMe~;;b;:ii-' -~ ."\ IDAHO f~1 MAYOR Tammy de Wecrd CITY COtJNCll.. Ml'M'6fRS William L. M. N~ry Keith Bird C'h~rks M. Rountree ShaUl\ Wardle err'/' DEPARTMl'.NTS Fire 540 E. Franklin Road 888-1234/ fil x $95-0390 Parks 51; Ret:reiltion 11 r. Dower SHeet 1188-JS79/fax tHlIl-SS01 Planning &. 7.onlng 660 E, WaLcrLawl~r l.ane Suite 202 t;R4-5533/ fi\x 888..6854 Polkc 14Ql E. ,^' (llt~rlower Lane HgS-6673I fax 1l46-7366 Public WlJrk~ 660 E. Wiltertower talle Suite 200 898-5500 / (ax 1I91l-9551 - Building 660 F. Watertower l::ll'll~ Suite 150 887-2111 / fax 88'7-1297 . S,~w<:r (WWTP) j401 N. Ten Mile Road 888-2191 J f~x R84-0744 . Waler 22~5 N, W. 8th Street 886-5212/ fax 884.] J 59 NOTICE OF PRE.COUNCJL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 18, 200S at 6:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: - Presentation on the Downtown Transportation Plan The public is welcome to attend the meeting. DATED this 14th of January, 2005. Jf~A CITY I-IALL 33 EAST ID^HO AVENUE MERIOIi\N, IOAl--IO 83642 (208) 888-4433 CI n CI.I';HI(-I'\K 8S8 4Zi8 HIlM.\N nF.~{)l.!I~r.r.S-~i\X 88.1.,8723 FJN.\I'tC:~; I> \I nun liIU..Ir\G-I'AX 887.4813 ~lA\OIl'$ Ol'l'lt:L-li\,I; 884.8110 i cM;t~;dla:n-~~lY 11),\1-10 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888"1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 18, 2005 at 6:30 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 issue: - Presentation on the Downtown Transportation Plan The public is welcome to attend the meeting. DATED this 14th of January, 2005. dI~A WILLIAM G. BERG, J CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (2G8) 888-4433 CITY CLERK -FAX SSS.42IS HUMM~ HESOURCES-Fi\X S84-8723 FJNi\I',CE & UTILITY BILLING -E\X 887'4813 Mi\YOn'S OFFICE- FAX 884,811 9 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: John Woodward Boy Scout Troop 128 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: Approve B. Approve Minutes of January 4, 2005 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend / replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: Approve D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-Q and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-Q and R-15 zones for Meridian City Council Agenda - January 18. 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Sommersby Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: Approve F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 015 Request for a Rezone of 4.9 acres from R-4D to R-15 zone for the retirement complex at Devon Park Subdivision No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04- 049 Request for detailed Conditional Use Permit approval for Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 3D-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: Approve I. Enaineerina Services for Miscellaneous Wastewater Projects: Approve J. Westborouah Subdivision Lift Station Aareement: Approve K. Permanent and Temporary Easement Contract for the North Slouah Sanitary Sewer Proiect by David Turnbull: Approve 7-L. Award of Bid for Black Cat Lift Station to JC Constructors, Inc.: Approve Line Item Adjustments Approve Award M. Water Main Easement for Red Robin by Eagle - Fairview Investment Co., LLC: Approve N. Sanitary Sewer Easement for Saaeland Subdivision: Approve O. Streetliaht Aareement for Soda Sprinas by Todd Campbell Construction: Approve P. Streetliaht Aareement for Settlement Bridae No.1: Approve Q. Sanitary Sewer and Water Main Easement for R. Orville Thompson: Approve R. Master Aareement and License for Landscape Maintenance Ada County Hiahway District's Storm Water Drainaae Facilities: Approve Meridian City Council Agenda - January 18, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. S. Meridian Fire Department I Ada County Paramedic Stationin~ and Coordination of Services AQreement: Approve 6. Department Reports: A. Public Works Department - Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: Prepare Resolution for Adoption 1~25-05 7. (Items Moved from Consent Agenda) 8. Public Hearing: VAC 04~009 Request for Vacation of existing 20-foot right of way south of the Milk Lateral and vacation of portions of East Granger Street within Redfeather Estates Subdivision by Packard Estates Development, LLC - south of East Ustick Road and east of Duane Drive: Approve Recommendation to ACHD - Send Letter 9. Public Hearing: RZ 04~018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of Treasure Valley by Irma Jean Phillips - 544 West Cherry Lane: Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: AZ 04~031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Majestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Renoticed to February 1, 2005 due to improper noticing 12. Public Hearing: MI 04~017 Request for a Miscellaneous application to operate a food vending operation hot dog trailer in a C-C zone for Steven DiMaria by Steven DiMaria - 1600 Main Street: Approve 13. Water, Sewer and Trash Delinquencies: Approve 14. Ordinance No. 05-1126 : RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates Subdivision by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: Approve 15. Ordinance No. 05-1127 : AZ 04~024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Meridian City Council Agenda - January 18, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: Approve 16. Executive Session per Idaho State Code 67-2345(1)(b)(c): No Decision Meridian City Council Agenda - January 18, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Rollwcall Attendance: --k- Shaun Wardle X Christine Donnell ~ Charlie Rountree K Keith Bird K Mayor Tammy de Weerd 2. Pledge of Allegiance: Jp/r.,n !JootL /A/th.-t;L $P1 J~"wf fh'ep I).. ~ 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: ~ 4. Adoption of the Agenda: litff7'PV'<'- tt( ahl~r;(" 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: ~I/'L- B. Approve Minutes of January 4, 2005 City Council Regular Meeting: a P;JY'Df.t'<..--' C. findings of fact and Conclusions of law for Approval: MI ()4.. 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: ~rf/\..(.., D. Findings of Fact and Conclusions of law for Approval: PP 04w 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-0 and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: ~v.<- E. findings of Fact and Conclusions of law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Meridian City Council Agenda - January 18,2005 Page 1 of 3 All materials presented at pUblic meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: o/flrv;o~ f. findings of Fact and Conclusions of Law for Approval: RZ 04- 015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retirement complex at Devon Park Subdivision No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: ~r~ G. Findings of Fact and Conclusions of Law for Approval: CUP 04- 049 Request for detailed Conditional Use Permit approval for Falrview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 30-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: '1'r ~ H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silveneaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: ~"'v-'- EnaineerinG Services for Miscellaneous Wastewater Proiects: 4CJ?/JYDV'l<..- Westborouah Subdivision Lift Station Aareement: ~ ~ Permanent and Temporary Easement Contract for the North SlouQh Sanitary Sewer Proiect by David Turnbull: ~~ Award of Bid for Black Cat lift Station to JC Constructors) Inc.: aj7jlrtJrre.."trn.e /"Je,.,,"- fldrl.n-J~ apj'J'YVYe t:ltdCf/Lct Water Main Easement for Red Robin by Eagle - Fairview Investment Co., LlC: appYVV\.l... Sanitary Sewer Easement for Saaeland Subdivision: ~V'<-- Streetlight Agreement for Soda Springs by Todd Campbell Construction: ~v-c...- Streetlight Aareement for Settlement BridGe No.1: ~~ ~ ~ Sanitary Sewer and Water Main Easement for R. Orville Thompson: ~~ Master AQreement and License for Landscape Maintenance Ada County HiGhway District's Stann Water Drainaae Facilities: ~r.v- Meridian Fire Department I Ada County Paramedic Stationina and Coordination of Services Aareement: ~ ~ Meridian City Council Agenda - January 18, 2005 Page 2 of 3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. J. K. 7- L. M. N. o. P. Q. R. s. 6. Department Reports: A. Public Works Department - Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: jJr~p4/U- rei~-/1~ ~ aL"/Jh-:- I"'ZS-...~rs 7. (Items Moved from Consent Agenda) L 8. Public Hearing: VAC 04-009 Request for Vacation of existing 20-foot right of way south of the Milk Lateral and vacation of portions of East Granger Street within Redfeather Estates Subdivision by Packard Estates Development, LLC - south of East Ustick Road and {=last of Duane Drive: af7"'PVI.. reG-,.,...... n...<-d.~ ,t.- #&1-10 - s:e.~ h~ 9. Public Hearing: RZ 04-018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of Treasure Vallev by Irma Jean Phillips - 544 ~C~ITYj!t;:~/L w~~ 10. Public Hearing: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gatewal( by White-Leasure Develop-ment COI;QRany' - s.,WC of South Meridian Road and West Overland Road: p( ejX\-l"c tlf -H~ Il for- Q pprovL1.l 11. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Renoticed to February 1, 2005 due to improper noticing 12. Public Hearing: MI 04-017 Request for a Miscellaneous application to operate a food vending operation hot dog trailer in a C-C zone for Steven DiMaria by Steven DiMaria -1600 Main Street Appro YC- 13. Water, Sewer and Trash Delinquencies: A pprovc:.. 14. Ordinance No. 05 - 1\ 2lp : RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates Subdivision by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: Approve... 15. Ordinance No. 0<<7;- \ \J.l-- AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: Approve.- 16. Executive Session per Idaho State Code 67-2345(1)(b)(c): /tC c;U cfT lb"'Y'-' Meridian City Council Agenda - January 18, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. February 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 15, 2005 ITEM NO. . 5-A REQUEST Approve Minutes of January 18,2005 Regular City 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: ~~ Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the CIty of Meridian. Meridian City Council MeetinQ January 18. 2005. The regular meeting of the Meridian City Council was called to order at 7:16 P.M., Tuesday, January 18, 2005, by Mayor Tammy de Weerd. . Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, John Overton, John Shawcroft, Tara Green, Kenny Bowers, Ted Baird, 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: Okay. I will go ahead and call the regular City Council meeting to order. It is 7:16 and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you, Mr. Berg. Okay. We have Troop 128 here with us tonight. Thank you, boys, for coming. I understand you're earning your Citizenship Merit Badge, so good luck with that. I have John Woodworth that will lead us in the pledge of allegiance. If you will all rise? (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day De Weerd: Thank you, John, for leading us in the pledge. Troop 128 is sponsored by the Meridian 2nd Ward. We appreciate you joining us tonight. We are going to be lead in our community invocation by Pastor Shawn Ragan, If you will, please, come forward. Please take this opportunity to join us in the community invocation or take this as an opportunity for a moment of silence, Ragan: Madam Mayor, Members of the Council, let us pray. Father, we come before you this evening, Lord, thankful for this time and this opportunity that our city leaders have to gather here tonight, Lord, to discuss city business. Father, as they go through the decisions that they have to make tonight, Lord, and go about doing the things for our city, Lord, we just pray that you might bless them, bless their decisions tonight, Lord, give them guidance in what you would have them do. Lord, we pray that each decision they make would be a wise decision, something that would be helpful and prosperous Meridian City Council January 18, 2005 Page 2 of 38 for our city. Father, we just pray for an extra special blessing on them tonight as well, also on their families, we just pray that you continue to be with them. We thank you for this and all things in Jesus name, amen. De Weerd: Thank you so much. It's been such a great partnership with the Meridian ministerial fellowship. We appreciate you coming every single week to join us. Ragan: We appreciate the invite. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item NO.4 is the adoption of the agenda, Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One item on our Consent Agenda, Item L, has been requested to be pulled from the Consent and moved to 7 -L and to my knowledge that's the only revision we need and I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-O and R-15 zones for Meridian City Council January 18, 2005 Page 3 of 38 Sommersby Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-Q and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 015 Request for a Rezone of 4.9 acres from R-4D to R-15 zone for the retirement complex at Devon Park Subdivision No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-049 Request for detailed Conditional Use Permit approval for Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 3D-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: l. En~ineerin~ Services for Miscellaneous Wastewater Proiects: J. Westborough Subdivision Lift Station A~reement: K. Permanent and Temporary Easement Contract for the North Slou~h Sanitary Sewer Project by David Turnbull: M. Water Main Easement for Red Robin by Eagle - Fairview Investment Co., LLC: N. Sanitary Sewer Easement for Sa~eland Subdivision: o. Streetli~ht A~reement for Soda Springs by Todd Campbell Construction: P. Streetli~ht A~reement for Settlement Bridge No.1: Meridian City Council January 18, 2005 Page 4 of 38 Q. Sanitary Sewer and Water Main Easement for R. Orville Thompson: R. Master Agreement and License for Landscape Maintenance Ada County Highway District's Storm Water Drainage Facilities: S. Meridian Fire Department I Ada County Paramedic Stationing and Coordination of Services Agreement: De Weerd: Okay. Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with one change, Item L go to 7-L on the regular agenda, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of L. 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 6: Department Reports: A. Public Works Department - Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: De Weerd: Thank you. Brad, you're up with the department reports. Watson: Thank you, Madam Mayor and Council members. I had a challenge to captivate you with this agenda item tonight. De Weerd: Oh, we can tell it will be captivating. Watson: I wrote a memo today, just today, and gave it to Will. Hopefully, that's being passed down to you, that describes what we are doing here. As I stated in my memo, it's been two and a half long years of trying to get the facility plan for the wastewater treatment system and collection system approved and through DEQ. We signed a Meridian City Council January 18, 2005 Page 5 of 38 contract with Carollo in the summer of 2002 and after many meetings, discussions, debates, reviews, revisions, answering DEQ questions, it's now officially approved by the state. So, I don't have that attached, because this is, actually, what has been approved, it's about three inches thick and it has lots of good stuff about wastewater treatment in it and you are more than welcome to come and review it at my office or John's office. De Weerd: Okay. Watson: You can see I have done a little editorializing in my memo, just to try to spice it up a little bit. Some of Gary's -- Gary Smith's words kind of rang true when we got this, that, you know, this isn't very exciting to the lay person, but -- they'd much rather see a five lane road or a park or a new couplet or something, something that's tangible to them and that they can use. They often don't realize that they use this multiple times a day and without much fanfare or -- or credit, you know, but as Gary said, if it doesn't function, nobody will really care about the parks, the pathways, or the traffic, really, unless they are trying to get to another city that -- where you can flush. I would like to -- De Weerd: Thank you for making this entertaining. Watson: Well, I was challenged, so -- I would like to specifically thank John Shawcroft, our Superintendent, who is here tonight. He and his crew Dan Higgs, the assistant, Fred Putzier, the collection system manager, were involved from day one in this project and this study and, really, provided a lot of the operational technical feedback that Carollo needed to get this done, Also our staff engineers Len Grady and Clint Dolsby were instrumental in getting this done. Len has a wealth of experience in construction and dealing with state agencies. Clint is kind of our in-house wastewater expert now. I thought I used to be, but he really is now, because he, actually, went to Auburn and got his masters in wastewater, so he's the smart guy on that. Also Carollo -- even through Carollo is a somewhat national firm, all the engineers that worked on this to any degree are local residents. Tim Teacup, Bill Banco, and Stewart Hurley, who, actually, lives in Meridian. As I stated here, we have already started on the design project for the major upgrade. Council approved that contract back in November, December, somewhere in there. Also included in this effort was an update to our sewer collection master plan and that's shown on the board right now, You can't make out the details; it looks like a bunch of squiggly little lines. Those are -- trust me, they are sewer lines and they run to the wastewater plant. One thing to note -- and I won't get into the reasons why, because they are many and varied -- this is the first wastewater facility plan that we have approved since before I got here in '96. I think '93 was the last plan that we had approved. So, this is a major milestone. I don't think I have anything else. I'd be happy to answer any questions on this. What I'm looking for is authorization or direction that we can bring a resolution back to Council for formal adoption, hopefully next week. I have already got a draft of that done and sent to Mr. Nary. So, if it pleases the Council, we will get that to you, Meridian City Council January 18, 2005 Page 6 of 38 De Weerd: Brad, I guess since I don't want to come and look at your stack of papers you have that accompany this, I would ask in the wastewater sewer plant, do you have provisions in there that will accommodate any odor control and noise type of mitigation? Watson: Madam Mayor, this document does not. As you will recall, we did a separate study after this was submitted to DEQ that addresses those noise and odor concerns. So, we do have two different documents. This one was submitted to DEQ in the fall of '03, late fall of '03, and we initiated that noise and odor study I think February or March of '04. De Weerd: Okay, That is a different study, but in the capital improvement planning part of it will both be a part -- integrated together? Watson: Sure. Yes, they will. De Weerd: Okay, Council, do you have any questions? Bird: I don't have, Madam Mayor. Rountree: I have none. Donnell: None. De Weerd: Okay. Do I have a motion to -- for staff on this? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we direct staff to prepare a resolution for consideration at our next regularly scheduled meeting, which would be January 25th. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) L. Award of Bid for Black Cat Lift Station to JC Constructors, Inc.: De Weerd: Okay. Item L was removed from the Consent Agenda and placed on under Item 7, so I imagine that Brad wanted that pulled. Meridian City Council January 18, 2005 Page 7 of 38 Watson: Yes, Madam Mayor. Thank you. I gave you the good news. This is the -- the other side of the coin. We received bids for the Black Cat lift station a week or two ago. The low bid was J.C. Constructors at 2.565 million dollars. The project budget that we had put together was originally done in the fall of '02 as part of that Ten Mile interchange sewer study that we were doing. Those were conceptual costs and that's what we budgeted on, So, here we are two and a half years later and all phases of that project have come in higher than what were in those -- those project budgets, In order to award this tonight and to complete one other small portion of a project, the pressure sewering of the plant, in order to complete those, this fiscal year, we need to do a line item transfer. So, this is a two-fold request. That, first, we transfer one million dollars from line item 96-170 and that 320,000 of that go to item 96-162, which is the Black Cat trunk, and, then, the 680,000 dollar -- the balance of that would be transferred to line item 96-163, which is the lift station itself. As far as the remaining portions of the project, I will come back to you in a week or two to tell you what parts of the project can be completed with this transfer and to get some feedback from the Council on what we want to do with the rest of the project. We have some preliminary cost estimates on what the shortfall will be for the project as originally envisioned, but we need to firm those up a little bit and put something on a map, so that you can look at it and see exactly what is left to be done. The causes of this are, frankly, construction costs. The fuel prices, the pipe prices, steel prices, everything that goes into building these things, have escalated so dramatically in the last 12 to 18 months that our estimates are consistently coming in lower than they used to. With that, I will just ask for approval on those line item transfers and award of that bid. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Rountree: I have none, De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the line item adjustments as stated by the Public Works director for the Black Cat trunk and lift station projects. Bird: Second. De Weerd: Okay. The motion is to approve Item 7-L as requested by staff. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council Januaty 18, 2005 Page 8 of 38 MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We are in the Public Hearing portion of our agenda. Items 8 through 12 are public hearings. By ordinance we are required'to swear in members of the public who wish to provide testimony. So, if you desire to provide testimony at any of these items, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so answer I do. (Affirmative answers.) Item 8: Public Hearing: VAC 04-009 Request for Vacation of existing 20-foot right of way south of the Milk Lateral and vacation of portions of East Granger Street within Redfeather Estates Subdivision by Packard Estates Development, LLC - south of East Ustick Road and east of Duane Drive: De Weerd: Thank you. Okay. Item 8 is Public Hearing VAC 04-009. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, just to point out tonight that not only do we not have a single final plat on the agenda tonight, we don't even have a preliminary plat on the agenda tonight. I think that's the first in the time that I have been working here. Our first item tonight is a vacation request for Redfeather Estates Subdivision and this is a right-of-way vacation. The approximate area is shown there. The property is located south of Ustick and east of Eagle Road. This is the overall subdivision as you see it here. It takes access from the east from an extension of Granger Avenue and, then, they are building their own road down into it, but as part of it they have some leftover right of way, both on Granger and, then, going up the west side of their property as it abuts the neighboring subdivision. So, those are the two portions of the right of way that they are asking permission to vacate and this will go through a separate Ada County Highway District vacation process, but they do need to come to us first and get permission to vacate that right of way. Staff is recommending approval. De Weerd: Okay. Thank you, Anna. Council, do you have any questions? Bird: I don't, Madam Mayor. Donnell: No. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: For the Council's assistance, as you know in the last couple of months we have changed a little bit of the process on how we vacate easements. This is a little different Meridian City Council January 18, 2005 Page 9 of 38 type of vacation that's being requested. This Council isn't the ultimate decision maker on vacations of right of way, it is the highway district. To make it easier from the process that was done in the past, what I was proposing and I had discussed with Mrs. Canning was that basically what -- if the Council agrees with this recommendation of approval, then, simply direct in your motion that we notify the Ada County Highway District of your decision. What the process we have used in other places is simply by providing a letter to them just advising them that you have no objection to this -- or consenting to this vacation, what the date of the meeting was, and that way they have a way to track it and, then, we don't have to create another document to have a finding for you to approve it and send it on its way. I'm trying to create less of a cumbersome process to some of these things, De Weerd: Thank you, Mr. Nary. Okay. [s the applicant here tonight? Do you have any comments? The applicant has no comment, unless Council has any questions. Okay. Is there anyone else who would like to provide testimony on this application? Hearing none, Council, do you have a motion to close? Wardle: Madam Mayor, so moved. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOT[ON CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.8, VAC 04-009, vacation for Redfeather Estates Subdivision. Donnell: And to -- Bird: And to send recommendations? Wardle: And to notify the highway district through a [etter, Bird: Second. De Weerd: Thank you. There is a motion to approve. If there is no further discussion, Mr. Berg, wHf you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council January 18, 2005 Page 10 of 38 Item 9: Public Hearing: RZ 04-018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: De Weerd: Thank you. Item 9 is a Public Hearing RZ 04-018. I will open the Public Hearing for Item NO.9 with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a rezone from L- o to C-C. The property is located on the north side of Cherry Lane and it's east of 8th Street. Go through some of the surrounding properties. There is a home right across the street in this -- right there. And, then, there is -- to the south there is also offices. To the east -- ] have a little blow up here. To the east there is a parking lot for Excel Hospice, which is this structure right here. So, this is the parking lot. And, then, to the north are homes in Meridian Manor Subdivision. And, then, to the west is an existing apartment building zoned R-8 and it kind of has an odd relationship, these three parcels. There seems to be a drive aisle here that is related to this apartment building as well. So, these three parcels seem to be tied, although they are under separate ownerships. The applicant has requested this rezone to facilitate a specific business and that is the Kinetico water systems and they have described it as a neighborhood friendly business that is retail in nature, but has minimal site visits by customers. Most of the business activity takes place at customers' homes, with the business site used for supporting office activity, light retail of accessory products, and storage of product that is installed into the customers' home. So, it's -- although it is a retail use, the actual customer component of that is less than we would typically see. This is just a conceptual site plan that the applicant has provided. They would like to use the northern portion of the property for a storage of their own vehicles, as well as some of the product, and for employee parking. Their own parking lot would be at the front of the building parallel to Cherry Lane. Staff had some specific concerns with this conceptual layout, but this was just conceptual, it wasn't submitted for approval at this time. There are a number of -- there is a fair amount of discussion in the staff report on some of the deficiencies of this layout, particularly with reference to the required landscape buffer at the north for the single family residential and, then, the west property line for the multi-family residential. One of the other issues that was raised by staff was the need to have a cross-access to the parking lot that serves the Excel Hospice to the north. I pointed out this was just -- this whole neighboring property with a semi-improved parking lot. We would want a stub going over to that property and, then, a cross-access, so that they could eventually kind of share parking access at the site. The Planning and Zoning Commission did hear this application on December 16th of 2004 and they have recommended approval to the City Council. At the Public Hearing Don Burton of Kinetico Water Quality Systems testified in favor of the application. No one from the public testified in opposition. The key issues of discussion by the Commission were the -- the need for alternative compliance for those landscape buffers as I just described and the ability to meet parking requirements within constraints of the site. And, then, also the ACHD requirements for access to Cherry Lane. The only changes to staff's initial recommendation were that the Commission did recommend that the applicant work with city staff to obtain the alternative compliance Meridian City Council January 18, 2005 Page 11 of 38 for the landscaping at the northern property boundary. And this exact site plan is not actually up for review tonight, this was just a conceptual site plan. To our knowledge there are no outstanding issues before City Council. And with that I will end staffs presentation. . De Weerd: Thank you, Anna. Any questions for staff at this point? Okay. Would the applicant like to come forward and comment? I guess my only question is do you agree with the change that was made at the Planning and Zoning Commission meeting? Burton: Yes. We have no concerns with the stipulation and changes required there and requested by P&Z. In fact, some of the things we are very much in favor for, the contiguous asphalt between this property and Excel Hospice next door, and we will work very diligently and closely with staff on the alternative compliance on the landscaping and buffering issue on the north side. De Weerd: Okay. Burton: And as far as parking goes, we have had some engineering work done and I don't think there is any concerns with parking, as we will see. Canning: I'm sorry, sir, could you state for the record your name and address? Burton: Sure. I meant to do that when I came up and got distracted. My name is Don Burton. I live in Meridian, Idaho, and own Kinetico Quality Water Systems, also operated in Meridian, Idaho, right now. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Donnell: None. Rountree: I have none. Burton: Thank you, Madam Mayor. Thank you, Council. De Weerd: Thank you. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing. Wardle: Second. Meridian City Council January 18, 2005 Page 12 of 38 De Weerd: The motion is to close the Public Hearing on Item NO.9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion to approve request for a rezone of .74 acres from L-O to L-O to C-C for Kinetico Quality Systems of Treasure Valley. Rountree: Second. De Weerd: Okay. The motion is to approve Item 9. Is there any further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ. 04-031 Annexation and Zoning of 8+ acres from a C- 2 zone to a proposed C-G zone for Meridian Gatewav by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: De Weerd: Okay, Item 10 is a Public Hearing on AZ 04-031. I will open Item 10 with staff comments. Canning: Madam Mayor, Members of the Council, this is another rezone request. This property is located at the southwest corner of Overland and Meridian Road. It currently is the site -- a very small portion of the site is currently used for the Country Corners gas station and convenience store. The site is a total of nine acres, or 9.08 acres, and they are currently zoned C-2 in the county and they are requesting a C-G zone in the city. This site is designated as commercial on our Comprehensive Plan. There are a number of uses going on on this site. As I mentioned, there is the Country Corners. There also appears to be a junk yard, for lack of a better term, or accumulation of junk, anyway, on a portion of the property and our staff has been coordinating with the Ada County staff, who is actively working on it on some of the violations and we feel that the development agreement conditions that are proposed along with this do address some of those concerns. Let me get to that. Having a hard time finding it for some reason, The applicant has provided, again, a conceptual diagram of how the property might develop. They are proposing a fairly large commercial building, assumed to mostly be retail at 52,000 square foot and, then, a smaller pad site out by Meridian Road behind the existing gas station. Again, this is conceptual in nature and is only provided to Council Meridian City Council January 18,2005 Page 13 of 38 to show that the property is capable of being redeveloped in this area. Some of the issues associated with this site plan, again, that we have raised in the staff report, but are not a specific issue right now, are the access to Meridian Road. ITD has stated that access will be just from Overland Road and staff is supportive of that decision. Some of the other issues are the necessary right of way required for future widening of Meridian Road -- will take out some of the current facilities that the gas station does have. There is a propane tank that's located very close to the existing right of way, so that would need to be relocated and, then, just the need to bring the existing gas station site into compliance of Meridian city code. So, in the development agreement staff has proposed that all future uses of these proposed lots would require conditional use approval and that prior to issuance of any building permit on the subject property -- so that would be any of these buildings prior to issuing that building permit all existing uses -- so, again, including the existing Country Corner -- shall be properly abandoned or brought into compliance with Meridian city code, Meridian fire department, and also subject to conditions of ACHD and lTD. The Meridian fire department -- we have listed those specific concerns that they have on the existing use. Now, this is not their standard conditions of approval that would apply to any development, we will get those at the time that the development is applied for, but these were particular issues related to the site conditions as they are today. So, we wanted to make sure that those were addressed before any building permits were released on the property, The Planning and Zoning Commission has recommended approval of this application. They heard the item on December 16th. Jeff Huber with White-Leasure Development Company testified in favor of the application. And, again, no one from the public testified in opposition, The key issues of discussion included the junk yard on the rear portion of the site, the nonconforming convenience station Country Corners, the restricting access to Meridian Road, State Highway 69, and they discussed bringing the site into compliance with the City of Meridian code prior to issuance of any permits on the property. And they discussed the timing or phasing of the development and the interconnectivity with adjacent properties, specifically the Southern Springs Subdivision in relation to other commercial operations. Southern Springs is across the street and just how those two items kind of lined up with one another and the timing. They also discussed the required development agreement. There was no changes to the staff's initial recommendation and to our knowledge there are no outstanding issues before the City Council. The applicant is here. I believe he was in agreement with the conditions of approval at the end of the Planning and Zoning Commission hearing, but he is here. De Weerd: Okay. Any questions for staff, Council? Bird: I have none, Mayor. Donnell: None, De Weerd: Okay. Would the applicant like to make comment? I don't believe you were part of the swearing in. Huber: Okay. Meridian City Council January 18, 2005 Page 14 of 38 De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Hube~ Yes,MadamMayo~ De Weerd: Thank you. Please state your name and address. Huber: My name is Jeff Hube~ My address is 416 South 8th Street, Boise, Idaho, and I represent White-Leasure Development Company, the applicant. De Weerd: Thank you. Huber: This particular corner we feel has a lot of potential to develop and that's why we have submitted a conceptual plan to you at this time. One of the first steps in developing this property properly is to get it annexed into the city, so that we have access to the city sewer and water and services and, then, we can attract some tenants to this particular location. We are in agreement with the staff report. I just want to make a couple of comments about -- I have been working with ITD, we have got a number of accesses on Meridian Road and we have been working with them to reduce those down to a limited number of accesses. There would be some limited access off of Meridian Road. I believe the commercial development to the east has access from -- was it Comfort Road? Canning: Calderwood. Huber: Calderwood. Which we don't have that kind of an access at the western part of our property, so that we are negotiating with ITD for some limited access onto Meridian Road. And, then, of course, Overland Road is slated to be reconstructed, the intersection, and the road widened in the near future with ACHD and we have been working with them on that plan also. If you have any questions, I would be happy to answer them. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to clarify the point you made with ITD, you're still in the negotiation phase, so no decisions have been reached? Huber: Correct. Rountree: Or agreements? Meridian City Council January 18, 2005 Page 15 of 38 Huber: The owner of the property has some dedicated accesses there that he actually purchased from ITD in the past. Without knowing exactly what tenants we are going to have, I have not applied for access points in a certain location yet. Once we have a tenant we can do a site plan, then, we can see where the access has to be and that's when I would work with ITD to establish that limited access there. De Weerd: Anything further? Rountree: That's all. De Weerd: Council? Okay. Thank you very much. Huber: Thank you. De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing for Item No. 10. Wardle: Second. De Weerd: Okay. The motion is to close Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the annexation and zoning of the eight plus acres from C-2 zone to proposed C-G zone for Meridian Gateway, AZ 04-131 -- oh, let me do that again. AZ 04-031. Wardle: Second. De Weerd: Okay. The motion is to approve Item 10. Is there any further discussion? Mrs. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Meridian City Council January 18, 2005 Page 16 of 38 Item 11: Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Renoticed to February 1, 2005 due to improper noticing De Weerd: Thank you. Okay. Item No. 11 is Public Hearing for VAR 04-007. I will open this Public Hearing with staff comments. Canning: Madam Mayor, there was an improper posting -- or I mean noticing on staffs part, so we are asking that this be renoticed to February 1 st. De Weerd: Did you tell the applicant? Canning: Yes. He knew. He's just hanging out with us tonight. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Did you open the Public Hearing? De Weerd: Mr. Bird, yes, I did open the Public Hearing. Bird: So, we need to continue it untij when? Nary: February 1 st. De Weerd: Okay. So-- Bird: Madam Mayor? De Weerd: Yes. Bird: j'd move we continue Public Hearing V AR 04-007 to February 1 st, 2005. Rountree: Second. De Weerd: Okay. The motion is to continue Item No. 11 to February 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: MI 04-017 Request for a Miscellaneous application to operate a food vending operation hot dog trailer in a C-C zone for Steven DiMaria by Steven DiMaria - 1600 Main Street Meridian City Council January 18, 2005 Page 17 of 38 De Weerd: And please accept our apologies. Okay. Item 12 is Public Hearing on Ml 04-017. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is one of the few times when staff has gone to make a staff report and we haven't known where to go or what to do. So, I guess I'm going to apologize in advance for kind of the looseness of staff's presentation tonight and ask for guidance and I think that M~ Nary and I agreed that perhaps he would start off this discussion tonight. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This application that's before you is under the miscellaneous application, because what is being sought here doesn't exactly fit in the ordinances as they are currently constructed in the city. Most of these types of operations -- the reason this is classified as a temporary use is because the actual physical structure of the property is moveable and it's not a fixed location. We don't necessarily require that it be a fixed location, but it doesn't really fit exactly in a temporary use either, because, obviously, the applicant is not wanting to just temporarily operate like a short-term vendor would be for Dairy Days or Scarecrow Festival or something like that, but, rather, he simply wants to continue operating, it just happens that he is in a structure that is movable and, therefore, can be temporary in nature, even though he may not intend to move it at any, you know, point in the future. What the Council can do in hearing the testimony tonight is try to -- and hearing all the testimony, try to fashion some standards in which the Council has, within its purview, to decide on things that deal with public safety aspects and the ability to protect the health and welfare of patrons that may use this property for the purpose that's there. Some of the testimony you may hear may be regarding -- based on the application regarding the location of this property. It's a trailer that's designed for food vending, but it's in a parking lot that has no other improvements around it. So, the Council may want to consider that. Most of these types of operations, in my experience, are licensed operations. They -- the normal way cities, municipalities deal with these types of operations that can move is to simply create some licensing standards and require an application generally annually by the operator and a set of standards in which to meet and code enforcement can, then, enforce if those aren't being met, to assure, again, the public's safe in the operation, the public has some assurance as to the viability of the operation and some accountability by a person that's an applicant licensed and has some insurance and a permanent address and those types of things. We don't have that. We used to have that here in the city. We had a merchant ordinance back probably five years ago or more, M~ Berg had indicated, and that was repealed by the Council back then. There was some belief at that time that repealing that ordinance would, then, mean that those types of businesses that were, again, temporary in nature or could be in a temporary location, wouldn't operate without that licensing. Well, that's not really the case. That's just the normal way a government chooses to regulate something, that's how you would do it with movable businesses. So, the staff -- my office and Mrs. Canning's office, we have kind of struggled for the last week in trying to Meridian City Council January 18, 2005 Page 18 of 38 put together a presentation for you. What is before you tonight, I guess to boil it down, is you have an application for permission to temporarily use some property in a vehicle - - in a vending operation that can move and I think you have the ability and the authority under your ordinances to interpret some reasonable standards in which to' place upon that business to safely allow access by the public. I think if you would also want to consider, in addition to that, some direction to the staff on -- if you would like to see some other standards or some licensing opportunities and come up with some standards for a license application that could, then, be available to others, because just as an example, the same day we had this discussion at the staff level, I received a call from a person who would also like to operate this type of business in a temporary nature on Friday and Saturday nights in our downtown area. Currently they can't do that on a sidewalk or on the public street, they can only do that on private property, like this business, if they go through this temporary use process and put us back in the same boat of trying to figure out what's the safest reasonable standards to apply to these businesses. So, I'd ask you to consider as well, on top of your discussion tonight, not in relation to this business, but in future if you would like to give us some direction on coming up with some standards and some licensing types of standards for this, we could certainly do that as well. Again, I apologize, the same as Mrs. Canning. I don't know that I can give you a whole lot more direction than that as to how your ordinances will apply to this scenario, but, hopefully, if that can help you get started. If you have other questions, I can certainly help in answering that. De Weerd: Thank you, M~ Nary. Any questions for staff at this point? Bird: I have none, Mayor. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Did we -- just for my own, you know, clarification, did we not have an expresso shop in front of the old Intermountain Arms building at one point? De Weerd: Yes. And I believe they had to come through for a CUP, because they had a drive-thru; is that correct? Canning: That would have been true if they did have a drive-thru. And, Mayor, I did have a little bit of follow up to Mr. Nary before you take the public testimony, if you want. My choices in regulating this -- and this is just explaining a little bit about where the gap is. It's a retail use in a retail district. So, the question is is this a -- what kind of approval process does this go through. If it were a permanent building, then, it would go through a certificate of zoning compliance approval and we would look at things like how much of the parking lot they are disturbing and if it's more than 25 percent, then, the whole parking lot needs to come up to a better standard. But it isn't a permanent Meridian City Council January 18, 2005 Page 19 of 38 building, so -- so that process is out. The other area I have to look at is whether or not it's an accessory use and the accessory standards are fairly open, but the one that it -- it talks about the size of the lot, the nature of the principal permitted use, and its relationship to the accessory use and whether there is actual incidence of'similar uses in the area and, usually, I take that to mean the City of Meridian or even larger, the Treasure Valley area. And, then, the potential for adverse impact on adjacent property. And this was one where it wasn't customary to see a hot dog stand way out at the front of a parking lot, as opposed to closer to the building, such as you would see at Home Depot, where that's -- that's really an accessory use of the Home Depot is the hot dog vendor out in front. So, it's kind of -- I couldn't make the determination that it was an accessory use either. And that's why you have an application for a temporary use in front of you. And as Mr. Nary explained, because the -- even though the nature of the business, they don't want it to be temporary, the structure that is in is a temporary structure. Otherwise, I would be just taking it through the certificate of zoning compliance. Given that, you do have a staff report included with you and what Mr. Hood has done, as just a suggestion -- and I need to make this clear, that these are not -- is not existing code that he's looking at, but he's looked at some of the standards we have been developing with the process improvement group for temporary uses and he's raised some of those as potential considerations for the City Council, if you choose to approve this use. Those are some of the basic safety issues that you can address. Those are called out in that staff report. So, that's what that staff report -- those standards are. They are not existing standards, it's standards that we are proposing in the new ordinance and just as a starting point for discussion is all they were. So, with that I will take any questions or let you move on with the hearing. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: What kind of permit or license do these snow cone places have in front of Fred Meyer? Canning: The one that -- Donnell: There is no difference than this. Canning: The one that's there on the permanent foundation is -- it's been there for awhile and I assume that that was approved as part of the -- the overall development on the property. Again, it is a retail use in a retail district. But that's one's on a permanent foundation and -- so I haven't actually processed that one. Now, if it has a drive-thru, it has to have conditional use approval. That's just -- that part I can deal with. That's a defined use. I know that much of it. One of a similar use that we did do recently was the emissions testing vans and those, because they are -- it's a very similar structure in that it -- you know, you can haul it up and haul it away, but because it's a quasi-public Meridian City Council January 18, 2005 Page 20 of 38 use there, we did make it go through a conditional use approval for a quasi-public use. And, again, it's a drive-thru, too. You keep the car idling there, so it's really the same issues as the drive-up or drive-thru window. So, that one we did make go through the conditional use process and some of the conditions that we placed on it were just kind of getting it out of the parking -- the parking lot flow and getting some safety there around the building and some flower pots, as I recall, to kind of mark some areas for that. Donnell: And the Taco Burrito -- the ones that I see at the speedway and out at the Country Corner-- Canning: That's a chasing target -- a moving target, so -- Donnell: Okay. So, it depends on whether they have wheels? Sort of? Canning: Yeah. And how long they are kind of staying somewhere. Donnell: Or whether you have to get out of your vehicle and go to the business to purchase whatever it is that you're going to purchase, rather than do it from your window? Car window? Canning: Yes. Those are some of the considerations we are grappling with, so-- Donnell: Goodness. De Weerd: So, as you can see, there is a lot of questions and that's our challenge as a growing, dynamic community, that we get to sometimes do this by the seat of our pants. Any other questions for staff at this point, Council? Okay. Would the applicant like to come forward. Were you sworn in, sir? DiMaria: Yes, ma'am. De Weerd: If you will, please, state your name and address. DiMaria: Madam Chairman, Council, my name is Steve DiMaria, I'm a resident of Meridian, Idaho. De Weerd: Thank you. DiMaria: And I'm the gentleman that's kind of causing this controversy with my little hot dog traile~ And one of the things I'm requesting is that -- I know you don't have any particular guidelines for something in the past, but what I'd like to state is that in the five weeks that we have been at that area we have had cars stop in front, we have not really -- the true explanation -- created any traffic jam or that we have had many -- over 150 plus residents, many of Meridian, try our food and really like it and say it's been a long time that someone brought a hot dog to Meridian. They are kind of hamburgered out. Meridian City Council January 18, 2005 Page 21 of 38 All I'm asking is for consideration in your guidelines to operate there in that area, which I'm paying rent for and having a lease agreement with Rite-Aid. I've also taken further steps that if for some reason you find it unbearable to have me out in that little area, that I could possibly relocate, as Mustards did by the Home Depot, next to the building. But one of the reasons -- and this is -- I wanted it out there is because we are a four-by- eight, 32 square feet, very small. Before you notice me you're passed me and we try to put it into a location which is only 1/6th of a parking space, which is 9-by-20. Also, I'm only taking 1/6th of a parking space of 99 parking spaces that are allotted to Rite-Aid and we tried and I gave dimensions to you great people as to just pinpoint just where we are at and all I say tonight is, please, give me consideration and my customers to stay where I'm at and operate, because we do feel that we are contributing to the residents of Meridian in a small way. Thank you. De Weerd: Thank you. Council, do you have any questions? Bird: I have none. De Weerd: Thank you very much. DiMaria: Thank you very much, De Weerd: Okay. John Forsberg. Forsberg: Madam Mayor -- De Weerd: Were you sworn in, John? Forsberg: I was not. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Forsberg: It is. De Weerd: Thank you. Please state your name and address. Forsberg: John Forsberg, 2320 Cadillac Drive, Meridian, Idaho. De Weerd: Thank you, John. Forsberg: I'm not really for or against this whole thing, I'm just wondering how something like this comes in and changes the use of a parking lot in its small way without that parking lot being upgraded to current city ordinance. It seems like to me that it kind of puts the horse before the cart here and -- or the cart before the horse and it just kind of grinds on me that the rest of us have to abide by all these rules and Rite- Aid seems exempt from everything. That's alii got. Meridian City Council January 18, 2005 Page 22 of 38 De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you. Donnell: I do. Madam Mayor? De Weerd: Mrs. Donnell. Donnell: John, are you referring to the condition of the -- of that parking area? Forsberg: I am. Yes. It's as unattractive as it gets and it's supposed to be the Gateway to our city and we are in just -- I mean probably do better just to take a bull dozer to that whole area. I don't know. Donnell: Does the hot dog stand improve the looks of that parking lot? Forsberg: Not-- Donnell: In your view? Okay. Forsberg: It doesn't -- it neither detracts from it or adds to it, it's just -- it's just there and the whole thing is, you know, very '70ish. De Weerd: Thank you. Okay. I have one other person signed up to testify. Jeff Gerard. Did I say that right? Gerard: Yes, you did. De Weerd: And I do know I swore you in. Gerard: Yes, you did. De Weerd: Please state your name and address. Gerard: Jeff Gerard, 517 Kebob Trail Drive here in Meridian. We have been homeowners now -- tomorrow it's a week. So, we are very new to this wonderful town. De Weerd: Welcome to Meridian. Gerard: I'm here to speak for the hot dog stand. It is delightful. If you stop by you would know why I'm standing here. It is one of the most -- the best hot dogs I've ever had and it would very much a shame that this city would lose that. That's all I wish to say. Thank you. Meridian City Council January 18, 2005 Page 23 of 38 De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Canning: Madam Mayor, would you like some further explanation about the parking lot issue at this particular location? De Weerd: Well, Councilmember Donnell would like some samples of the hot dogs. Canning: It sounds like a good idea right now, doesn't it. Madam Mayor, Members of the Council, this is -- to further complicate factors, of course, this site has some outstanding issues on it that have been particularly tricky for the city. The Rite-Aid building sits on a separate lot. Actually, several portions of that large structure that makes up that row of buildings are on separate lots and there is a cross-access and parking agreement, but since no use has come into -- that's asking to trigger that 25 percent standard that I mentioned before -- the landscaping ordinance says if you're going to -- if you're going to do -- restripe or repave or reconfigure more than 25 percent of the landscaping, then, the whole -- or the parking lot, then, the whole parking lot needs to be redone. But there are issues among the tenants as they don't agree on when that should be done or how that should be done. So, the city is actually holding a bond for the Salvation Army, which is no longer even in there, for some of the parking improvements, but the next use that goes in and things like that. So, there is a longstanding issue about this parking lot. But this one particular use does not trigger the need for the whole parking lot to be redone, is basically what it boils down to. So, even though that's an outstanding issue, the code's pretty clear that this one use won't trigger that. De Weerd: Thank you, Anna. Any other questions from Council? Okay. And if there is no further testimony, Council, would you like staff to prefer -- or to pursue some standards to start crafting an ordinance to look at permitting requirements or a business license requirement? I don't know what direction you want to take this or if you want to - - how you would like to proceed. Mr. Wardle. Wardle: Madam Mayor, my preference on this issue, really, first, was to allow an opportunity for some public comment on this and we have had some of that this evening. I think it's important for us to have a licensing or permitting application in place. I think, as Mr. Nary pointed out, we are going to have some more of these come through and I think we need a standard policy and, really, that's all the applicant is asking for this evening is what is our standard policy, what are our procedures, and so I'd like to just kind of open things up for discussion as to how -- as to what those would be. The one question I have is about the setback requirement, which would affect this current application, as well as some in the future, and I'm not sure if we -- in my personal opinion, whether we need to identify that by size or whether it's sight obstructing to any of the ingress or egress portions of the parking lot -- I mean to me that's one of the first issues with this and potentially future applications. Meridian City Council January 18. 2005 Page 24 of 38 De Weerd: Okay. Do you have some preferred direction you would like to give staff? Wardle: Well, if we don't necessarily want to have a discussion, I would certainly prefer to bring -- to have staff craft some sort of a licensing arrangement which these people could apply for -- these types of uses could apply for, with some specific direction to placement on individual properties, private properties, and, then, we definitely in the future need to look at the city's policy about placement on public property, but I think that's -- we can use some of the same standards, but that's a separate discussion from this private property issue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't dispute what Councilman Wardle is saying. Another concern I guess I would have is -- or question, how many hot dog stands can that parking lot sustain? And I don't want to put it in terms of a control feature, but in the permitting process how many of those footprints are you going to put in a specific parking lot before it becomes a problem? That's the problem when you start crafting language for these kinds of things to deal with and for the enforcement folks and, then, the folks that are trying to operate these things. So, I think it's well intended that we look at it, but there is some tough issues to deal with in how to craft the language in terms of density. If Rite-Aid wanted to put in 25 percent of their parking spaces in these kinds of retail outlets, whether it's hot dog stands or curios or whatever it might be, what's the saturation level? De Weerd: And I guess that's the direction staff is looking for, you know, in terms of -- it is a good question and it has nothing to do with this application, it's, in general, if you had five of these out there, when would it trigger the need to bring the landscaping up to standards as was brought -- the point made in testimony. And what do you want that to look like? Where would you want them parked, in the middle of a parking lot unprotected -- you know, I think there is a safety issue. It's a small thing, it could be easily hit by a car -- I mean cars are hit by cars in parking lots. I know that seems odd, but, you know, I -- some weird things go on in our parking lots. These are the kind of things that need to be crafted or considered if you are going to go that direction in trying to make a policy or business application. Canning: Madam Mayor, Members of the Council, remember that this is perhaps the exception and not the norm. Don't forget about the vendor that wants to come to Scarecrow Festival and Dairy Days. Would you like staff, in developing those standards, to primarily focus on these that are -- that are not moving off the property say after 48 hours or something like that, that aren't there for a specified public event, so -- actually, I just -- that's pretty good, that specified public event. I like that. Anyway, if you want these to just regulate that and, then, maybe exempt those that are just there for a short period of time, that will help me to know that I'm just focusing on those. Is that fair? That the business license would still get the short-term ones, but the standards related to development would apply to these semi-permanent ones. Meridian City Council January 18, 2005 Page 25 of 38 De Weerd: In this case I guess a question for the applicant. Does Central District Health inspect your facility? Yes? DiMaria: Yes. Yes, Madam Chairman. I have a -- I have a certificate from the health department and it's in my traile~ De Weerd: Okay. DiMaria: And I also have my state ID tax certificate in there. And I do have two million dollars liability insurance -- De Weerd: Oh, that's good. DiMaria: -- on that, in and out around that area, and it also includes and states Rite-Aid also with that. De Weerd: Well -- and I -- those are good points and probably should be consideration for any kind of a business license for it, more of a -- not permanent structure, but more than a temporary structure. DiMaria: Well, that was one of the reasons, because of the nature of where I'm at, I was asked to cover two million dollars liability insurance and that's what I do have on it. De Weerd: Okay. Thank you. Council, I guess also direction to staff -- at the beginning in the presentation it was to allow the operation to continue to go forward until we come back with recommendations. Mr. Wardle. Wardle: Madam Mayor, that's a procedural question I was going to ask legal staff. If-- or one of the questions I have is do we need to act on this miscellaneous application to allow the applicant to continue business and, then, if not, if we are going to create a policy, some sort of business license fee, there is -- there was a fee associated with bringing this application forward and so whatever we do there, I think we need to somehow make some consideration in that respect. Nary: Madam Mayor, Members of the Council, Councilmember Wardle, you have a couple of different -- different things that you may want to conside~ As for this temporary operation, it is sometimes very cumbersome in dealing for the staff, as well as the public, when uses are allowed to continue pending us, the city, taking further action. The Mayor's office, the Council, the staff have taken a lot of criticism at times for allowing what some people think of as a problem to continue without some standards around that. So, you may want to consider that. The application that's in front of you -- my recommendation would be that you -- can do a couple things. You could ask based on some further direction, some of the safety considerations we have talked about, some of the -- the fact that currently it appears from some of the more anecdotal evidence that the staff has received is that the facility, because of just where it's located Meridian City Council January 18, 2005 Page 26 of 38 and how it's located, is being used currently both for walk-up and drive-up in the same space, I think there is some safety concern with that. What you could -- could direct is if you'd like is for the staff, based on some direction from you, to meet with the applicant and come back in a couple of weeks with some generalized standards fo"r safety and the protection of the public, that you can, then, act on the temporary application. In addition to that, you may also, again -- and in that temporary application would be -- and Mr. DiMaria would be aware that what we would be looking at is creating a licensing that would apply to these semi-permanent types of businesses. So, the temporary application would have an expiration. And although Mr. Bird is very good to encourage at how fast he thinks things can happen from the city attorney's office, he recognizes, as we all do in government, sometimes things take a little longer than we thought. It may take us a little while to create some standards that are fair and reasonable and to get public input on making sure that we are crafting things that address the variety of different -- and I don't like the term itinerant merchant, but as we were sitting here discussing the last few items, I looked and every other city, except the city of Garden City in our surrounding area has an itinerant merchant ordinance, except us and Garden City. We want to be able to address the people that sell fish from a bus to versus people that have a fixed structure that they have, obviously, invested some money in and some capital in and trying to create something different. So, I think we have to identify what we are looking at between the ones that want to operate for the Scarecrow Festival and someone that wants to operate a taco van next to the speedway and try to find what's fair. That may take some time and I don't want to hold up an application or recommend that you hold up an application for two or three months and have them continue to operate on that tenuous thread while we are working on it. So, that's a suggestion you can certainly direct us to do and bring you back some reasonable standards for the temporary nature of this right now and, then, we can further, then, put the licensing provisions together in a better way and, then, bring that back to you as well and, then, when Mr. DiMaria's temporary license or temporary operation is expiring, he can, then, apply for a license and, then, we can move on. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I was really listening to you very carefully, M~ Nary, but it seemed to me that you said -- you said one thing and, then, you contradicted it again. And so perhaps I wasn't listening as carefully as I thought, but I -- so I'm going to make this comment and if I -- if it was what you already said, then, I apologize. It could get there. It could get there. I don't think that any of our businesses or developers or anyone should have to suffer because we don't have something in place that addresses their issues, their licensing or their application or -- obviously, you know, this applicant did his -- his work with the tenant or whoever he's renting that space from, that piece of earth, parking lot. Bad parking lot. But we -- but because the city didn't have anything in place that gave any guidance to this kind of business, then, it seems to me that we shouldn't have them not operating their business once they have begun that operation and waiting for us to come up with some kind of licensing or ordinance. So, having said that, I would just Meridian City Council January 18, 2005 Page 27 of 38 encourage the Council to approve the request for this miscellaneous application and, then, of course, to direct staff to put together a draft of a licensing for these itinerant merchants that we can review and, then, pass at a later date. So, were you hoping I'd put that into a motion, M~ Rountree? . Rountree: When we close the hearing. Nary: Madam Mayor? Canning: Madam Mayor? Nary: Madam Mayor? De Weerd: M~ Nary. Nary: Okay. And I probably wasn't clear, Councilmember Donnell, and I guess I wasn't trying to be contradictory. You always have -- this Council always has generalized police power to protect the public's interest and I think at least some of the discussion has been on some of the concerns about the safety of this operation in its location and whether or not some modest safety standards should be met, whether it's too close to the driveway entrance, whether it's in a drive aisle, whether there should be some barricade or barrier to prevent drive-up and walk-up in the same spot, where there should be some -- not landscaping necessarily, but some type of protective around this structure, so no one runs into it. I think you can give that direction and still consider the temporary use of property and do that. My only suggestion was -- is rather than all of you try to craft that tonight as to what the specific things are, is that if that's your direction, you can certainly direct the staff to meet with the applicant, for us to come up with those suggestions and bring those back to you in a couple of weeks and, then, you can take up the temporary license issue or the temporary use issue. Also, in the same time direct the licensing provision part processing go forward, so that we can collect some data and information as to what do we regulate, what kind of activities are there, are there differentiations between the type of itinerant merchant types of operations that are out there, so we can start crafting some licensing things. It's just two different things. I'm sorry if it sounded contradictory. Donnell: That's okay. Canning: Madam Mayor? De Weerd: Anna. Canning: Members of the Council. Regarding the safety standards that Mr. Nary has mentioned, we have taken a stab at those and beginning on page three of M~ Hood's staff report there is a lot more text there than -- than is actually -- I don't want to go through them one by one, but what I'd like to do is just give you an idea of the direction that staff wants to take regarding some of those life safety standards and maybe just get Meridian City Council January 18, 2005 Page 28 of 38 a general thumbs up or nod of the head or shake of the head, depending on Council, just so I can get a feel for what kind of standards we should be crafting before we actually go to do it and I do apologize for this, this is why I apologized at the beginning is I knew it would come down to this, but just to get some idea from Coundl where they wanted to go. For instance, regarding the location of the structure, staffs general feeling is that it should be out of the required landscape buffer and out of the required travel lanes that are in the parking lot. Is that something City Council would be supportive of in general? Okay. I have got one nod. Donnell: That's because I wasn't listening to you, Anna. See, I tried very hard to listen to Mr. Nary, but I wasn't listening to you. So, tell me again what that was for a nod or-- Canning: On page three Mr. Hood had started looking at some of those kind of basic standards that we would be looking at. Donnell: Just that last remark about the -- Canning: Location? Donnell: Yes. Canning: Yeah. We generally thought that this should be located out of the required landscape buffer. Now, in this case there is not landscape -- the full required landscape buffer, but we thought it should be located beyond that 25 foot area. And we also felt it should be located outside of any drive aisles for the existing parking lot. Donnell: Thank you. Canning: Okay. I have got two nods now. Okay. And poker faces from Mr. Wardle and M~ Rountree. Wardle: Madam Mayor, just my comment, Anna, about that. From a safety point of view, if those drive aisles and those buffers were put in place when the project was approved to allow safe passage in and around those businesses, I would agree that that is a standard that we can meet. Certainly visibility is important for the business, but we need to, in my opinion, take that into conversation, just the safety of travel within the entire parking lot. So, I would be comfortable looking at that specifically. Canning: Which to read between the lines, means that you're not as concerned with the landscape buffer width? Wardle: My personal concerns is the actual safety -- Canning: Okay. Meridian City Council January 18.2005 Page 29 of 38 Wardle: -- and to make sure that the property is safe and that the customers of all the businesses in that parking lot are safe. Canning: Okay. M~ Rountree? Rountree: I'm okay with the way this is written. Canning: Okay. And, then, regarding the structure, his is only 32 square feet. What we have been looking at in the new ordinance was 500, so -- which is quite a bit large~ So, we probably won't have any restrictions regarding size pertaining to this particular one, since it is so small. We probably have a general condition saying that when he moves it off it needs to be returned to a -- basically the way it was or better than what he found it. Okay. Parking and access. I think that we have discussed that with the safety issues, so I think I'm clear there on where to go. We would intend to require him to configure that so that folks could not drive up to the window, because that would be a drive-thru use and would require conditional use approval. I got general nods on that one as well. And, then, prevent traffic hazards and nuisances, we'd certainly keep that in. Regarding signs, we would probably put a general one in saying that they should meet the sign ordinance standards. And that would be for kind of more like a structured use, since we don't have temporary uses listed, we'd treat it more like a regular structure. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just on that, in future applications I believe that that -- there shouldn't be a sign application submitted for the individual license. Canning: Okay. Wardle: Does that make sense? It should all come as a package, signage -- with approval within those standards. Canning: Hours of operation. Staff has not recommended anything. That would certainly be something I'd like some input from Council on. Rountree: Anna, I guess the input I would have there is it would be consistent with whatever constraints might be on the existing retail. If there are none, then, I don't see any reason to enforce them. Canning: Is there general agreement there? Bird: I would agree with Councilman Rountree. Canning: I did skip one. This applicant doesn't have -- currently have any motorized equipment, but we would probably make it a condition of approval that no compressors Meridian City Council January 18, 2005 Page 30 of 38 or .other motorized equipment that's unmuffled or would create excessive noise on the property. And, then, the time period we are recommending 12 months. That addresses kind of the temporary nature and gives us time to get a vending license in place and would probably be recommending annual approval of those business Iicens"es as part of that package. I think that that's pretty standard. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now, Anna, I know that we got a lot of red tape and we are awful slow and Mr. Nary has got really slow since he's moved three chairs to the right. Nary: Thank you for not forgetting to mention that. Bird: But 12 months for a temporary? Come on now. Canning: Well, he would be allowed to operate for 12 months. Bird: I know, but I don't agree with that. I think we give two -- you're going to have other people come in. Once this gets out tomorrow morning, you're going to have other hot dog stands showing up. Are you going to give them all temporaries for a year? Canning: Madam Mayor, Members of the Council, I hope to have a new -- a whole new ordinance to you. The draft comes out the end of this month. As part of that I've got a significant section on temporary uses. The standards that are in here now are ones that we have developed for that ordinance. So, this would address these kind of semi- permanent ones that wouldn't get the business licensing. That's -- that's M~ Nary's task, I suppose. But it will get these ones that are more than 48 hours or more than for a specified public event or something like that. So, we do have some upcoming standards that are drafted and should be to you shortly, so -- Bird: Why is it going to take us take 12 months to get an ordinance in place or a license in place, permanent license, that we can offer on a yearly basis? De Weerd: Anna, I think what he's suggesting is that this be put into place on this application for a period of time that gives us an opportunity to have a policy to go through the public process and, then, when this applicant comes back to renew, all of those things are in place at that time. So, I believe that Councilman Bird's comments are more let's not try this for a year, but for this particular one put it -- a reasonable time frame that all these other preparations can be put in place, go through the public process, put in place, so that when he comes back to renew, we have a process that-- Bird: Is permanent. De Weerd: -- is permanent. And, Council, you can put that time frame on yourself. Meridian City Council January 18, 2005 Page 31 of 38 Canning: Yeah. In previous discussions we had talked about the director having the review and approval authority for these temporary uses. So, it would not be a Public Hearing process such as the one we have tonight. . De Weerd: Well, my comment, Anna, is the policy itself will go through a public process -- a Public Hearing process, not that we want to hear -- we love seeing all these temporary vendors in front of us, but that's fine that it stays with you. I mean the policy itself would come through a public commenting period and they can -- Canning: Yeah. I'll have -- I'll have the land use portion to you soon. And just so I'm clear, Mayor and Council member Bird, when you say a permanent approval, you just mean a permanent process? Bird: Yes. Canning: Okay. Okay. That was the other thing that was -- that I was concerned about. Okay. Just so -- you just want -- De Weerd: A policy. Canning: -- an established process in ordinance. And I will have that to you before you -- Bird: I want the gentleman to be able to walk in in a certain period of time, get his license, and he's good for a year. He don't have to come through this -- what he just went through. But we have a license, we collect a fee. Because I'm -- he's not going to be the only one as we grow larger. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And I would agree, I think that we can put a process in place in six months, because this was really brought to our attention, because we didn't have this in place. And the one thing that I would do is because we are talking about a 12 month licensing program, is that we grant this application, a six month temporary use, and, then, allow the fee that's been paid for this application to apply towards that 12 month license. I think it's only fair. Bird: And I agree with you, Councilman Wardle. Donnell: So do l. De Weerd: Okay. Meridian City Council January 18, 2005 Page 32 of 38 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore, I would move that we close the Public Hearing on MI 04-017. Donnell: Second. De Weerd: Mr. Bird, I believe that M~ Rountree has something. Bird: Oh, I'm sorry. Rountree: That's all right. I can ask Anna after we close the hearing, unless there is more testimony. De Weerd: Well, the motion -- there is a motion and a second, so I do have a motion on the floor and it's non-debatable. Bird: We can have discussion. Nary: But I don't know if -- Madam Mayor? De Weerd: Uh-huh. Nary: Sorry to interject. I don't know -- we have talked a lot of things that put some -- put some requirements on the applicant and I don't know if he'd have, really, the last word to be able to respond. So, the maker of the motion and seconder may want to allow that to happen before you vote on closing the Public Hearing. Bird: Absolutely. Donnell: Certainly. De Weerd: Okay. Mr. Applicant, would you like to respond? You have heard a lot of discussion up here. DiMaria: Yes. De Weerd: Have you been able to weed through what -- the direction they are actually going? DiMaria: Well, my first interpretation is that I think, from what [ have heard, the majority of you are in favor of what I represent in this great city and I do apologize that I've come in to ask for something that hasn't been in effect in this city, but maybe I'm happy in a way that we have instituted new guidelines. We are a growing city. Maybe now is the Meridian City Council January 18, 2005 Page 33 of 38 time to start planning in new directions that we didn't do before. Alii ask is that you give me that consideration to continue to operate six months or whatever. I would be happy to meet with whoever I have to meet with, get my license, I've already planned -- I'm putting -- if you let me stay there, some small little planters all around the front and sides as a buffer to keep cars or anything away from the front of my little trailer and that was on the recommendation of the planning director and I think it's a grand idea, even though it's winter, but I do plan on putting something out there to keep the cars immediately from coming up, you know, into the front of it. De Weerd: Just don't put plastic flowers in there. DiMaria: No. No, ma'am. So, if I can -- Bird: Get red tulips. DiMaria: So, if I could walk away here tonight knowing that I have you nice people behind me and I continue to operate and come back and comply with what you want, I will be happy and I'm sure once you come to my little trailer you will be happy. De Weerd: Well, we are going to have to give it a try now. DiMaria: I hope you do. De Weerd: Have you been able to see the staff report that was drawn up? DiMaria: Yes, ma'am. De Weerd: Okay. And do you feel comfortable with everything that's in there? DiMaria: Yes. As far as the setback, as I said, I have taken some measurements, I have taken the time -- you know, I measured from the street curb back -- I'm over 30 feet from the street. I'm five foot -- I'm five foot recessed from the parking stripe aisle along the parkway part. So, I am setback some. [will do whatever I have to do to comply. I agree with safety. I am trying to take some measures and steps, but didn't want to implement them until I know that [ had the backing of you Lady Mayor and the Council to say, hey, we want to give this guy a break. De Weerd: Okay. Council, do you have any questions for the applicant? Okay. Thank you. DiMaria: Thank you. Come see me. De Weerd: Okay. Mr. Bird. Bird: I would move that we close the Public Hearing on MI 04-017. Meridian City Council January 18, 2005 Page 34 of 38 Donnell: Second. De Weerd: Okay. There is a motion to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I had a couple questions for Anna. One, you know my position on signing, so whatever the licensing is, it should be consistent that it's revoked if they violate the city sign ordinances. And this is in the ordinance itself. The other thing that just crossed my mind -- and I don't know if we are covered in other ordinances, but now that the Boy Scouts are gone, hot dogs, some kind of a beverage, is there provisions somewhere in our statutes that would either allow or not allow a beer license or some such for this kind of an operation. And, if not, somebody's probably going to ask and at some point in time in the future just think about that, I guess, when you're crafting it. I think we might be taken care of in some of our other ordinances, but check and see. Canning: It would -- if it's just a beer or -- and/or wine, I don't treat it as a bar. It's just part of -- it's kind of an accessory use. So, the beer and wine license that the city clerks office does would regulate just the annual renewal of that license. But, otherwise, it would -- unless the Council gives direction otherwise, it would typically be kind of an accessory use. Rountree: I would ask you to get some direction from the police chief as well. Canning: Okay. Rountree: So we don't create a problem. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Council member Rountree, in the licensing provision for beer and wine license, I don't think the alcohol beverage and control would allow us to issue a license to sell it through a drive-thru window. It is against state law to have an open beer in your vehicle, regardless of whether it's on the roadway. Rountree: I know they used to do that in Nampa. Nary: Yeah. That's true. But I don't think we would issue -- I mean we wouldn't issue a beer and wine license to sell beer or wine through a drive-thru window, even if it was out of a store. Otherwise, whether or not they could have it is whether or not -- as long as Meridian City Council January 18, 2005 Page 35 of 38 people -- I think it would violate our open container ordinance if you had it out in the parking lot, so -- Rountree: Just think about it. Nary: Sure. De Weerd: You're just looking for compatible uses with that hot dog. Rountree: Somebody is going to ask. Bird: You're right. De Weerd: It was a good point. Okay. M~ Wardle, do you have a motion? Wardle: Madam Mayor, I move that we approve Item No. 12, MI 04-017, miscellaneous application for Steven DiMaria and to include all staff, applicant, and public comments, specifically the comments addressing staff report and the applicant's willingness to comply with those and issuing the temporary permit for six months. Donnell: Second. De Weerd: Okay. The motion is to approve Item No. 12. If there IS no further discussion, Mrs. Green, will you, please, call roll. MOTION CARRIED: ALL AYES. Item 13: Water, Sewer and Trash Delinquencies: De Weerd: Thank you very much for joining us. Okay. Item 13 is the water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, January 18th, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel. Your service will be discontinued on January 19th, 2005, unless payment is received in full. Is there anyone present who wishes to contest her or his -- his -- his or her -- their water, sewer, and trash delinquency? They are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $39,383.05. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council January 18. 2005 Page 36 of 38 Rountree: I move that we approve the delinquency turn-off schedule for January 19th in the amount of $39,383.05. Bird: Second. De Weerd: Okay. The motion is to approve Item 13. If there is no further discussion, Mrs. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 05-1126 RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Raymond Estates Subdivision by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: Item 15: Ordinance No. 05-1127 AZ. 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: De Weerd: Thank you. Items 14 and 15 are Ordinance 05-1126 and Ordinance 05- 1127. Mrs. Deputy Clerk, will you, please, read these ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1126, an Ordinance RZ 04-012, aka Raymond Estates, located at the northeast corner of East Franklin Road and North Gaudians Avenue for property located as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County ,Idaho, and within the corporate limits of the City of Meridian, as request by Ronald Van Auker, and rezoning the land use zoning classification of said lands from I-L and C-G, light industrial and partial general commercial to all C-G, general commercial in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1127, an Ordinance AZ 04-024, aka Silverleaf Subdivision, for property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as R-4, low to medium density, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council January 18, 2005 Page 37 of 38 De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none. - Frank, 11m still waiting for that day. I think that will probably be the last thing you attend; right? Bird: When he gets done reading it. De Weerd: Okay. Do I have a motion to approve 14 and 15? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 14, Ordinance No. 05-1126, and Item No. 15, Ordinance No. 05-1127, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve ordinances on Items 14 and 15. If there is no further discussion, Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Executive Session per Idaho State Code 67 -2345(b)(c): De Weerd: Thank you. Okay. The last item on our agenda is an Executive Session per Idaho State Code 67-2345(b) and (c). Do we have a motion? Bird: So moved. Rountree: Second. De Weerd: Okay. The motion is to adjourn into Executive Session. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Meridian City Council January 18, 2005 Page 38 of 38 Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:46 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~J MAYOR TA~WEERD .. ATTEST: ~~ J~~ WILLIAM G. BER Z I 171tJ~ TE APPROVED January 14, 2005 MI 04-011 MERIDIAN CITY COUNCIL MEETING January 18, 2005 APPLICANT Confluence Management LLC ITEM NO. 5-C REQUEST Findings for Approval- Request to amend / replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersby Subdivision - northeast corner of Wesf Pine Avenue and North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY 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: See attached Findings I Emall from Brad H~C MERIDIAN POST OFFICE: .... bet" oJ;-{ O-r.n~ d \c~\,rfr{)cY\ tn9~nem 01 .~ ll-tl' ~) Confacted: p ~j rn~t:lA-f' Date: (--I J/- Phone: Emailed: ecS ~ ~(' C- !::i Jt1J @ tw&JI-; t1.f y~ Staff Initials: I}~ Materials presen ad at public meetings sholl become properly of the City of Meridian. OTHER: Tara Green (. From: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Thursday, January 13, 2005 2:47 PM To: greent@cLmeridianJd.us; 'Jessica Johnson'; hillm@meridiancity.org Cc: bergw@cLmeridianJd.us; 'Bill Nary'; 'Ted Baird'; 'Becky McKay'; 'Shari Stiles' Subject: Sommersby Subdivision MI Findings Follow Up Flag: Follow up Flag Status: Flagged Attached please find the findings for the Miscellaneous Application for Sommersby Subdivision for the 1/18/05 City Council consent agenda. Also note that my understanding from Becky McKay is that they are submitting a letter requesting the Sommersby findings be taken off the consent agenda and placed on the regular agenda for clarification of these findings. Legal Department - please note that we have not prepared a new DA. Attached is simply the draft findings and new condition for the DA. Brad Hawkins-Clark 1/14/2005 BEFORE THE MERIDIAN CITY COUNCIL C/C 1/04/05 IN THE MATTER OF THE ) APPLICATION TO ) AMEND/REPLACE THE EXISTING ) DEVELOPMENT AGREEMENT ) FOR FORMER VALERI HEIGHTS ) SUBDIVISION ) ) ) BY: CONFLUENCE ) MANAGEMENT, LLC ) ) APPLICANT ) ) CASE NO. MI-04-011 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPROVAL OF MISCELLANEOUS APPLICATION This matter corning before the City Council on January 4, 2005 at the Meridian City Hall located at 33 East Idaho, for Miscellaneous Application approval to amend the previously approved Development Agreement (DA) for the former Valeri Heights Subdivision, and the Council finding that the Administrative Review is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: December 29,2004 to the Mayor and City Council; Becky McKay appeared and testified, and the Council having received testimony as part of the record of this matter, and the applicant having submitted an application and which application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 8-2-5, and being ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (VA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 1 of5 fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at the northeast corner ofN. Ten Mile Road and W. Pine Avenue, Meridian, Idaho. 2. The applicant of the subject property is Confluence Management, LLC. 3. The owners of the subject property are David and Shirley Fuller, who have submitted consent for the subject application. 4. The subject property is presently located in a L-O (Limited Office) and R-15 (High Density Residential) zone. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. The applicant, Confluence Management, LLC, has submitted a Miscellaneous Application (MI) requesting to amend the recorded Development Agreement (Instrument #100103906) for the property at 890 N. Ten Mile Road (formerly approved as Valeri Heights Subdivision). Due to a number of factors, the Valeri Heights project was never constructed and the former preliminary plat expired (the CUP remains valid since it preceded the expiration clause being added to Title 11). The property was annexed and zoned in 2000 and the DA remains an active part ofthe property title. The applicant is proposing to replace all references to the Valeri Heights project ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDNISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 2 of5 with the Sommersby Subdivision conditions of approvaL The City Council finds that the application is reasonable and approves of the request, with a condition that building construction be restricted until certain public roadway improvements are made in the area. CONCLUSIONS OF LAW 1. Approval of this request to allow an amendment to the previously approved DA for Valeri Heights Subdivision is based upon the information provided by the applicant, staff comments and testimony at the public hearing on January 4,2005, and which subject property is located at the northeast comer ofN. Ten Mile Road and W. Pine Avenue, Meridian, Idaho. IT IS HEREBY ORDERED THAT: No more than nine (9) attached single family dwelling units and eight (8) multi-family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue intersection project are complete. 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 maybe filed. ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 3 of5 Please take notice that this is a final action of the governing body "Of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. -r By action of the City Council at its regular meeting held on the vtflh C1..Cl/1.,J ,2005. ROLL CALL ! 8..,e~day of COUNCILMAN SHAUN WARDLE VOTED~ VOTED ~ VOTED ~ VOTED~ COUNCILMAN CHARLIE ROUNTREE COUNCIL MEMBER DONNELL COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ....-- Mayor Ta ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 4 of5 By: -)(). \f) m ~\.ol iYL City Clerk's Office Dated:_I- 2.. Lf - OS ORDER OF AFPROV AL OF MISCELLANEOUS APPLICATION TO AMEND/REPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) PageS of5 ES~~?Ils~ 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-094] If:''11-' 711:1 !!AlL V ~ January 14,2005 1 4 2005 City of Meridian Attn: City Council 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: Sommersby Subdivision (File No. PP-04-035, CUP-04-040 & MI-04-011) Dear Council Members: This letter is in regard to the Findings of Fact & Conclusions of Law associated with the Sommersby project. The Council motion on January 4, 2005 approving the applications included staff s recommendation to limit the number of units occupied prior to the 2007 ACHD construction project for Ten Mile Road and Pine Street intersection. We would like the Council to revisit the adoption of staff s recommendation because of the ambiguous nature of the recommendation. Staffs recommendation stated: "Staff recommends the City Council allow a limited number of units to be occupied prior to the 2007 ACHD construction project being completed (e.g., townhomes only or townhomes and up to 8 multi-family units). If the applicant can secure approval from ACHD to expedite some or all of the Ten Mile Road improvements, additional units could be occupied. Other units could potentially begin construction but not receive CO's until after the roadway project is complete. This will allow the site improvements to begin and allow for the extension of the two existing stub streets." Staff provided options for the Council to discuss and to expand upon. However, the Council adopted the paragraph as a condition without clarification of the number of units allowed and no connection to phasing. The applicant's representative requested phasing restrictions that would coincide with the improvements ofTen Mile Road and Pine Street. Our request included the construction of phase 1 & 2 (nine townhomes) and phase 3 (100 multi-family units). The applicant would not construct phase 4, which included 32 multi- family units and 21,000 square feet of office space, until the ACHD improvements were completed. 150 E. AIKENS ST., SUITE BEAGLE 10. 83616 phone:(208)938.0980 fax:(208)938-0941 It is our understanding that the Courtyards at Ten Mile project south of Pine Street was required to install two left-turn bays which consisted of a turn lane on Pine Street (westbound) and Ten Mile Road (southbound). The fact that these improvements would be installed this spring were never discussed or considered by the staff or Council. We worked diligently with the surrounding neighbors on our project. The lack of opposition at the public hearing makes it evident that conditions in this area have changed since the Valeri Heights project was processed in 2000. Some of those changes include: ACHD completing their design work for Ten Mile and Pine project; ACHD including the Ten Mile and Pine improvements in their Five-Year Plan scheduled for 2007; opening of Mountain View High School which reduced the traffic problems in the surrounding neighborhoods and the approval of other projects in the area with their improvements. According to ACHD staff in a meeting held January 14, 2005, the plans for the Ten Mile & Pine improvement project are 99% complete. For the 2005 calendar year, $750,000 has been allocated for right-of-way acquisition on the project. For the 2006 calendar year, ACHD has allocated $ 250,000 for right-of-way acquisition. ACHD staff anticipates piping any ditches or drains for the Ten Mile/Pine project in the fall of2006. Construction of the roadway improvements and signal will begin in the spring of2007 with completion prior to the start of school in the fall of2007. ACHD staff does not anticipate changes to this 2007 schedule since this project is in the first three years ofthe Five-Year Plan. The ACHD Commission has indicated that they will not change the priorities for projects which are scheduled in the first three years of the Five-Year Plan. The ACHD staff is confident that the improvements in this area will take place within the 2007 calendar year. The Findings of Fact & Conclusions of Law prepared for the project include a portion of the original recommendation made by the staff. If adopted as written, this project will not be viable. Please provide us the opportunity to discuss this at the January 18 Council meeting that includes the adoption of the Findings of Fact and Conclusions of Law. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay, Partner 150 E. AIKENS ST., SUITE B EAGLE [D. 83616 phone:(208)938-0980 fax:(208)938-0941 2 January 14, 2005 MERIDIAN CITY COUNCIL MEETING January 18, 2005 APPLICANT Confluence Management LLC ITEM NO. PP 04-035 . 5-D REQUEST Findings for Approval - Request for Preliminary Plat approval for 62 building lots ( 8 offic 33 multifamily, 9 single-family attached, 12 garage lots} and 6 common lots on 12.731 acres in L-O and R-15 zones for Sommersby Subdivision - northeast comer of W. Pine AVe. and N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See CLHo.C-h~d \cli-cy ft"olY\ b'9\'()~(Y\n~ So\l\.+lrns Contacted: ~ JLvr ~<T Date: 1- ! t..f Phone: Emailed:C-S-Ioc(~iLVtrY{EJf{}1.Je...51:. ~ Staff Initials: llV)IY Materials presented at public meeffngs shall become property of the City of Meridian. See attached Findings J' A 1',1 .f '4 ~ ) 1"':i ~ "'; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW i~~__ DECISION & ORDER In the Matter of Preliminary Plat Approval of Sixty-two (62) Buildable Lots and Six (6) Common/Other Lots on 12.731 Acres in Existing L-O and R-15 Zones, AND Conditional Use Permit Approval for a Planned Development for Reductions to Minimum Requirements for Lot Size, Street Frontage, Setbacks and Increased Lot Coverage, by Confluence Management, LLC. Case Nos. PP-04-035, CUP-04-040 For the City Council Hearing Date of: January 4,2005 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 g67- 6509. The matters were duly considered by the City Council at the January 4,2005, 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 g67-6509, 6512, and Meridian City Code g~ 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 NOS. PP-04-035 AND CUP-04-040 - PAGE I of 5 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Commission 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 David S. and Shirley A. Fuller. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plmming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the 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, the revised Preliminary Plat dated December 3, 2004 as shown in Exhibit B, the revised CUP Site Plan dated December 9,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04.035 AND Cup.04-040 - PAGE 2 of 5 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 December 3,2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated December 9,2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminary Plat (PP-04-035) i. Amend Condition #2.a. as follows - "Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate-landscape easement conunon lot and not an easement, adjacent to the rcsidentiollots only. " ii. Add a new site specific condition #12 - "The developer shall construct a free- standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building." iii. Add a new site specific condition #13 - "All of the office buildings shall be addressed off ofN. Ten Mile Road with standard addressing and aU of the multi- family units shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise detennined by the Meridian Fire Department and Ada County Street Name Conunittee." b. Conditional Use Permit (CUP-04-040) i. Add a new site specific condition #14 - "No more than nine (9) attached single family dwelling units and eight (8) multi-family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten MilelPine Avenue intersection project are complete." 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits 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). CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 3 of 5 2. 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 ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (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 of the governing body ofthe 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Approved CUP Site Plan Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Conditional Use Permit Conditions of Approval (all agencies) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 4 of 5 Exhibit F: Preliminary Plat Findings Exhibit G: Conditional Use Permit Findings B~tiOn of the City Council at its regular meeting held on the -s:: fuA.-~, 2005. ( g-l"!;, day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED-? VOTED ~ VOTED~ ----- COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: ,.. .~ '" .... ~ ,.. ... and City Attorney. By: j~ flf'l'\~..W lYU CIty Clerk's Office Dated:~~()t; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 5 of 5 EXHIBIT A Legal Description Sommersby Subdivision PP-04-035 -- Boundary A parcel of land as shown on ~cord of Survey No. 1951 situated in a portion of the S 112 of the NWlI4 of Section 11 T.3N., R.l W., B.M., Ada County, Idaho and being more particularly described as follows; B EGrNNING at a brass cap rn..ar~ng the WII4 comer of said Section, thence along the West line of said NW 1/4 NOOG25'2 T'E a distance of 699 .89 feet to It 5/8 inch rebar from which a brass cap marking the NW comer of said Section bears NOQG25'27"E a distance of I 956.53 feet; Thence leaving said Section line S87"35'23"E a distance of 507.94 feet to a 5!B inch rebar; Thence N80G40'45"E a distance of 344.45 feet to a point; Thence S61"01'27"E a distance of 14.33 feet to a point; Thence SOO"49'03"W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NWII4 N89Gl 0'57"W a distance of854.64 feet to the POINT OF BEGINNING. Said parcel contains 13.83 acres more Or less and is subject to all elcisting easements and rigbts-of-way of record or implied. Thence S 0.13'29" Walong said easterly boundary a distance of 826.98 feet to the POINT OF BEGINNING; This parcel contains 7.16 acres and is subject to any easements existing or in use. Clinton W. HanSen, PLS Land Solutions, P.C. September 14, 2004 EXHIBIT B Preliminary Plat Sommersby Subdivision (File PP-04-035) . ---..-..-.-..-- I __~II_l!r_"_..___ I ...:::::;;:;;:::z......-..------...-- :~~;.'i::..,j,;1f_di.~~;,.,. : =:=:=::!.~:-.:::=::::=...==:..: I 'O::'='.:....::::,:.,...--=-~_=_~~.::.l"-.....-...-- I -:.:..~...Q-r;.:::n."Ul"n.~."Irl:JL_.c:=_='_..'1~=';_~_.z= L.LhVd r:'P /-L.f-6r' ~ ___~r.::.:........ - -- .... .... ~.- __IIfI'_.N -~- - .. p.-.... _::~_:;~:~ ~;.::.:. 7XI -no_ ~_.....ItwUI_ .~.._- ..-.....~ ~ --~- ----- ~~--..... T~_"___ ~~_v< ---.-- ~-_._- ~=-==... ~~~... ~~..c -"l e-~""!'oC,.'I..."N. _'l\I'II:_ ~_.'~'.'R ~~- _1o:l!:!iU'l........ - 1""("'- bTm.....~ .....O<;(......~ -"'-ol'o-'I\ I'a'.,,~ ...,'llfl- ~.:k-"~: 1m :; :i: ~ ilt o ~I~!W -e .:If ~. I-h' ~ Am - , ., , ~ Ii!! ~ ~b ~ IF ~~i " I z ~ ~i " ~;i ~ ..,~. ~ ...:! ~ IUE Ii: ',",'''' -tDJ0I'" -.... i.II/.;;1 PRE EXHmIT C Site Plan Sommersby CUP (File CUP-04-040) ~ €IW sW: ~ jiB ~ :r> S I II:i. - ----;:;."'!II ~I:rj~i.! " fill! ~ . -gl! ']~Q~ r.4'~~~ ,,- ,,~ ~l<;~~ ~~~I~l-\l;t.:a.oo;'IIlJ)l ....~.r~....."..."""'.."'~_ .~~~~ ;i::g: ~~.'U"~ _:ll:ho<<c.FITl --- w_. ;' . : li,: ~ p~i ~ l3; < 1 1'1'" I,I.m .:::1 Jilli !Ii:f ,~ ~~Ji :m S ~~~ t~Sih; [~~~!;r iLl.! -J ~ ~:d ~;q 110-4::! .0- I~q !i: ..... i!:ri' , Lo I :1:1. ~ :1':', 'j'> j ;~lt1 'II;'~ ~11 ':1 .l ,'I ': I! ~1' : ~:, = '.,. !{ii ~~J! , i " ,I ~"<L-'-~~'~~ 'iU ~J.I '"il ~T' '-!u ~: ~!Il1 ~.._.~ ; ~.~ ~ot II'~ ~~T",..rl ~ ~.I~ ICOoI Nil ~,::~ ~"~'"'"'~ ~.'n"':"-II'W'I'J =....,.r~~.'UC ""== ~~!::::~ ~;=;:~ (f1'U. ~,_,.otlI_l ~ ---- ~-L00{ - - -. ..-.- -:~PH -_<:II......... --- ---- --i'II__ _Lo._W09 --h,- """""""~m<l'>.IoC -~o---.--n-~ ~ioIID...c ~- --~ ................,...- -.._~- -.......--- --~~-'I.,-~--- "::===~ ~,",,_tD . --.::0:. r-,~"""'."'r -~-- --it-- === .tIIr.t<o.-..-.......r .......,,;;I...ft~ .........'""""l"_ PD E /)1 iAc{ SP /-"/-65- EXHIBIT D Preliminary Plat Sommersby Subdivision (File PP-04-035) SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All applicable conditions of the Sommersby CUPIPD application (CUP-04-040) shall also be considered conditions of the Preliminary Plat (PP-04-035). 2. Applicant shall make the following modifications to the preliminary plat (Sheet 1 of 1 by Engineering Solutions) and submit ten (10) copies of a revised plat at least ten (10) days prior to the next public hearing for this application: a. Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate landscape easement (to allow the office lots to be addressed off ofN. Ten Mile Rd.). b. Widen Lots 21 and 31, Block 1 to a minimum width of25 feet; c. Add minimum 5-foot wide pedestrian easements between Lots 64 and 65, Lots 62 and 63 and Lots 59 and 60 to accommodate the pathways shown on Sheet LS-1leading to Lot 55; 3. Provide a cross-access easement for all of the lots within the subdivision to utilize the drive aisles (Lot 28, Block 1) as access to N. Ten Mile Road and W. Pine Ave.. 4. Applicant shall include a temporary emergency turnaround with the final plat on Lot 14, Block 1 and Lot 4, Block 2. 5. The preliminary Landscape Planting Plan (Sheet LS-l, dated 12/14/04_by Harvest Design, P.c.) is approved with the following changes: a. MCC 12-13-12-3 requires the 20-foot buffer between the multi-family lots on the north boundary and the single family lots in Thunder Creek be planted to result in an effective barrier within three (3) years and be maintained such that 60% or more of the vertical surface is closed. The landscape architect shall review the number and species of planting materials within this buffer and revise accordingly with the final plat application. b. Revise the plan to replace at least three (3) of the W. Pine Ave. buffer deciduous trees with evergreen trees to enhance sound buffering year round for the four-plex units backing up to W. Pine Ave. c. Revise the plan to show a non-combustible fence within the 3D-foot NMID Eightmile Lateral easement in the northeast comer. A Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 1 of 10 permanent fence shall also be constructed on the south easement line of the Eightmile Lateral. d. Note #9. says all existing trees on the property are proposed for removal. The detailed landscape plan submitted with the final plat application shall include Note #13.D regarding mitigation and call-out which new trees on the site are counting toward the mitigation requirement. 6. A detailed fencing plan shall be submitted upon application of the final plat (M CC 12-4-10.F.3). If no permanent fencing is provided on the perimeter of the subdivision, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 7. CC&R's shall be recorded for Sommersby Subdivision which outline maintenance responsibilities for all cornman lots and establish minimum design, construction and maintenance standards for the office and multi-family buildings. Maintenance of all common areas shall be the responsibility of the Sommersby Lot Owner's Association. 8. With the exception of the Ten Mile Sub Drain (which will remain open until such time as ACHD completes construction of the Ten Mile/Pine intersection improvements) and the Eight Mile Lateral, the Applicant is required to tile or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Sonunersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 2 of 10 10. Staff finds that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover (3 feet from top of pipe to finish grade) can be achieved via placing fill in the lower areas of the project. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. This applicant shall be subject to paying sanitary sewer latecomers fees for each developed lot at the time of building pemlit issuance. 11. 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. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Prior to the first Certificate of Occupancy for any multi-family unit, the developer shall construct a free-standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building. 13. All of the office buildings shall be addressed off of N. Ten Mile Road with standard addressing and all of the multi-family units shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Sorrunersby Subdivision Findings of Fact and Conclusions of Law - PP.04-035 - Exhibit D Page3 of 10 2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill materiaL Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 4 of 10 10. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Dedicate the right-of-way triangle at the northeast comer of the intersection of Ten Mile Road and Pine Road abutting the site to accommodate the intersection radius and pedestrian ramp. 3. Dedicate 35-feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Pine Avenue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 4. Construct a 5-foot wide detached concrete sidewalk abutting the site on Ten Mile Road located outside of the ultimate right-of-way (48-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. 5. Construct a 5-foot wide detached concrete sidewalk abutting the site on Pine Avenue located outside ofthe ultimate right-of-way (35-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside ofthe public right-of-way. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 5 of 10 6. Provide the District with a road trust deposit for the required improvements abutting the site on Pine Avenue, including pavement widening, curb, and gutter, in the amount of$24,000. 7. Extend Lightning Place into the site from the north property line and cul-de-sac the roadway, as proposed. Construct that roadway as a 36-foot street section with curb, gutter, and 5-foot concrete sidewalks, and a minimum cul-de-sac radius of 45-feet. Provide a pedestrian pathway from the internal private road to the Lightning Place cul-de-sac, as proposed. 8. Construct a private road intersecting Pine Avenue in alignment with an approved roadway for the Courtyards Subdivision on the south side of Pine Avenue (approximately 420-feet east ofthe intersection). Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Pine Avenue and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 9. Construct a private road intersecting Ten Mile Road in alignment with Acarrera Court. This proposal meets District policy and should be approved with this application. Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement ofTen Mile Road and install pavement tapers with 15- foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 10. Extend Gray Cloud Way into the site from the north property line and construct it over to the east property as a stub street. Install a sign at the eastern terminus of Gray Cloud Way that states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. It Provide a pedestrian pathway from the internal private road to Gray Cloud Way. Only Lots 1-4, Block 2 shall have access to Gray Cloud Way. 11. Other than the access that is specifically approved with this application, direct lot access to Ten Mile Road and Pine Avenue is prohibited and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right~of-way. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 6 of 10 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 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 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 7 of 10 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. SANITARY SERVICES COMPANY (SSC) 1. Applicant will need to provide additional trash enclosures within the office and multi- family portion ofthe subdivision. Coordinate the size and locations with sse prior to a Certificate of Zoning Compliance being issued on the property. 2. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 3. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with sse. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shan provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building pennit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. 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'. 5. All entrance and internal roads shall have a tuming radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 8 of 10 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. 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. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the office complex (not required for the residential units). 15. The first digit ofthe Apartment/Office Suite shall correspond to the floor level. 16. 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. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 9 of 10 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. CENTRAL DISTRICT HEALTH DEPARTMENT 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. It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. 5. The engineers and architects involved with the design of the subject project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA MERIDIAN IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All1aterals and waste ways must be protected. The District's Eight Mile 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 ~ Exhibit D Page 10 of 10 EXHIBIT E Conditional Use Permit Sommersby Subdivision (File CUP-04-040) SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the Preliminary Plat (PP-04~035) shall also be considered conditions of the Conditional Use Permit (CUP-04-040). 2. The multi-family and townhome structures shall conform to the following standards: R-15 Zone Approved Standard Minimum Lot Area 752.50 s.f. per d.u. Minimum Street Frontage 24 feet (1 townhome lot); 28 feet (1 four-plex lot); 0' frontage on a public street Front Setback 5 feetjmulti-family units) 15 feet (single-family units) Rear Setback 15 feet (all perimeter lots, except rear patios may be allowed a 3-foot encroachment, ifnecessary) 5 feet (interior lots) Interior Side Setback 5 feet per story; 0' for garages and attached units Street Side Setback 20 feet Fence Setback from Gray Cloud I 0 feet L-O Minimum Lot Area 5,670 s.f. Front Setback 5 feet (for purposes of this application, front setback for the office buildings has been detennined from the internal streets) Rear Setback 20 feet 25 feet per story Interior Side Setback 5 feet per story 5 feet per story Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 ~ Exhibit E Page 1 of5 o Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. As Planned Development amenities, construct two (2) water features in the roundabouts, an activity court, playground equipment and a hardscaped plaza as proposed. Design details of each amenity must be submitted with the Certificate of Zoning Compliance application. 4. The development shall provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, exclusive of the N. Ten Mile and W. Pine Ave buffers and the 20-foot buffer north of Lots 7~9, Block 1. 5. Provide each multi-family dwelling unit with at least one hundred (100) square feet of use able private open space, such as a patio or deck. This shall be provided with both front and rear patios. 6. The building elevations for the multi-family structures shall be modified as follows: a. The trim bands and window trims shall be a different but complimentary color than the stucco siding color on each building; b. The stucco siding color shall vary throughout the development to avoid a monotone appearance. c. These standards shall be included in the CC&R's for the subdivision. 7. Applicant shall submit detailed elevations (front and rear) of the office structures on Lots 34 - 41 and the townhomes on Lots 1-3, Block 1 and Lots 1-4, Block 2 for review and approval by the City CounciL 8. No fencing shall be pennitted on the interior lot lines between the multi-family buildings or around the perimeter of Lot 55. 9. Either provide parking for each four-plex structure within each individual lot or provide a cross-parking easement to accommodate the required parking. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 ~ Exhibit E Page 2 of5 Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. . 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 12. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 13. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, except that townhouses (Phase 1 and 2 on the Preliminary Plat) may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 14. No more than nine (9) attached single family dwelling units and eight (8) multi- family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue intersection project are complete. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building permit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. 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'. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page3 of 5 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and ternponuy or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 10. Commercial and office occupancies will require a fi.re-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the office complex (not required for the residential units). 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. 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. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 4 of 5 guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT 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. NAMPAMERlDIAN IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The District's Eight Mile 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page50f5 EXHIBIT F Preliminary Plat Findings Sommersby Subdivision (File PP-04-035) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Mixed Use-Community" on the 2002 Comprehensive Plan Future Land Use Map and is zoned L-Q and R-15. According to the Plan's narrative in Chapter VII (pg. 97), this designation "will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose oftrns designation is to identify key areas which are either infiU in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." Staff finds that the lot configuration and overall design of the subdivision would be in general conformance with this purpose. The subdivision creates a mix of office, multi-family and single family residential lots - which meets the intent of the Future Land Use Map designation. The MU-C designation allows for residential densities up to 15 units/acre, which the proposed plat meets (14.33, net). B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire, police and road/transportation services. Generally, staff finds that public services are and/or can be made available to accommodate the proposed development. The Commission and Council should reference any other written and/or oral testimony submitted by ACHD and the Meridian Police and Fire Departments regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; SOllllllersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page 1 ofl Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public fmancial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The application is not clear if the developer is intending to fund the construction of a new traffic signal at the intersection ofTen Mile and Pine Ave. If not, this project will likely require the expenditure of some ACHD funds to improve the capacity of this intersection. E. The other health, safety or environmental problems that may be brought to the Commission's attention. It appears the Applicant is proposing to leave the Tenmile Sub Drain open in the southwest comer ofthe site. The City has previously allowed this section of the drain to remain open (Mosher's Farm Subdivision). Staff finds that the drain is not a significant natural feature but one that should be protected through standard stormwater and run-off management practices. The Applicant has indicated that the property is outside of any FEMA flood hazard zone. Staff is not aware of any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. Staff has not identified anyenyjromnentaI problems that may be associated with the development of this site. Sonunersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page 2 of2 EXHIBIT G Conditional Use Permit Findings Sommersby CUP (File CUP~04-040) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Required Rear Yard: Based on the revised CUP Site Plan (dated December 9, 2004), the site is large enough to accommodate the IS-foot required rear yard for the proposed four-plex buildings on W. Pine Avenue. Open Space: MCC 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) of the gross land area. Sommersby is 12.73 acres in size, which requires 55,452 sq. ft. of open space, exclusive of the Ten Mile and Pine Ave. street buffers and the 20-foot buffer between Lots 7-9 and Thunder Creek. The CUPIPD Site Plan shows the total open space as 3.27 acres, or 31.05% of the site. Even though this figure includes the north boundary buffer, it would still exceed the minimum 10% amount. Trash Enclosures: The applicant has met with SCC regarding the proposed trash enclosure locations and SSC is requiring additional enclosures on the site. Commercial Parking: MCC 11-13-S.B. requires at least one parking stall per 400 sq. ft. of office floor area. Lots 33 - 40 show a total of21,000 sq. ft. offioor area, requiring 53 stalls, which meets the minimum parking requirements of code. Residential Parking: MCC 11-13-5.B requires at least two (2) parking stalls for each dwelling unit (multi-family and single family). There are 132 multi-family units, which requires 264 stalls. The Site Plan shows 265 stalls, including the 12, tWo-car garages. The single family units must each provide a two-car garage. Although the site is large enough to accommodate all ofthe features required by ordinance, the Applicant has asked, through the Planned Development, to modify specific development standards. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit G Page 1 oB 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; See "Preliminary Plat Finding A". 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 general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area IF all required buffers between land uses are constructed in accordance with MCC 12-13-12 and all other conditions oftrus application are met. The P&Z Commission and City Council should review this finding based upon any public testimony received during the hearing process. 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 development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, shoee!, 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; Sanitary sewer and water service is proposed subdivision shall be via extensions to the site from existing main lines. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. ACHD staffhas approved this application, with site-specific conditions as well as their standard requirements. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit G Page 2 00 economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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; As this site builds out, it will produce additional traffic on nearby arterial roadways. Staff recognizes the fact that traffic and noise will increase with the development of this site. However, staff does not anticipate that the development ofthis site will create excessive traffic, noise, smoke, fumes, glare, or odors as compared with other, similar size developments. 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; ACHD staff has reviewed and approved both vehicular approaches to the site from Ten Mile and Pine Avenue. Please review the ACHD report for this project for additional information regarding this finding. As noted under the preliminary plat, the cul-de-sacs need to be widened to adequately accommodate the Meridian Fire Department. 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. The Applicant is proposing to leave the Ternnile Sub Drain open abutting the site. The applicant has indicated that the property is outside of the FEMA flood zones. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit G Page3 00 6 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (20B) 938-0980 Fax: (208) 938-0941 D -.r-. , fll' Il'~~dl D 1f-V' 101 D""' r11 ,b iJ JAN 1 4 2005 January 14, 2005 City of Meridian Attn: City Council 33 East Idaho Street Meridian, Idaho 83642 City OfMericlian City Clerk Office Re: Sommersby Subdivision (File No. PP-04-035, CUP-04-040 & MI-04-01l) Dear Council Members: This letter is in regard to the Findings of Fact & Conclusions of Law associated with the Sommersby project. The Council motion on January 4,2005 approving the applications included staff's recommendation to limit the number of units occupied prior to the 2007 ACHD construction project for Ten Mile Road and Pine Street intersection. We would like the Council to revisit the adoption of staff's recommendation because of the ambiguous nature of the recommendation. Staffs recommendation stated: "Staff recommends the City Council allow a limited number of units to be occupied prior to the 2007 ACHD construction project being completed (e.g., townhomes only or townhomes and up to 8 multi-family units). lfthe applicant can secure approval from ACHD to expedite some or all of the Ten Mile Road improvements, additional units could be occupied. Other units could potentially begin construction but not receive CO's until after the roadway project is complete. This will allow the site improvements to begin and allow for the extension of the two existing stub streets." Staff provided options for the Council to discuss and to expand upon. However, the Council adopted the paragraph as a condition without clarification of the number of units allowed and no connection to phasing. The applicant's representative requested phasing restrictions that would coincide with the improvements ofTen Mile Road and Pine Street. Our request included the construction of phase 1 & 2 (nine townhomes) and phase 3 (100 multi-family units). The applicant would not construct phase 4, which included 32 multi- family units and 21,000 square feet of office space, until the ACHD improvements were completed. 150 E. AIKENS ST., SUITE BEAGLE 10. 83616 phone:(208)938-0980 fax:(208)938-0941 1 It is our understanding that the Courtyards at Ten Mile project south of Pine Street was required to install two left-turn bays which consisted of a turn lane on Pine Street (westbound) and Ten Mile Road (southbound). The fact that these improvements would be installed this spring were never discussed or considered by the staff or CounciL We worked diligently with the surrounding neighbors on our project. The lack of opposition at the public hearing makes it evident that conditions in this area have changed since the Valeri Heights project was processed in 2000. Some of those changes include: ACHD completing their design work for Ten Mile and Pine project; ACHD including the Ten Mile and Pine improvements in their Five-Year Plan scheduled for 2007; opening of Mountain View High School which reduced the traffic problems in the surrounding neighborhoods and the approval of other projects in the area with their improvements. According to ACHD staff in a meeting held January 14,2005, the plans for the Ten Mile & Pine improvement project are 99% complete. For the 2005 calendar year, $750,000 has been allocated for right-of-way acquisition on the project. For the 2006 calendar year, ACHD has allocated $ 250,000 for right-of-way acquisition. ACHD staff anticipates piping any ditches or drains for the Ten MilelPine project in the fall of2006. Construction of the roadway improvements and signal will begin in the spring of2007 with completion prior to the start of school in the fall of2007. ACHD staff does not anticipate changes to this 2007 schedule since this project is in the first three years of the Five-Year Plan. The ACHD Commission has indicated that they will not change the priorities for projects which are scheduled in the first three years of the Five-Year Plan. The ACHD staff is confident that the improvements in this area will take place within the 2007 calendar year. The Findings of Fact & Conclusions of Law prepared for the project include a portion of the original recommendation made by the staff. If adopted as written, this project will not be viable. Please provide us the opportunity to discuss this at the January 18 Council meeting that includes the adoption of the Findings of Fact and Conclusions of Law. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay, Partner 150 E. AIKENS ST., SUITE BEAGLE 10. 83616 phone:(208)938-0980 fax:(208)938-0941 2 January 14, 2005 MERIDIAN CITY COUNCIL MEETING January 18, 2005 APPLICANT Confluence Management, LLC ITEM NO. CU P 04-040 5-E REQUEST Findings for Approval- Request for a CUP for a PD for reductions to the minimum requIrements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Sommersby Subdivision - northeast comer of West Pine Avenue and North Ten Mile 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 ~ Phone: f11'~ Materials pres nted at pu IIc meetings shall become property of the City of Meridian. Contacted: Emailed: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Sixty-two (62) Buildable Lots and Six (6) Common/Other Lots on 12.731 Acres in Existing L-O and R-15 Zones, AND Conditional Use Permit Approval for a Planned Development for Reductions to Minimum Requirements for Lot Size, Street Frontage, Setbacks and Increased Lot Coverage, by Confluence Management, LLC. Case Nos. PP-04-035, CUP-04-040 For the City Council Hearing Date of: January 4, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matters were duly considered by the City Council at the January 4,2005, 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 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 S67 -6509, 6512, and Meridian City Code S S 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 1 of5 a. In addition to the application and property facts noted in the staff report and the Plmming & Zoning Commission 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 David S. and Shirley A. Fuller. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlalUling Act of 1975:' codified at Chapter 65, Title 67, Idaho Code (I.C. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the goverrnnental 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 revised Preliminary Plat dated December 3,2004 as shown in Exhibit B, the revised CUP Site Plan dated December 9,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSION & ORDER CASE NOS. PP-04-035 AND CUP-D4-040 - PAGE 2 of 5 < Pursuant to the City Council's authority as provided in Meridian City Code S 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 December 3,2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated December 9, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminary Plat (PP-04-035) i. Amend Condition #2.a. as follows - "Show the 25-foot wide N. Ten Mile and w. Pine Ave. street buffers in a separate-landscape easement common lot and not an casement, adjacent to the residential lots only. " ii. Add a new site specific condition #12 - "The developer shall construct a free- standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building. " iii. Add a new site specific condition #13 ~ "All of the office buildings shall be addressed off of N. Ten Mile Road with standard addressing and all of the multi- family units shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee." b. Conditional Use Permit (CUP-04-040) i. Add a new site specific condition #14 - "No more than nine (9) attached single family dwelling units and eight (8) multi-family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten MilelPine Avenue intersection project are complete." 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 3 of 5 2. 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 1l-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 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: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Approved CUP Site Plan Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Conditional Use Permit Conditions of Approval (all agencies) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 4 of5 Exhibit F: Preliminary Plat Findings Exhibit G: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the <7d /1/U 1lA.;J-' 2005. I tJ~ dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED*" VOTED~ VOTED~ --- COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED "\ BE " L i .11; ; 16. ~ j \:\'-~"1$1~".; R ,~ G-h~ (Ji: Copy served upon Applicant, The Plannl~.~' epartment, Public Works Department and City Attorney. Attest: By: j0.hO m ~ <Wiu City Clerk's Office Dated: \ - 24-05 CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-04-040 - PAGE 5 of 5 EXHIBIT A Legal Description Sommersby Subdivision PP-04-035 '""/ Boundary A parcel of land as shown on Record of Survey No. 1951 situated in a portion of the S 1/2 of the NWI/4 of Section tj T.3N., R.I W., RM., Ada County, Idaho and being more particularly described as follows; BEGINNING at a brass cap lll.,arking the WI/4 comer of said Section, thence along the West line of said NWl/4 NOD"25'27"E a distance of699.89 feet to a 5/8 inch rew from which a brass cap marking the NW comer of said Section bears NOQ025'27"E a distance 00956.53 feet; Thence leaving said Section line S87"35'23"E a distance of 507.94 feet to a 5/8 inch rebar; Thence N80"40'45"E a distance of 344,45 feet to a point; Thence S61 00 t '27"E a distance of 14.33 feet to a point; Thence Sooo49'03"W a distance of739.62 feet to a 5/8 inch rebar; Thence along the South line of said NW1I4 N8901 O'57"W a distance of 854.64 feet to the POINT OF BEGINNING. Said parcel contains 13.83 acres mote or less and is subject to all existing easements and rights-of-way of record or implied. .. Thence S 0013'29" W along said easterly boundary a distance of 826.98 feet to the POINT OF BEGINNING; This parcel contains 7.16 acres and is subjectto any easements existing or in use. Clinton W. HanSen, PLS Land Solutions, P.C. September 14, 2004 EXHIBIT B Preliminary Plat Sommersby Subdivision (File PP-04-035) """" .. ---..-:-.-.---.... : :.:-=:r:.;;:=~.=:.-==----_.._- :~~=-'ij,;k~'&'~~;"'" ~~.....ln.a.::::::zo-IIl_-~IoI.""I..._~..--..... . --"-"---,,,-,,-,,.-.-.--- . ~1'.1itt"....,\"mft1:l'r.o...;-';''''l-=:.r.:zr-.''-''''''' ~ =-5.~:'t...::t~1.....r.~~.,.'t::..=':.\=.: l..h.Gd jJp /-4-t)S' ~ ~ - _ _ - In''<'''''''' -----..- -... -...... -~~ ...---- ,-~ .. .-......-uJOI~ __"""'::'_ [IopIoI_....!I[KI ...............- ----- ~~- - ~-vo~ -~-.-: ..............~ ~----"'" '~_."'+h ton"'"I~_uoc: -.........--. ___./I>.'iM_ "=E==~_'IUI'O"l./o;$ ----.._~... ...~-....-.. -~._."".'-- ~ =:::-= ~r.<(_ _----.ill'h'!l, _,..~.,n.1!'" ~'I'~-~'i:il ;~lH ~ ej: , ~ h!, [. ~ ~ li!l ~., ~ ,It ~ ~:i~; " ~, l{ ~ !'li' ~ ! g lil! :;: b ., D." ~ ~~l ~ I '" 1:1 ~ ~;q "':1 ~ IHf 2 PRE EXHIBIT C Site Plan Sommersby CUP (File CUP-04-040) ~ S 11;; ~ li;l ~ :::~~ ~ ii!! ~ , '. '"lt~ "->',",",-",,;s..o,;. 'Il :01. ~ .. *- ~ ~ ~. ,;, ~ '1'"' . l:lf~ ~ I'il; ---~~~~... -..........._-~ -_r:l,,"1o'I't --- -..~- ---- ~~....... .......,."....~ ____i.M - ~~~- - ~~IH -~"""'- -..,..--.......--.... --11---- _~~__....... ~=::2~ -.,.-~. .~, .<~ f'oltl'.____......... :.i ... g l!il ~ Ii:' ~ 'ill . I Iii' I" ,!," 1,:::1 rll'm .;., Co l"j> , ::!!~J.f ~ ~~:f .!: ::ll'! :l;'l.5! Ji !1.Li-" '-" t: ! "'-:i ;!J i ;I,@ ~ ~ ~ &1 -==r-''''=--' im ~" ~~''''~T'' ~=.:;,"~ ~'JJt!O;,.'_ ~~~~:t"""""" =~f~':E'.:r.J ~. l<...~,:-:--:;<~;"..,~..~ ~IW'I-I\ffr.::...~ ~~...v~=, (oiIoc":'J;~ =~ = g= ~.~L.W~" -.-.--- ~,::'~:... ""'~~:= ~' ~,~~ ~~U);.li:ulJ~l --t-- =:= ~-"""- _oOl:1t)Mr~ .............t__ PO 7G UI1.1cl SF' ;-t.!-C$- EXHIBIT D Preliminary Plat Sommersby Subdivision (File PP-04-035) SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All applicable conditions of the Sommersby CUP/PD application (CUP-04-040) shall also be considered conditions of the Preliminary Plat (PP-04-035). 2. Applicant shall make the following modifications to the preliminary plat (Sheet I of 1 by Engineering Solutions) and submit ten (10) copies of a revised plat at least ten (10) days prior to the next public hearing for this application: a. Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate landscape easement (to allow the office lots to be addressed off ofN. Ten Mile Rd.). b. Widen Lots 21 and 31, Block 1 to a minimum width of25 feet; c. Add minimum 5-foot wide pedestrian easements between Lots 64 and 65, Lots 62 and 63 and Lots 59 and 60 to accommodate the pathways shown on Sheet LS-l leading to Lot 55; 3. Provide a cross-access easement for all of the lots within the subdivision to utilize the drive aisles (Lot 28, Block 1) as access to N. Ten Mile Road and W. Pine Ave.. 4. Applicant shall include a temporary emergency turnaround with the final plat on Lot 14, Block 1 and Lot 4, Block 2. 5. The preliminary Landscape Planting Plan (Sheet LS-l, dated 12/14/04_by Harvest Design, P.c.) is approved with the following changes: a. MCC 12-13-12-3 requires the 20-foot buffer between the multi-family lots on the north boundary and the single family lots in Thunder Creek be planted to result in an effective barrier within three (3) years and be maintained such that 60% or more of the vertical surface is closed. The landscape architect shall review the number and species of planting materials within this buffer and revise accordingly with the final plat application. b. Revise the plan to replace at least three (3) of the W. Pine Ave. buffer deciduous trees with evergreen trees to enhance sound buffering year round for the four-plex units backing up to W. Pine Ave. c. Revise the plan to show a non-combustible fence within the 30-foot NMID Eightmile Lateral easement in the northeast corner. A Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 1 of 10 permanent fence shall also be constructed on the south easement line of the Eightmile Lateral. d. Note #9. says all existing trees on the property are proposed for removal. The detailed landscape plan submitted with the final plat application shall include Note #13.D regarding mitigation and call-out which new trees on the site are counting toward the mitigation requirement. 6. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-1O.F.3). Ifno permanent fencing is provided on the perimeter of the subdivision, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 7. CC&R's shall be recorded for Sommersby Subdivision which outline maintenance responsibilities for all common lots and establish minimum design, construction and maintenance standards for the office and multi-family buildings. Maintenance of all common areas shall be the responsibility of the Sommersby Lot Owner's Association. 8. With the exception of the Ten Mile Sub Drain (which will remain open until such time as ACHD completes construction of the Ten Mile/Pine intersection improvements) and the Eight Mile Lateral, the Applicant is required to tile or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point cOlmection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 2 of 10 -10. Staff finds that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover (3 feet from top of pipe to finish grade) can be achieved via placing fill in the lower areas of the project. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. This applicant shall be subject to paying sanitary sewer latecomers fees for each developed lot at the time of building permit issuance. 11. 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. 12. Prior to the first Certificate of Occupancy for any multi-family unit, the developer shall construct a free-standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building. 13. All of the office buildings shan be addressed off of N. Ten Mile Road with standard addressing and all of the multi-family units shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 3 of 10 .2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 ~ Exhibit D Page 4 of 10 . 10. Staffs failure to cite specific ordinance provisions or tenus of the approved mmexation/conditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building penuit (or other required penuits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Dedicate the right-of-way triangle at the northeast corner of the intersection of Ten Mile Road and Pine Road abutting the site to accommodate the intersection radius and pedestrian ramp. 3. Dedicate 35-feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building penuit (or other required penuits), 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 Pine Avenue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 4. Construct a 5-foot wide detached concrete sidewalk abutting the site on Ten Mile Road located outside ofthe ultimate right-of-way (48-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. 5. Construct a 5-foot wide detached concrete sidewalk abutting the site on Pine Avenue located outside of the ultimate right-of-way (35-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 5 of 10 6. Provide the District with a road trust deposit for the required improvements abutting the site on Pine A venue, including pavement widening, curb, and gutter, in the amount of $24,000. 7. Extend Lightning Place into the site from the north property line and cul-de-sac the roadway, as proposed. Construct that roadway as a 36-foot street section with curb, gutter, and 5-foot concrete sidewalks, and a minimum cul-de-sac radius of 45-feet. Provide a pedestrian pathway from the internal private road to the Lightning Place cul-de-sac, as proposed. 8. Construct a private road intersecting Pine Avenue in alignment with an approved roadway for the Courtyards Subdivision on the south side of Pine Avenue (approximately 420-feet east of the intersection). Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Pine Avenue and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 9. Construct a private road intersecting Ten Mile Road in aligmnent with Acarrera Court. This proposal meets District policy and should be approved with this application. Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement ofTen Mile Road and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 10. Extend Gray Cloud Way into the site from the north property line and construct it over to the east property as a stub street. Install a sign at the eastern terminus of Gray Cloud Way that states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a pedestrian pathway from the internal private road to Gray Cloud Way. Only Lots 1-4, Block 2 shall have access to Gray Cloud Way. 11. Other than the access that is specifically approved with this application, direct lot access to Ten Mile Road and Pine Avenue is prohibited and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 6 of 10 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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 sha]] 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 ~ Exhibit D Page 7 of 10 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. . SANITARY SERVICES COMPANY (SSC) 1. Applicant will need to provide additional trash enclosures within the office and multi- family portion of the subdivision. Coordinate the size and locations with SSC prior to a Certificate of Zoning Compliance being issued on the property. 2. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 3. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Pennit and issuance of a Certificate of Zoning Compliance. MERIDIAN FIRE DEPARTMENT I. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building permit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. 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 ofthe hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 8 of 10 . 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. 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. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the office complex (not required for the residential units). 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. 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. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 9 of 10 .2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. CENTRAL DISTRICT HEALTH DEPARTMENT 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 ofHeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. 5. The engineers and architects involved with the design ofthe subject project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA MERIDIAN IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The District's Eight Mile 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 10 of 10 EXHIBIT E Conditional Use Permit Sommersby Subdivision (File CUP-04-040) SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the Preliminary Plat (PP-04-035) shall also be considered conditions of the Conditional Use Permit (CUP-04-040). 2. The multi-family and townhome structures shall conform to the following standards: R-15 Zone Approved Standard Minimum Lot Area 752.50 s.f. per d.u. Minimum Street Frontage 24 feet (1 townhome lot); 28 feet (1 four-plex lot); 0' frontage on a public street Front Setback 5 feetimulti-family units) 15 feet (single-family units) Rear Setback 15 feet (all perimeter lots, except rear patios may be allowed a 3-foot encroachment, if necessary) 5 feet (interior lots) Interior Side Setback 5 feet per story; 0' for garages and attached units Street Side Setback 20 feet Fence Setback from Gray Cloud 10 feet L-O Minimum Lot Area 5,670 s.f. Front Setback 5 feet (for purposes of this application, front setback for the office buildings has been determined from the internal streets) Rear Setback 20 feet 25 feet per story Interior Side Setback 5 feet per story 5 feet per story Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 1 of5 o Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. As Planned Development amenities, construct two (2) water features in the roundabouts, an activity court, playground equipment and a hardscaped plaza as proposed. Design details of each amenity must be submitted with the Certificate of Zoning Compliance application. 4. The development shall provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, exclusive of the N. Ten Mile and W. Pine Ave buffers and the 20-foot buffer north of Lots 7-9, Block 1. 5. Provide each multi-family dwelling unit with at least one hundred (100) square feet of useable private open space, such as a patio or deck. This shall be provided with both front and rear patios. 6. The building elevations for the multi-family structures shall be modified as follows: a. The trim bands and window trims shall be a different but complimentary color than the stucco siding color on each building; b. The stucco siding color shall vary throughout the development to avoid a monotone appearance. c. These standards shall be included in the CC&R's for the subdivision. 7. Applicant shall submit detailed elevations (front and rear) of the office structures on Lots 34 - 41 and the townhomes on Lots 1-3, Block 1 and Lots 1-4, Block 2 for review and approval by the City Council. 8. No fencing shall be permitted on the interior lot lines between the multi-family buildings or around the perimeter of Lot 55. 9. Either provide parking for each four-plex structure within each individual lot or provide a cross-parking easement to accommodate the required parking. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 2 of5 Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 12. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Deparhnent (MCC 11-19-1). 13. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, inigation, and landscaping shall be installed, except that townhouses (Phase 1 and 2 on the Preliminary Plat) may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 14. No more than nine (9) attached single family dwelling units and eight (8) multi- family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue intersection project are complete. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building permit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. 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'. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04.040 - Exhibit E Page 3 of5 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving smface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 10. 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. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the office complex (not required for the residential units). 15. The first digit ofthe Apartment/Office Suite shall correspond to the floor level. 16. 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. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building pennits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 ~ Exhibit E Page 4 of 5 guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT 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. NAMPAMERIDIAN IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The District's Eight Mile 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 5 of5 EXHIBIT F Preliminary Plat Findings Sommersby Subdivision (File PP-04-035) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "in determining the acceptance oj a proposed subdivision, the Commission/Council shall consider the objectives oj this title and at least the Jollowing: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Mixed Use-Community" on the 2002 Comprehensive Plan Future Land Use Map and is zoned L-O and R-15. According to the Plan's narrative in Chapter VII (pg. 97), this designation "will provide for a combination of compatible land uses that are typically deveLoped under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." Staff finds that the lot configuration and overall design of the subdivision would be in general conformance with this purpose. The subdivision creates a mix of office, multi-family and single family residential lots - which meets the intent ofthe Future Land Use Map designation. The MU-C designation allows for residential densities up to 15 units/acre, which the proposed plat meets (14.33, net). B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire, police and road/transportation services. Generally, staff finds that public services are and/or can be made available to accommodate the proposed development. The Commission and Council should reference any other written and/or oral testimony submitted by ACHD and the Meridian Police and Fire Departments regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page I of2 Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public fmancial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The application is not clear if the developer is intending to fund the construction ofa new traffic signal at the intersection ofTen Mile and Pine Ave. If not, this project will likely require the expenditure of some ACHD funds to improve the capacity ofthis intersection. E. The other health, safety or environmental problems that may be brought to the Commission's attention. It appears the Applicant is proposing to leave the Tenrnile Sub Drain open in the southwest corner of the site. The City has previously allowed this section of the drain to remain open (Mosher's Farm Subdivision). Staff finds that the drain is not a significant natural feature but one that should be protected through standard stormwater and run-off management practices. The Applicant has indicated that the property is outside of any FEMA flood hazard zone. Staff is not aware of any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. Staffhas not identified any environmental problems that may be associated with the development of this site. SOIDmersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page 2 of2 EXHIBIT G Conditional Use Permit Findings Sommersby CUP (File CUP-04-040) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Required Rear Yard: Based on the revised CUP Site Plan (dated December 9, 2004), the site is large enough to accommodate the 15-foot required rear yard for the proposed four-plex buildings on W. Pine Avenue. Open Space: MCC 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) ofthe gross land area. Sommersby is 12.73 acres in size, which requires 55,452 sq. ft. of open space, exclusive of the Ten Mile and Pine Ave. street buffers and the 20-foot buffer between Lots 7-9 and Thunder Creek. The CUP/PD Site Plan shows the total open space as 3.27 acres, or 31.05% ofthe site. Even though this figure includes the north boundary buffer, it would still exceed the minimum 10% amount. Trash Enclosures: The applicant has met with sec regarding the proposed trash enclosure locations and SSC is requiring additional enclosures on the site. Commercial Parking: MCC 11-13-5.B. requires at least one parking stall per 400 sq. ft. of office floor area. Lots 33 - 40 show a total of21,000 sq. ft. of floor area, requiring 53 stalls, which meets the minimum parking requirements of code. Residential Parking: MCC 11-13-5.B requires at least two (2) parking stalls for each dwelling unit (multi-family and single family). There are 132 multi-family units, which requires 264 stalls. The Site Plan shows 265 stalls, including the 12, two-car garages. The single family units must each provide a two-car garage. Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Planned Development, to modify specific development standards. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit G Page 10f3 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; See "Preliminary Plat Finding A". 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 general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area IF all required buffers between land uses are constructed in accordance with MCC 12-13-12 and all other conditions ofthis application are met. The P&Z Commission and City Council should review this finding based upon any public testimony received during the hearing process. 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 development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Sanitary sewer and water service is proposed subdivision shall be via extensions to the site from existing main lines. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. ACHD staffhas approved this application, with site-specific conditions as well as their standard requirements. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit G Page 2 on economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The prim"ary public costs to serve the site will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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; As this site builds out, it will produce additional traffic on nearby arterial roadways. Staff recognizes the fact that traffic and noise will increase with the development of this site. However, staff does not anticipate that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors as compared with other, similar size developments. B. 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; ACHD staff has reviewed and approved both vehicular approaches to the site from Ten Mile and Pine Avenue. Please review the ACHD report for this project for additional information regarding this finding. As noted under the preliminary plat, the cul-de-sacs need to be widened to adequately accommodate the Meridian Fire Department. 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. The Applicant is proposing to leave the Terunile Sub Drain open abutting the site. The applicant has indicated that the property is outside of the FEMA flood zones. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 ~ Exhibit G Page 3 of3 Gl FE I G plaoning and engineering cammuniUes far the future OL 110 SLLP 150 East Aikens Street, Suite B Eagle, ill 83616 PhDne: (208) 938-0980 Fax: (208) 938-094l 'DE ("*1 7<-~ f"l"T7r""lY-"g, tl,l.~A'vj!)l '\ ~l) January 14,2005 JAN 1 ~ 2005 City of Meridian Attn: City Council 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: Sommersby Subdivision (File No. PP-04-035, CUP-04-040 & MI-04-011) Dear Council Members: This letter is in regard to the Findings of Fact & Conclusions of Law associated with the Sommersby project. The Council motion on January 4, 2005 approving the applications included staffs recommendation to limit the number ofurnts occupied prior to the 2007 ACHD construction project for Ten Mile Road and Pine Street intersection. We would like the Council to revisit the adoption of staffs recommendation because ofthe ambiguous nature of the recommendation. Staffs recommendation stated: "Staffrecommends the City Council allow a limited number ofumts to be occupied prior to the 2007 ACHD construction project being completed (e.g., townhomes only or townhomes and up to 8 multi-family units). If the applicant can secure approval from ACHD to expedite some or all of the Ten Mile Road improvements, additional units could be occupied. Other units could potentially begin construction but not receive CO's until after the roadway project is complete. This will allow the site improvements to begin and allow for the extension of the two existing stub streets. " Staff provided options for the Council to discuss and to expand upon. However, the Council adopted the paragraph as a condition without clarification of the number of units allowed and no connection to phasing. The applicant's representative requested phasing restrictions that would coincide with the improvements ofTen Mile Road and Pine Street. Our request included the construction of phase 1 & 2 (nine townhomes) and phase 3 (100 multi-family units). The applicant would not construct phase 4, which included 32 multi- family units and 21,000 square feet of office space, until the ACHD improvements were completed. 150 E. AIKENS ST., SUITE BEAGLE 10. 83616 phone:(208)938-0980 fax:(208)938-0941 1 It is our understanding that the Courtyards at Ten Mile project south of Pine Street was required to install two left-turn bays which consisted of a turn lane on Pine Street (westbound) and Ten Mile Road (southbound). The fact that these improvements would be installed this spring were never discussed or considered by the staff or Council. We worked diligently with the surrounding neighbors on our project. The lack of opposition at the public hearing makes it evident that conditions in this area have changed since the Valeri Heights project was processed in 2000. Some of those changes include: ACHD completing their design work for Ten Mile and Pine project; ACHD including the Ten Mile and Pine improvements in their Five- Year Plan scheduled for 2007; opening of Mountain View High School which reduced the traffic problems in the surrounding neighborhoods and the approval of other projects in the area with their improvements. According to ACHD staffin a meeting held January 14,2005, the plans for the Ten Mile & Pine improvement project are 99% complete. For the 2005 calendar year, $750,000 has been allocated for right-of-way acquisition on the project. For the 2006 calendar year, ACHD has allocated $ 250,000 for right-of-way acquisition. ACHD staff anticipates piping any ditches or drains for the Ten Mile/Pine project in the fall of2006. Construction of the roadway improvements and signal will begin in the spring of2007 with completion prior to the start of school in the fall of 2007. ACHD staff does not anticipate changes to this 2007 schedule since this project is in the first three years of the Five-Year Plan. The ACHD Commission has indicated that they will not change the priorities for projects which are scheduled in the first three years ofthe Five-Year Plan. The ACHD staff is confident that the improvements in this area will take place within the 2007 calendar year. The Findings of Fact & Conclusions of Law prepared for the project include a portion of the original recommendation made by the staff. If adopted as written, this project will not be viable. Please provide us the opportunity to discuss this at the January 18 Council meeting that includes the adoption ofthe Findings of Fact and Conclusions of Law. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay, Partner 150 E. AIKENS ST., SUITE BEAGLE 10. 83616 phone:(208)938-0980 fax:(208)938-0941 2 Janu.ary 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Fairview Lakes, LLC RZ 04-015 January 18, 2005 ITEM NO. 5-F REQUEST Findings for Approval - Request for a Rezone of 4.9 acres from R-40 to R-15 zones for the retirement complex at Devon Park Subdivision No.2 - 824 East Fairiview 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: ~/ '-jze-lnu.-trZL Date: I-I Zf Phone: Emailed:-douq-rtl-rnU.ra.{!?rtnc)I.IU:f"" Staff Initials: !YJ1..A-- Materials presented at pUblic meetings shall become properly of the City of Meridian. See attached Findings ~ 1 3 2005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw Al~1J' DECISION & ORDER ;.11, Ul [VlendHlrl . ('lerk Office In the Matter of Request to Rezone 4.9 Acres from R-40 to R-15 Zone for Retirement Complex at Devon Park Subdivision No.2 AND a Request for a Detailed Conditional Use Permit for Fairview Lakes II (Commercial), Including Two (2) Drive-Up Windows and a 30-Unit Alzheimer Facility within the Retirement Complex, by Fairview Lakes, LLC Case Nos. RZ-04-015 & CUP-04-049 For the City Council Hearing Date of: January 4, 2005 A. Findings of Fact I. 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 ~67- 6509. The matter was duly considered by the City Council at the January 4,2005, 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. 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 ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISfON & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE [ of5 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) of record at the time of issuance of these findings is Fairview Lakes, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit H for the findings required for the Rezone application. b. See Exhibit I for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 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 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 (Rezone), the Devon Park II Alzheimer Facility CUP Site Plan dated December 1, 2004 as shown in Exhibit B, the Fairview Lakes II CUP Site Plan dated December 1, 2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D through G. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code S 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 plan dated December 1, 2004, is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing; a. Amend Site Specific Condition #2 as follows - "Applicant shall revise Sheet CU1.l to show, as alternative compliance. a minimum ;W-15-foot landscape buffer along the north property line, free of any building or vehicular use encroaclunents, then a 20- foot drive aisle and an 8-[00t landscape island." 3. The site specific and standard conditions of approval are as shown in Exhibits D through G. 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.) E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE 3 of5 . 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. Exhibits Exhibit A: Legal Description (Rezone) Exhibit B: Devon Park II Alzheimer Facility CUP Site Plan Exhibit C: Fairview Lakes II CUP Commercial Site Plan Exhibit D: Rezone Comments (City staff) Exhibit E: CUP Conditions of Approval (City staff) Exhibit F: ACHD Conditions of Approval Exhibit G: Irrigation District Conditions of Approval Exhibit H: Rezone Findings Exhibit I: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the d t1f/Yvuc<--;- ,2005. COUNCIL MEMBER SHAUN WARDLE /13"1::: day of VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED-*- VOTED* COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE 4 of5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. BY:l~~h~ City Clerk's Office Dated:--' - 2l-0S CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-0 15, CUP-04-049 - PAGE 5 of 5 EXHmIT A Legal Description Devon Park II Rezone- Alzheimer Facility (RZ-04-015) ASI:i.;1:~79'" , ---..-.,,-..----- ~ '"" ",i, ,', Anderson Survey Group.com ;;,',/i '0/ EXHIBIT "A" Legal Description Residential Area Devon Park No.2 A parcel of land situateg in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, County of Ada, State of Idaho, described as follows: Commencing at a point marking the Center ~ comer of said Section 6; thence along the centerline of said Section 6, South 00020'01" East a distance of 1301.12 feet to a point marking the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 6, said point also marks the True Point of Beginning; thence along the North line of the Southwest Quarter of the Southeast Quarter of said Section 6, South 89053'08" Easl a distance of 666.99 feet; Ihence departing said North line, South 00023'27" West along the West line of Settlers Village. according to the plat thereof, filed in Book 45 of Plats, at Page 3697, records of Ada County, Idaho, a distance of 108.61 feet; thence departing said West line along a non-tangential curve to the right, having a radius of 28.00 feet, a central angle of 89059'54", an arc length of 43.98 feet, the long chord of which bears North 44036'30" West a distance of 39.60 feet to a point of tangency; thence North 00023'27" East a distance of 7.00 feet; Ihence North 89"36'33" West a distance of 36.00 feet; thence South 00023'27" West a distance of 130.00 feet; thence South 89036'33" East a distance of 36.00 feet; thence North 00023'27" East a distance of 7.00 feet to the point of curvature to the right, having a radius of 28.00 feet; thence along said curve to the right through a central angle of 89059'54", an arc length of 43.98 feet, the long chord of which bears North 45023'24" East a distance of 39.60 feet to a point of non-tangency on the said West line of said Settlers Village; thenCe along said West line South 00023'27" West a distance of 155.07 feet; thence departing said West line, North 90000'00" West a distance of 257.56 feet; thence North 00000'00. East a distance of 32.00 feet; thence North 90000'00" West a distance of 130.00 feet; th~nce South 00000'00" West a distance of 32.00 feet; thence North 90000'00" West a distance of 279.11 feet to a point on the centerline of said Section 6; thence along said centerline North 00020'01" East a distance of 325.00 feet 10 the True Point of Beginning. Said parcel contains 205,422 square feet or 4.7158 acres, more or less. '.~~Yf'L1r' OCT 2 5 20!}!, Me.RIOlAH I'UtlLtC WORKS DEP1.UM ... ~:u~.j~..~m;eI._tdll!.~'fiJ_,_'m.B.. 351 [ WnIW.w~! In.. . Suire f. fferidinn. 10 8,1642 P 106.B80 1345 . ; tiJ i EXHIBIT B Approved Site Plan Devon Park II - Alzheimer Facility (CUP-04-049) ,i ~~~(.,. -...,.- ~ ~1.E~j;.wIjW1 '""- '"'Il:PQII:II, III ~r,,<<-, -"'1'I1I.I.:IIIoq .....u:. NiLI.~~..... ......~IiN'IFLM;.~:Lf """" - ~ = I ~ fl 5 II lDsl ~3~: GiIg .!i-51 lDu..~ ~ ~I o!l LJ i:-= 1 L.!.ILJS{;APE PALLET ... ""'---1- ~.... '" "1"aM_ t'kt ~ ---..... ~.... 1:1. ~""""_ .._ ... .....r.. ""~~ r..~ . ~- I"'~" ... ~oq;..,.lIl:ah1_ ....., .... ",_,...", .r_ .. -~~ X''''''' .~-~-......:......... EXHIBIT C Approved Site Plan Fairview Lakes II - Commercial (CUP -04-049) -i!j~i-~~-~~~~:2-g-~~~0~r:~~~~j[~.rll.~_ ~ ~., !ill, /."ft"~('....-'F.~,". . . ""... ~~~ /;. ";"""":""";""\"H"cw';<"~/"""""">lfJ'l . h W dt"iY.Ii. ~.;;". __' - -' .' '.. '_ :,: ,_ :', .... r :.: I ..;;;),).i~~;~:;;,?-~f);'/~:~~(';'~>~.<'>f~_>:;:~,:}.?<<:%(:;/~:':'~<.<:::'jji.! ,~k.{ I~'~ i rr . .~ (~.~ .,,0 ',_J "<'-~;~lir</-:t:"_J'-~?:~/.~/~;<?;;."/"~~"'-"/{'.:"';></-;!ii!iJ!i!!/-:l:.':.J"J:~ ~~m;'rN'~ j' l'~ q:,"...' fl<fM. ,~~N%';0f@'"f~:;:;!;i,:;g;0Mti;W0;'jt~flr?<::j~t ' . 8J 'ii i ".11), i,. ;~':i;' c; i;:l W\l " u= l ""'':;$;:%;;~::;f:'.?<%. :;a;...."w;/~%,:,;/;. ;::M~I ~, ,':' 'I ,~ m", Ii ~. ,~.vij ;"-'" ..!7Wd'!':jK':<{;?~~0~!f0i;f$W{}:;~,ffi:'if!~ff~l&fl JIJ '~~ ;;;,!'...' .,. . - ...., ,~,,1{"""'{"":'~"jH;j*""''"''*'~ 'J",j .-:.. f--i11~- ~.' p -~. -" --"~- ---=:~01;";:;:~j,."~i'1;D;t;:;J:z~~~t:Jffjfi~Mf2J,f!r ! .- ~.:::;t"';I;-rlI":f1' @lcG'?D--<7,"'-::>)d3'E" (f,2t ~;-@-t:Nl'l;;~...-f".c. ;~Al;il I '. 'ti ~~'!J ~ ~=~ I': : - ~H4# 8/B =:11<" ::::t:- ':-.W.,;!.0;"J:;-.?tt!{.:(;';:?:iJ~t;/i;;:.'}f~1 , 1=:$" '''H~~ *'I~ -"w,~~.r~ i ,j I ~ -t~ =-/1. ~ ::L ~ k~5:*?:: ;t;Hf.!&~q;X~i"~'0?J I' 'I' ".. ~i$L, ",.. ~ --;-;'" "- -" - =l- ~ -rl.,,,!:..W;{,A".'-'::;',[/ ":''/''[':h I :~i' )~} 1/"i>',. : .-~: i: i ~I-"-- ~~'i':/. c,:: -0-1->- =-r -= ,{Yhi1f:t%f$NiW~:~* i'~~:I'~'<l8J1 fJjJ~i:(@ ~) ~ ~ ~ f) ! t1d8t;ir&;~.'@JZ?;g4.*,'~' Hj[. t;! =:Wjt"~ i ,jIlttlill. ilfl;;;; 1'!\!lJ "" c: ~.' t:<;'.J;:;<>.'~.<l.j. ;6~~.".)~. :,;?:f;. 1.1 :;..I.::':::t;t.:0i&1{:;;~.:;f). '.J.<&:;~.i1 "'i '"-:. . ~O!! l'I~~.{;':G';;f;';~!' !"'{,i'jifl'0;ih:~ ~jiLL~~:~f;,""~:~r":;},?';~,,,lji "'~~~:fc~;;~,... >I. ,:r"~-="'tj) FAlRViE.W AVENUE {US H'\.'N. 301 _ ~ ~ ~'_'." ~~jj-A~,__. - ,1<-:---"-- :\tI.c. =-~~I~ ~I.ms, ..........."'---~.. -- ~..._---~."""'I......_-- """'""..hI:_ _...w;................__ .... F__ __..,__......>___ 1~e-w ~ ~" -.-._ _1.I'.UlM>u- ~orw:-H =:-.:::...- -- .~~ -_...nl\l.L.ll -- - - ~ "" ~__U....,","-, ~-~ -~"..,... ~~~ IWI_'" _u. r41r.1CtI 1,M;lfr. IC"-'IL:I """'lIU_ :::: 1--=-::. "n~ -_III'O't...... ~ ~ =r'\OO\lOD.:': l.JJi)3CAP.!i PAllET ,- .._+...1".... ,- ,- ~+ I.... ... _100-0"""""",,..,,,,, ..;..-- a....-...._ ~: ::::':::...- -:..-...-. ,... o ~ ..-..... -,~ ~"""~'1~ l~nD n ': il Il~,1~ I.....j! ~~~ o~~ .. n I * ~I D: z I L n i ) , EXHIBIT D Rezone Devon Park II (Alzheimer Facility) (File RZ-04~015) REZONE COMMENTS 1. The legal description submitted with the application, prepared by Gordon N. Anderson and dated 10-21-04, meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT E Conditional Use Permit Conditions of Approval Devon Park II/Fairview Lakes II - Alzheimer Care Unit & Commercial Buildings (File CUP-04-049) SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUP/PD for Fairview Lakes and Devon Park, unless modified below. 2. Applicant shall revise Sheet CU1.1 to show, as alternative compliance, a minimum 15- foot landscape buffer along the north property line, free of any building or vehicular use encroachments, then a 20-foot drive aisle and an 8-foot landscape island. 3. Applicant shall clarify if NMID will allow trees within their 40-foot easement for the Jackson Drain. If so, submit a License Agreement granting such plantings with the Certificate of Zoning Compliance application. If not, revise Sheet CUI.1 to bring the site into compliance with MCC 12-13-12. 4. A minimum 2-foot separation shall be provided between the multi-use pathway and the perimeter fence on the west property line. If this strip is not landscaped, a commercial grade weed barrier and decorative rock shall be used as surface treatment. 5. Prior to the next public hearing on CUP-04-0-49, Applicant shall submit details of the 8- foot screen wall shown between the Retail 2 pad and E. Carol Street (per MCC 12-4- 10.1). 6. The submitted landscape plan (Sheet CDl.3), prepared by Tamura & Associates and dated 10-12-04 is approved as submitted with three (3) modifications: a. Add one (1) deciduous tree to each parking lot planter that serves two (2) rows of parking, providing two (2) trees per planter; b. Add one (1) deciduous tree to the parking lot planters at the end of each single parking row for Pad Site 2 (l tree), Pad Site 5 (2 trees), Pad Site 6 (1 tree), and Retail 2 (1 tree). c. The "Honey Locusf' tree species shown on the plan shall not be a thorned variety. 7. All buildings submitted for approval under this application shall be constructed in substantial conformance with the elevations filed with the application. With the exception of the north elevation of Pad Site 6 and Retail 2 and 3, all elevations shall be constructed with windows, as proposed. Devon Park IIIFairview Lakes II - Alzheimer Facility & Commercial Bui.ldings - CUP-04-049 Exhibit E Page 1 of4 8. The bollards currently shown at the terminus ofClarene Street(on Sheet CU1.I) are not approved. A gate, approved by the Meridian Fire Department, shall be constructed across this access. A minimum 5-foot wide sidewalk shall be extended into the site on the north and south sides of the fire truck turn-around. 9. The trash enclosure currently on Lot 1, Block 3 (Banner Bank site) shall be relocated outside the median island (north of the bank) to a less conspicuous location on the site. (Note: The site plan submitted at the 1/4/05 City Council hearing showed the enclosure at the southeast corner of the lot and removing one (1) parking stall.) STANDARD CUP CONDITIONS 1. Certificate of Occupancy: 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. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction for all buildings. 3. 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 Enviromnental 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. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Devon Park IIlFairview Lakes Il- Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page2of4 6. Submit compaction test results to the Meridian Building Department for an building pads within lots receiving engineered backfill. 7. Comply with the conditions and comments of all City Departments, and other agencies 8. No signs are approved with the application. All signage requires separate pennits. 9. All development and construction shall comply with the Americans with Disabilities Act. 10. All parking and circulation within the project shall be incompliance with MCC 11-13. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN POLICE DEPARTMENT 1. No comments received. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. MERIDIAN FIRE DEPARTMENT 1. Applicant shall provide a Meridian Fire Department-approved sign at the entrance to the retirement complex that clearly identifies addresses and directions for all units north of N. Lakes Avenue. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 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. Devon Park IVFairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page 3 of 4 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Provide a 20-foot wide Fire Lane for all internal and external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The 5-lot commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5-feet from the building to the dumpster enclosure. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. 12. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Devon Park II/Fairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page 4 of 4 EXHIBIT F ACHD Conditions of Approval Devon Park II / Fairview Lakes II - Alzheimer Facility & Commercial Buildings (File CUP-04-049) On July 10,2002, the Ada County Highway District Commissioners acted on Fairview Lakes Apartment Complex/Devon Park Subdivision #1 and #2. The conditions and requirements also apply to MRZ-04-015 and MCUP-04-049. See ACHD Site Specific Conditions and Standard Conditions of Approval, submitted to the City of Meridian on November 8,2004. Devon Park 1IIFairview Lakes II - CUP-04-049 - Exhibit F Page 1 of 1 EXHIBIT G Conditional Use Permit Devon Park II I Fairview Lakes II - Alzheimer Facility & Commercial Buildings (File CUP-04-049) Irrigation District Conditions 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. A111aterals and waste ways must be protected. The District's Jackson Drain 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT H Conditional Use Permit Findings Devon Park II I Fairview Lakes 1I - Commercial & Alzheimer Facility (File No. CUP-04-049) 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 imd evidence presented at the bearing(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; Staff finds that the subject property is large enough to accommodate the proposed uses as shown, per the Zoning Ordinance. The following areas of the site plan were corrected and brought into compliance with the revised Site Plan (12/1/04): · Landscape Buffers Between Uses: L The north boundary is reduced to 15' where 20' is required 2. A 10-foot public pathway is located within the 20' buffer on the west property line, reducing the functional buffer to only 10' 3. Up to 6 trees may need to be removed in the north buffer due to the Jackson Drain easement. . Parking: 1. The commercial area shows 105 parking stalls where 109 are required 2. Lot 1 (bank lot) shows 9 compact parking stalls, or 36% of the 25 stalls proposed. (StafftypicaUy discourages compact parking except in excess of the required ratio.) . Trash Enclosure 1. No trash enclosure is currently shown on Lot 1 (bank lot). 2. The trash enclosure shown for Pad Site 6 is accessed only via the drive-thru lane. As a Planned Development application, some of the above standards maybe approved to be reduced without a Variance application. However, the applicant must demonstrate that the site plan offers a unique benefit to the city and somehow justifies the reductions. The Commission and Council should carefully review this finding at the public hearings and ensure the public record provides evidence that the standards should be reduced. Devon Park II I Fairview Lakes II Conditional Use Permit - CUP-04-049 - Exhibit I Page 1 00 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 "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP, are met with this application and site plan. Staff finds the proposed senior residential use is harmonious with and in accordance with the Comprehensive Plan. 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 Planning & Zoning Commission and City Council have previously determined similar uses and site configuration to the subject application to be compatible with the general neighborhood. Stafffinds that the single story building design for the Alzheimer center is compatible with the adjacent residential uses. Finally, the applicant is proposing to route all traffic south to the signalized intersection at N. Lakes Avenue rather than via Clarene Street to the east. This should help mitigate impacts on the Settlers Village Subdivision. 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 believe the buffers between land uses on the north and west boundaries should be reduced below the required 20 feet. These buffers are intended to help mitigate any adverse affects. We do not anticipate that the commercial project will have an adverse impact on other properties within the vicinity. The Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths. 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 revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. This finding Devon Park II / Pairview Lakes II Conditional Use Permit - CUP-04-049 - Exhibit I Page 2 of3 must be met separately by SSC for the refuse disposal services once the applicant clarifies how trash collection will be handled for the commercial area. 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 uses would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will be a net contributor to the tax base and job base of the City - both with the Alzheimer use and the four (4) new commercial buildings. 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 similar levels of traffic and noise in the general vicinity of the revised project when compared to the original approved project. Staff further finds that approval ofthe revised project 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; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal is now operational for the intersection ofN. Lakes Avenue and E. Fairview Ave, which should enhance the movement and circulation of traffic in this area. 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 Jackson Drain in Devon Park No.2, which was originally planned to remain open as an amenity ofthe development, has recently been approved to be piped (see CUP-04-037). Also, existing trees greater than 4" caliper must be retained or mitigated for, if removed. Devon Park II / Fairview Lakes II Conditional Use Pennit ~ CUP-04-049 - Exhibit I Page 3 of3 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Fairview Lakes, LLC CUP 04-049 January 18, 2005 ITEM NO. , 5-G REQUEST Findings for Approval - Request for a detailed CUP approval for Fairview Lakes No.2 of the commercial development along East Fairview Avenue, which includes two drive-up windows; also for the residential portion, a 30 unit Alzheimer facility wIthe reiterment complex AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FlRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings I:PtA..--~ -va ,clJ1 UY CL Date: I ~ lif Phone: d'DUgfcuY}fLrtt@ VlYlejl nt/lStafflnitials: m1fr Matefials presented at public meetings shall become property of tne City of Meridian. Contacted: Emailed: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request to Rezone 4.9 Acres from R-40 to R-15 Zone for Retirement Complex at Devon Park Subdivision No.2 AND a Request for a Detailed Conditional Use Permit for Fairview Lakes II (Commercial), Including Two (2) Drive-Up Windows and a 30-Unit Alzheimer Facility within the Retirement Complex, by Fairview Lakes, LLC Case Nos. RZ-04-015 & CUP-04-049 For the City Council Hearing Date of: January 4, 2005 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 ~67- 6509. The matter was duly considered by the City Council at the January 4,2005, 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. 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 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 ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-0 15, CUP-04-049 - PAGE I of 5 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 ofthese findings is Fairview Lakes, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit H for the findings required for the Rezone application. b. See Exhibit I for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan 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 (Rezone), the Devon Park II Alzheimer Facility CUP Site Plan dated December 1, 2004 as shown in Exhibit B, the Fairview Lakes II CUP Site Plan dated December 1, 2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D through G. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE 2 of5 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 plan dated December 1,2004, is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing; a. Amend Site Specific Condition #2 as follows - "Applicant shall revise Sheet CUl.1 to show, as alternative compliance, a minimum ;'W.-15-foot landscape buffer along the north property line, free of any building or vehicular use encroachments, then a 20- foot drive aisle and an 8-foot landscape island," 3. The site specific and standard conditions of approval are as shown In Exhibits D through G. D. Notice of Applicable Time Limits I. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-0] 5, CUP-04-049 - PAGE 3 of 5 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 ~ 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. Exhibits Exhibit A: Legal Description (Rezone) Exhibit B: Devon Park II Alzheimer Facility CUP Site Plan Exhibit C: Fairview Lakes II CUP Commercial Site Plan Exhibit D: Rezone Comments (City staff) Exhibit E: CUP Conditions of Approval (City staff) Exhibit F: ACHD Conditions of Approval Exhibit G: Irrigation District Conditions of Approval Exhibit H: Rezone Findings Exhibit I: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the I f3 ,.va day of 8itf/lA,;!AAJ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED $PL. COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS.IONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-0 15, CUP-04-049 - PAGE 4 of 5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Copy served upon Applicant, The PIa partment, Public Works Department and City Attorney. By: ,]~"-OOAA CIty Clerk's Office Dated: \-2\ -os CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOs. RZ-04-015, CUP-04-049 - PAGE 5 of5 EXHIBIT A Legal Description Devon Park II Rezone- Alzheimer Facility (RZ-04-0 15) ASI:i.'J<~ c~~c....,~~~~cc.._ <11 'i;itr t. Anderson Survey 6rl1up.com"'~; . EXHIBIT "A" Legal Description Residential Area Devon Park No.2 A parcel of I.and situate9 in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, County of Ada, state of Idaho, described as follows: Commencing at a point marking the Center Yo comer of said Section 6; thence along the centerline of said Section 6, South 00"20'01" East a distance of 1301.12 feet to a point ma rking the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section 6, said point also marks the True Point of Beginning; thence along the North line of the Southwest Quarter of the Southeast Quarter of said Section 6, South 89"53'08" East a distance of 666.99 feet; thence departing said North line, South 00"23'27" West along the West line of Settlers Village, according to the plat thereof, filed in Book 45 of Plats, at Page 3697, records of Ada County, Idaho, a distance of 108.61 feet; thence departing said West line along a non-tangential curve to the right having a radius of 28.00 feet, a central angle of 89"59'54", an arc length of 43.98 feet, the long chord of which bears North 44036'30" West a distance of 39,60 feet to a point of tangency; thence North 00023'27" East a distance of 7.00 feet; thence North 89"36'33" West a distance of 36.00 feet; thence South 00023'27" West a distance of 130.00 feet; thence South 89"36'33" East a distance of 36.00 feet; thence North 00023'27" East a distance of 7.00 feet to the point of curvature to the right, having a radius of 28.00 reet; thence along said curve to the right through a central angle of 89059'54", an arc length of 43.98 feet, the long chord of which bears North 45"23'24" East a distance of 39.60 feet to a point of non-tangency on the said West line of said Settlers Village; thence along said West line South 00023'27" West a distance of 155.07 feet; thence departing said West line, North 90000'00" West a distance of 257.56 feet; thence North 00000'00" East a distance of 32.00 feet; thence North 90000'00" West a distance of 130.00 feet; tht!lnce South 00"00'00" West a distance of 32.00 feet; thence North 90"00'00" West a distance of 279.11 feet to a point on the centerline of said Seclion 6; thence along said centerline North 00"20'01" East a distance of 325,00 feet to the True Point of Beginning. Said parcel contains 205, 422 square feet or 4.7158 acres, more or less. ""p'Jj:o-p--' ;'f OCT 2 5 MERIDIAN PUBLIC WORKS DEPT~ Ire _.6:Df~"'~.~" ...'jiJ"~.~'twI_.m'''..'' HI [ WUIUlUWH Lu.. . Suile f. Melidiu", 10 83642 P2DD.BBU3H . ; IU i EXHIBIT B Approved Site Plan Devon Park II - Alzheimer Facility (CUP-04-049) : ' f~ ~ ~r~UllUlt.U: ~~ .....~'" M:""""".~r..-. ~ ~l;:r:lU "-...--. :'::'J?'" ~_.IToIta ........~........ 1t1l101I.t, NaAoI7M!t1'Dl _uno_'\H'r, -tUN:1.T. ~ - ..-. - - - 2 11 d l.JJ.l)Scm PAUET .. ....,.__-i:... .:.... ... ........_ r_ '" __ r_ .,.. ""'-- ..- ... """';'-f,"",.-j r'_ ~ :::.:--=- ~= ;.=~~-.z ~::: EXHIBIT C Approved Site Plan Fairview Lakes II - Commercial (CUP-04-049) ~~:,:,. ~11OTE:! f~~:=::=,",=:~=.::_;:~ I ~~:.-.::~~=-::....~~..~w f~lJ ~ ~" -___V.iUI_ --- --- .-.I./;E....... _..,. -- --. ""."1.' ___-IIIIIPI<U - - ~ ~-.........~- --- ---....... ......~" ,,-"N. ........ ~..... ::::~~=:;-. .......... -- _....,~ ~- ~ - - - - - ua'\a_-"" ... .. --...".... t_ ,.. __'~ :r_ .. ----........ ~- - _,,""".._ I... N......... ~.... .. -------~- .J............... 0....-...._ ~: =::...- '.'- ---. <::>~ "'.- .... ~._..... ;t''"'....~~~ EXHIBIT D Rezone Devon Park II (Alzheimer Facility) (File RZ-04-015) REZONE COMMENTS 1. The legal description submitted with the application, prepared by Gordon N. Anderson and dated 10-21-04, meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT E Conditional Use Permit Conditions of Approval Devon Park II/Fairview Lakes II - Alzheimer Care Unit & Commercial Buildings (File CUP-04~049) SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUPIPD for Fairview Lakes and Devon Park, unless modified below. 2. Applicant shall revise Sheet CULl to show, as alternative compliance, a minimum 15- foot landscape buffer along the north property line, free of any building or vehicular use encroachments, then a 20-foot drive aisle and an 8-foot landscape island. 3. Applicant shall clarify if NMID will allow trees within their 40-foot easement for the Jackson Drain. If so, submit a License Agreement granting such plantings with the Certificate of Zoning Compliance application. If not, revise Sheet CU1.1 to bring the site into compliance with MCC 12-13-12. 4. A minimum 2-foot separation shall be provided between the multi-use pathway and the perimeter fence on the west property line. If this strip is not landscaped, a commercial grade weed barrier and decorative rock shall be used as surface treatment. 5. Prior to the next public hearing on CUP-04-0-49, Applicant shall submit details of the 8- foot screen wall shown between the Retail 2 pad and E. Carol Street (per MCC 12-4- 10.1). 6. The submitted landscape plan (Sheet CUl.3), prepared by Tamura & Associates and dated] 0-12-04 is approved as submitted with three (3) modifications: a. Add one (1) deciduous tree to each parking lot planter that serves two (2) rows of parking, providing two (2) trees per planter; b. Add one (1) deciduous tree to the parking lot planters at the end of each single parking row for Pad Site 2 (1 tree), Pad Site 5 (2 trees), Pad Site 6 (1 tree), and Retail 2 ( 1 tree). c. The "Honey Locust" tree species shown on the plan shall not be a thorned variety. 7. All buildings submitted for approval under this application shall be constructed in substantial conformance with the elevations filed with the application. With the exception of the north elevation of Pad Site 6 and Retail 2 and 3, all elevations shall be constructed with windows, as proposed. Devon Park IIlFairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page 1 of4 8. . The bollards currently shown at the terminus of Clarene Street (on Sheet CUl.1) are not approved. A gate, approved by the Meridian Fire Department, shall be constructed across this access. A minimum 5-foot wide sidewalk shall be extended into the site on the north and south sides of the fire truck turn-around. 9. The trash enclosure currently on Lot 1, Block 3 (Banner Bank site) shall be relocated outside the median island (north of the bank) to a less conspicuous location on the site. (Note: The site plan submitted at the 1/4/05 City Council hearing showed the enclosure at the southeast comer ofthe lot and removing one (1) parking stall.) STANDARD CUP CONDITIONS 1. Certificate of Occupancy: 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. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction for all buildings. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Devon Park IIlFairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page 2 of4 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfilL 7. Comply with the conditions and comments of all City Departments, and other agencies 8. No signs are approved with the application. All signage requires separate permits. 9. All development and construction shall comply with the Americans with Disabilities Act. 10. All parking and circulation within the project shall be incompliance with MCC 11-13. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN POLICE DEPARTMENT 1. No comments received. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. MERIDIAN FIRE DEPARTMENT 1. Applicant shall provide a Meridian Fire Department-approved sign at the entrance to the retirement complex that clearly identifies addresses and directions for all units north of N. Lakes Avenue. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 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. Devon Park II/Fairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-04-049 Exhibit E Page 3 of4 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Provide a 20-foot wide Fire Lane for all internal and external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The 5-10t commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5-feet from the building to the dumpster enclosure. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. 12. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Devon Park IIlFairview Lakes II ~ Alzheimer Facility & Commercial Buildings ~ CUP-04-049 Exhibit E Page 4 of 4 EXHIBIT F ACHD Conditions of Approval Devon Park II / Fairview Lakes II - Alzheimer Facility & Commercial Buildings (File CUP-04-049) On July 10, 2002, the Ada County Highway District Commissioners acted on Fairview Lakes Apartment Complex/Devon Park Subdivision #1 and #2. The conditions and requirements also apply to MRZ-04-015 and MCUP-04-049. See ACHD Site Specific Conditions and Standard Conditions of Approval, submitted to the City of Meridian on November 8, 2004. Devon Park IIIFairview Lakes Il- CUP-04-049 - Exhibit F Page 1 of 1 EXHIBIT G Conditional Use Permit Devon Park II / Fairview Lakes II - Alzheimer Facility & Commercial Buildings (File CUP-04-049) Irrigation District Conditions 1. The Narnpa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact DOlma Moore at 466-7861 for further information. 2. AU laterals and waste ways must be protected. The District's Jackson Drain 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. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT H Conditional Use Permit Findings Devon Park II / Fairview Lakes II - Commercial & Alzheimer Facility (File No. CUP-04-049) 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; Staff finds that the subject property is large enough to accommodate the proposed uses as shown, per the Zoning Ordinance. The following areas of the site plan were corrected and brought into compliance with the revised Site Plan (1211/04): . Landscape Buffers Between Uses: 1. The north boundary is reduced to 15' where 20' is required 2. A lO-foot public pathway is located within the 20' buffer on the west property line, reducing the functional buffer to only lO' 3. Up to 6 trees may need to be removed in the north buffer due to the Jackson Drain easement. Parking: 1. The commercial area shows l05 parking stalls where 109 are required 2. Lot 1 (bank lot) shows 9 compact parking stalls, or 36% ofthe 25 stalls proposed. (Staff typically discourages compact parking except in excess of the required ratio.) Trash Enclosure 1. No trash enclosure is currently shown on Lot 1 (bank lot). 2. The trash enclosure shown for Pad Site 6 is accessed only via the drive-thru lane. . . As a Planned Development application, some of the above standards may be approved to be reduced without a Variance application. However, the applicant must demonstrate that the site plan offers a unique benefit to the city and somehow justifies the reductions. The Commission and Council should carefully review this finding at the public hearings and ensure the public record provides evidence that the standards should be reduced. Devon Park II / Fairview Lakes II Conditional Use Pennit - CUP-04-049 - Exhibit I Page 1 of3 ( 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 "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP, are met with this application and site plan. Staff finds the proposed senior residential use is harmonious with and in accordance with the Comprehensive Plan. 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 Planning & Zoning Commission and City Council have previously determined similar uses and site configuration to the subject application to be compatible with the general neighborhood. Staff finds that the single story building design for the Alzheimer center is compatible with the adjacent residential uses. Finally, the applicant is proposing to route all traffic south to the signalized intersection at N. Lakes Avenue rather than via Clarene Street to the east. This should help mitigate impacts on the Settlers Village Subdivision. 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 believe the buffers between land uses on the north and west boundaries should be reduced below the required 20 feet. These buffers are intended to help mitigate any adverse affects. We do not anticipate that the commercial project will have an adverse impact on other properties within the vicinity. The Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths. 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 revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. This finding Devon Park II / Fairview Lakes II Conditional Use Permit - CUP-04-049 ~ Exhibit I Page 2 of3 must be met separately by SSC for the refuse disposal services once the applicant clarifies how trash collection will be handled for the commercial area. 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 uses would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will be a net contributor to the tax base and job base of the City - both with the Alzheimer use and the four (4) new commercial buildings. 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 similar levels of traffic and noise in the general vicinity of the revised project when compared to the original approved project. Staff further finds that approval ofthe revised project 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; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal is now operational for the intersection ofN. Lakes A venue and E. Fairview Ave, which should enhance the movement and circulation of traffic in this area. 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 Jackson Drain in Devon Park No.2, which was originally planned to remain open as an amenity of the development, has recently been approved to be piped (see CUP-04-037). Also, existing trees greater than 4" caliper must be retained or mitigated for, if removed. Devon Park II I Fairview Lakes II Conditional Use Permit ~ CUP-04-049 - Exhihit I Page 3 of3 January 14,2005 AZ 04-024 MERIDIAN CITY COUNCIL MEETING January 18,2005 APPLICANT Centennial Development LLC ITEM NO. 5.H REQUEST Development Agreement - Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zones for proposed Silverleaf Subdivision - 2683 West Chinden Boulevard 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 Development Agreement ~/ Contacted: Emailed: Date: Staff Initials: Phone: Material$ presented at public meetings shall become property of the City of Meridian. AOA COUNTY RECORDER J. DAVlO NAVARRO BOISE IDAHO 01128105 02:53 PM '11111111111"'11' 1\1 DERUTY Joanne Hooper III \11\1111\\1\1 REtOROEO-REo.UESi Of 105010990 MERlO IAN CITY AMOUNT .00 58 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. City of Meridian Donald E. and Jean S. Hobbs, Owner Jerry and Sandy Stevenson, Owner Centennial Development, LLC Developer THIS DEVELOPMENT AGREEMENJ (this "Agreement"), is made and entered into this .G~.!J day of Jal1htvt.;t: , 200-t'by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and DONALD E. AND JEAN S. HOBBS, whose address is 2683 W. Chinden Road, Meridian, Idaho 83642, hereinafter called "OWNER", and JERRY AND SANDY STEVENSON, whose address is 6040 N. Ten Mile Road, Meridian, Idaho 83642, and CENTENNIAL DEVELOPMENT, LLC, whose address is 114 E. Idaho Street, Suite 230, Meridian, Idaho 83642 hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Propeliy"; and 1.2 WHEREAS, LC. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 1 OF 1 and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of November, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" AND "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the tenns 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 plmming 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 Metidiau City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 2 OF 2 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 plrrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a patiy to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS" AND ~~DEVELOPER": means and refers to Centennial Development, LLC, whose address is 114 E. Idaho Street, Suite 230, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property", 3.3 "OWNERS": means and refers to Donald E. Hobbs and Jean S. Hobbs, whose address is 2683 W. Chinden Road, Meridian, Idaho 83642, and Jerry and Sandy Stevenson, whose address 6040 N. Ten Mile Road, Meridian, Idaho 83642, the party owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "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 R-8 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 (C) which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 3 OF 3 Construction and development of a planned development consisting of 162 building lots, to include 143 residential, 18 common and 1 school lot in a proposed R -4 zone for Silver/eaf Subdivision. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"has submitted to "City" an application for conditional use pennit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance cliteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use pennit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Developer" 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. An additional traffic calming device shall be installed on the road from Ten Mile (Satinwood). 2. Developer shall comply with the Noise Evaluation Process standards set forth in ITD's Plmming and Zoning Recommendations Noise Evaluation/Mitigation, for Chinden Boulevard. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. A condition of this DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perfonn the terms of such agreement or agreements. 2. Any existing domestic wells and/or septic systems within this proj ect will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 4 OF 4 crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. C. Adopt the ACHD conditions listed in their report dated November 13,2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Comply with all the conditions in the corresponding applications in this matter, Annexation/Zoning, AZ-04-024, Preliminary Plat, PP-04-031 and Conditional Use Pennit, CUP-04-033. E. Adopt the action ofthe City Council taken at their November 3, 2004 meeting as follows: For clarification: 1. Centennial Development, LLC, may construct a temporary vehicular access to Chinden Boulevard (SH 20/26), if approved by the Idaho Transportation Depmtment. The temporary access road shall be constructed to ACHD standards and shall be removed within two (2) months of access being provided from either SilverleafWay or Kingwood Drive, in Lochsa Falls. If the ITD approves a temporalY access to Chinden Boulevard, a note shall be placed on the final plat stating that Lot 12, Block 9 is a non-build lot until the temporary access to Chinden Boulevard is abandoned. 2. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than 1S. the diagonal measurement of the project. Prior to issuance ofthe 51 s( building permit on the northern section of the development, a secondary emergency access approved by the Meridian Fire Department shall be provided. 3. Provide public stub streets to thenOlth (Nickel Avenue), and west (Kingwood Drive and Shawn Street) as proposed. Extend the three public stub streets provided to this property from the Lochsa Falls development (Glade Creek Drive, Powell Creek Avenue, and Tango Creek Drive) as proposed. DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 5 OF 5 4. If Glade Creek Drive is not constructed and accepted by ACHD east of the site (in Lochsa Falls), construct a temporary turnaround at the east em tenninus of Satinwood Street that meets the design and construction standards of the Meridian Fire Department and ACHD. 5. With the submittal of the final plat application, the Centelmial Development, LLC. Shall submit a copy ofthe Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Centennial Development, LLC will make any other conections necessary to confonn. 6. The landscape plan prepared by The Land Group, Inc., dated June 23, 2004 is approved as submitted with the following modifications: 1. Amend the scale to be I" = 50' (currently shown as 1" = 100') on all sheets. n. Depict a minimum 40-foot wide (3S-foot wide currently shown) landscape buffer along Chinden Boulevard (including a 5-foot wide detached sidewalk). Said landscape buffer shall be located beyond any future street light-of-way, as proposed. If it is shown that the adjoining Lochsa Falls Subdivision has the sidewalk within the 35- foot landscape buffer, this project may match that project. 111. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways". Micropath fencing shall be constructed per MCC 12-13-15-9. IV. Construct a minimum 1 O-foot wide (8-foot cUlTently shown) gravel shoulder along Ten Mile Road and landscaping the remaining portion ofthe right-of- way with lawn or other ACHD approved ground cover. v. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All storm water detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. VI. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning and Zoning Depmiment. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes and any other changes that may be required by the Planning and Zoning Commission, to the City Clerk at least 10 days prior to the next public healing. DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 6 OF 6 7. Centelmial Development, LLC has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems by supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowner's 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 0 & M manual shall be submitted prior to plan approval. Centennial shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 8. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the peIimeter prior to issuance of building pennits. All fences shall taper down t 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 9. Maintenance of all common areas shall be the responsibility of the Silverleaf Homeowner's Association. 10. Pennanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. Temporary service shall be via a "private" lift station pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The "private" lift station shall be designed to accommodate the remaining underdeveloped area of the NW portion ofthis section. The developer may enter into a maintenance contract with the City of Meridian for the operation and maintenance of the facility. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide serVIce. 11. Municipal water to this site shall be via extensions from existing mains in Ten Mile Road, and from future mains within Lochsa Falls. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 7 OF 7 Meridian standard forms of easements, for any mains that are required to provide servIce. 12. Direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note shall be placed on the final plat restticting access to Ten Mile Road and Chinden Boulevard. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developer's" heirs, successors, assigns, to comply with Section 6 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 heating procedures as outlined in LC. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "Developer" 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. 10. DEFAULT: 10.1 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners ofthe "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the tenns and conditions included in this Agreement in connection with the "Property", this Agreement DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 8 OF 8 may be modified or tenninated by the "City" upon compliance with the requirements ofthe Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and/or "Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", 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 atUlexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMED IES: This Agreement shall be enforceable in any cOUli of competent jurisdiction by either "City" or "Owner" and/or "Developer", 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 perfonnance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach ofthis Agreement, the patiies agree that "City" and "Owner" and/or "Developer" 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. 13.2 In the event the perfonnance of any covenant to be perfonned hereunder by either "Owner" and/or "Developer" or "City" is delayed DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 9 OF 9 for causes which are beyond the reasonable control of the party responsible for such perfonnance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnance shall be extended by the amount of time of such delay. 14. 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 ofthe improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or .'Developer" 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". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Melidian 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 ofthe City of Meridian. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered jf and when personally delivered or three (3) days after deposit in the United States Mail, registered or celiified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Centennial Development, LLC 114 E. Idaho Street, Suite 230 Meridian, Idaho 83642 OWNERS: with copy to: City Clerk City of Melidian Donald E. Hobbs and Jean S. Hobbs 2683 W. Chinden Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 10 OF 10 33 E. Idaho Ave. Meridian, ID 83642 Jerry and Sandy Stevenson 6040 N. Ten Mile Road Meridian, Idaho 83642 17.1 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. 18. 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. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every tenn, condition and provision hereof, and that the failure to timely perfonn any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. 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" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Propetiy". 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 benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully perfOlmed its obligations under this Agreement. 21. INV ALID 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. DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 1 [ OF 11 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" 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 lor "Developer" 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". 22.1 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. 23. 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 cOlUlection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 12 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the patiies have herein executed this agreement and Made it effective as hereinabove provided. /"I DEVE&PERI .' I \./ ./ __JJ-L;:e. . ~Y: \ Ii /\ i \. '; / _____ ~ \/~j lJ Attest ~ . OWNER: BY: Cc..' :/\;} I, c;- /l~ /;/~~ , . . ....!.,T~lO- I _. f I {. / Yi DONALD E. HOBBS < .. v ". ~ (! jJ i BY: \l2&1-/ _ 1~J~ JEAN S. HOBBS AND ~ r!::tfi -- BY:o/ y"S'~NS6:Y~~ (, ~j. BY: dtf~b j,r-tt.ttt/ft- SANDY STEVENSON ~ l . 'I v~ li ()" (. t/7;?() ~i:fl /j'l.t=7~:.';/..;;J' t([~/J;t{r(.-L~ r;c....'jlliJ-tL ~ ~~_ ~/ ~L~/~. ~ & ~ Gu!f) DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 13 OF 13 CITY OF MERIDIAN STATE OF IDAHO ) : ss COUNTY OF ADA ) ~-""""-,.,...~ -....'""-""""+v.,__"'~ '"'c ,- .~) Attest: , u II -ej , 5.(c On this I D I day of,) tLl\ [.(11. ~ 1./ ,in the year 2004~ before me, a Notary Public, personally appeared J( ld I IJ. r t~ i It"(i; S. f c ~ known or identified to me to be the I Hilt ltttif ~' of CENTENNIAL DEVELOPMENT, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. (SEAL) ~'Il'll'llUQU'gO.9 ~f/;'It. ORl "It" ~..~ '-' /J l (J(J(J ~~ QQ0QeGQee~ .c~ ""9 ! ora€' O~.:t....p ~ t':-.LO@"t'101'Al\".. ~ ~ *" Q "'-~"i'r 0 1IIl' : : ClSbe J-. ~ =: : ~ A ~ : = .. ,,~)'. " *' .. ;~\ vELIe: :: ~ SlID: 00 ~ ~"'1"~oe e@ ~ .."" -r'J-, 0000@000'l> ..'" ....<; ~ <1''''''' OFI ......'" :t'bQeaao~nn~a'll / \-1 t. ,c ;:7(" it 1,,( ( (, {~ ; Notary Public for Idaho ( (, Residing at: fl," y,.,lc- Commission expires: i; ~J ,', /vtt, i \jfi C'/ '} D IC' DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 14 OF 14 STATE OF IDAHO ) : ss COUNTY OF ADA ) <. ~I !J. \ l5 On this L day of .~>' t.u, \ ,L} (Ltii-.. , in the year 2004, before me, a Notal)' Public, personally appeared DONALDJifHOBBS AND JEAN S. HOBBS, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. ~ ~ ~- ~ ~ ('1- [) -11... .L K\/,l:.-l/u (~t/ r:)., ftt;l\ ttJ:'\) \ No~tary Public for Idaho Residing at Commission expires: Reciding In' ~He1idiafi, idat.v CO!(ii'ilI:isii)n {S;\piK'(1~ On<O&'2010 h (S' AfilF-NICE B. THORNTON NOTARY PUBLIC , STATE OF IDAHO STATE OF IDAHO ) : ss COUNTY OF ADA ) /0' -rH ---C:1. ' IJ j) '1 "', -"'- <- Vv..f) On this Il' -- day of l.yT'ill LLl11CY I:;{ L L)J , in the year ,2BelZr, before me, a Notary Public, personally appeared JERRY AND ,~,.. STEVENSON, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. . ,!,: .. MELANIE C. BAKER Notary Public State of Idono /?'~J' Notary Public f9J,Idaho . Residing at: /J/ti;!!~//f/(/ _, Commission expires: L-/- 7-dLi:J1' (.:1. 11 T '\ DEVELOPMENT AGREEMENT (AZ-04-024) PAGE 15 OF 15 Acknowledgment State of Idaho County of -'b:ft } 17-1 ---- r- an this lu' ~day of Ai , in the year of~, before me 171 rt illllt: C PJI9/Let- , personally appeared ~ tV , IE ..-:. 5' t.JAJ , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within instrument, and acknowledged that e she (they) executed the same. 7l ftb~ 2~ Nota Public Exp. ?j--j- dla/) - ~ MelANIE C, BAKER Notary Public State of Idono ~ ~ ~ ... STATE OF IDAHO ) :ss County of Ada ) . -- . <'i . k \ <,e')..CL.) On this J b 7 day of 'c. (1 V\t,Vc (V , in the year 2OQ4, before me, aN otmy Public, personally appeared Tammy de Weefd and William G. Berg, Jr., 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) ....~ll11nael1aqQqq :6L.S $G'*''''Z10~ ~ v ~ @o .. 'i'A @ ~ .. :~01l?J'-\ ~ =*(1 ~ : = : -Q- : "* :: ; \...... C Q :: ;. "'0 4""llBL\ l ; ~ <p. eo 0.0..... :: "?-"., "''''......''' ..~~ . <1 :r O".....OOlll"f! ~ ...."" "'''''''''Q it u fi \"D ........... l\I'O~~.fi:~ lJ;j;li.,l.tl ~~tJ.a'$" ~ diJ ----/'---~ ~_ /1 , -, /j ....--- :ft'1'U4( r:7 (~ 'IFlV.f- NotqryPubjic for Idaho Re~lding 5l.t: lY(€,'-id"fL ~\_ Cot~mi.<:;slon expires: D ({ hr,I07 :::.:T . I ! " DEVELOPMENT AGREEMENT (AZ-04-024) PAGE 16 OF 16 EXHIBIT A Le2al Description Of Property EXHIBIT A Legal Description ~~~HMe-f~.fioYf~~''tJlilMt~J~~~.m"i:l.''\G;ia.~au.:tI&tf.'li'~;:t?''E.;;;:::all~ ~~1<2"~fi~~"=""''''~,r.-:Ak,''''f<$':<:''',".$'P'"~A.:<;.TI Jul 13 O~ 03: -4Bp Joe fiieks IZ081 88"1-5399 p_ 2 ~ JDAHO SURVEY GROUP HSO E.scW".""...". S<. Sv~. '50 Huid<m.ldo.ho Sl&i2 /'''''oe (loa} 8-1&-6570 m (:l06) !l8-f.Sn9 Project No. 04.01.9 Silverleaf Subdivision July 13. ZOD4 Boundary Description A pattel of !aDd bcinB a pmtion of the NWl/4 Section :26, TAN" R.l W., S.M., Ada COUllly, Idaho, more particularly described as fOUOWll: Commencing at the Northwest comer of said Section 26, from which the West !/4 corner of~d Section bean South OO"2I'W" West, 2633.61 feel; thencea.long the W".t boundary-of said Section 26 South 0if21 'I Off Wesr.. 1J46.16 (ealo tbe REAL FOrnI: OF BEGINNfNG. Theile<: leaving said West boundary tine South 89"09'4 T br.. 28751. feet; ~ South OIY'ZI'IO" We$f, 31.0& feel; Thence Sou.th &9"09'47" East, 1023.01 feet In apoinl on the West boundary ofth.::':&sr III offue NWI/4 ofS>cid Section 26; ThalCC slang said WC!!.! boundsryNortb 00"29'\8" Bast, 486.39 feel to a point at \he caller of a.o ini gation dilcb; Thence leaving said Weal boUlllWy llIIa along the ccnlCl'ofsaid irrigation dilch the followiog illfu> courseol: Thence S<luth 57"46'13" East, ~.56 f~; ThCTIce South 68000'27" EllSt, 129:.75 feet; Thence South 71"25'27" Et!$l, 97.71 feet; 11= South 86045'44" WI, 107.65 f~t; Thence leaving said irrigation ditch North 00001 '50" West, 1016.67 reetlo a point 00 !he North bonndMy of said Section 26; Thence along said Nortlll)QundBry South 89.10'58" East, 929,42 feel to B point on the Nort!J..South mid-sectiollline of said Section 26; Thence leaving said North boundary and ~oD8 said North.SolIth mid-section line South 00'37'33" West, [805.36 f~: Professlon<J1 l<Jnd Sl/r~eyor. ~.rn~~d~r~d~~ ~~~@#til~~.'%t+,,"'1.i~ifili61H~$!fI.hlll~~~^'~~~t.Iiof"""'W""~~:=t~"''''''''''-'''0,,",'''' ,-- ~?'3I Jvl 13 O~ 03:43p Joe Hleks [ZOal aa4-S333 p.'J Thence North 7}'36' IS" West, 489.75 feel; Thence North !W30'41" WC:sl. 232.70 fr:et; Thence N'o-cth 54.54'43" Wel;[, 196.55 f~t; Th= North 20"08'L7" Wel;t, 12L6L Ceet; Thence NOM 7!.48 '42" West. !40.90 Ceet; Thence SOlllh 87"03.36" Wesl, 268.57 fcet to a point on the Weslbolmdary of!}]e ~ lfl. of tile NWJf4 of sll.id Secrion 26; ThcnceaJoog said WcslhoundMySoulil 00"29'18" West, 214.02 feel; Tho:ru:e leaving said West hounda>:)' North 89"09'4r Wo:st. 1309.82 feet to. a pornl on the West bollDdnIy of lllIid Section 26; Tht:Dce along said W,:st boundAry North oen!' JO" East, 329.58 feel to the Point Of SeginDing. Conbining 48.52 acres, more or !llS$. ~ ~ AUG 1 ~. 100" Meiid.Wt1'uh1ill WG1'k&~"t EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 47.66 Acres from RUT to R-4, AND Preliminary Plat Approval for One-Hundred-Forty- Three Single-Family Building Lots, Eighteen Other/Common Lots, and One School Lot for Silverleaf Subdivision, AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes with Reduced Lot Frontages and Reduced Lot Sizes, by Centennial Development, LLC. Case Nos. AZ.04-024, PP-04-031, CUP.04-033 For the City Council Hearing Date of: October 19, 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 ~67~ 6509. The matters were duly considered by the City Council at the October 19, 2004, public hearing{s). The applicant, affected property owners, and government subdivisions providing services' within the plamringjurisdiction 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 \Vritten testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a Written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code ~S 11~15-5 and 11~17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed WiU1 the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ.04-024, PP-04-03!, AND CuP-04-033 - PAGE 1 of 5 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) of record at the time of issuance of these findings are Donald and Jean Hobbs, and Jerry and Sandy Stevenson. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit G for the findings required for the Annexation and Zoning application. b. See Exhibit H for the findings required for the Preliminary Plat application. c. See Exhibit I for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and aU 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 i adopted August 6, 2002, Resolution No. 02~382 arid 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 Preliminary Plat dated June 23, 2004 as shown in Exhibit B, the Site Plan dated J~ly 12,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D, E, and F. 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 CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-0:n - PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code S 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 June 231 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 12, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a) Add an additional traffic calming device on the road from Ten Mile (Satinwood), b) Comply with the Noise Evaluation Process standards set forth in ITD's Planning & Zoning Recommendations Noise EvaluationlMitigation, for Chinden Boulevard (see handout); and, 4. The site specific and standard conditions of approval are as shown in Exhibits D, E, and F. D. Notice of Applicable Time Limits ~ ~; 1. Notice of Twelve (12) Month Preliminary Plat Duration . . . . PleaSe take notic~ that after the date of approval of the prel4ninary 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). 2. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024. PP-04-031, AND CUP-04-033 - PAGE 3 of 5 deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the 'event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void (MCC 11~17-4.B.). 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 of the governing body of the City of Meridian. pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twentYReight (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: Exhibit I: Legal Description Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Annexation & Zoning Conditions of Approval Preliminary Plat Conditions of Approval (all agencies) Conditional Use Permit Conditions of Approval (all agencies) Annexation and Zoning Findings Preliminary Plat Findings Conditional Use Permit Findings J~ day of ~tion of the City Council at its regular meeting held on the V~trv~ 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENOS. AZ-04-024, PP.04-03l, AND CUP-04-033 . PAGE 4 of 5 COUNCIL MEMBER SHAUN WARDLE VOTED dO~ COUNCIL MEMBER CHRISTINE DONNELL VOTED AB8ENil ~ VOTED ~ VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD - .MA YOR TAMMY de WEERD ''I ? p A- (TIE BREAKER) /. -- v- T VOTED Attest: and City Attorney. BY:~l61Y\ 1 Y Clerk's Office -- ~ - Dated: \ \ -1.4 -04 CITY OF MERIDIAN FlNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031. AND CUP-04-033 . PAGE 5 of 5 EXHIBIT A Legal Description ~~....-- 1l1~~~ "'-~Iij_i9h1r~'1i:tilt'.fRmn/,.- ,-- Jul 13 01 03:48p Joe Hick.. 12081 8a~~5:a99 p.2 IDAHO SURVEY GROUP 1-450 w'W".rm.....- St. Sult. ';0 Mtridi:ln, l~ho a3~2 Pl>one 005) iM6.S~70 l'ax (260) fI8.f-5399 Project No. 04-01.9 SiJverleaf Subdivision July 13, 2004 Boundary Descriptioll A parcel ofJ.aod being a ~ Df lhe NWlI4 St!Ction 26, TAN.. R.t W ~ a.M., Ada COUllly, Idaho, more partiCll!arly d~bed as foUows: Commencing at the Northwest oomer of said Section 26, from which the West 114 com I:> ohaid StGtion b=South OO"2}'(O" West, 2633.61 feet; Iheru:ealcog the W<:$tboundaryof said Section 26 Soulh 00021'}(}" West, 1346.16 fr:m to the REAL POlN.TO'F BEGINNING. Thence leaving said Wes.t boundary line South 89"09' 41" East, 287.51 feet; Th= Sooth 00"2.1'10" West, 31.08 feel; The:nee South GG"09'47" East, 1023.02. f~ tCl a point on the West boundary of lhi,Easr 1/2 of the NWJ/4 of ~d So:ction 26; Thew:c along said West boundaryNortb oo"i9' [&" Bast, 4B6.39 feet to II point at the center ahn irrigation dilch; .I . Thence leaving said Willi! bo\JrnWy and along lite center of &aid !rrigatiO"ll dilch the fnllowing lhl'DG course/!: Thence South 57"46'13H East, !l4's6 feet; Th<m~SQIIIh 6&000'21" Ens!, 129.75 feet; The:nceSollth 71"257.1" E.u:1, 91.72 feet; Thence Soll1h 86045'44" E.:l.sl. 107.65 feet; Therll:e lcavillg said ifrigatioil ditch Norlh 00"l)1 '50" WUI, 1016.67 feet to a. puinl 0[1 the North bolIl'ldary ofsaid Section 26; Thence along ~aid NGrth boundary South S~ 10'58" East, 929.42 feet 10 B point on the l'lortlH)Ol1th mid-s~ollline of said S~!ion 26; TheJlce leiMlIg said North boundary and along said North-South nrid-secliollline South 00.37'33" We~l, [&05.36 f~; Professional land Suryeyor. 1l:l:Iir{"-W~'~HII.k<r:;- J!Oii~~lJt~:ll ~~im'i:(HDl_i!lili/i"J!hl~-I-."ft~2rlUhaul}"'" : - Jul 13 04 03:49p Joe Ihoks 12091 a04-5:'199 p.'3 Then<:e North 13036'18~ Wesl, 48~.75 f~'; Thence North S3030'42" West, 232,70 We!; Thence !forth 54.54'4J" Weir. 19655 f~t; Thence Nortb 2000S'L1" West,llI.lSt f~!; Th~1;e North 7104&'41" West, 140.90 feel; Th~ce Soulh 87"03'36" West, 268.57 feel Ie> a point aD lhe WC$1 OOlll:ldllI"I of the Wt t/1. oft'le NWt/4 of ssJd &crien 26; Thence along said Wf:4t boundary South 00"29'18" We&!. 274.02 feet; Thence Icaving said West boundary NOIth 89'09'47" West. 131l9.B2 feet 10 a poin! on the West boundary of said Section 26; Tht1lce along said West boundary NiJrth 00"21 '10" East, 329.58 feel 10 the Painl Of Beginning. Conl3ining 4B.52 lICfCS, more or le5s. ~~ MJG 1 Q 20M t4eiidianPu.bl1c W01'bDept..'IOt EXHIBIT B Approved Preliminary Plat Silverleaf Subdivision (File PP-04-031) .'-.L"~.-, !~:~~.-r-':-:r!{;1;.dtJ. --- - ..... ---- -..--. -~ h. ~ I:-:~: ~ ."-: I ~ ~ - I J L.!;.;~:.~ ~ !. H~=I.~~-' ~;.,; i ~ --",: W'tI'~>:':':i.1 j! j: . I ~! ljni: : i; ; .} hi ',' ~ '. - 'o>'~. ~ ,'. f :! II' I 1,1 :;j ~ ~ Ail !~q.;l i I~~ii -f .-j H; . I :' ~rkliili.! .d~dhldll niid!Jr; ~ :fJ b....l..~....' <t.. !ifill/hi H jpl , :, ~ -l!;:\,,''-: " ~. .1.....<UI.tc. I I ill ~ a~1 i:'~t;~.~~~,.}._. :! . . i. II j'. 'I'j ~i 11 t . I i;1 'i 3 '~j ) ,J ;" Ii'>i" ' Iii !I! :! ill II 'I'. ~ .t'lt I · J ~ I . ,. . ':':",' ";Jr; : i :~ md 1.1 111 Ii/hi lil ~l!IIIIi'I! ..:1'11 it . -, ,:,7.. ,. ;:.~ nn ..11 ,UIIII ~ -:r.. '.'l/.~:: :.:t;'. _i ~ IP/i'I:1111 !,i';' '. '..: ..:..t."::;"'_ ]"rrl1fj .!!~_.. ....j,r :: :,'IJ ! : t-~!.;J.~,'. J ' illl: j :1.. . i ~: ~ I t J '1..___ ...~_ i j ~~ ...~..-.._-~.- ! I II I ~I ~I~ . j r I i j i ~i t i i ~';~~ - - """'-'. -"'- ::;rr to! ~~ I ; i ~-~j ~ : I ! !t~ 1/ i ! f r i j r i !' .. if .i. "- -, n__..__. - _' .~t ! i i . 1 i -!~ ft ~P1 d ! ~ '~1! !J~: i1jU II r{-: i J ;\m~! ~ :I:~~ 'I 'tl! II ,m3B I ,) r "I ',II I' , ' ,'- L - ,.~ ;tj_ _' tl.'L _: I ! \:..i ::.. : I it I II 11;1'/' Jill ' WIllll I !~' " t' 1111 .! i:1 .1 ~if ill ~lIlljl~: 1m -. "-"- '(FT ~', ! J t <I , -----.- i i . ~ . - ) . ~i i ! j I j j i i f 11~ -.. -.. - ""--i; : f I ! i [ i ;i i ! ! ! ! , l~ EXHffilT C Approved Site Plan Silverleaf Subdivision (File CUP-04-033) " I l>l I . 0 :1 J "' ,HI I 1:1 .. d.l '" ,llhHrufH .:'i I! I J "- JI I I, ! I:! ,j. IIi! .,.....:t.lSq.cl..!I. Ol Ill. ill] l <> I' ~ I.l.'j , Ii! .. I"';' 1 If i f I "- [I [, J :,H let rl " ,. "I: iI ~l,li llulffillilllltJl lUl" {;f:i t ,JtHHJ /Wi Ii/HI !J --'lli/1i : II 1 I; Il'r I I ----- .'-... _"n_ ~~'tt'aII~ ! \ : -~.. -~ '- -- ~~ '- _-co. _... ......n_ ......_.. EXHIBIT D Annexation and Zoning Conditions of Approval Centennial Development, LLC (File AZ-04-024) The City Council of the City of Meridian hereby approves the Annex.ation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 7-13-04, stamped by Gregory G. Carter) shows the property as contiguous to the existing corporate boundary ofthe City of Meridian and is approved. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canaJs, ~xc1usive 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 1 users association (ditch owners), with written approval or non-approval submitted to tl:Ie Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 5. A Development Agreement will be required as part of this annexation request. A condition of the Development Agreement shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perfonn the tenus of such agreement or agreements. EXHmIT E Preliminary Plat Conditions of Approval Centennial Development, LLC (File PP~04-031) SITE SPECIFIC COMMENTS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-04-024) and Conditional Use Pennit (CUP-04~033) application shall also be considered conditions of the Preliminary Plat (PP-04-031). 2. The applicant may construct a temporary vehicular access to. Chinden Boulevard (SH 20126), if approved by ITD. The temporary access road shall be constructed to ACHD standards and shall be removed within two (2) months of access being provided from either Silverleaf Way or Kingwood Drive in Lochsa Falls. If ITD approves a temporary access to Chinden Boulevard, a note should be placed on the final plat stating that Lot 12, Block 9 is a non-build lot until the temporary access to Chinden Boulevard is abandoned. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be :separated by no less than ~ the diagonal measurement of the project Prior to i'ssuance 'of the 51st building permit on the northern section of the develop~ent, a secondary emergency access approved by the Meridian Fire Department shall be provided. 4. Provide public stub streets to the north (Nickel Avenue); and '-fest (Kingwood Drive and Shawn Street) as proposed. Extend the three'puhlic stubs streets provided to this property from the Lochsa Falls development (Glade Creek Drive, Powell Creek Avenue, and Tango Creek Drive) as proposed. 5. If Glade Creek Drive is not constructed and accepted by ACHD east of the site (in Lochsa Falls), construct a temporary turnaround at the eastern terminus of Satinwood Street that meets the design and construction standards of th~ Meridian Fire Department and ACHD. 6. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 7. The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 6- 23~04 is approved as submitted, with the following modifications: · Amend the scale to be 1" = 50' (currently shown as I" = 100') on all sheets. o Depict a minimum 40-foot wide (35-foot wide currently shown) landscape buffer along Chinden Boulevard (including a 5-foot wide detached sidewalk). Said landscape buffer shall be located b~yond any future street right.of-way, as proposed. If it is shown that the adjoining Lochsa Falls Subdivision has the sidewalk within their 35-foot landscape buffer, this project may match that proj ect. · All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 nPedestrian Walkways." Micropath fencing shall be constructed per MCC 12- 13-15-9. · Construct a minimum lO-foot wide (8-feet currently shown) gravel shoulder along Ten Mile Road and landscape the remaining portion of the right-of-way with lawn or other ACHD approved groundcover. . It All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. . Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes and any other changes that may be required by the Plarming& Zoning Commission, to the City Clerk at least 10 days prior to the next public h,earing. 8. AU irrigation ditches, laterals or canals, ex.clusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12~4-13. Plans will need'tobe approved by the appropriate irrigation/drainage district) or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized inigation must be provided to all lots within this development. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. 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 shall be submitted prior to plan approvaL The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single~point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. A detailed fencing plan shall be submitted upon application of the final plat. If pennanent fencing is not provided, temporary construction fencing to .contain debris must be installed around the perimeter prior to issuance of building permits. Ail fences shall taper down to 3~feet maximum within 20 feet of all right- of~way. All fencing shall be installed in accordance with MCC 12~4-10. 11, Maintenance of all common areas shall be the responsibility of the Silverleaf Homeowners' Association. 12. Pennanent sanitary sewer service to this development is to be provided by the . undeveloped "North" Black Cat service area. Temporary service shall bl;': via a "private" lift station pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The "private" lift station shall be designed to accommodate the remaining undeveloped area of the NW portion of this section. The developer may enter into a maintenance contract with the City of Meridian for the operation and maintenance of the facility. 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. 13. Municipal water to this site shall be via extensions from existing mains in Ten Mile Road, and from future mains within Lochsa Falls. Applicant will be responsible to construct the sew~r and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall exe'cute City of Meridian standard forms of easements, for any mains that are required to provide service. J', 14. Direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and Chin den Boulevard. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in confonnance with MCC 11-12-3H. 2. Sidewalks shalt be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10~8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer. water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. ,; 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and one-hWldred-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. 7. 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 mitigated. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a IOO-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion ofa drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the' groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3- feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. , 1 H. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11, 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. 12. Applicant's engineer will be required to submit a signe~ stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 13. The applicant shall be required to pay Public Works development plan review) and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 15. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SANITARY SERVICES COMPANY (SSC) 1. No comment. MERIDIAN FIRE DEPARTMENT 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~feet apart. International Fire Code Appendix D. 2. Pinal Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1'2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum oft\.vo points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y2. the diagonal measurement of the project 7. The proposed 134.10t subdivision with an estimated 2.9 residents per household would have a total estimated population of389 residents at build qut. 8. 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. 9. No parking signs and painted curbs will be required for all Fire Lanes. MERIDIAN PARKS DEPARTMENT . 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. ADA COUNTY BICHW AY DISTRICT 1, The applicant shall do one of the following: a. Dedicate by donation a total of 48~feet of right~of-way (an additional 23-feet of right-of-way) along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk alongTen Mile 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 Ten Mile Road, located a minimum of 41 ~feet from the centerline of the right-of~way, in an ellSement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of~way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road approximately 160-feet south of the north property line, as proposed. 3. 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. 4. Extend Kingwood Drive from the east property line approximately 645-feet north of the south property line, as proposed. 5. Extend SilverleafWay from the south property line approximately 490-feet west of the east property line, as proposed. 6. Extend West Satinwood Street from the east property line approximately IOO-feet north of the south property line, as proposed. 7. Construct a stub street that extends to the west property line approximately 550- feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the roadway stating that, nTHIS ROAD WILL BE EXTENDED IN THE FUTUREli. 8. Construct West Kingwood Drive as a stub street to the west property line approximately 170-feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that, HTHIS ROAD WILL BE EXTENDED [N THE FUTUREIt. 9. Construct North Nickel Avenue as a stub street to the north property line approximately 550-feet east ofTen Mile Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtl. 10. Construct Shawn Street as a stub street to the west property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE"." =e'> ., 11, Construct a driveway that intersects Ten Mile Road at the north property line, as proposed. This driveway is approved to access a lift station arid pump house. ONLY and is not approved to access another lot or. use. r~, .; ~ ;", 12. Construct two (2) islands/medians within West Satinwood Street, as proposed. Provide a minimum of a 21-foot street section on either side of the proposed islandfmedian. Construct the island to be a minimum of 4~feet wide with a minimum area of 100-square feet and shall be owned and maintained by the homeowners association. 13. Construct four knuckles without center islands within the subdivision, as proposed. 14. Construct a stamped concrete crosswalk at intersection of North Nickel Avenue and West Satinwood Drive, as proposed. 15. Construct a special radius for the northbound right~turn lane at the Ten Mile Road and West Satinwood Street intersection. 16. A portion of Silverleaf Subdivision's preliminary plat is being approved contingent upon the right-of-way within Lochsa Palls being dedicated to the public and the roadways being constructed or a financial surety in place for the construction of the roadways prior to the signature of the final plat for Silverleaf Subdivision. 17. Comply with requirements of ITD for Glenwood Street frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334- 8340. 18. Comply with aU 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 Construction Services at 387-6280 (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 aU 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 pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is ,granted pursuant to the law in effect at the time the change in use is sought. SETTLERS IRRIGATION DISTRICT 1. All irrigation I drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any SJ.D. facilities. 4. Any changes to the existing inigation system such as relocation, tiling, and landscaping must be approved by Settlers Inigation District S. All storm drainage must be retained on-site. 6. The development must supply irrigation access to a1llots within the above- mentioned subdivision. 7. This property is located entirely within Settlers Irrigation District, therefore, SJ.D. will be the irrigation entity having jurisdiction. CENTRAL DISTRICT HEALTH I. 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. IDAHO TRA::.'l'SPORTATlON DEPARTMENT (ITD) 1. The US 20-26 has been designated a principal arterial type IV access control. Maho Transportation Department is assuming that the Silverleaf Subdivision is not asking for any (permanent) access to be granted from US 20-26. All the approaches should be designed to access other Ada County Roads or thru adjacent subdivision to cut down on access to Chinden Boulevard. 2. Noise abatement will be the responsibility ofllie developer and will be constructed off of the State Right of Way. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHffiIT F Conditional Use Permit Conditions of Approval Centennial Development, LLC (File CUP-04-033) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet aU of the requirements of the Annexation/Zoning (AZ-04- 024) and Preliminary Plat (pP-04-031) as a condition of the Conditional Use Permit (CUP-04-033). 2. The project shall conform to the R-4 dimensional standards, except as follows: · Minimum lot size: 5,000 square-feet. · Minimwn frontage: 50~feet (non cul-de-sac lots). 3. Provide amenities in accordance with the requirements of the City Council. The applicant shall provide detailed open space calculations at the P&Z Commission public hearing, clarifying what percentage of the site will be set aside as landscaped open space. If modifications to the plat/site planJ1andscape plan are required DY the Commission, 'said plan shall be submitted to the City Clerk at least 10 days prior to the publici hearing. Unless otherwise required by the City Council, the proposed amenities (tot-lot, picnic area, pathways, and open space) shall be installed as depicted on the submitted landscape plan. 4. Construction within Silverleaf Subdivision shall substantially comply with the ten (1O) elevations submitted ,by the applicant., prepared by R. Haverfield. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 5. The applicant shall work with Meridian Planning & Zoning staff, the Meridian School District, as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the micropathJpathway crossings to/from the future school site. SA1'iITARY SERVICES COMPANY (SSe) I. No comment. l\'lERlDIAN FIRE DEPARTMENT 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-feet apart. International Fire Code -f\ppendix 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. 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. 4. All entrance and internal roads shall have a turning fadius of 28' inside and 48' outside. S. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Yi the diagonal measurement of the project. I 7. The proposed 134-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 189 residents at build out. 8. 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. 9. No parking signs and painted curbs will be required for all Fire Lanes. MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. ADA COUNTY HIGHWAY DISTRICT 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of~way (an additiona123-feet of right-of-way) along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile 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 Ten Mile Road, located a minimum of 41-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road approximately 160-feet south of the north property line, as proposed. 3. 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. 4. Extend Kingwood Drive from the east property line approximately 645-feet north of the south property line, as proposed. 5. Extend SilverleafWay from the south property line approximately 490-feet west of the east property line, as proposed. 6. Extend West Satinwood Street from the east property line approximately IOO-feet north of the south property Hne, as proposed. 7. Construct a stub street that extends to the west property line approximately 550- feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the tenninus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTUREu. 8. Construct West Kingwood Drive as a stub street to the west property line approximately 170-feet south of the north property line, as proposed. Construct a temporary tumaroWld at the terminus of the roadway and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREIt. 9. Construct North Nickel Avenue as a stub street to the north property line approximately 5S0-feet east ofTen Mile Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct Shawn Street as a stub street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, tlTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a driveway that intersects Ten Mile Road at the north property line, as proposed. This driveway is approved to access a lift station and pump house. ONLY and is not approved to access another lot or use. 12. Construct two (2) islands/medians within West Satinwood Street, as proposed. Provide a minimum of a 21. foot street section on either side of the proposed island/median. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and shall be owned and maintained by the homeowners association. 13. Construct four knuckles without center islands within the subdivision, as proposed. 14. Construct a stamped concrete crosswalk at intersection of North Nickel Avenue and West Satinwood Drive, as proposed. . 15. Construct a special radius for the northbound right-turn lane at the Ten Mile Road and West Satinwood Street intersection. 16. A portion of Silverleaf Subdivision's preliminary plat is being approved contingent upon the right-of-way within Lochsa Falls being de~cated to the public and the roadways being constructed or a financial surety in place for the construction of the roadways prior to the signature of the final plat for Silverleaf Subdivision. 17. Comply with requirements of ITD for Glenwood Street frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334- 8340. ] 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 Construction Services at 387-6280 (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 pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. . 8. Payment of applicable road. impact fees are required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to can DIGLINE (1 ~800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written continuation 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. SETTLERS IRRIGATION DISTRICT 1. All irrigation I drainage facili ties along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. AU storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. 7. This property is loc~ted entirely within Settlers Irrigation District~ therefore, S.I.D. will be the irrigation entity having jurisdiction. CENTRAL DISTRICT HEALTH 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 1)1e 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. IDAHO TRANSPORTATION DEPARTMENT (ITD) 1. The US 20-26 has been designated a principal arterial type IV access control: Idaho Transportation Department is assuming that the Silverleaf Subdivision is not asking for any (pennanent) access to be granted from US 20-26. All the approaches should be designed to access other Ada County Roads or thru adjacent subdivision to cut down on access to Chinden Boulevard. 2. . Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way. MERIDIAN POLICE DEPARTMENT L No comments received. " EXID.BIT G Annexation and Zoning Findings Silverleaf Subdivision (File AZ-04-024) The City Council hereby approves the following analysis of required fIndings by staff; According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required (~to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. Staff finds that the requested zoning designation, R-4, is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which. designates the land to be "Low Density Residential" near Chinden Boulevard, and "Medium Density Residential" for the southern portion of the site. In addition, in the applicant's cover letter (from Shawn Nickel, dated July 15, 2004) several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property: B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing single-family lots on the subject site (SilverIeaf Subdivision, PP~04-031). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP and PP applications are approved, C. Is the area included in the zoning amendment. intended to be developed in the fashion that would be allowed nnder 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 development could be allowed within the requested R-4 zone, if the accompanying Conditional Use Pennit for a Planned Development is also approved. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, bave the streets been widened~ new l'aikoad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff fmds that the land to the south and east have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. Lochsa Falls Subdivision to the south and east was approved with a gross density of2.92 dwelling units per acre. There have been no recent street improvements in the area. Further, neither Ten Mile Road nor Linder Road is currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (eIP) for roadway widening. Chinden Boulevard is not in ITD's current STIP for roadway improvements (is in corridor preservation). Pennanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes temporarily pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The Public Works Department does not have concerns With this concept, provided that the "private" lift station is designed to accommodate the remaining undeveloped area of the NW portion of this section. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. 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 R-4 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be hannonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff does not find that the proposed zoning/uses will adversel y change the essential character of area. See Preliminary Plat Analysis below for further information. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area. Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Staff recommends that the Commission and Council rely on public testimony to detennine whether the proposed use will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fwe 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; Permanent sanitary sewer service to this development is to be provided by the undeveloped "North'> Black Cat service area. The applicant proposes temporarily pumping the sewage generated within the development to a discharge point in N. Ten Mile Roa.d.\The Public Works Department does not have concerns with this concept, provided that the "private" lift station is designed to accommodate the remaining undeveloped area of the NW portion of this section. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Lochsa Falls Subdivision. The applicant shall be responsible for the extension ofutiIities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. As ofthe print deadline for this report, the ACHD has not had a chance to review and comment on the Traffic Impact Study (TIS) for this development. Therefore, there is no staff report from ACHD and this item has not yet been scheduled on an ACHD agenda. Please review any comments that may be sent from ACHD between the print deadline and the hearing. Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Further, the Commission and Council should detennine if the above finding can be made without ACHD's analysis ofllis development on the roadway system. H. Will not create excessive additional requirements at publi~ cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses~ activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; f,." According to the Traffic Impact Study (TIS) prepared by the Washington Group International the proposed project is anticipated to generate 1,921 vehicle trips per day. Staff recognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare"or odors. Staff finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference' with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Ten Mile Road and one temporary access into the site from Chinden Boulevard (SH 20/26). The applicant is also proposing to extend two stub streets into the site that were approved with. the Lochsa Falls development. If the proposed vehicular approaches (streets) are approved and accepted by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees larger than 4" caliper that are removed should 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)1 Staff finds that aU essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan. The land east and south of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. hl accordance with the findings listed above, staff finds that the annexation/rezone of this property woUld be in the best interest of the City. EXHIBIT H Preliminary Plat Findings Silverleaf Subdivision (File PP-04-03l) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3~3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision. the Commission/Council shall consider the o.bjectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, 'mediwn density' is defined as areas including single- family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. Staff finds that the proposed single- family residential subdivision, with a gross density of3.0 dwelling units per acre, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to ~e "Medium Density Residential" and "Low Density Residential", near Chinden Boulevard (provided the COlmnission and Council grant the requested planned development). B. The availability of public services to accommodate the proposed development; Staff finds that public services are available or can be made available to accommodate the proposed development. See Annexation and Zoning Anal ysis "G" and "H" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACHD, etc) to detennine this finding. (See finding "G" under Armexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other heal~ safely or environmental problems that may be brollght to the Commission's attention. Staff finds that there should not be any health, safety or envirornnental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems that staffis unaware of. , ,! EXHmIT I Conditional Use Permit Findings Silverleaf Subdivision (File GUP-04-033) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus of the following and may approve a conditional use pennit ifthey shall find evidence presented at the hearing(s) is adequate to establish (Il- 17-3): A. That tbe 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; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and lot size of the R-4 zone, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious witb the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single~family residential subdivision, with a gross density of3.0 dwelling units per acre, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential," and "Low Density Residential," near Chinden Boulevard (provided theComrnission and Council grant the requested planned development). 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 general design, construction, operatio11, and maintenance should be compatible with other uses in the general neighborhood and with the existing or 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 does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining ifthe proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street~ police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis <lG" and "R" above, the Other AgencylDepartment Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. 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; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed development will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive. production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "1" above. Staff recognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed development will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed residential use will not be detrimental to people, property or the general welfare of the area. 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; '1f~T Staff does not believe tha.t the proposed vehicular approaches will create an. interference with traffic on the surrounding public streets. Please see Anhexation and Zoning Analysis "]" a.bove. However, neither ACHD nor ITD have provided the City with a detailed review (staff report) on the proposed vehicular approaches. The Commission and Council should review any comments the ACHD and/or ITD provide for this project when determining 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. See comments under Annexation and Zoning Analysis <OK" above. ~ ,,<~~'lf~~ January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5~1 REQUEST Engineering Services for Miscellaneous Wastewater Projects AGENCY COMMENTS . CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: EmaUed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become properly of the CIty of MeridIan. GiW of Meridian " Public Works Dept. t 2005 City Of IvleX'ima:fl City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/12/2005 Re: Proposed Agenda Item for January 18, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 18 City Council agenda, under Consent Agenda, for Council's consideration: Enqineerinq Services for Miscellaneous Wastewater Projects. Ten proposals were received for the request for proposals for Miscellaneous Wastewater Projects. The Public Works Department selections from these proposals are shown on the following sheet. Recommended Council Action: The Public Works Department recommends that City Council approves the selection of firms for fiscal year 2005 for the miscellaneous wastewater projects. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 FY'05 MISCELLANEOUS WASTEWATER PROJECTS Consultant Roster Selection Date: 1/10/2005 Proposals Submitted: 11/5/2004 Note: Names in alphabetical order, not ranking Wastewater Treatment Plant Projects Carollo Engineers CH2M HILL HDR Engineering, Inc. JUS Engineers, Inc. MWH Major Collection System/Lift Station Projects CH2M HILL Civil Survey JUS Engineers, Inc. Keller Associates Small Collection System and Appurtenance Projects Civil Science Civil Survey Engineering Northwest, LLC JUS Engineers, Inc. Keller Associates Sewer/Water System Modeling CH2M HILL Civil Survey HDR Engineering, Inc. JUS Engineers, Inc. January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-J REQUEST Westborough Subdivision Lift Station Agreement 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 ~ Contacted: Emaited: Date: Staff Initials: Phone: Materials presented at publiC meelfngs shall become property of the City of Meridian. CitY of Meridian Public Works Dept. E If: rViE2. DJ 11....6 _ _ 1 4 2005 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/12/2004 Re: Proposed Agenda Item for January 18, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 18 City Council agenda, under Consent Agenda, for Council's consideration: Westborouqh Subdivision Lift Station Aqreement. The monitoring and maintenance of the Westborough Subdivision Lift Station will be performed by the City of Meridian. The attached lift station maintenance agreement specifies the City of Meridian's and Westborough Subdivision Homeowners Association's responsibilities and the City of Meridian fees for monitoring, repairing, and maintaining this lift station. Recommended Council Action: The Public Works Department recommends that City Council approves the lift station maintenance agreement for the Westborough Subdivision with the Westborough Subdivision Homeowners Association 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 LiffStation Maintenance Agreement This Agreement is entered into this th day of , 2004, by and between the CITY OF :MERIDIAN (hereinafter "Meridian") and WESTBOROUGH SUBDIVISION HOMEOWNERS ASSOCIATION (hereinafter "Association"), an Idaho corporation. WITNESSETH WHEREAS, Association made application to Meridian to rezone and armex that certain parcel of real estate known as WESTBOROUGH Subdivision and to develop that subdivision as recorded at Book 87 of Plats, pages 9884-9886, recorded on the 15t day of October, 2003 in the records of Ada County, Idaho records; and as Instrument No. 103166998. WHEREAS, Meridian granted Association's application subject to all of the terms and conditions of a Developement Agreement entered into on April 8th, 2004; and, WHEREAS, one specific condition of the Developement Agreement required Association to install a sewage lift station in order to properly move sewage from a collection point in the subdivision and to connect to the Meridian Sewer System, which lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does the sanIe with other lift stations at other projects and subdivisions, and will agree to do the same for Association for a fee equivalent to its costs and expenses; and, WHEREAS, Association formed a non-profit corporate homeowners association to be known as WESTBOROUGH SUBDIVISION Homeowners Association, Inc. (hereinafter the "Association") and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station; NOW, THEREFORE, In consideration of the mutual benefits, the parties agree as follows: 1. The above recitals are contractual and binding. 2. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance services to the Westborough lift station: A. Daily operations monitoring and biweekly wet well surface cleaning. B. Periodic line and wet well floor maintenance in accord with Meridian's normal schedule C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding One Hundred Dollars and No Cents ($100.00) are needed, Meridian shall notify Association, who shall then make, or contract for, the repairs at Association's separate cost. E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at Association's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of Thirty-One Dollars and Fifty Cents ($31.50) per hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a.m. - 5:00 p.m. Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49.50) per hour for two (2) personnel for non-regular hours, or at the then published rate for non-regular hours. A service vehicle rate is charged at Fifteen Dollars and No Cents ($15.00) per hour in addition to the personnel charge. NOTE: Emergency repair call-outs require the use of two (2) employees for safety Purpose. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. NOTE: In the event that additional parties connect to the Westborough Subdivision Lift Station, those parties will be required to share the pro-rated operation and maintenance costs as set forth in this agreement. 3. Scope of Association's duties: A. In addition to bearing the cost of installing the sewage lift station, Association shall install an alarm system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section 1. B. Association shall pay all utility costs incurred in operating the lift station, including water, power, and telephone. C. Association shall pay to Meridian routine maintenance charges as follows: 1. Initially, one visit per day lift station monitoring and biweekly wet well surface cleaning at Two Hundred Forty-Five Dollars and No Cents ($245.00) per month. At a future time in the development of this subdivision, when sewage flow into the lift station has increased to a point where, in the opinion of the City Wastewater Superintendent, two daily visits and weekly wet well cleaning are required, the monthly maintenance charge shall increase to Three Hundred Forty Dollars and No Cents ($340.00) per month. 11. Periodic line cleaning and wet well floor cleaning at One Hundred Thirty-Five Dollars and No Cents ($135.00) per cleaning, as necessary or in accord with Meridian's normal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year, or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 4. The Association shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 5. All sums of money due to Meridian shall be paid within thirty (30) calendar days of the date of invoice. 6. This agreement may be terminated by either party upon sixty (60) days written notice. 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line, making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to the Association or its assignee. 8. The duties and rights of West borough may be assigned by Westborough to the association. President: UGH SUBDIVI?I.ON HO~ERS ASSOCIAJ~W' '~'.II~Zit'",;,- '\ ". ..,:; .J... S .....~.... ~4- ;~ " /" ' ' .. ..... \ .. ~ ~ ~~~ ~ ~ - , : ....... O'fARy. <; : :.~ ~:. : : ., ..... : : .. . . ...... ': \ "... \.v: : -:. ... PU'Bv~ .f! 0 ~ \,-"", ...~ I "',- J>)t ......... ~ ~'t 1",- <11'8 Of \~ ,...... '" J It" .......I..'~ Secretary: STATE OF IDAHO) ) ss County of Ada ) On this . ( t ~ day of JGUtllP{ t/ ,200"7", before me, the undersigned, a otary Public i and for said State, pefsonally appeare'd1fr}:eA. p,~ ') 5 and I' .....r., " , known or identified to me to be the President and Secretary, espectively, of WEST BOROUGH Homeowners Association, Inc., and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that said corporations executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~ff-- ~~~~:t~ BL;cr~R1~ Commission Expires: q-3lJ -:2 0) () CITY OF MERIDIAN Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk Approved by City Council: STATE OF IDAHO ) ) ss County of Ada ) On this day of ,20_, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that they executed the same for said City of Meridian. IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5..K REQUEST Permanent and Temporary Easement Contract for the Norht Slough Sanitary Sewer Project by David Turnbull 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 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pubnc meetings shall become property of the City of Meridian. CitY of Meridian " Public Works Dept. , it 2005 CihrOfl''I" ".:J- q";;J . ;'10nI.1JfUj L-l "Y Clerk Office" Mem To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/13/2005 Re: Proposed Agenda Item for January 18, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 18 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for the North Slouqh Sanitary Sewer Proiect. A permanent and temporary easement has been signed by David Turnbull of Paramount LLC for the construction of the sanitary sewer on their property north of McMillan Road and west of Meridian 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 sanitary sewer on the property north of McMillan Road and west of Meridian Road for the Paramount LLC 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 CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRIPTION City of Meridian. North Slough Sewer Trunk Line, Ten Mile Rd. to Locust Grove Rd. THIS CONTRACT, made this day of . 20----, between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and Brighton Corporation herein called. "Developer" . NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to include with the North Slough Sewer Trunk Line Project a bid unit price item for 4" sewer services. After the Bid Opening and prior to the Notice to Proceed the City will provide the Developer with the bid unit price information. The Developer shall then decide if the bid unit price is acceptable. If the cost is acceptable, the Developer shall authorize, in writing, the City to have the sewer service work constructed and the Developer agrees to reimburse the City for the cost of this work. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City information on the horizontal and vertical location of the 4" sewer service stubs prior to the Contractor receiving the Notice to Proceed. 3. Once construction has began, the Developer shall be responsible to field locate each service stub location and verify invert depth. It will be the Developers responsibility to stay sufficiently ahead of the contractors progress. The City will not be responsible for field locating the service lines. IN WlTNESS WHEREOF, the parties have executed this Contract the day and year first above written. Tammy de Weerd, Mayor DEVE~LO R: By:~ . Date: I-II .r:; ,1) CITY of Meridian By ATTEST: By: William G. Berg, Jr., City Clerk Title: Date: Date: Social Security Number: Approved By Council: 103083/1/Service Stub Contract City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 103083 - North Slough Sewer Trunk Line Parcel # and Owner: 6B S0425141900 Paramount, LLC Date of Offer: September 24, 2004 THIS RIGHT-OF-WAY CONTRACT, was made this 24 day of September, 2004, between the City of Meridian, acting by it Mayor and Council, herein Called "CITY" and Paramount LLC., herein called "GRANTOR". WHEREAS, subject to the tenns outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A-I", "A-2", and "B-1" dated Jan. 10,2005: NOW THEREFORE, the parties hereto agree as follows: 1.A.CITY shall pay GRANTOR and the lienholder, ifany, such sums of money and/or benefits as are set out below: ITEM DESCRIBED AREA (Fe) 16,117 10,890 GROSS VALUE ($/Ff) .8034 .8034 VALUATION FACTOR 50% 12% EASEMENT VALUE ($) $ 6,474 1.050 $ 7,524 Permanent Easement Temporary Easement TOTAL EASEMENT CASH SETTLEMENT AMOUNT 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easement as determined by a certified real estate appraiser: [g'" Cash Payment* in the amount of f 7 t 524- o Donation value ofthe easement *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. The Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose name appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN "WITNESS WEREOF, the parties have executed this contract the day and year fIrst above written. CITY OF MERIDIAN GRANTORS Date: ? /l72-A7UOtLJ,fr ue ,~~~ By: Tammy de Weerd, Mayor ATTEST: Date: 1- //-0 q- William Berg, Jr., City Clerk Date approve by Council: 1 fH,1"''::l'O/..::::/r.A.z;:'"'J''''L'l ...n.... LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 80425141900 OVVNED BY PARAMOUNT, LLC This permanent sewer line easement is situated within the NE Y-t of Section 25, Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an easement 45 feet in width, 30 feet Left and 15 feet Right along the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the E Y-t comer of Section 25; thence along the southerly line of the NE Y-t of said Section 25, N89026'59"W, a distance of 2674.95 more or less feet to the C Y-t comer of said Section 25; thence along said southerly line S89026' 59"E, a distance of 1230.01 feet to a point on the westerly line of parcel #S0425141900; thence along said westerly parcel line NOooI2'01"E a distance of263.71 feet to the POINT OF BEGINNING thence S44009'43"E a distance of371.07 feet to a point on the southerly line of the NE Y-t of said section 25, also being the END POINT ofthi.s easement description. The easement described contains 0.37 acres more or less Basis of Bearing N89026' 59"W (formerly N89027 '26"W) from the East ~ comer to the Center Y-t comer. See: Exhibit "A-2" Exhibit A-I Date 1/10105 ( 1m - -- -1- - - - m~ SECTION 25 T.4N., R.l W., B.M. I I 1 NE 1/4 1 I i C 1/4 COR. .It SEe. 25 lUl:Gl'7 r--- - _ I ____ i -J I 1 f I 1.$',9-;:'~<S> I I $:-;.....~ I I _~.:SS V I <0' I ~~~<;y I <:::J. 1 I ~. I I ~ '" )# ~I" ~ .Q' I ~I ~~}.. .~ I ~I ~~ <1 ~ I ~: // 'fO~ : N8S'2S'S9"W _ _ "'I ~ ,,_ "J (N8!l'27'28'W) .If BASIS OF BEARING ," , WlII I : f t 2874.95' 1--- E 1/4 COR. see. 25 REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _J!(L DATE:_~~ lQ_, 2002.. PROJECT: CK'DBY; __~ SCALE: N.T.S. APPROVED: NORTH SLOUGH SANITARY SEWER TRUNK CITY ENGINEER DATE LEGAL: A PORTION OF SEC. _~, DWG. No: RW. ___ T,1-N., R...LW., 8.M.. ADA COUNTY, IDAHO. SHEET 1 OF!... EXHIBIT A-2 ( I - - - - -- -1- - -- ---~ SECTION 25 T .4N., R.1 W., B.M. I 1 I NE 1/4 I I I C 1/4 COR. ,t SEe. 25 1230.UI' '7' r--~_ I ___ I ~ I -, I I I I I <:>.,r$> I ~~,~ I ~.:::.v I I ~~~ I ~. I ~~{#' I <(~. I I I" yl j:; "'- :;iI' ~ ~ I "'I ~i1P'>:--. ,<tv I ~I~ T~~y4> I ~.: ~^ ~~I>.>. : NB!l"26'5~"W z I ,;,<<fif "-. ),: "-J (NB9'27"2B-YI) -"f;"" /.-L '- .IY" ~ .... I : t f I I I I 2874,95' f-- E 1/4 COR. SEe. 25 BASIS OF BEARING REV. NO. DESC. BY: CKID: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _JiG.... DATE: JAN. 10 , 2005 PROJECT: CKID BY: OK. SCALE: N.T.S. APPROVED: NORTH SLOUGH SANITARY SEWER TRUNK CITY ENGINEER DATE LEGAL: A PORTION OF SEC, _2~, DWG. No: RW. _.. T.i..N., R..LW., 8.M., ADA COUNTY. IDAHO. SHEET 1 OF L EXHIBIT B-1 EXHIBIT A SANITARY SEWER EASEMENT THIS INDENTURE, effective this II day of January, 2005, by the undersigned ?/nZfi711tJutJr u.e , who maintains a mailing address of /'2.{Pol W. GXPf...PJeeJe an. $1J17l! lBO ~rJdt:5 ,10 8?7/3, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "C[TY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTIONS) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, 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 sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. [T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do 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 interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title 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. ~4ldtif~ , AM,vA61,v& AtD11 f3f!i!.. F Grantor PA-12M/ottNT t--Lt!.., STATE OF IDAHO) ) ss County of Ada ) On this L!'~ay of. ~005, before me ~ A. ~ personally appeared - 'W .]VV~ 1 proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. "',......."",, ~.." c{i. A. /f "" ....... ~.c ....,.... .<l A. '., ~ 0. V .. .. . fI;.t. ;jo: ~ 'rJ"'" .. .. "fF ":0> : Q: l -,-01' Ai? y \ \. - . \- .- . . . . : . .....-. ... - :,. G::: ;. ... PUB\..\ i i , . n .. ..~o ~ ~ v~ _. ._ , 'It ~)>4. ....... '?'- ,:; ..,..... l'E Of \'\) "...... "" ", ""........ My Commission Expires on ~;.6.~t10./ Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-L REQUEST Award of Bid for Black Cat Lift Station to JC Constructors, Inc. 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 rr/( _/ p,lf vJorvtY tlfl,.. <,' J,vr' ( ..J- a ~ ' ~ WI' Contacted: Emoiled: Date: Staff Initials: Phone: Materlols presented at public meetings shall become property of the City of Meridian. CitY of Meridian Public Works Dept. 1 Ii 2005 City Of Meridian Citv Clerk Ofuce " Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/13/2005 Re: Proposed Agenda Item for January 18, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 18 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Lift Station. Four bids were received for this project as summarized below and detailed in the attached spreadsheet: . JC Constructors, Inc Masco, Inc Concrete Placing RSCI $2,565,000.00 $2,749,700.00 $2,769,000.00 $3,215,478.00 . . . The Project consists of construction of a site built, cast-in-place concrete sewage lift station, building, site excavation, shoring, dewatering, yard piping, exposed interior piping, fittings, valving, three(3) dry-pit non-clog centrifugal sewage pumps and related mechanical components, bridge crane, traveling hoists, electrical and HVAC mechanical systems, site improvements, landscaping, fencing, surfacing, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Lift Station with JC Constructors, Inc, Inc for $2,565,000.00 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 e: o :0:; l'Cl - en 0::: :.:i - l'Cl U .x: CJ l'Cl in - CJ CIl '-' e a. :a a. o o c.; Il) o !?! ..- 0 0 o::i (3 f'- >< >< >< "t". en to 0::: ..-- "!. 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"C Q.E co CIl Q) :2 e 0 :2 "C 0::: :2 ~ - co c..u co :::::. co January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-M REQUEST Water Main Easement for Red Robin by Eagle - Faiveiw Investments, Co., LLC 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 ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meelings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo IVED 3 2005 To: Mayor de Weerd & City Council From: Kane Glenn CC: Fife Date: 1/1112005 City Of Meridian City Clerk Office Re: Proposed Agenda Items for 1/18/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/18/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Red Robin bv EaQle-Fairview Investment Co. LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Red Robin by Eagle-Fairview Investment Co, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this to~'h day of '30..'(\ u.~, 20 () ~ between Eagle-Fairview Investment Company. LLC , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right~ofMway across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the rightMof.;.way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXlllBITS A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB .AND TO HOLD, the said easement and rightMof-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. C:\Documents and Settings\Craig Butler\My Documents\Krispy Kreme\Eagle-Fairview\Red Robin\Water Main Easementdoc Easement Page 1 Water Main TIm GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right~ofwway and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such rightwof-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: \/d\VvL :l ~ - Eagle-Fairview Investment Company, LLC Wm. Lincoln Spoor, Managing Member STATE OF NEVADA ) ) ss County of Clark ) On this 10 in day of IJltn UC\ (M , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Wm. Lincoln Spoor, known or identified to me to be a Managing Member of the limited liability company ofEagle~Fairview Investment Company, LLC and the manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~i1rJ;1,L 71.i. .J<~<ll'(- No aryPu'lic for Neva a Residing at: ('D~ b~ r,\li(\\ .S1-'d-e... of [\\(JJ~cth-' My commission expires: lll~1-(f)r SHElm.M. KOGAN NOTARY PUBLIC - STATE OF NEVADA DATE AFPOlN1MENT EXP: 11.Q2-2lQ11 ceRlIACATE NO: 94012fl9.1 C:\Documents and Settings\Craig Butler\My Documents\Krispy Kreme\Eagle-Fairview\Red Robin\Water Main Easement.doc Page 2 Water Main Easement CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on : STATE OF IDAHO, ) : ss. County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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: ( EXHIBIT "A" ~~ -=--'- =-=----'- -=- . l L OJ"':' ,,,,If ~ - . s ..",,,;, -=- '- ==-: --=-"'~ fOUND BOlT 31 9 c.P.&: F. NO. ~2.239S4- N i n. n: l:! z w U III III W z ill ::l lD r ~ ~ w II: ::l UI .( w I!: J t4-~:~-~~-- ---=~-~-~~-:~~ O>S1lIlCt~~_1 1-1--"" '----------- """,,', IHS'nl"'" ln~I""""" I I '- _ _ _ __ _ _ _ __ _ _ - - - -10' EXiSTING PRESSURE IRRIGA lION..... - - -~ -.:~ ...... ...... -~ "- - - - EASE~ENl", INSlR. NO. 103106301_ __ _ _ _ 4 "-';-...c:: ~ , I I <:, " !, n 'I' ~="-:===,,---=== ---===r~-=o:::.:;~ "~~~'i1 N 1 OlS1liIGlm,n.JlItWI I I 11 f- I I I LOT 1 '~1IR EASEllElIT I I 11 g 1:1 I 1llSlll. HO.1DJlll:i<'J!l LOT 2 I I /I ~J I ] 1/ I I : I II I " I I , II EXlSl1NG CiTY Of "'ERIDlAN J I I I I 1/ ~T:ioo~ o.Sl:MENT I I I I 1/ : . i. . . . . . . . . . ---------------------------- ---------~-~--~- ------------J I I _______________ --------------------------I-_L_U_________________ I I I , /I I I I I ) II , j I : 12' EASWENr PER PtAT OFI ../--I' - - --1 I I PARCEL A KRISPY KRD.lE SUBDI\1SION' , /I I , I 10' D:lSlING DRAIN~GE I I I AND UlIUn' EASfJ.lENr I I II I FRO,", PtA r OF lFlEASURE VALID' I I ~" I ! BUSINESS CEN"TER- PHASE 1 ,I I 10' D:lSlING PRESSURE IRRIOAlIOOl--l LII II EASE"'ENT. INSlFl. NO. 103105307 ,I----n ~ \ I I " I) \ \ I , II AR ! I " t1 ~ : P CEL B : r " J I ! J I " l' , LOT 3 I J " , I'? 215' CITY OF" MERIDIAN AND I I " I ,. J. . . ~U~LI~ ~/ll~r: E;ASEMENT BLOCK 1 , , " ~ I I : I ) " I I I I I I " I . l: V ---------------------------------------rtt---------------l I I I I " I, I L...., lllS11l.HO.ll>3lll:i<'J!l ! I II I El<ISllNG an' oF "ERID''''' I r-' I I " SANITARY SEWER EASEMENT --J.. I I I , " , IIlSU~ lOO1054Ca , I, : PARCEL C I I II I - - - - -::..gi~~~----~~:::------:-~~~----------------------U-U--------1 / '" "II .......... '" / 12' EASEUENT PER PtAT OF I I I =--===------ ......... "'" KRISPY KREUE SUBDI\1SlON I I " E. JEWEL STRtEf .... ~ '" , I " ~"", 1111 ------ ~----------- \ \\ ~ ~ :Z ~ [' ~ u o .J m Q <( o It W ...J (} <( w i c; f- g LOT 11, BLOCK 1 TREASURE VALLEY BUSINESS CEN7ER PH. 1 8i SEE PLAT OF" KRISPY KRE;ME SUBDIVISION BOOK aa, PAGES 10167-10169 AND RE;CORD OF" SURVEY No. 66B8 F"OR ADDITIONAL DATA OF" RECORD REVISION BY; CITY OF MERIDIAN EASEMENT ON PARCEL A OF R.O.S. #6688 BRIGGS ENGINEERING, INC. ~ (BRIGGS) SHEET ; 1 OF 1 EASEMENT EXHIBIT ENGINEERS PlANNERS SURVEYORS 1800 W. OVERlAND RO.AJl · BOISE, IDAHO 83705 · (208)344-9700 SHEET DWG DATE; 01/04/05 DPM DWG NO. 41012 SCALE: \41012-EASE-Meridion.OWG N.T.S. These drowings, or ony portion thereof, sholl not be used on ony Project or extensions of this Project except by written ogreement from Briggs Engineering, Inc. EXHIBIT B DESCRIPTION FOR CITY OF MERIDIAN AND PUBLIC UTILITY EASEMENT ON PARCEL A OF R.O.S. 6688 EAGLE-FAIRVIEW INVESTMENT CO. LLC, GRANTOR January 3, 2005 EASEMENT FOR THE CITY OF MERIDIAN AND PUBLIC UTILITIES ACROSS A PORTION OF PARCEL A OF RECORD OF SURVEY NO. 6688, LYING IN THE NE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 25' CITY OF MERIDIAN AND PUBLIC UTILITY EASEMENT - PARCEL A: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 3 NORTH, .RANGE 1 EAST, BOISE MERIDIAN, THENCE S 01008'45" W 502.87 FEET ALONG THE EAST LINE OF SAID SECTION 8 TO A POINT, THENCE N 90000'00" W 298.49 FEET TO THE BEGINNING POINT OF THIS EASEMENT DESCRIPTION; THENCE S 00024'45" W 25.00 FEET TO A POINT; THENCE N 89035'15" W 168.38 FEET TO A POINT; THENCE N 00024'45" E 25.00 FEET TO A POINT; THENCE S 89035'15" E 168,38 FEET TO THE ENDING POINT OF THIS EASEMENT DESCRIPTION; SEE ATIACHED EXHIBIT DRAWING. WAYNE K. BARBER P.L.S.8444 L:\2004\1 0\41 0 12\survey\LEGALS\41 Ol2-UTease3 .des.doc January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-N REQUEST Sanitary Sewer Easement for Sageland Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~,r' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. Memo 1~ LA 1r:"'i~eJ , c1, ;.l l' 1 3 2005 City Of Meridian City Clerk Of-Gee To: Mayor de Weerd & City Council From: Steve O'Brien cc: File Date: 1/1312005 Re: Proposed Agenda Items for 1/18/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/18/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for SaQeland Subdivision. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Sageland Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER EASEMENT TillS lNDENTURE, made this _ day of ,20_between , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: VlHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and VlHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXIDBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, itls successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement EASMT.S\VR MAIN.doc described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: <Q~~~ Pr()sig~D.t ~ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this f 31"i day of JaVl UA.rFy , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared l!n.p.;vttlA M lJfJ...Yb ~6-F ~c;a.y-'V.e~roto~ , mown or i~entified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereu9..1a"~00n4and"ftiJial.eal the day and year fist above written ~I KLM K BARNES I . ~l NOtary Pubiic ~ 1 State of Idaho I~ ~"'~~\~.'"~Nfr"~ ~ ","o--=-~,,-=o;.-;a-~ ~ ~"~"...." '"0' 't: ~ ",. -. ~ ~ ... -"II' ~ ~ .. ...'OTARY". ~ - . \.'" . - ~*: ..... :*= =: : . :; ~ . : : ~ ... PUBLIC .. ~ ~ -.. ..- ~ ~ -II' .- *' ~I.i .~.....!:.tc ~ S M E t "," "1;f~1'\r:~:.,\~ ewer am asemen "I""Um""\\\\;' (SEAL) EASMf.S\VR MAIN.doc GRANTEE: CITY OF .MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 20---, before me, the undersigned, a Notary Public in and for said State, personally appeared TMvfMY 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement EASMT.SWR MAIN.doc EXHmrr "A" ~.~qi 90rD.~ . ..Wqi~~ .c:9n?YJ~l()9~.,.llc~ engineers & surveyors 14(11 S. T~e Avenue Meridian, Idaho 83642 (208) 288...2693 Fax (208) 884...8002 AUGVST 6, 2004 PROPOSED SAGELAND SUBDMSION SEWER EASEMENT A STRIP OF LAND BEING A PORTION OF TIlE SOUTHWEST ~ OF THE SOUTHWEST '.4 OF SECTION 20, T. 3 N., R 1 E, B,M., ADA COUNTY. IDAHO, ANP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SEC;TIONS 19. 20, 29, AND 30 OF T. 3 N.. R. 1 E., a.M.; THENCE S 890$4'22"E FOR A DISTANCE OF 138.45 FEET ALONG THE LINE COMMON TO SAID SECTIONS 20 AND 29, WHICH IS ALSO 1HE CENTERL~ OF VICTORY ROAD; THENCE N OOo2S'38"E FOR A DISTANCE OF 35.00 FEET TO 1'Hij REAL POINT OF UEGINNING; THENCE N 24049'OO"E FOR A DISTANCE OF 145.04 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFr FORAN Me DISTANCE OF 22.06 FEET. SAID CURVE HAVING A RADIUS OF 50.00 FEEt, A CENTRAL ANGLE OF 25017'04". AND ALONG CHORD WHICH BEARS S 41013'20"E FOR A DISTANCE OF 21.89 FEET; THENCE S 24Q49'OO'W FOR A DI8T ANCE OF 127.08 FEET; THENCE N 89034'22'W FOR A DISTANCE OF 21.96 FEET TO THE REAL POINT OF BEGINNING. . PREPARED BY: TODD R. WAITE P.L.S. ~. ....)~ r'"}r 00 u;>(') ~~ II ~ .. ..... ~~ Iii -1 2,1 '& (3 ~ m ::> ~ Ul 0 ~ lei t..;" r- vfl1 V'~ .-...-.-.-.- ~ Z ____ --- .. ---- --..... \:: __._ .. "'.iiii-<!I .~ .--- ..~~ "'" -. "';) '-... $ C1\ -. - -.-.-.,.., _. .to. _. zl:'lo '\> 3 :oo:-~ lilt ----L $...r-~-'-,_-,,~ -..... '-. . ~'''''''''-' \ '-. w ~b lX.~ ~'in tXlf'" ~ ~~ o ~ i~ '3~ u..oc ~l;: ~ ~ ~~~ '60 l::l-~ 5~,!\na~ &ca\lJ~\& ~1!j:::o.WI/I \ \ \\ . \ \ @, \ \ \ \\ ~ \0- m :E x U1 "$ 9' 6(:i '0 ~ '.t ~ 9 I-" ..:. r- 'clt" '$ 0 C'l 0::: E .OO'~fi \ '3 .Q!i,S7,.OO N \ '5 \- ~(!) o~ o..'k i.~ ~~ \ \ r?} ~ <6\ ~\ ,_..-~- \ \ \ ~~ ~,~ $"'" \I)' \ i t t !! " ~ A#~ ~. ztD 'i~J w ""' Q~ci '6 ~/~ ~ r-_W~ z.~m1."l ~8~~ ~ -------- - - ---- - - (NO)j-~ rs&:>O\ . '0 1/10 ? . Bg "" 0::: . ~.~ iN 1;\ '$.... ~6 u ~ .... -- ..........- January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-0 REQUEST Streeflight Agreement for Soda Springs by Todd Campbell Construction 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 ~ 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. Memo To: Mayor de Weerd & City Council From: Karle Glenn 1 3 2005 City Of Meridian City Clel'k Office cc: File Date: 1/13/2005 Re: Proposed Agenda Items for 1ft 8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 118/05 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Streetliqht Agreement for Soda Sprinqs bv Todd Campbell Construction. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Soda Springs by Todd Campbell Construction and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Settlement Bridge #1. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #1 and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for R. Orville Thompson Typical Sewer and Water Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for R. Orville Thompson 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 Todd Campbell Construction pertaining to the street lights in Soda Springs, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: L Todd Campbell Construction has provided 4ea. Single head lOOwatt and 6ea. 150watt street light poles~ concrete pole bases, fixtures, bulbs, and components to the residential development known as Soda Springs in Meridian, Idaho. The parties acknowledge that the 4ea. Single head 100watt and 6ea. 150watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Todd Campbell Construction, 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 Todd Campbell Construction, 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 4ea. Single head lOOwatt and 6ea. 150watt street lights located in Soda Springs in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Todd Campbell Construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGill AGREEMENT Page 1 This AGREEl\1ENT shall be binding on Todd Campbell Construction its heirs, successors and assigns, and the CITY OF :M:ERlDIAN. Dated this day of ,20 CITY OF :rvfERlDIAN, a municipality and Political subdivision of the State ofIdaho By Mayor, DeWeerd ATTEST: William G. Berg, Jr., City Clerk Todd Campbell Construction BY~~ President STATE OF IDAHO, ) County of Ada, ) ss. On this _ day of ,20----, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, STREET LIGHT AGREEMENT Page 2 JR., known to me to be the Mayor and City Clerk of the CITY OF :MERJDIAN, 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 ,) County of ,) ~ On this ('Z day of JAN~~ .20 0 5, before me, the undersigned, a Notary Public in and for said State, personally appeared To'VD L~~ known to me to be the President ofTo"OO CAw...pad)~ C'a",-sWv..c.lu'w', and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. STATE OF ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. SEAL ,"'.......", "",~ Jr-.~L W. c{.'", , ~~ ......... ~1> ~#. ~ ....'" ... 'T~ ~ ~lI!.; ,..;,p~ =~. -. ~Ol'Ab . ~ ~ .. qr \...... :' .. . _._ : tT! : : \~ .: ~ 1ft. \ 1I8 L \ C ! * ; \...,. .. ..- $ ~...,; .., r;....~......y. 0 ....,:; "'" OF IU ~ ~.." '",............ NOTARY PUBLI FOR IDAHO RESIDING AT ~/" ~ ..;::::;:?D :MY COMrvllSSION EXPIRES ,-II ~ 0 q STREET LIGHT AGREE:MENT Page 3 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. s..p REQUEST streetlight Agreement for Settlement Bridge No.1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. City Of Mt;ridian lJity Clerk Office To: Mayor de Weerd & City Council from: Karie Glenn cc: File Date: 1/13/2005 Re: Proposed Agenda Items for if 8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 118105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Soda Sprinqs by Todd Campbell Construction. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Soda Springs by Todd Campbell Construction and authorize the Mayor to sign and City Clerk to attest. ~ 2) Streetliqht Agreement for Settlement Bridqe #1. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #1 and authorize the Mayor to sign and City Clerk to attest. 3) Sanitary Sewer and Water Main Easement for R. Orville Thompson Typical Sewer and Water Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for R. Orville Thompson and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. It Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #1 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development inc has provided 1gea. single head lOOwatt and 2ea. 250watt single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #1 in Meridian, Idaho. The parties acknowledge that the 1gea. single head 1 OOwatt and 2ea. 250watt single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereot: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, 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 1gea. single head 1 OOwatt and 2ea. 250watt single head street lights located in Settlement Bridge #1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Capital Development Ine will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREE1v1ENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF :MERIDIAN. Dated this day of ,20 CITY OF 1v1ERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor, DeWeerd ATTEST: William G. Berg, Jr., City Clerk Capital Development Inc. ATTEST: 12~ e,t~ STREET LIGHT AGREEMENT Page 2 : ss. County of Ada, ) On this _ day of . 20---, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WlLLIAM 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 IDAHO ,) County of Ada ,) ss. On this 10 day of January , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared Ramon Yorgason and David R. Yorgason known to me to be the President and Secretary of Cap ita 1 De vel 0 pm en t. In c .., 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. . '~,.,@ EALDeVONA D. LUKE ., NOTARY PUBLI.C STATE OF IDAHO LJl--U ~ &. ~~ ./ NOTARY PUBLIC FOR IDAHO RESIDING AT Boise, Idaho :MY COMMISSION EXPIRES 08/27 /05 STREET LIGHT AGREEMENT Page 3 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 5-Q REQUEST Sanitary Sewer and Water Easement for R. Orville Thompson 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 ~y-V 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.. To: Mayor de We8rd & City Council From: Karie Glenn (;!ty Of I\leridil.U1 City Clerk Office cc: File Date: 1/13/2005 Re: Proposed Agenda Items for 1ft 8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 118105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetli~ht AQreement for Soda Springs by Todd Campbell Construction. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Soda Springs by Todd Campbell Construction and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Settlement Bridge #1. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #1 and authorize the Mayor to sign and City Clerk to attest. ~ 3) Sanitary Sewer and Water Main Easement for R. Orville Thompson Typical Sewer and Water Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for R. Orville Thompson and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. e Page 1 SANITARY SEWER AND WATER MAIN EASEMENT )( OI'1/i I (~ oY THIS INDENTURE, made this I J- day of vtrrJ, 20 osbetween O~viH~ R Thompson, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easem~nt and right-of-way unto the said Grantee, it's successors and assign.s forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing oth.er maintenance, Grantee shall restore the area of the easement and adjacent property to "that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anytlring placed within the area described in this easemenfthat was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent sbuctures, trees, brush, or perennial shrubs or flowers within the area described for this easenient, which would interfere with the use of said easement, for the pmposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: - )/lYJ l~' t/t7/&~ ~. Thompson, Property Owner I(.Oyvt 'f f<L . STATE OF IDAHO) ) ss County of Ada ) On this 12--- ~'\. day of r, 2005, before me, the undersigned, aN otary Public in and 'for said State, personally peared Orville R Thompson, known or identified to me to be the property owner, that executed the within insbument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. , ",......... \" H f'f .." \ \.. EUO ff. ...... ,.. ~ ......... '< #.... .: .....v .. -. J.. ~ ~~.-. .. ~ ;: . ..j.01' Al(y" ':. : : ~ ::, : .~ -.- : * :: :* c,. ~ . · PUB\.\ - 2 \ ::..10 ., 1o.,p, .:- .... )> ...... ~ .... "..##.-1l'E Of \'Q .......... ...... "" .....fll..al". <i!L~~ NOTARYPUBLI F RIDAHO Residing at: \~A,M 1.e.-:f-rn1 I D Cormnission Expires: "2-/L/-/ Of) GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) ; On this ~ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY" DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: EXHIBIT A j EASEMENT DESCRIPTION FOR R. ORVILLE,It. THOMPSON SEWER AND WATER MAIN EASEMENT An easement for sewer and water main purposes located in the NE l!4 of the SE Y4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE Y4 of the SE Y4 from which an aluminum cap monument marking the southeasterly comer of the SE 'l4 of said Section 18 bears S 0030'32" W a distance of2659.49 feet; Thence S 0030'32" W along the easterly boundary of said NE Y4 of the SE Y4 a distance of 503.34 feet to a point; Thence leaving said easterly boundary S 89032'05" W a distance of 239.70 feet to the POINT OF BEGINNING; Thence S 0027'55" E a distance of22.08 feet to a point; Thence S 89032'05" W a distance of30.00 feet to a point; Thence N 0027'55" W a distance of22.08 feet to a point; Thence N 89032'05" E a distance of30.00 feet to the POINT OF BEGINNING; This parcel contains 0.015 acres (662 sq. ft.) and is subject to any other easements existing or in use. Prepared by: GleIm K. BelUlett, PLS Civil Survey Consultants, Incorporated November 10,2004 /n { EXHIBIT B SEWER AND WA TER MAIN EASEMENT LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 18, TOWNSHIP 3 NORTH. RANCE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. LOCUST GROVE ROAD UTILITY IMPROVEMENTS EASEMENT GRANTOR: ORVILLE R. THOMPSON ADDRESS: 14087 if. HARTFORD DRIVE BOISE, ID 83713 --n 1.1', t: r . l' Ii ~i I' [ ! ~ I' , .~~ I' \. ~ :, 1{ n '1'1 lfd IIi! Iii dl " ,I!!' 'I . I,J" Vir". iL; I'" iii! Id1 1',., 'I- !ifl , I I o I 50 I 100 I SCALE: 200 I 1"::::100' 300 I -'1 ~ ! ~.A r:;'~ID~~.t!~"i~ Jf '1,1'~' "t\ -iJr" ! I,. ,-, ..J '~Z1 ~~:/_!~ ,.~ : t~F\:~ 6,~':tf." '. ~" ~~~:~~;~~~~ij~~../l=:j ., ~... $11184110400 LOCUST GI10VE ~ ORVILLE R. THOI..IPSON 18 17 19 20 January 14, 2005 MERIDIAN CITY COUNCIL MEETING January 18, 2005 APPLICANT Public Works Department - Brad Watson Department Reports ITEM NO. 6-A-l REQUEST Wastewater Facility Plan Update & Sewer Master Plan Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE OEPT: 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: yJf~r:J. ~ l//t ~ ~rjA y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meelings shall become properly of the City of Meridian. Memo ~ . .;s. ~~t:'\ P........J:,~...~r1~. v i ~_, '.-;.~_ .,~ \J;"i ~~~"'~.__ If. "\",,,'(>. ~ ...~ M oU;CTTYOFr4'i.:~C'i _ 4'"...-....:;.i:.---:~ eridiafl ;r-/ \ v. JD.'\HO \" ~ iY. "t' 9,. #' ..~.q ~~ 'ThF..\SU:Ii v_..u.Ji."i """ R 19t1l CEIVED JAN 1 8 2005 City ofMeridim1 City CleTk O.tIic@ To: Mayor De Weerd & City Council From: Brad Watson, P.E. //U CC: File, John Shawcroft, City Clerk Date: 1/18/2005 Re: Wastewater Treatment Facility Plan Update and Sanitary Sewer Master Plan (January 18, 2005 City Council Meeting Agenda Item) Mayor and City Council Members, It is my pleasure (and relief!) to present to you the final City of Meridian Wastewater Treatment Facility Plan Update and Sanitary Sewer Master Plan for your formal approval. We realize a wastewater and sewer plan is not the most interesting or tangible document you might review. However, I believe these plans are perhaps the single most critical planning documents to the continued public health and economic growth of this community. Without the ability to efficiently and economically collect and treat sanitary sewage, a community will undoubtedly stagnate or even deteriorate. These facilities are almost always "hidden", either underground or out of site. The general public will never rank them above pathways, parks, five-lane roads, a new fire truck or even an extra patrol car in terms of importance. However, as our former director, Gary Smith, was fond of saying, ''there won't be enough policemen, firefighters and paramedics to tend to the riot if the citizens can't flush their toilet or take a shower for a few days." The approximately $250,000 agreement with Carollo Engineers to complete the Wastewater Facility Plan Update was approved by Council on July 23,2002. After numerous meetings, debate, lengthy reviews by Engineering and Wastewater staff, and subsequent rewriting by Carollo, the plan was submitted to the Idaho Department of Environmental Quality in January 2004. IDEQ's formal approval letter was issued January 5, 2005. Your Public Works Department put forth a tremendous amount of time and effort to complete this project. I want to particularly note the following: Len Grady and Clint Dolsby, Staff Engineers John Shawcroft, Wastewater Superintendent Dan Higgs, Assistant Superintendent Fred Putzier, Biosolids & Collection System Manager From the desk of... Brad Wabron,P.E. Public WOEks Director Meridian Public Works Deparlmeot 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 wa1soob@meridiancity.org These people, along with other wastewater personnel, continue to provide the engineering & construction expertise and years of on-the-ground operational experience necessary for a . Page 1 . system this size. I also commend the Carollo team, consisting almost entirely of local engineers, for their excellent work (Tim Tekippe - Project Manager, Bill Senko & Stuart Hurley - Project Engineers). We look forward to our continued relationship with them. As you are aware from the last year's budget request, this plan contains the largest and most technologically advanced projects ever contemplated in Meridian. The major portion of the design project is well under way with a projected start date in November or December of this year. A Sanitary Sewer Master Plan update was also completed by JUS Engineers (Phil Krichbaum, PE - Project Manager) as part of our overall wastewater planning effort. This plan is an update to the 1998 master plan that has been in used in evaluating all development applications for the last 6 -7 years. The computer model was turned over to City staff last year. Staff will incorporate the model into the newly implemented GIS system over the next year, with some ongoing technical assistance from JUS Engineers. We appreciate the Mayor's and Council's continued support of our wastewater projects. We continually strive to balance costs, expansion timing, current and future regulations and evolving technology to provide the "besf' wastewater system for Meridian's ratepayers. You make our job easier through your support and we thank you for it. Recommended Council Action: With your approval, I will coordinate with the City Attorney's office to present a resolution to you formally adopting these plans next week. Thank you, ~ . Page 2 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 13 REQUEST Wafer, Sewer and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY fIRE DEPT: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ITD MERIDIAN POST OFFICE: OTHER: ~. '~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. DELINQUENCY FOR TURN OFF SCHEDULED FOR January 19, 2005 CYCLE 1 RECEIVED JAN 1 8 2005 City ofMerldiam City CIetk Q.ffioo MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:00 P.M. Tuesday, January 18, 2005, before the Mayor and City Council, to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on January 19, 2005 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MA YOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $39,383.05 r ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jan 18,2005 04:51pm Current Period: 01/20/2005 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No 0 = (<} 88??oo001 Customer.BiIl Cycle'" 1 Last Pmt Last Pml Cust No Name Balance Non-Delinq 11/2012004 10/20/2004 0912012004 Date Amount 31.57.0017.1 219.50 68.66 68.66 68.66 13.52 24.04.0552.1 ABBEY BEN 80.69 42.81 37.88 12/22/2004 40.00 - 23.02.4990.4 ABDERHALDEN, RICHARD 104.42 50.33 54.09 1210712004 54.09 - 23.02.1930.2 ACUNA, JULIO & 61.72 32.74 28.98 12/10/2004 40.23 - 23.01.3630.1 ADA COUNTY WEED CONTROL 31.35 31.05 .30 11/29/2004 61.80 - 30.74.3602.2 ADAMS, CYNTHIA 114.48 65.29 49.19 1211512004 116.29. 23.01.1810.1 ADAMS, ELMER 67.70 34.92 32.78 11/24/2004 29.66 - 23.02.0428.2 ADLER, JUSTIN 148.16 84.50 63.66 12115/2004 150.76 - 24.04.0934.5 AGUERO, JEREMY 52.12 32.74 19.38 0110312005 82.06 - 30.74.2942.3 AGUERO, JEREMY A 129.62 66.58 63.04 1210612004 106.90 - 35.35.0190.2 AHEARN, THOMA.S 155.36 40.26 72.06 43.04 11/1712004 59.80 - 23.01.1360.1 AKERS, GENEVA 274.12 16321 110.91 1110312004 253.96 - 22.50.0244.1 ALGER, BRENT 97.62 30.66 35.36 31.60 11/1012004 40.00- 37.37.2904.1 ALL AMERICAN CONSTRUCTlm 28.83 21.00 4.46 3.37 24.03.0400.1 ALLEN, JAMES 61.27 35.29 25.98 11/2912004 60.00 - 30.74.2542.2 ALLEN, JIM 105.81 61.61 44.20 11130/2004 60.00 - 35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 79.38 49.12 30.26 12/2312004 45.00 - 30.74.2968.3 ALVAREZ, JOSE 123.40 40.26 42.06 41.08 11/1612004 50.45 - 20.47.1158.2 ALVAREZ, ROSILO & FLORA 45.80 32.74 13.06 11130/2004 34.54 - 23.02.4470.3 AMARO, JERRY 91.60 47.78 43.82 1211412004 55.00 - 23.02.0860.1 ANDERSON, DEAN 127.89 20.39 107.50 0811312004 60.00 - 25.05.0160.1 ANDERSON, GORDON & JUDYT 79.90 39.05 40.85 11/1612004 128.61 - 20.47.1148.2 ANDRUS, MICHAEL & JENNIFER 49.36 28.98 20.38 12/22/2004 38.14 - 25.25.4010.2 ANGSTMAN, T.J. 75.78 36.50 39.28 1210612004 39.28 - 36.68.0310.1 ANJEWIERDEN. PAUL 89.38 46.57 42.81 1210612004 41.83- 22.50.1990.2 ANSON, REBECCA 102.15 80.41 21.74 11/16/2004 157.94 . 35.64.5062.2 ANSON, RICK 108.49 3529 36.11 37.09 11/1612004 53.72 - 24.04.1664.3 ANSON, RICK & REBECCA 113.29 24.01 71.83 17.45 1112312004 100.00 - 46.46.7030.2 APARICIO, FERNANDO 91.18 46.57 44.61 1211612004 45.59 - 25.25.4036.2 ARAGON. ALFREDO & DAWNA 79.54 40.26 39.28 12/0912004 38.30 - 22.50.1626.2 ARNZEN FUNERAl SERVICE, INI 54.58 27.29 2729 1211412004 31.05 - 32.32.4336.1 ASIN HOMES 31.10 21.46 9.64 1211412004 3.48- 36.69.0530.1 ATCHISON, JEFFERY 84.64 39.05 45.59 11/16/2004 56.24 - 30.74.36602 ATHERTON, NOBLE 120.57 42.81 40.03 37.73 10121/2004 72.00 - 23.01.1040.2 AZEVEDO, JOE & HEATHER 172.32 126.74 45.58 1210912004 76.06 - 22.502404.4 BACHMANN,LEVI 97.26 49.12 48.14 1211512004 47.18 - 24.04.1290.3 BACON,THOMA.S & JANIS 97.26 49.12 48.14 1212112004 48.16- 46.46.6320.1 BAGLEY, RICHARD 38.46 30.08 8.38 46.46.7002.2 BAILEY, MICHAEL & AUNDREA 43.98 40.26 3.72 22.51.0290.3 BAILEY, PEGGY 53.85 24.01 29.84 1112412004 32.00 - 23.02.3550.2 BAILEY, PEGGY 98.04 57.85 40.19 01/0312005 42.15 - 22.51.0694.1 BAILEY, PEGGY 202.38 40.26 162.12 1212712004 4124 - 21.48.2000.2 BAKER INVESTMENTS, LLC 41.41 27.99 13.42 12/1412004 100.00 - 32.32.44162 SANDISON, ROMEO 8. AM( 56.52 21.77 28.75 1210612004 27.77 - 23.01.2790.4 BARINSKY, CYNTHIA 37.52 17.70 19.82 2121.9046.1 BARNACK, BILLIE 105.46 15.07 18.83 18.83 52.73 0111912004 15.07 - 23.01.2110.2 BARROET ABENA, PHYLLIS 42.04 21.46 20.58 0111812005 40.00 - 30.74.0016.4 BARRUS, ROl'MN & CORINNA 61.01 36.50 24.51 35.35.0248.2 BAUMGARTNER, JON 8. CLEME~ 72.02 32.74 37.32 1.96 12/2312004 31.32 - 20.46.0258.1 BEAMGUARD, LISA 77.28 42.81 34.47 1111512004 62.93 - ... in IIIlsg column Indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Jan 18, 2005 04:52pm Current Period: 0112012005 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 1112012004 10/2012004 09/2012004 Dale Amount 35.35.0283.3 BEARD, KEVIN & CORRINA 116.17 39.05 38.07 39.05 10/Z7!2004 36.58 . 35.64.2018.3 BEERY, JOHN & BERNICE 47.50 17.70 29.80 11/1612004 32.74. 36.69.0722.1 SENAVlDES, RUBEN 46.12 21.46 24.66 11/1512004 73.48 - 20.46.0836.2 BENNETT, GREG 70.22 36.50 33.72 12/0612004 32.74. 22.51.2622.1 BENTLEY, DONALD 255.26 133.70 121.56 12/2212004 117.80 - 22.51.2623.1 BENTLEY, DONALD .58 .58 12/2212004 9.36- 20.46.0106.2 BERKHEISER, RYAN 54.56 24.01 30.55 12/1412004 30.55 . 30.74.1036.2 BEVINGTON, WILSON 82.99 50.33 32.66 12/27/2004 40.00 . 23.02.0452.1 BIERY, DARA LYNN 85.46 39.05 46.41 1113012004 68.63 . 25.25.9932.2 BILLINGS, RAYMOND & DE LANA 137.75 46.57 45.59 45.59 11/0412004 96.80 . 24.03.03282 BISHOP, JEFFREY 95.84 35.29 60.55 11/1712004 108.89 - 24.03.0308.2 BITTNER, JAMES & PAULINE 88.57 50.33 38.24 12/1412004 50.00 . 23.02.2140.1 BLAIR, WILMA 92.70 28.98 63.72 12/1512004 33.72 - 24.04.1140.2 BLASER, GLENN 89.46 35.29 54.17 11/1712004 74.12 - 23.02.1580.2 BLESSENGER, RONNIE & HAZEL 48.38 36.50 11.88 01/1812005 50.00 - 24.04.0536.8 BOBKO, RAYMOND 116.69 61.61 54.09 .99 11/1612004 110.00 - 23.02.0488.1 BOBKO, RAYMOND 121.80 77.78 44.02 12/15/Z004 50.88 - 22.50.1726.2 BOESIGER, MAX 43.60 28.98 14.62 0110512005 85.00 - 24.04.0862.5 BOESPFUNG, DAN & KATHY" 101.02 52.88 48.14 11/1612004 103.98 - 23.02.1800.2 BOLTON, TERESA 109.54 36.50 73.04 11122/2004 98.74 - 30.30.6050.2 BONNEY, AARON 223.21 27.77 40.69 41.67 113.08 08/2312004 122.66 - 37.75.0120.1 BOONDOCKS FUN CENTER 1,627.43 580.63 677.27 369.53 01/14/2005 630.63 - 20.46.0468.1 BORCHARDT, KEVIN &. TINA 104.42 50.33 54.09 12/1412004 54.09 - 30.74.0660.2 BOSSART-HILL, CANDACE 123.69 10.29 62.09 51.31 10/18/2004 85.70 - 24.03.03722 BOYACK, RANDY & JEANETTE 70.06 32.74 37.32 11/2412004 37.32 - 23.02.3670.4 BRAlNBRIDGE. STEVE 73.36 35.29 38.07 12/2112004 106.69 - 20.46.0300.1 BRANDNER, JAMES 90.21 50.33 39.88 11/1012004 108.84 - 22.50.1988.4 BRANDT, M. & WIEDENHEFT, A. 78.56 36.50 42.06 12/23/2004 44.02 . 25.05.0312.1 BRASFIELD, WILLIJlM B. 140.22 76.65 63.57 12114/2004 76.31 . 22.50.2194.2 BRAUN, STEPHANIE 53.22 25.22 28.00 12/14/2004 60.80 . 25.25.1006.2 BRENNAN, TERRENCE & GAYLE 128.78 65.37 63.41 1111512004 129.63 - 23.01.0800.1 BREWER, SID & SHELLY 116.24 81.54 34.70 12/1512004 64.70. 23.01.3510.4 BRINEGAR. E. E. 77.64 40.26 37.38 12108/2004 50.00 - 23.02.3712.2 BRINEGAR, E.E. 55.45 50.33 5.12 01/1812005 46.00 - 23.02.1290.5 BRINEGAR, E.E. 103.00 32.74 70.26 11/2312004 49.52 - 23.02.1310.5 BRINEGAR, E.E. 154.36 84.09 42.15 28.12 01/1812005 54.09 - 23.02.1650.1 BRINEGAR, f.E. 53.76 23.83 29.93 12/07/2004 SO.OO - 23.02.3692.1 BRINEGAR, E.E. 27.30 26.08 1.22 11/1212004 28.62 - 24.04.1674.1 BRINKERHOFF, JOHN 221.06 118.01 103.05 11/17/Z004 173.37 - 36.69.0574.1 BROWN, JAMES & SHERRY 44.55 42.81 1.74 01/18/2005 45.00 - 37.37.3844.2 BROWN. KATHLEEN 101.65 72.81 28.84 12/1512004 80.00 - 30.74.2586.1 BROWN. SARAH 70.06 32.74 37.32 11130/2004 44.18 - 22.50.0544.2 BROWN. TIM & USA 100.34 56.32 44.02 11/23/2004 44.02 - 24.04.1762.3 BRUNGER, DWAYNE 193.02 46.57 44.61 101.84 1110412004 73.97- 24.03.0388.1 BRUNTON, LESLIE 121.15 39.05 82.10 1113012004 52.82 - 22.50.4008.2 BURNHAM,DARLA 83.30 40.26 43.04 11/1612004 179.10 - 36.65.3162.3 BURNS, E. GALE & ELAlNE 86.39 57.85 28.54 1113012004 61.00 - 36.69.0282.1 BURNS, EVA 83.82 42.81 41.01 12/07/Zoo4 39.05 - 22.51.0298.2 BYE, DEANNA 68.42 32.74 35.68 1211412004 54.70. 22.50.0724.1 C.F.I.INVESTMENTS 74.56 26.90 27.02 20.64 12/2712004 25.00 - 36.65.3136.2 CABRAL, JOE & JAMIE 88.16 50.25 37.91 12/15/2004 83.53 - 35.65.0240.2 CAHOON, CURTIS 49.04 28.98 20.06 10105/2004 96.64 - 35.35.0106.2 CAMPAGNI, DAVlD 88.86 44.02 44.84 01/04/2005 48.60 - 30.30.6116.2 CAPPEL, GEORGE & SALLY 78.92 35.29 43.63 11/29/2004 42.65 - 24.03.0428.4 CARLSON, JOHN & SAM 90.22 40.26 49.96 1111012004 32.51 - - in Msg column indicates no Notice is to be sent ( ( CITY Of MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Jan 18.2005 04:52pm Current Period: 0112012005 No Dalinquem Minimum AmountDelinquenl Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 1112012Q0.4 1012012004 0912012004 Date Amount 35.65.0688.1 CARPENTER, GAIL 72.38 24.01 48.37 12/061:2004 49.35 - 32.32.4404.2 CARRANZA, RODRIGO 67.28 32.74 34.54 12/0212004 33.56 - 24.04.0798.2 CASE, RICHARD 8. DONNA 173.73 39.05 44.61 44.61 45.46 09/2112004 40.46 - 23.02.6850.2 CASE, STEVEN 80.36 36.50 43.86 11/30/Z004 47.42 - 22.50.2108.1 CASELLA, GARY 61.72 32.74 28.98 1113012004 27.02 - 24.03.0850.2 CAST, PETER & VERIONICA 79.08 39.05 40.03 12/1512004 57.17 . 31.31.0215.1 CENTRAL PARK PLAZA SLOG A 8.69 5.44 3.25 22.50.3726.2 CHANDLER. NICKlE 92.34 44.02 46.32 12/1412004 26.00 - 24.03.0070.1 CHANDLER-ZUNDEL, PATRICIA 79.90 42.81 37.09 12/16/2004 41.01 - 23.02.5910.2 CHANEY, BENJAMIN & CRISTY 177.40 32.74 45.00 59.70 39.96 24.03.0098.2 CHAPMAN, PATRrCIA & PATRIC/< 54.86 17.70 37.16 12/06/Z004 39.12 - 32.32.4aB4.2 CHAPPELL, JOHN 142.10 52.74 44.68 44.68 10/1912004 85.24 - 30.74.2850.1 CHEESBROUGH, JAMES G. 85.62 42.81 42.81 12/1412004 86.47 - 29.07.0768.1 CHEESEBROUGH, GREGG 66.44 39.05 47.39 12/14/2004 46.41 - 23.02.6100.1 CHENEY, STEVEN 63.34 32.74 30.60 12/2212004 32.00. 30.74.3676.4 CHENEY, STEVEN 113.24 47.78 34.54 30.92 11/1612004 70.00 - 23.02.4700.2 CHENEY. STEVEN 100.62 36.50 42.06 22.06 12/1512004 50.00 - 30.74.3020.2 CHERRY, DARREL 90.21 65.29 24.92 12/16/Z004 100.00 . 25.25.4737.1 CHERRYWOOD HOA 3.48 3.48 12/1412004 383.72 - 22.50.0500.3 CHESTER,fAYE 59.24 35.38 22.86 01/0412005 40.00 - 23.23.3024.1 CHRmTENSEN,DVVAYNE 105.68 55.30 50.38 01/1112005 100.00 - 22.50.4016.3 CHRISTENSON, TAMI 104.73 39.05 32.35 33.33 11/1612004 72.02 - 37.37.3234.1 CHRISTIAN BROS CONSTRUCTl 65.84 17.70 21.46 26.68 10/1912004 8.36- 22.51.1174.2 CHRISTIANSON, ARTHUR & cor 140.16 30.97 22.59 18.83 67.77 0810312004 64.01 - 22.51.1170.2 CHRISTIANSON, ARTHUR & COf 68.56 15.77 11.31 7.55 33.93 0810312004 30.17 - 22.51.1168.3 CHRISTIANSON, ARTHUR 8. cor 60.09 11.03 7.55 7.55 33.96 06J29/Z004 15.10 - 22.51.1166.3 CHRISTIANSON, ARTHUR & cor 23.32 12.01 11.31 11 (16/2004 7.55 - 30.74.0428.2 CHRISTIANSON, BRAD 102.88 17.70 37.16 38.14 9.88 37.37.5054.1 CHRISTOPHER HAYES 72.14 30.11 22,45 12.30 7.28 22.51.0690.2 CLAY, SANDRA 87.92 28.98 28.96 29.96 11/1612004 57.76 - 25.25.00n,1 CLEAVER, OlIVER 31.36 27.88 3.48 12/0812004 ,45- 25.05.0344.1 CLIFF, DWIGHT 12.87 61.61 11.26 01/1812005 50.00 - 30.74.3238.2 CLONINGER, SHAD 72.09 39.05 33.04 12/1412004 45.00 - 29.07.0892.3 CLUPHF. CHRIS 96.32 40.26 42.06 14.00 1210612004 29.00 - 22.50.4478.1 COLEMAN, MICHAEL R. 54.20 25.22 28.98 11/2912004 28.00 - 35.65.0242.2 COLLINS, MICHEAL 66.68 66.58 .10 12/1312004 98.72 - 22.51.4170.4 COLSON, HOWARD 50.44 25.22 25.22 11/2312004 59.00 - 32.55.1601.1 COMFORT SUITES 3.48 3.48 12/0612004 114.22 - 21.48.2882.1 COMMUNITY PROPERTIES 527.93 294.75 146.67 86.51 10/1912004 150.18 - 32.32.4114.2 CONCANNON, THOMAS JR & L1~ 97.64 71.54 26.10 1213012004 26.10 - 37.37.3008.1 CONCORE 42.92 21.46 21.48 01/0312005 18.97 - 24.04.0888.1 CONNELL, DION 77.38 75.44 1.94 01/0412005 67.76 - 25.05.0518.1 COOK, ROBERT 87.42 42.81 44.61 12/1412004 60.29 - 22.50.2416.2 COOK, SONYA 79.24 31.53 43.63 4.08 01/1812005 200.00 - 24.04.01202 CORONA, JUAN & ROMONA 56.44 51.54 4.90 0111812005 80.00 . 31.52.0040.3 CORYELL, EARL 90.54 28.98 31.76 29.80 11/1612004 81.64 - 24.04.1746.1 COSGROVE, Mf'( 112.84 12.81 40.03 12/1512004 54.73 - 23.02.0390.2 COSTNER. LORETA 67.44 32.74 34.70 1210912004 75.00 - 35.35.0162.2 COVINO, MELODY 83.30 44.02 39.28 1112412004 79.44- 23.02.4400.3 cox, JAY & CAROL 88.40 42.81 45.59 12102/2004 70.49 - 48.60.0030.1 CROCKER BUILDING CO 16.55 7.55 5.52 3.48 48.60.0042.1 CROCKER BUILDING co 9.88 3.48 3.48 2.92 30.74.2336.1 CROWELL, GARY 81.34 40.26 41.08 11/1612004 102.64 . 22.51.3260.1 CRW HOLDINGS LLC 110.40 106.64 3.76 0111812005 105.64 - 30.74.2732.2 CURTIS, TROY 101.56 25.22 39.12 37.22 11118.12004 40.00 - -. in M$.9 column indicates no Notice is to be senl ( CITY OF MERIDIAN Delinquent Account List. council Page: 4 Standard Payment Customers Jan 18, 2005 04:53pm Current Period: 01/2012005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 11/20/2004 10/20/2004 09/20/2004 Date Amount 30.74.2692.2 CUSHMAN, KELLY 104.42 50.33 54.09 12/14/2004 57.03 - 23.02.0910.1 DAILEY, DON 41.44 40.26 1.18 12/23/2004 35.42 - 23.01.3780.1 DAIRY FARMERS OF AMERICA 1,615.00 862.02 752.98 11130/2004 1,098.90 - 24.03.0872.1 DALLMANN, DAVID 50.44 21.46 28.98 12/14/2004 71.58 . 24.03.0874.2 DAVENPORT, ERIC 109.06 9.46 33.56 31.60 34.44 09/14/2004 68.88 - 24.03.0078.2 DAVIS, LORAN & SHANNON 73.21 39.05 34.16 01/0712005 75.00 - 23.02.0908.2 DAVIS, MARGARET 79.54 40.26 39.28 12/14/2004 79.44- 22.50.0266.6 DAWSON, CAROL 125.58 51.46 68.14 5.98 12/21/2004 150.00. 30.74.3714.2 DEGRANGE, CHARLEY & BENTl 114.52 14.54 31.16 68.82 09/13/2004 46.66 - 37.n.0132.1 DEL BRADLEY STINE 84.64 46.57 38.07 12/1412004 38.25 - 23.02.1610.1 DESILET, DENICE 29.66 28.96 .88 12/23/2004 57.00. 30.30.6142.2 DILECCE, COSiMa 35.40 17.70 17.70 11/1812004 53.88 - 35.65.0416.2 DILECCE, JOE & TERESA 74.34 35.29 39.05 11/1812004 38.07 - 23.02.5840.2 OJ INVESTMENTS INC 85.10 44.02 41.08 11/1612004 6.00- 37.37.5058.1 D-JAY CONSTRUCTION 49.n 32.74 16.98 12/2112004 19.52 - 24.04.1166.3 DONALDSON, NEAL 99.24 66.50 32.74 12/1512004 60.96 - 30.74.1062.1 DOTY, PAULINE & RON 87.68 43.84 43.84 12/2312004 44.82 - 30.30.5014.2 DREWES, ZINA 82.30 44.02 38.28 0111312005 42.06 - 24.04.1312.2 DRIPPS, NICHOLE 95.10 54.09 41.01 11124/2004 41.01 - 32.32.4912.3 DRUCE, RICHARD & SYBIL 83.66 39.05 44.61 12/2112004 42.65 - 24.04.2282.1 DRURY, PATRICK 131.48 50.33 81.15 12/15/2004 52.75 - 30.74.3042.1 DUNKLE, GARY 94.54 50.33 44.21 11124/2004 45.59 - 22.50.3810.1 DUNN, ANDREW 61.n 28.98 32.74 12/0612004 31.76 - 24.04.1958.1 DUPLEX, KENNETH & DONNA 150.47 61.61 84.09 4.77 12/21/2004 65.00 - 23.02.0426.3 DURON, DAVID & ELIZABETH 75.61 36.50 39.11 12/07/2004 51.87 - 24.04.0886.1 DUVALL, DEBORAH 63.63 31.53 32.10 11/23/2004 70.00 - 23.02.5010.1 EARLEY, GEORGE 56.98 28.98 28.00 01/12/2005 29.96 - 25.05.0172.1 EARNHART,KATHLEEN 86.44 42.81 43.63 11/16/2004 130.85 - 30.74.3784.1 EBBERS, MARIE 31.73 31.53 .20 12/2312004 56.32 - 23.02.4780.1 ECKROTH, JOSEPH 38.92 38.87 .05 12/14/2004 40.62 . 21.48.1633.1 EDDY'S BAKERY .52 .52 01/18/2005 3.48- 34.34.6230.1 EDENBROOK 89.88 44.02 32.74 13.12 10/2712004 3.48- 23.02.4320.3 EDGEMON. LOREN 116.16 59.06 57.10 11/1812004 64.94 . 30.74.3678.2 EDWARDS,DEARLW 86.11 42.81 43.30 12/0712004 85.00 . 23.02.2734.1 EDWARDS, MICHAEL A 80.52 40.26 40.26 12/1412004 54.96 . 36.69.2262.2 ELD, LARRY II 106.84 55.30 51.54 1113012004 57.42 . 30.74.2368.1 ELDRED, FLOYD 77.63 39.05 37.09 1.69 12/0112004 60.00 - 37.72.0101.1 ELK RUN HOMEOWNERS ASSOl 316.30 9.36 72.08 234.88 09/22/2004 54.44 - 23.02.6510.2 EMMONS, CYNTHIA 229.34 44.02 45.82 45.82 93.68 01/0412005 70.82 - 23.02.1940.1 EPLEY, RITA 73.98 36.50 37.48 11/2312004 35.52 - 22.50.1238.2 ERHART, MILT 98.92 24.94 36.50 37.48 10/1912004 127.82 - 22.50.1230.2 ERHART, MILTON 74.06 54.19 19.87 11/18/2004 15.42 - 30.74.3796.2 ESPEY, MATTHEW & ANDREA 76.14 31.53 44.61 0111812005 40.00 - 23.02.2430.2 ETIENNE, LUCRETIA 52.86 25.04 27.82 12/1412004 22.92 - 25.25.0052.1 EVANS, HILLERI 73.20 31.53 41.67 11/1512004 87.13 - 35.35.1218.2 EVANS, JAMES 52.42 50.33 2.09 12/2812004 50.20 - 30.74.2688.1 EVANS, STEVEN & KRISITE 120.82 47.78 73.04 11/29/2004 72.64 - 23.02.2060.1 FARMER, SCOTT 128.04 76.57 51.47 12/15/2004 55.39 - 23.022450.1 FARRELL, MICHAEL 86.08 40.26 45.82 11/16/2004 97.42 - 22.50.4812.2 FARROW, GREGORY & CAROL'" 62.22 11.82 50.40 01/12/2005 54.32 - 22.50.0260.7 FIELDSTAD, CHRISTY 80.25 32.74 42.06 5.45 11/0412004 83.47 . 30.742568.2 FINLEY, JEFFREY 123.84 47.78 27.34 32.24 16.48 10/0812004 130.72 - 22.51.3990.1 FISHER, DANNY W 63.82 32.74 31.08 12/2112004 31.00 . 32.32.4964.2 FITZGERALD, RYAN & CATHERII 55.02 25.22 29.80 1113012004 27.04 - 30.74.3354.1 FLOREZ, BARRY 69.60 35.29 34.31 12/1412004 68.49 - -- in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jan 18,2005 04:54pm Current Period: 01120/2005 No Delinquent Minimum AmounlDelinquent Balance Last Pm! Las! Pm! Cust No Name Balance Non-Delinq 11/2012004 10120/2004 09120/2004 Dale Amount 29.07.0878.2 FOLWELL, RITA 73.00 35.11 37.89 12106/2004 50.07 - 36.69.0738.1 FORGY, MICHAEL 108.02 54.09 53.93 1211512004 88.83 - 25.05.0438.1 FORRESTER,VANDYE 138.18 54.09 84.09 11/1712004 136.47. 30.30.6212.2 FOSTER, PAMELA 138.57 50.33 45.59 42.65 11/08/2004 87.98. 22.50.3712.2 FRANCISCO C. MATHEOUS 45.56 45.56 11/1512004 53.40 . 22.51.3078.3 FREEMAN, NICOLE 64.52 64.40 .12 12115/2004 91.42 - 23.02.4930.4 FREEMAN, SARAH 81.81 42.81 39.00 12/17/2004 44.00 . 24.04.1708.2 FREINWALD, CLAY JR 121.92 36.50 39.28 46.14 11/17/2004 67.60 - 20.46.0240.2 FRENCH, KATHY & MILES, WILLI 149.55 50.33 49.67 49.55 11/1612004 53.00 - 22.50.3754.1 FRENCH, LAWRENCE 222.30 51.54 76.52 92.24 11/0212004 89.20 - 32.32.4406.2 FRESHWATER, MICHELLE 95.91 24.01 24.01 23.03 24.86 09/17/2004 23.88 - 22.50.1232.2 FRONCONE, JOSHUA 121.24 30.66 60.76 29.80 11/1712004 71.16 - 24.04.1454.1 FUENTES,CHRYSTLE 132.85 39.05 44.45 49.35 11/1612004 52.16. 35.64.0040.2 FULMER, TRAVIS & CARRIE 91.18 42.81 48.37 11/2412004 48.37 - 30.74.0362.1 GALLAS, PAUL 147.54 89.14 58.40 12/1512004 61 .34 - 37.72.0200.1 GALLOWAY, KARL & NONA 100.66 54.09 46.57 1211512004 49.51 - 25.25.9882.2 GARCIA, JOSEFINA 172.40 32.74 69.12 43.04 27.50 20.46.0116.1 GARIBOVlC, KASIM 103.75 31.53 36.11 36.11 10/2612004 37.94. 22.50.0132.2 GARIDEL, TROY 80.56 43.90 36.66 1112412004 65.38 - 30.30.5036.2 GARLAND, RUTH & M.L 20.18 17.70 2.48 25.25.9904.2 GARVIN, MATTHEW 147.79 55.30 45.98 46.51 01/03/2005 45.98 - 30.74.2562.2 GARZA, FREDDIE 93.14 50.33 42.61 11130/2004 44.77 - 30.74.3076.2 GENTSCH, NOREEN 83.35 76.65 6.70 0111212005 75.00 - 30.30.6042.2 GLASS, ANNETTE 52.31 28.98 23.33 1211412004 60.00 - 35.65.0628.2 GLENN, ANTHONY 69.24 28.96 40.26 1211412004 36.30 - 23.01.0150.2 GOLDEN, LEROY 71.74 17.70 27.02 27.02 11/1612004 55.60 - 23.01.2390.2 GONZALEZ, HARVEY 111.50 36.50 75.00 12/1512004 81.86 - 23.02.1260.3 GOODWIN, JAMES & TAMARA 32.76 32.74 .04 01103/2005 62 .02 - 30.30.6010.2 GOULD, TRAVIS & AMANDA 108.10 39.05 69.05 11/1712004 113.95 - 22.50.3908.1 GRAHAM, JOHN & KATHLEEN 56.56 28.98 27.58 01/1612005 50.00 - 24.04.1146.2 GREEN LANCE & GLORIA 75.26 40.26 35.00 1212112004 38.00 - 24.04.1206.1 GREEN, KEVIN 95.35 65.29 30.06 1211512004 85.00 - 20.46.0190.1 GRIST, JIM'dIE 86.44 39.05 47.39 11/1612004 101.51 - 24.04.2276.2 GROAT, DARLA 253.17 253.17 04/1612004 102.68 - 35.65.0312.2 GROENE, TROY 59.08 28.98 30.10 12109/2004 30.00 - 30.74.3176.3 GRaSSL, EDNA 70.96 61.61 9.35 01/0412005 70.00 . 23.02.4290.1 GROSSO, SHADOW 80.44 55.22 25.22 12115/2004 56.32 . 24.03.0034.1 GROUND, JENNIFER 122.77 42.81 40.03 39.93 11130/2004 40.00. 46.46.7034.1 GUARANTEED QUAlLlTY HOME! 106.65 32.74 26.98 25.22 19.71 32.32.4134.1 GUARANTEED QUALITY HOMES 60.96 17.70 17.70 19.16 6.40 37.37.3324.1 GUARANTEED QUALITY HOMES 32.66 21.46 7.72 3.48 46.17.0213.1 GUARANTEED QUALITY HOMES 6.90 4.46 2.44 37.37.5030.1 GUARANTEED QUALITY HOMES 41.39 17.70 17.66 3.48 2.55 46.17.0415.1 GUARANTEED QUALITY HOMES 18.06 14.58 3.48 30.74.2382.4 GULL, SCOTT 103.14 60.40 42.74 12/1412004 61.38 - 22.50.2378.1 GUTHMILLER, BRIAN A 166.46 36.50 129.96 11/1612004 200.00 - 24.04.1620.7 GUYMON, GREG & ALISON 102.00 28.98 41.40 31.62 11/17/2004 100.00 - 33.33.0004.1 H A ANDERSEN 36.02 4.46 9.36 8.36 13.82 01/1812005 31.56 . 22.50.0286.1 HACKNEY, KATIE 96.14 62.74 33.40 12115/2004 76.00 . 30.74.2760.2 HAGAN, CHRISTOPHER & AMAN 85.78 39.05 46.73 1113012004 51.63 . 37.72.0186.2 HAISLIP, SUZY 108.92 39.05 39.87 30.00 11/1612004 144.41 . 37.37.3812.2 HALE, GARY 98.70 50.33 48.37 11/1612004 48.37 - 24.04.1296.3 HALES, SCOTT & AMANDA 142.76 54.09 88.67 12/1412004 59.65 . 23.02.3360.2 HALL, TIMOTHY & DEBRA 72.84 32.74 40.10 11/1512004 147.72 - 24.04.1320.4 HANCE, JOHN & SARA 53.84 45.36 8.48 12/06/2004 40.00 - -. in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account Ust- council Page: 6 Standard Payment Customers Jan 18,2005 04:54pm Current Period: 0112012005 No Delinquent Minimum AmounlDelinquent Balance Lasl Pml Last Pml Cusl No Name Balance Non-Delinq 1112012004 1012012004 0912012004 Date Amount 20.47.0002.3 HANNUM, ELLEN & PAUL 88.40 42.81 45.59 11124/2004 93.01 - 30.74.3342.2 HANSARD, DONALD 8. CARMEN 79.54 36.50 43.04 12/1612004 46.19 - 24.04.1224.2 HANSARD, DONAlD 8. CARMEN 45.58 36.50 9.08 10/1812004 118.86 - 30.74.2662.1 HANSEN, DAVID 120.82 47.78 73.04 12/2812004 92.64 - 35.65.0336.3 HANSON,BRENT 54.05 50.33 3.72 20.46.0138.3 HARADA, J~ES 133.99 42.81 45.59 45.59 11/1012004 45.46 - 35.35.3036.1 HARDING, MARY 71.90 21.46 25.22 25.22 11/10/2004 32.64 - 24.04.0512.3 HARRIS, KATHY 113.66 69.05 44.61 12/15/2004 86.39 . 36.69.1318.1 HAUN, CORY 80.88 42.81 38.07 12/14/2004 62.57 - 24.04.1887.1 HAVEN COVE HOMEOWNERS A 3.48 3.48 1210812004 46.60 - 22.50.2372.5 HAYCOCK,VANESSA 82.91 39.05 43.86 12/1412004 118.60 - 22.50.2036.2 HAYHURST, D. 8. KIMBRELL, M. 55.84 17.70 38.14 01/11/2005 17.98 - 24.04.1212.1 HAYLETT, MIKE 120.21 80.41 39.80 0110412005 59.65 - 24.03.9751.1 HAZ TEC - SPRINKLER 3,48 3,48 1112412004 21.12 - 20.47.1002.2 HEATTER, CHRISTIE 100.27 57.85 42,42 11/2412004 40.00 - 36.69.0388.1 HEEB,ROBERT 38.72 36.50 2.22 1210912004 31.60 - 23.01.2420.1 HENDRICKS, BARBARA 68.26 32.74 35.52 01/0412005 37.48 - 23.02.2250.5 HENEY, TIMOTHY & JOANN 56.32 36.50 19.82 25.05.0220.1 HESSING, WILLIAM 207.96 89.14 118.82 12/1512004 131.56 - 22.50.0592.2 HIEB, JOHNN 75.38 26.90 24.24 24.24 10/19/2004 96.56 - 22.51.3580.1 HIGGINBOTH~, RON 132.26 51.54 80.72 11/1712004 197.38 - 36.68.0290.3 HIGGINS, MICHAEL 8. KRISTEN 63.96 50.33 13.63 22.50.4594.3 HINSHAW, TONY & KATHY 47.31 22.16 25.15 01/1812005 17.70 - 30.30.6032.2 HINSZ, LYNETTE 56.80 28,98 27.82 12/1312004 30.00 . 29.07.1096.2 HISLOP, TOM & HATCHER, PENf 66,46 32.74 33.72 12/1412004 52.74 - 22.50.4810.2 HIX, MICHAEL 54.92 28.98 25.94 12/1412004 50.00 - 35.35.0221.2 HOALST, JODI 143.74 57.85 85.89 11117/2004 164.57 - 22.50.3710.1 HODOR, LARRY 76.76 36.50 40.26 12116/2004 45.16. 35.65.0630.2 HOFFERBER,EDWARD 42.82 42.81 .01 12/1412004 77.97- 24.04.1792.2 HOHENSHEL T, JOAN 115.97 57.85 58.12 12/1412004 100.00 . 30.74.1014.3 HOLLOWAY, JERALD K 117.02 36.50 39.28 41.24 1113012004 41.14. 24.03.0272,4 HOLMES, MICHAEL & LAURIE 91.34 50.33 41.01 12/0612004 41.99 . 22.50.3840.1 HOLZHEIMER, /Wi'( 69.24 32.74 36.50 12/1412004 37.48 - 22.50.0680.1 HOOVER, L YND M 72.72 36.38 36.34 12/2912004 36.34 . 22.50.0678.1 HOOVER, L YND M 164.62 121.81 42.81 12/2912004 42.81 - 30.30.6096.2 HOPPE MIYAKE, BRENDA 72.38 35.29 37.09 12/1412004 75.03 - 30.30.6128.2 HOUDE, RICHARD & CATHRYN 61.24 32.74 28.50 0110412005 40.00 - 36.69.1276.2 HOWARD, DONALD & CAROLYN 95.68 95.68 0412112004 35.32 - 35.65.0704.2 HUBBARD, SCOTT 8. ERICA 47.82 40.26 7.56 12/22/2004 37.38 - 35.65,0708.1 HUDDLESTON, CODY 156.82 57.85 98.97 1111712004 178.33 - 30.74.3436.2 HUMPHREYS, JASON & CHRISTI 64.34 17.70 46.64 12/1412004 80.02 - 22.51.0714.2 HUMPHREYS, JOHN 81.26 25.22 28.98 27.06 1112912004 80.00 - 37.37.5034.2 HUNNICUTT, TERRY 66.41 17.70 37.16 11.55 32.32.4902.2 HUNTLEY, TERRIE 67.69 59.05 8.64 12/0712004 59.78 - 36.69.0926,2 HUNTTING, DENNIS 8. RANAE 1,278.00 44.02 46.96 94.00 1,093.02 12/1712004 94.00 - 24.04.1914.4 HYDE, JOHN 169.48 84.17 85.31 12/1412004 95.11 - 25.25.4024.2 HYMAS, AARON 78.56 47.78 30.78 12/1412004 31.76 - 29.07.1064.1 HYMAS,ARRON 145.62 72.81 72.81 12/1512004 69.05 - 20.46.0808.1 IBARRA, EDELIA C 69.24 32.74 36.50 1113012004 34.54 - 24.03.4001.1 INTERSTATE BATTERY 4.06 .58 3.48 10/1912004 91.68 - 23.02.0444.1 IRISH, STACIE 63.29 31.53 31.76 12/1312004 82.04 - 31.52.0700.1 JABIL CIRCUIT 33.80 22.55 1125 0110712005 22.55 - 23.02.5820.1 JACKSON, ROBERT 34.44 28.98 5.46 0110312005 31.00 - 35.65.0648.3 JACKSON, TIMOTHY & TINA 75.02 17.70 38.14 19.18 36.68.0046.1 JACOBSEN, JASON & LIANNA 108.15 8529 22.86 12/2312004 40.00 - - in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Jan 18,2005 04:54pm Current Period: 01/2012005 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Lasl Pml Cust No Name Balance Non-Delinq 11/20/2004 10/2012004 09120/2004 Date Amount 35.65.0666.2 JAMESON, BRETT 61.10 27.77 33.33 11/1212004 66.53 - 22.51.0302.7 JEPSON, MIKE & JAMIE 121.60 40.26 36.50 37.48 7.36 10/21/2004 70.00. 32.32.4052.2 JEREMIAH PROPERTIES 77.58 36.50 41.08 1210612004 43.04 - 20.46.0252.4 JOHANSEN, DALE & JANICE 78.56 36.50 42.06 01/0312005 42.60 - 30.74.3642.2 JOHNSON, KEVIN 106.39 57.85 48.54 1212212004 50.00 - 23.01.2710.2 JOHNSON, MARC 139.50 36.50 66.50 36.50 11/17/2004 93.38 - 29.07.0886.3 JOHNSON, ROGER,. HOLLY 65.68 27.77 37.91 11/1612004 107.65 - 22.50.4562.1 JOHNSON, STEVEN,. CAROL 100.34 52.56 47.78 12110/2004 44.84 - 37.37.3504.1 JOHNSON,TROY" MELISSA 47.66 46.57 1.11 1211412004 90.07 - 30.30.60242 JOKl, SARAH 57.96 28.98 28.98 11/2312004 28.98 - 22.51.4290.1 JONES. BRET 183.98 105.70 78.28 01/03/2005 34.94 - 20.47.1036.2 JONES, FAROl 117.42 72.81 44.61 12115/2004 77.94 - 24.04.1138.2 JONES, NATHAN & SARAH 88.37 31.53 30.55 26.29 11/16/2004 100.00 - 22.50.2354.1 JONES, OWEN 61.55 35.29 26.26 01104/2005 27.93 - 35.35.5029.3 JONES, TRUDY A. 87.82 25.22 49.42 13.18 22.50.2418.2 JONES, WES ,. CINDY 90.66 36.50 54.16 1211512004 66.12 - 24.03.0828.2 JONES, WESLEY & CYNTHIA 109.79 35.29 35.29 39.21 10/14/2004 72.28 - 23.01.0940.8 JOSLEYN, WAYNE & ELIZABETH 69.24 32.74 36.50 12114/2004 60.02 - 23.01.2720.2 JOY, JENNIFER 99.47 28.98 42.06 28.43 12121/2004 20.00 - 20.46.0840.4 JUDY, VICTOR 59.99 27.77 31.53 .69 11/24/2004 107.00 - 35.35.0268.3 KAlIDINDI, VASA PRASAD & SUF 54.60 50.33 4.27 01/03/2005 44.00 . 23.01.4501.1 KAlLENBERGER, TANYA & LYLE 3.48 3.48 1111212004 15.38 - 35.35.0391.2 KEENEY, DARYL 81.86 39.05 42.81 11/23/2004 41.83 - 24.03.00242 KEENEY, DOlAN 42.06 36.50 5.56 01/1812005 36.50 - 30.74.3788.2 KEENEY, DOlAN & ELIZABETH 47.62 40.26 7.36 01/1812005 40.26- 46.17.0805.1 KELLY STOVER CONSTRUCTIOI 82.10 40.26 37.36 4.46 35.35.7924.1 KEY BANK 169.84 97.42 72.42 1210612004 71.76 - 24.04.1250.3 KlDWA!, LAURA 72.84 32.74 40.10 11/23/2004 40.10 - 23.02.0464.2 KLEIN, RANDY & LINDA 81.11 39.05 42.06 1111512004 116.76 - 22.51.3570.4 KNOX, JERRY & NORMA 452.02 47.78 61.68 59.72 282.84 07119/2004 50.00 - 30.74.3962.2 KOCH, JOSEPH & VILMA 9326 47.77 40.69 4.80 11/1012004 34.32 - 36.69.0498.1 KOELLING, CRAIG 96.90 50.33 46.57 11130/2004 48.53 - 30.30.6242.2 KOlliNG, MATT 29.08 28.98 .10 11130/2004 38.14 - 25.25.0106.2 KRELLER, KATHLEEN M 63.88 27.77 36.11 1211512004 40.03 - 37.72.0152.2 KUBENA, LOIS 112.92 65.37 47.55 1111612004 60.29 - 35.65.0398.1 KUBENA, TED 65.86 17.70 29.80 18.38 11101/2004 89.55 - 30.74.2838.1 KUESTER, SPENCER 76.14 39.05 37.09 12107/2004 39.05 - 20.46.0368.2 KUPER, GREG 79.08 39.05 40.03 11/23/2004 76.95 - 22.50.1750.1 LACY, MEL 127.51 31.53 63.33 32.65 1111712004 71.00 - 23.01.1950.2 LADD, RONALD,. MILDRED 112.81 44.02 68.79 01/10/2005 50.88 - 37.372964.2 LAKATOS, JOSHEPH & LORA 103.44 54.09 49.35 11/1812004 98.57 - 29.07.0260.1 ~8S0N,MARSHALL 100.04 49.12 50.92 11130/2004 62.70 - 35.35.01522 lANDES, ROGER" PAMELA 125.17 65.37 59.80 1113012004 60.00 - 22.50.4268.2 lANHAM, PATRICE 175.21 SO.33 80.33 44.55 11117/2004 55.00 - 23.01.0890.1 lANTZ, STAN 25.23 2522 .01 1212312004 30.75 - 23.02.4490.2 LARSON, LEIF 51.48 47.78 3.70 12/2812004 50.00 - 35.65.0260.2 lARSON, WADE & LAURI 137.70 45.36 49.12 43.22 1111712004 100.00 - 22.50.0520.2 LAURICElLA, CARL & LAURIE 78.60 42.10 36.50 12/14/2004 71.92 - 35.35.0401.3 LAVARELLO, MIGUEL & BRANDI 82.84 42.81 40.03 12114/2004 77.97 - 2220.0090.2 LC DEVELOPMENT LLC 37.52 17.70 19.82 25.25.9920.2 LEON, DANA 49.15 49.12 .03 1212212004 43.01 - 23.02.2608.1 LEONARD, KATHLEEN 62.86 28.98 33.88 11J2312004 48.58 - 30.30.6052.2 LEWIS, JEFF 72.84 32.74 40.10 12/1312004 60.68 - 37.72.0208.1 LEWIS, PHILLIP 68.62 31.53 37.09 1210812004 56.69 - 23.01.3250.2 LIDDELL, JOSH & SARA 151.08 89.06 62.02 12/1512004 98.14 - - in Msg column indicales no Notice is 10 be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Jan 18, 2005 04:55pm Current Period: 0112012005 No Delinquent Minimum Amoun1Delinquenl Balance Last Pm1 Last Pml CustNo Name Balance Non-Delinq 11/2012004 10/20/2004 09/20/2004 Dale Amount 23.02.5050.3 LIDDELL, JOSH & SARA 69.60 24.01 45.59 11/17/2004 106.73 - 24.03.0386.2 LIGHTFOOT, lANCE S. 65.84 28.98 36.86 12/29/2004 100.00 - 29.07.0772.2 LINCOLN, CHARLES 98.24 41.60 56.64 12/2312004 31.16 - 22.50.4280.2 LOPEZ. RAY 64.00 61.61 2.39 12/2712004 62.00 - 23.02.6110.2 LOVAN, RICHARD & LAREE 75.78 40.26 35.52 1212812004 39.44 - 37.72.0228.1 LOWERY, WILLIAM 115.26 20.25 43.47 51.54 10/2712004 67.22 - 37.37.3990.2 LOWMAN, VALKYGIE 56.68 55.30 1.38 12/13/2004 50.00 - 30.74.3624.3 LUTHY, BRITTENY 83.66 39.05 44.61 12/10/2004 46.51 - 22.50.0140.2 LYNN, DEE R 103.92 58.28 45.64 12/09/2004 46.00 - 20.47.1246.2 MACE, JM1ES 130.40 32.74 34.54 63.12 10/20/2004 125.00 - 36.69.1556.1 MACE, JEFFREY & BERLENE 223.53 219.53 4.00 01/11/2005 75.00 - 23.02.4480.1 MADRID, JOSEPH F 73.36 35.29 36.07 11/29/2004 161.59- 23.01.3350.1 MADSEN, LOU 75.00 58.98 15.02 12/17/2004 80.00 - 22.50.2336.1 MAGNUSON, ERIC 113.39 35.29 39.05 39.05 10(19/2004 122.54 - 35.35.1004.2 MAHALISKO, MIKE 80.73 39.05 41.68 12/1412004 41.00 - 22.50.1676.4 MAHATHY, ANTHONY 113.23 31.53 38.89 42.81 10/19/2004 39.74 - 34.34.6218.1 MALLON CONSTRUCTION 12.47 8.99 3.48 30.74.3618.3 MALOY, JM1ES & HARKINS, ROt 152.77 24.01 88.89 39.87 11/17/2004 88.30 - 23.02.1510.1 MANWARING, MARK 56.38 28.98 27.40 01/10(2005 40.00 - 24.03.0056.2 MARCHANT, KIMBERLY 68.62 35.29 33.33 12/1412004 73.39 - 24.03.0806.4 MARCUM, CARL & JULIE 82.51 39.05 40.10 3.36 01/04/2005 40.00 - 23.02.2300.3 MARINO, JERALD & LAURA ANN 51.72 28.98 32.74 11/1512004 63.42 - 24.03.0274.3 MARTIN, BILL & DEANA 71.71 70.33 1.38 12/02/2004 96.06 - 23.02.2520.3 MARTIN, CRAIG 106.56 53.18 51.04 2.34 01/0412005 30.00 - 30.30.6348.2 MARTINEZ, BRIAN & PARK, SARJ 77.14 35.29 41.85 1212312004 45.00 - 22.50.2424.1 MARTS, DEBI 60.74 28.98 31.76 12/16/2004 30.78 - 23.02.2280.1 MASLEN, JENNY 70.22 32.74 37.48 1210712004 77.80- 36.69.0216.2 MAUGHAN, MARIONE & TRENT: 80.88 46.57 34.31 1111612004 35.29 - 30.74.2902.4 MCBAlNE, DONALD 119.38 76.57 42.81 12/1512004 87.45 - 32.32.4606.1 MCCAlliSTER, GARY 37.39 15.21 13.63 8.55 22.50.3728.2 MCCOLLUM, SHAYNA 114.44 47.78 66.66 11/17/2004 123.88 - 23.01.1350.1 MCCONNELL, BILL 64.50 32.74 31.76 11/10/2004 32.74 - 23.23.3494.2 MCCOY, MARGI 71.43 35.29 35.29 .85 12/1412004 35.29 - 24.04.1880.1 MCCUE, DENNIS & RHONDA 80.88 39.05 41.83 12/01/2004 97.25 - 23.01.0170.2 MCCURDY, NATHAN 115.19 31.53 69.87 13.79 11/18/2004 80.52 - 37.37.2948.2 MCDANIEL, MARTIN & LOIS 76.14 3529 40.85 12/1312004 41.83 - 24.04.1698.1 MCDONALD, TONY & TRUDY 132.46 46.57 85.89 11/1712004 114.59 - 23.01.0090.2 MCFADDEN, ClEORA 86.60 46.57 40.03 11/1612004 94.63 - 23.02.3660.2 MCFADDEN. CLEORA 62.32 36.50 45.82 1112412004 49.74 - 23.01.0080.1 MCFADDEN, ClEORA 77.44 31.53 45.91 11/2412004 91.69 - 22.50.0400.3 MCFADDEN, CLEORA 75.98 41.60 34.38 11124f2004 83.36 - 36.69.1080.4 MCFARlAND, ERIC & WENDY 78.10 39.05 39.05 12/1512004 36.11 - 30.74.3106.2 MCGUIRE, JOSEFH AND SARAH 78.56 40.26 36.30 12/14/2004 40.00 - 22.51.3242.2 MCKAGUE, RANDY 55.84 17.70 38.14 11/18f2004 10.79 - 20.46.0558.2 MCKNIGHT, DANIEL 102.02 32.74 69.28 11/17/2004 110.42 - 23.02.2050.2 MCMURDIE, PAUL & SHAN ELL 60.26 40.26 20.00 01(1412005 35.84 - 23.02.4500.1 MCNETT, DARREN 83.30 40.26 43.04 12/1012004 45.98 - 36.36.1014.2 MCQUEEN, AlLEN 69.44 27.77 41.67 11/2912004 44.61 - 29.07.1066.2 MCVEY, DOUGLAS & KATHLEEN 87.88 40.26 47.62 llf24f2004 49.56 - 23.01.2730.1 MELLEN, ANGELA 180.93 91.61 89.32 12/1512004 70.00 - 24.03.0422.2 MENDOZA, PEDRO & EVA 102.30 SO.33 51.97 12102/2004 96.07 - 21.49.0984.1 MERIDIAN ACADAMY 50.00 50.00 20.46.0198.3 MESERTH,ANDY 78.92 35.29 43.63 11/1212004 86.15 - 46.46.7105.1 MESSINA VILLAGE - WATER FEJ: 11.86 8.38 3.48 01/1812005 5.44 - 22.50.3848.1 MEYERS, DAN 89.38 42.81 46.57 1112312004 87.85 - .~ in Msg column indicates no Notice is 10 be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Jan 18, 2005 04:55pm Current Period: 0112012005 No Delinquent Minimum AmountDefinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Definq 11/20/2004 10/20/2004 09120/2004 Date Amount 22 .50.4032.3 MICHAllOFF, ERNEST 68.04 32.74 35.30 1212112004 79.00 - 36.69.0650.2 MICHELETTI, RANDY 123.84 70.34 53.50 11/2412004 62.90 - 20.46.0340.2 MillER, MARK 79.54 36.50 43.04 1211412004 44.02 - 24.04.1330.2 MillER, SANDY 83.96 25.22 58.74 11/1712004 100.00 - 22.50.2352.2 MillER, SARAH 88.42 56.50 31.92 11/1612004 106.88 - 20.46.0886.1 MINEGAR, JOHN 68.62 31.53 37.09 12/14/2004 36.11 - 25.05.0636.2 MITCHELL, DARlA 391.19 53.97 337.22 0912112004 209.28 - 23.02.3742.1 MONTGOMERY, DENNIS 68.26 32.74 35.52 12/15/2004 35.64 - 33.33.0001.1 MONTVUE SPINAL CLINIC 12.59 3.48 3.48 5.63 30.74.2832.1 MOONEY, KEVIN 84.99 70.33 14.66 01/1312005 125.00 - 22.51.4214.2 MOORE, lAWRENCE & KRISTIN 95.11 66.62 28.49 24.04.1634.1 MOORE, RUSSEll C 236.40 21.46 20.48 33.22 161.24 0810312004 100.00- 24.04.2226.1 MOOREHOUSE, SEAN & DENISE 65.74 51.54 14.20 12/07/2004 100.00 . 22.51.4218.2 MooRTGAT, JIM 167.62 42.61 61.03 56.13 7.85 36.36.1132.1 MOOSE CREEK BUilDERS 70.41 21.46 17.70 17.70 13.55 08J26J2004 1.68 - 37.37.3302.1 MORGAN CREEK HOMES 23.54 15.13 7.40 1.01 24.03.0889.1 MORNING GLORY #2 HOA 31.32 3.48 3.48 24.36 36.36.1044.2 MORNING STAR BRANCH 35.40 17.70 17.70 12110/2004 21.46 - 30.74.2940.1 MORRIS, SEAN 89.23 39.05 50.16 10/29/2004 60.62 - 23.02.5630.2 MORRISON, DWAYNE 64.76 32.74 32.Q2 11/23/2004 70.00 - 23.02.2480.3 MORTENSEN, JANIEL 103.24 55.30 47.94 12/14/2004 45.00 - 22.51.0482.1 MURRAY, SONDRA MURRAY 90.82 47.78 43.04 12/13/2004 57.74 - 25.25.1104.2 MUSTAGOG, ALBERT 48.02 24.01 24.01 12/1612004 47.89 - 30.74.3362.2 NAKAMYRA STEPHEN TRUST 86.57 81.62 4.95 36.69.2302.1 NEAL, KEVIN & MICHEllE 80.88 39.05 41.83 12/15/2004 43.79 - 37.37.3030.3 NEilSON, CHRIS & JILL 78.59 57.85 20.74 01/18/2005 57.85 - 36.68.0086.1 NEITZEL, KENNETH & HEIDI 92.16 42.81 49.35 11/24/2004 49.35 - 35.65.0450.1 NELSON, MARILYN 130.92 32.74 48.60 49.58 10/18/2004 100.92 - 24.04.1808.2 NENOW, TARYN 81.59 32.74 40.10 8.75 12/0212004 47.72 - 22.51.4100.1 NESMITH BROTHERS TOWING 141.08 68.66 72.42 12114/2004 140.03- 24.03.0660.1 NEWHOUSE, RAYMOND & TINA 85.47 39.05 46.42 12/14/2004 50.00 - 22.50.0034.1 NEWMAN, TIM 88.78 36.38 26.20 26.20 11115/2004 53.18 - 25.25.4310.2 NICHOLS, MICHAEL 31.97 31.53 .44 01/11/2005 38.45 - 22.51.0334.3 NIEHOFF, DENNIS 95.39 32.74 41.08 21.57 30.74.0664.1 NIELSON, STEVE 62 .48 44.02 18.46 12/15/2004 28.00 - 21.48.3226.2 NJN, LtC ANDIOR ASSIGNS 687.14 686.59 .55 1212312004 500.00 - 35.65.0650.2 NOBLE JR, ROGER 47.59 46.57 1.02 12/1412004 50.00 - 22.51.0390.1 NORA, LLC 179.60 33.60 29.84 29.84 86.32 09/0712004 35.48 - 25.25.4060.2 NORLING, KYLE & SHANNON 70.25 31.53 38.72 11/23/2004 76.00 - 24.04.1598.1 OGAN, JOHN & DAWN 109.02 45.36 30.71 32.95 11/1512004 45.00 - 30.74.3352.2 O'LEARY, MIKE & WEBB, ERIC 87.42 42.61 44.61 11/22/2004 94.97 - 25.25.0084.1 OLNER CLEAVER 146.30 71.54 44.02 32.74 1210812004 73.87 - 25.25.0086.1 OLNER CLEAVER 124.70 25.22 17.70 21.46 60.32 12/0812004 17.31 - 30.74.1475.1 OLMSTEAD, GERALD 55.52 4.46 11.32 32.88 6.86 12/1412004 32.88 - 30.30.6248.2 OMANOVlC, IBRAHIM & SENAD 89.84 47.76 42.06 11 f1612004 85.98 - 25.25.1058.2 O'NEILL, KATHLEEN 93.36 25.22 66.14 11/23/2004 113.24 - 35.35.0076.2 ORTEGA, ANDREW & ALISA 61.72 28.98 32.74 1112412004 33.72- 35.35.0063.3 OVERGAARD, JOSH & ALLYN 79.54 36.50 43.04 12/21/2004 43.04 - 22.51.3430.2 OVERTON, DAVID 54.36 54.36 07/02/2004 56.31 - 24.03.0044.2 PADGETT, DAVE & CHARLENE 104.26 46.57 57.69 12114/2004 57.69 - 30.74.0358.5 PALUSTER, J.L. & CHRISTY 71.40 31.53 39.87 11/23/2004 97.25 - 25.05.0428.1 PALOMO, ALEX 50.15 35.29 14.86 01/0312005 30.00 . 32.32.4666.1 PARK HOMES 69.50 17.70 17.70 17.70 16.40 36.69.0300.1 PARK, JON & TESSIA 95.92 46.57 49.35 11/2312004 70.53 - 23.02.6710.2 PARR,RYAN 54.20 25.22 28.98 12/1412004 88.84 . - in Msg column indicates no Notice is to be sent ( ( CIlY OF MERIDIAN Delinquenl Account List- council Page: 10 Standard Payment Cuslomers Jan 18, 2005 04:56pm Current Period: 0112012005 No DeHnquenl Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 11/20/2004 10/20/2004 09/20/2004 Dale Amount 30.74.2682.4 PASSANNANTE, DAN 111.71 105.52 6.19 30.74.3970.1 PATE, ERIC & LINDA 77.12 39.05 38.07 12/16/2004 38.07 - 30.74.1078.1 PAULSON, LARRY & KAY 63.68 36.50 27.18 11/16/2004 29.14 - 23.02.0120.1 PEABODY, ELLA 79.18 36.32 42.86 11/24/2004 89.17 - 20.46.0590.1 PECHT,BRYAN 80.52 32.74 47.78 12/09/2004 56.60 - 35.35.0259.3 PECK, KARL & LORRY 36.27 35.29 .98 12123/2004 43.63. 30.7423402 PENFIELD, 80YED & DAWN 65.48 25.22 40.26 11/1612004 41.24. 36.69.0452.2 PERCIFIELD, TIMOTHY & MISTY 78.10 35.29 42.81 12123/2004 42.81 - 22.51.3810.2 PERKINS, BRADLEY & PATRICIA 105.86 51.54 54.32 12/14/2004 6020 . 35.35.0172.3 PERRY, DANIEL & LORI 93.14 46.57 46.57 11130/2004 44.02 - 24.03.0066.5 PERRY, DOUGLAS & BARBARA 84.22 4026 43.96 12/14/2004 88.00 - 24.04.1326.2 PERRY, JARED & MICHELLE 82.12 44.02 38.10 12/21/2004 47.00 - 30.74.3518.3 PETTIGREW, JOSHUA 52.04 17 .70 31.76 2.58 12/07/2004 34.60 - 23.02.3732.4 PHAM, KIMAN 125.04 32.74 45.66 46.64 10/21/2004 47.52 - 30.74.3000.1 PHILLIPS, RICHARD 89.22 42.81 46.41 11/2212004 94.65 - 38.36.1020.1 PIERCE, ROBERT 55.12 28.98 26.14 10/05/2004 28.88- 20.47.1110.3 PIERCE, WILLIAM & LAURA 138.96 44.02 44.02 48.92 11109/2004 93.72 - 22.51.4000.3 PIONEER FINANCE, LLC 236.22 41.13 46.53 49.46 99.10 09/2112004 50.53 - 23.02.1870.1 PIPER, LARRY 65.48 32.74 32.74 11130/2004 34.70 - 25.25.4042.2 PLUMMER, MARK & PATRICIA 94.58 47.78 46.80 11130/2004 46.80 - 30.74.29822 PNIOWER, ClARA 58.86 26.56 32.30 11/01/2004 33.92 - 30.74.3012.1 POFELSKI, MARK & ABBY 75.55 39.05 36.50 12/07/2004 39.44 - 24.04.1670.1 POGUE, LINDA 87.42 42.81 44.61 11/29/2004 53.43 - 23.01.1020.2 PONJEVlC, SENADA 89.78 21.46 37.16 31.16 24.03.0414.1 PORTER, CHRISTOPHER 57.57 5.44 52.13 11124/2004 52.89 - 22.51.0774.4 PREECE,ROBERT 42.99 27.55 15.44 12/14/2004 125.08. 35.35.0081.3 PRELLWITZ, BARBARA 62.70 32.74 29.96 12/1412004 60.80 . 29.07.0248.1 PRICE, ALLISON 70.58 35.29 35.29 1112312004 38.23 . 22.51.3102.2 PRICE, REBECCA 108.76 34.40 36.20 38.16 11/1612004 71.64 . 35.65.0690.1 PRICE, TRAVIS 73.36 35.29 38.07 1112912004 39.05. 23.02.2610.1 PRIEN, TODD 90.96 45.36 45.60 1113012004 60.00 - 23.02.53402 PRIVATSKY, K. & JOHNSTON. TI 142.12 107.86 34.26 12/15/2004 100.00 - 31.52.1061.1 PROPERTY GROUP LLC 3.48 3.48 1212212004 66.74 - 23.01.0100.2 PYLlCAN, WOODROW A. 13129 131.29 02/1812003 4526 - 35.43.0211.1 QUASAR DEVELOPMENT LLC 125.86 88.50 36.80 .56 31.52.0302.1 R T NAHAS FURNITURE STORe. 185.35 37.07 29.55 37.07 81.66 08/26/2004 96.70. 22.50.0038.1 RABEHL, DALE 24.72 24.71 .01 1212312004 24.00 - 31.52.1002.2 RAFANELLI & NAHAS 57525 191.75 191.75 191.75 1012812004 133.55 . 30.74.3420.3 RANSOM, PATRICIA 158.58 51.54 75.00 32.04 1113012004 100.00 . 35.35.00322 RASMUSSEN, DANIEL 92.78 47.78 45.00 12/1412004 69.90 . 22.50.3752.3 RASMUSSEN, JACOB 73.00 32.74 40.26 12/0612004 44.18. 30.74.3568.1 RATTANASIM, THONGSAY 96.54 47.78 48.76 1113012004 46.80 - 23.23.3490.2 RAYBORN, ROBERT 104.20 28.98 35.52 35.52 4.18 10/1212004 65.00 - 20.47.1090.3 RECLA, CARRlEANNE 57.96 28.98 28.98 12/0812004 28.00 - 23.01.1050.2 REO CANYON CORPORATION 31.33 17.70 13.63 30.74.0412.4 REED, ANGELA 61.72 28.98 32.74 12/1512004 53.72- 25.05.0748.1 REED, KATHLEEN & ROBERT E. 52.60 2025 32.35 1112312004 65.67 - 22.50.2390.2 REED. LORETTA 148.04 70.34 77.70 12/1312004 75.74 - 30.74.0392.2 REES, ARTHUR 93.70 62.74 30.96 12/1612004 75.00 . 23.02.2160.1 REEVES, GARY 57.86 28.98 28.88 11/23/2004 26.00 - 24.04.0542.2 RES, SHAWN 92.50 21.46 36.50 34.54 10/1912004 66.92 - 35.35.1230.5 RESCH, BRIAN & JANETTE 73.36 35.29 38.07 11/2312004 37.09 - 23.012780.2 RHODE, BENJAMIN & CYNTHIA 44.02 44.02 1112412004 50.88 - 37.37.3118.2 RICE, JAMES & UZETTE 309.32 41.02 268.30 06f30/2004 123.26 - 36.38.1092.1 RICH, JASON & KAYlA 80.52 40.26 4026 11/24/2004 40.26 - - in Msg column indicates no Nolice is to be sent / { CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customen; Jan 18,2005 04:56pm Current Period: 0112012005 No Delinquent Minimum AmountDelinquenl Balance Las! Pmt Last Pmt Cust No Name Balance Non-Delinq 1112012004 1012012004 0912012004 Date Amount 35.65.0358.2 RICH, LESTER 55.84 17.70 38.14 11/1612004 28.33 - 24.04.2320.1 RICHARDSON, ROD 96.19 46.57 49.62 11/2412004 63.00 - 23.02.3610.3 RICHERT, BRYAN & BARBIE 102.62 54.09 48.53 12/1312004 51.47 - 30.74.3302.2 RIEBE, DEANA 85.42 25.22 40.10 20.10 12/1012004 20.00 - 22.50.0306.2 RITTENHOUSE, CRAIG 437.84 122.48 113.78 201.58 1212112004 273.09 - 37.37.4220.2 ROBERTS, ALLEN 108.49 27.77 37.91 42.81 10/1912004 41.70 - 22.51.3300.1 ROBERTS, DAVID 87.96 58.98 28.98 12/1512004 70.82 - 30.74.3210.1 ROBINSON, LONNIE 121.73 39.05 41.83 40.85 10/1812004 84.38 - 24.04.2006.2 ROBINSON, RICHARD & PRISC1L 94.12 46.57 47.55 11/1212004 200.81 - 30.74.3156.3 ROE, ASHLE 149.46 61.61 87.85 1112412004 117.53 - 22.51.3214.2 ROEHR. CLINT 47.87 25.22 22.65 1112912004 75.00 - 35.35.1222.2 ROHNBACH, DAVID 72.97 35.29 37.68 12/15/2004 100.00 - 35.35.0105.2 ROONEY, BRUCE & PAlGE 95.50 47.78 47.72 12/1312004 51.44 - 35.35.0271.2 ROPER, RANDALL 62.66 47.78 14.88 01/1212005 47.78 - 22.50.2026.4 ROSIN, JUSTIN & KRISTEN 53.50 51.54 1.96 01/04/2005 45.00 - 31.52.0269.2 ROUND TABLE PIZZA 454.92 3.48 28.96 422.48 0311012004 13.40 - 37.37.4146.3 ROUNDTREE, PATRICK & PENN' 78.76 39.05 39.71 11/16/2004 40.69 - 32.32.4200.1 RUWE CONSTRUCTION 13.01 9.08 3.48 .45 32.32.4116.1 RUWE CONSTRUCTION 9.25 5.32 3.48 .45 23.02.3180.1 RYAN, WALTER 95.65 66.50 29.15 12/1512004 80.00 - 22.50.0090.1 SABA, VlRGlNA 164.04 97.37 66.67 12/1512004 63.73 - 25.05.0732.3 SACKETT. KURT & LAURA 81.34 25.22 38.14 17.98 24.04.1754.2 SAMS, THEODORE 101.48 46.57 54.91 1112912004 64.71 - 30.74.2396.6 SAUNDERS, MATTHEW & HEIDI 118.89 28.17 90.72 23.01.1200.2 SCHIMPH, FRED 150.02 89.06 M.96 12/1512004 60.00 - 30.74.2828.3 SCHMECKPEPER, BRANDON & . 78.40 40.26 38.14 1212112004 45.00 - 35.35.0018.4 SCHMIDT, BRODIE 37.67 24.01 13.66 24.04.2126.2 SCHORZMAN, CARL & MONA 36.38 17.70 18.68 1112312004 27.50 - 22.51.3720.2 SCHOW, BART & ALISSA 172.34 38.14 39.28 89.28 5.64 1012612004 145.38 - 46.46.7060.1 SCHROEDER ENT 68.52 17.70 17.70 21.46 11.66 37.37.5056.1 SCHROEDER ENT 83.25 21.46 17.70 17.70 26.39 29.07.1052.2 SCHULTZ, STACY & GERALD 73.36 39.05 34.31 1113012004 36.27 - 25.05.0414.3 SCOTT, EDWIN & KATHY 155.79 61.61 94.18 12/1412004 79.00 - 30.14.2718.2 SELLS, DAVID 80.88 39.05 41.83 0111212005 41.83 - 35.35.2392.2 SEMMER, CHAD & MARY 79.54 44.02 35.52 1112412004 103.88 - 35.35.1228.2 SHABER, ANDREW 75.78 36.50 39.28 1112312004 38.30 - 23.02.2930.1 SHARP, LEE 72.18 17.52 26.84 21.82 10/1512004 29.31 - 30.30.6316.2 SHAW, KELLY HELP FUND 1 82.32 40.26 42.06 1210612004 54.92 - 32.32.4162.2 SHEEHY, CHRISTINE 63.06 31.53 31.53 11130/2004 39.37 - 30.74.0322.2 SHELDON, PAM 110.94 29.08 81.86 11/0312004 50.00 - 22.50.3780.2 SHELLEY,DIXIE & R. KENT 51.35 31.53 19.82 22.50.3694.3 SHEL TRON. ROGER 65.84 31.53 34.31 11/1612004 119.33 - 22.50.1902.2 SHEL TROWN, ROGER & BONNII 15.40 21.46 37.16 16.78 35.35.2390.2 SHIELD TRUSTEE SERVICES, LL 14.85 72.89 1.96 12/1412004 54.91 - 22.51.0930.2 SHOBE. MONTY & CAROL 69.12 36.38 32.74 1112912004 63.42 - 32.32.4950.1 SHOEMAKER, FRANK & HELEN 80.06 42.81 37.25 0111212005 36.21 - 20.46.5000.1 SHOPKO #00169 143.30 94.39 48.91 12/1412004 100.00 - 25.09.0006.1 SHUR-LUCK HOMES 33.52 17.70 10.60 3.48 1.14 25.09.0058.1 SHUR-LUCK HOMES 55.76 17.70 17.70 16.88 3.48 25.09.0002.1 SHUR-LUCK HOMES 33.52 17.70 10.M 3.48 1.74 25.09.0038.1 SHUR-LUCK HOMES 52.00 17.70 17.70 13.12 3.48 22.50.1920.5 SILVEY, BRYAN 69.60 35.29 34.31 11/2312004 69.47 - 24.04.1608.1 SIMPSON, GAlL 59.00 25.22 33.78 11/2912004 50.00 - 30.14.2506.3 SIMPSON, KENNETH & MfY 110.84 64.16 46.68 12/0712004 40.00 - 37.37.3896.2 SrSK, DONALD 113.24 79.12 34.12 12/1512004 65.00 - - in Msg column indicates no Notice is to be senl ( ( ... CITY OF MERIDIAN Delinquent Account Llst- council Page: 12 Standard Payment Customers Jan 18, 2005 04:56pm CurrenIPeriod:01/2012005 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 11120/2004 10/20/2004 09/20/2004 Dale Amount 22.51.4034.1 SKINNER, KEN 69.16 17.70 51.46 11/2212004 152.38 - 22.51.3660.2 SLAY, LAWRENCE 68.04 17.70 37.16 13.18 23.02.3962.4 SLENDER, LEONARD & BOSWEl 29.92 28.98 .94 01/0512005 30.00 - 30.74.1058.2 SLYTER, GORDON 90.82 44.02 46.80 12/14/2004 130.00 - 30.74.1086.3 SLYTER, GORDON 116.08 44.02 72.06 11/17/2004 110.48 - 30.74.1118.2 SLYTER, GORDON 191.46 138.02 53.44 01107/2005 20.00 - 25.25.9918.2 SMEDLEY, KERRY & KENRA 119.29 68.80 50.49 12/08/2004 49.51 - 35.35.1210.3 SMITH, GREGORY J 78.56 36.50 42.06 11/23/2004 85.00 - 22.51.0498.1 SMITH, KARL 149.26 100.34 48.92 12/21/2004 87.14 - 20.46.0380.4 SMITH, KYLE 80.74 48.98 31.76 11/16/2004 31.76 - 23.02.1360.2 SMITH, SHIRLEY 55.18 25.22 29.96 12/0712004 39.76 - 24.03.0836.3 SOSA, JOSEPH 54.02 44.02 10.00 12/2812004 41.90 - 23.02.5790.1 SOULE, LINDA 56.00 28.98 27.02 11130/2004 39.76 - 23.02.0900.2 SOUZA, JR., WILLIAM 122.74 40.26 40.26 42.22 10120/2004 74.44 - 24.03.0038.2 SPANGENBERG,TODD 49.46 25.22 24.24 11/18/2004 116.24 - 23.02.0180.2 SPANGLER, STEVE 98.93 98.93 07/0812004 55.80. 23.02.1480.6 SPEAR, LAWRENCE & ANDREA 196.73 46.98 62.02 86.49 1.24 23.01.1475.1 SPECIALTY PROPERTIES 8.92 3.48 5.44 12/10/2004 26.02 . 23.01.1902.2 SPECIALTY PROPERTIES 210.06 204.18 5.88 23.01.1462.1 SPECIALTY PROPERTIES 138.06 37.63 100.43 12/10/2004 100.43 - 36.68.0010.3 SPEISER, JEFF & MARGARET 92.95 42.81 45.59 4.55 01/1312005 40.00 - 25.05.0640.2 SPOREA. ILlJA & LAURA 60.94 20.25 40.69 11/16/2004 80.87 - 30.74.2428.5 SPRONG, RICHARD 30.07 27.77 2.30 09/17/2004 300.00 - 24.04.7001.1 ST ALPHONSUS 267.64 3.48 264.16 12/1412004 283.76 - 37.37.5008.1 STACY CONSTRUCTION 35.40 17.70 17.70 11/16/2004 32.74 - 23.02.1830.2 STANSELL, KATHY 65.84 31.53 34.31 11/2312004 37.25 - 23.02.1160.1 STATES, DION 70.22 40.26 29.96 11130/2004 29.96 - 30.30.6334.2 STEELE, STEVEN & DEBBIE 171.09 46.57 46.57 77.95 11/2212004 48.00 - 23.02.5490.1 STEVENS, JEFF 55.17 54.17 1.00 12/23/2004 55.95 - 30.74.3470.3 STOCKTON, JASON & JENNIFEf 81.72 28.98 52.74 1110212004 72.74 - 22.50.4482.3 STONE. HAROLD 113.64 44.88 33.72 20.64 14.40 11102/2004 111.94 - 20.46.0376.1 STOVER, TODD 115.68 27.77 87.91 1112912004 44.61 - 22.51.0938.5 STRATE. EUGENE 69.04 41.22 27.82 01/12/2005 32.00 - 22.05.0004.1 STRICKlAND PROPERTIES LLC 16.67 11.28 3.48 1.91 23.23.0002.1 STUBBLEFIELD DEVELOPMENT 644.01 619.01 25.00 01/04/2005 433.85 - 30.74.3322.4 STYER. MACADE 95.56 51.54 44.02 11/24/2004 43.04 - 24.03.0310.3 SUDMEIER, PAUL & HELEN 71.04 28.98 42.06 11/24/2004 50.88 - 23.02.1670.1 SWENSON, MILDRED 49.26 28.80 20.46 11/2412004 23.40- 36.69.0484.6 TADEVlC, TOM 161.80 95.45 66.35 12/14/2004 68.26 - 22.51.3284.1 TAHOE CONSTRUCTION 127.91 45.07 7.55 26.35 48.94 08124/2004 30.11 - 22.51.3286.1 TAHOE CONSTRUCTION 60.31 15.07 15.07 11.31 18.86 08/24/2004 18.83 - 22.51.3288.1 TAHOE CONSTRUCTION 142.95 56.35 18.83 18.83 48.94 08124/2004 30.11 - 23.02.2390.4 TAYLOR, ANGELA 56.98 25.22 31.76 12/14/2004 35.68 - 22.50.1020.1 TECO INVESTMENTS 99.08 55.34 43.74 12/14/2004 50.00 - 20.47.0052.4 TENNANT, ROBERT & CONNIE 115.86 47.78 45.98 22.10 12/21/2004 75.00 - 23.02.1190.1 TERRELL, A 123.20 32.74 61.76 28.70 11130/2004 60.00 - 20.46.0402.1 TESAR, TRACI 46.58 46.57 .01 12/2112004 46.57- 29.57.0104.1 THE PERFECT CUP 41.45 11.31 15.07 15.07 11/02/2004 30.14 - 23.02.2550.7 THOMAS, DREW 63.36 25.22 38.14 12/1512004 35.15 - 22.51.0526.1 THOMPSON, JAMES R. 44.06 44.02 .04 11/29/2004 36.66 - 25.09.0052.1 THORNTON, DON 61.94 17.70 17.70 17.70 8.84 22.50.2340.2 THORNTON, JENNIFER 88.04 40.26 47.78 12/0212004 44.84 . 35.35.5026.2 THORNTON. NIKKI 62.74 35.36 27.38 01/14/2005 10.00 - 46.46.6246.2 THRONEBERRY, BRIAN & KATH' 92.16 46.57 45.59 12/15/2004 30.96 - 37.37.5044.2 TILMANT, JOSEPH & MERLE 68.80 17.70 39.12 11.98 -. in Msg column indicates no Notice is 10 be sent r: { r CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Jan 18, 2005 04:57pm Current Period: 01/2012005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Lasl Pml CustNo Name Balance Non-Delinq 11/2012004 10120/2004 09/2012004 Dale Amount 23.01.0720.'1 TODD, BRUCE 108.52 21.46 40.10 46.96 11/24/2004 41.96 - 23.02.2200.3 TODD, RICK 60.74 28.98 31.76 12/23/2004 31.76 - 30.74.2520.1 TOlAND, DAVID 66.29 27.77 38.52 12114/2004 185.00 - 22.51.0671.1 TONY HICKEY 1.16 1.16 11/16/2004 330.36 - 22.50.4022.3 TORGESON,MATTHEW 64.66 32.74 31.92 12/1612004 62.76 - 30.74.3704.1 TORRES. L. & ENCISO, G. 81.86 42.81 39.05 11130/2004 40.03 - 33.33.9110.1 TOUCHMARK 40.50 20.25 20.25 12/0712004 24.01 - 33.33.9114.1 TOUCHMARK 48.02 24.01 24.01 12/0712004 24.01 - 33.33.9112.1 TOUCHMARK 40.50 20.25 20.25 12/07/2004 24.01 - 33.33.9020.1 TOUCHMARK CONSTRUCTION 63.06 31.53 31.53 1210712004 31.53 - 33.33.9056.1 TOUCHMARK CONSTRUCTION 59.30 31.53 27.77 1210712004 31.53 - 21.48.2693.1 TREASURE VALLEY BUS CTR 418.12 3.48 62.28 352.36 11/1212004 40.72 . 22.50.3812.1 TREGElLAS, MARK 65.10 36.50 48.60 11/1612004 97.10 . 20.48.0180.2 TROYER, SCOTT & lOIS 92.68 47.78 44.90 12114/2004 90.00 . 30.74.2386.2 TUPPER, PAXTON & APRIL 123.38 76.65 46.73 12115/2004 61.43 . 23.02.0330.1 TURNER, DAVID & JEANINE 86.24 44.02 42.22 1112312004 90.22 - 24.04.1790 .3 U.S DEPARTMENT OF HOUSING 50.49 50.49 01/18/2005 110.66. 22.50.1373.1 U.S. POSTAL SERVICE .46 .46 1112412004 213.20 - 22.50.4522.1 UGARRIZA, SHELBY 68.82 31.41 37.41 12121/2004 46.23 - 23.02.3160.1 URQUART, JASON 145.34 59.06 86.28 12/0712004 54.32 - 32.32.4158.3 VAil, SAMUEL & SHANNA 84.28 51.54 32.74 1112412004 31.76 - 23.02.4840.4 VALESKO, DONALD 94.05 57.85 36.20 1211012004 50.00 - 20.46.0638.2 VAN M1BURG, GLEN 66.46 32.74 33.72 1212812004 32.74 - 22.51.1144.2 VANCE, JIM & DERRIAN 76.68 76.68 23.02.0840.3 VAUGHAN, JASON & ALLISON 63.52 28.98 34.54 11/2912004 35.52 - 23.01.0780.3 VELMA BUCK LIFE ESTATES 93.40 47.60 45.80 1112912004 46.78 - 24.03.0030.2 VERHEIJEN, ERIC & CHRISTIE 110.52 27.77 42.65 40.10 10/1212004 70.00 - 30.30.S018.1 VHB LLC 78.48 73.46 4.46 .56 30.30.5020.1 VHB LLC 14.56 9.54 4.46 .56 30.3O.S022.1 VHB LLC 9.82 5.78 3.48 .56 30.30.5024.1 VHB LLC 14.56 9.54 4.46 .56 23.02.1860.3 VICTORY, CHRISTOPHER 142.79 35.29 71.01 36.49 11/17/2004 100.00 - 22.50.4586.2 VICTORY, MICHAEL & YUNSUK 80.24 27.68 52.36 11/29/2004 107.00 - 22.51.3094.2 VNUK, JOHN 117.80 SO.64 28.68 38.48 1110312004 50.00 - 30.74.2690.3 VUITTONET, JUAN 91.34 46.57 44.77 11/1512004 153.11 - 23.01.4689.1 VWR INTERNATIONAL .03 .03 1212112004 3.45 - 24.03.0284.3 WADDELL, WILLIAM & ELEANOR 73.84 32.74 41.08 .02 12/1412004 65.00 - 23.02.1430.4 WADDOUPS,DOROTHY 73.90 21.46 24.24 24.24 3.96 11/1612004 60.00 - 23.01.2310.2 WALKER, BETTE 96.08 57.85 38.23 01/0412005 40.19 - 23.01.3340.1 WALSH, RON 136.52 136.52 01/1612002 29.17 - 37.37.2960.2 WARD, GARY & BILLIE 114.21 39.05 38.07 37.09 10/19/2004 36.96 - 25.25.4528.2 WARD, JENNIE 48.66 48.66 0211012004 86.64 - 21.48.2651.1 WATER WORKS CAR WASH INC 3.48 3.48 12/1412004 63.26 - 22.50.4296.2 WATKINS, JOHN 73.98 32.74 41.24 11/2412004 45.16 - 22.51.3310.2 WEBB, MICHAEL 117.30 32.56 42.86 41.88 10/2212004 3.71- 23.02.5580.1 WELBORN, KENNETH 77.12 39.05 38.07 1112912004 41.99 - 23.02.3390.1 WELKER, IDA 95.92 45.18 SO.74 12129/2004 45.64 - 23.02.3150.3 WELKER. ROGER 81.50 32.74 48.76 12/1412004 61.50 - 36.53.0501.1 WESCO 6.96 3.'18 3.48 1112912004 63.80 - 23.01.1110.2 WEST, JONI 55.18 28.98 26.20 12/15/2004 55.22 - 23.01.1010.5 WEST, JONI & BERT 85.94 44.02 41.92 12/1412004 100.00 - 22.SO.4530.2 WEST, ROBERT & JONI 135.50 28.98 72.38 34.14 11/17/2004 60.00 - 35.35.0087.2 WHEELER, JOSHUA & HEIDI 86.43 39.05 47.38 01104/2005 55.00 - 30.74.3204.1 WHITE, TAWNYA 55.54 27.77 27.77 12/09/2004 48.73 - 32.32.4698.2 WHITNEY, TYLER 83.66 39.05 44.61 1211012004 90.07 - - in Msg column indicates no Notice is to be sent { ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 14 Standard Payment Customers Jan 18,2005 04:57pm Current Period: 0112012005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 11120/2004 10120/2004 09/20/2004 Dale Amounl 30.74.0064.2 WHITSITT, JOSEPH 117.42 59.06 58.36 12/2112004 80.00 - 35.35.0097.2 WHITTED, NEil & CHRISTINE 75.78 36.50 39.28 12/07/2004 40.26 - 30.74.3708.3 WilBURN, STEVEN 111.86 72.81 39.05 12/16/2004 79.63 - 23.01.1468.3 WilEY, DIANE 118.04 87.49 30.55 01104/2005 94.85 - 23.02.2040.1 WllllJlMS, FRED 77.12 39.05 38.07 12/15/2004 40.03 - 23.02.4310.1 WilSON, DENNIS K 76.76 40.26 36.50 1111512004 80.74 - 22.50.0208.1 WilSON, MITCHEll 0 72.06 30.00 42.06 1113012004 40.95 - 24.03.0316.2 WilSON, RUSSEll 89.38 39.05 50.33 11/23/2004 82.09 - 29.07.0880.2 WINKLER, GREG 64.34 36.50 27.84 1213012004 45.00 - 22.50.2394.5 WINSKY, DAVID 59.64 36.50 23.14 12121/2004 11.40 - 22.50.2302.1 WINTERTON, DARIN 58.78 25.22 33.56 11116/2004 68.00 - 25.25.1086.3 WISSER, RICK & CATHY 66.77 46.57 20.20 01103/2005 50.00 - 20.47.1204.2 WIXSON, RYAN 88.73 61.61 27.12 01/04/2005 55.00 . 22.50.1666.1 WOLFE, NELLIE 48.14 17.70 30.44 10126/2004 35.24. 30.74.2720.2 WRIGHT, DEBBIE 79.90 39.05 40.85 12/0712004 42.81 . 24.03.0412.4 WYMAN, DUSTINE 84.64 42.81 41.83 12/06/2004 74.23. 30.74.0372.3 YELTON, LAURA 86.90 36.50 50.40 12/16/2004 116.07 - 23.02.0680.1 YOUNG, AUSTIN l 75.70 33.19 42.51 11130/2004 44.47. 23.02.0650.2 YOUNG, AUSTIN l 133.21 55.75 37.11 35.15 5.20 11/1712004 20.00 . 22.50.2338.2 YOUNGER, RUSSEll 70.58 35.29 35.29 12/14/2004 70.45 - 24.04.1406.1 ZURITA, JOSE 62.08 20.25 41.83 11/2412004 46.73 - Grand Totals: 70,971.99 31,588.94 27,431.09 6,253.26 5,698.70 Report Critaria: Terminated customers nol included CUstomer.Cus! No 0 := [<} 880000001 Customer. Bill Cycle := 1 ... in Msg column indicates no Notice is 10 be sent January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Ronald Van Auker RZ 04-012 January 18, 2005 ITEM NO. 14 REQUEST ordinance - Reqeust for Annexation and Zoning of 3.74 acres from l-L & C-G zones to all C-G zones for Raymond Estates - northeast comer of East Franklin Road and Norht Gaudians , Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE OEPT: CITY BUILDING DEPT: CITY WATER OEPT: CITY SEWER DE?T: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ITD MERIDIAN POST OFFICE: OTHER: Contacted: 9( ~Q Lk-v-- ~~ Date: (/1 of (05 Phone: Emailed:bMlH-<(4.val\c:ltoA-K-ec.cC>f.V1 Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance \\ 'l- ~ b" o {>{uJ- ~ ADi COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BO~E IDAHO 01/28/05 02:53 PM . ~~Q~~~E5D~~nE~~~~~e~F III [lIlllIItl!~lll~!~'111111111111 MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. OS ~ I \ ~ Lo . BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-04-012 AKA RAYMOND ESTATES LOCATED AT THE NORTHEAST CORNER OF E.FRANKLIN ROAD AND N. GAUDIANS AVE.) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY RONALD V ANAUKER; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L AND C-G (LIGHT INDUSTRIAL AND PARTIAL GENERAL COMMERCIAL) TO ALL C-G (GENERAL COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Ronald VanAuker. SECTION 2. That the above-described real property is hereby re- zoned from I-L and C- G (Light Industrial and General Commercial), to all C-G (General Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts ofthe City of Meridian in accordance with this ordinance. RE-ZONE OF RZ-04-012 AKA RAYMOND ESTATES Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in confliCt herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. 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 ofthis ordinance and a map prepared in a draftsman manner, 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 ofthis ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. 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 (l) 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 I prf:- day of J ~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / g-IJ: day of J ~r ,2005. ATTEST: RE-ZONE OF RZ-04-012 AKA RAYMOND ESTATES Page 2 of3 STATE OF IDAHO, ) )ss. County of Ada ) On this jg-lh day of ~a../A.v...Qr1 ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .. lI1UII.,., ~.." ,#, ~...... C~ L. SJi. ~###. ;.......:,.~ ......... :t". '##", :> '?:........ .... -<$- ~ q~. ~ ... 0.. ~ " of ~o1'Al(}. \ ~ : ~ *: : )1, : ........ : S 1" C... ~ "" PUB\.."\. .. ! -, .0 .. \ <.J "'" "..,,,>- $ ......' ~. . . ............l.iu.ua.. ~' fIf....~ '.~ ',[ 1::, u ~ yv ...... ..>i-........... ." "1;.,,.' ................li ./b (YI /;;10/07 / / RE-ZONE OF RZ-04-012 AKA RAYMOND ESTATES Page 3 of3 J~V~~:Y~u~ ~ CIVIL AND STRUCTURAL ENGINEERING REZONE DESCRIPTION For Ron Van Auker Job No. 04092 September 24, 2004 Land in the SW1/4 of Section 9, T3N, R1 E, 8.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southwest Corner of said Section 9; thence, along the South Line of said Section 9, North 89011 '46" East, 1078.03 feet, to the intersection of the centerline of North Gaudians Ave., with said Section Line, and the POINT OF BEGINNING; thence, along said centerline, North 06055'12" West, 467.66 feet; thence North 89011'46" East, 435.87 feet, to a set 5/8 inch rebar; thence South 00048'14" East, 465.00 feet, to a point on the South Line of said Section . 9; thence along Section Line, South 89011'46" West, 386.05 feet, to the POINT OF BEGINNING. Containing 4.39 Acres, more or less. q-zt!.-{J tf' by, SEP 2 4f 2004 Meridian Pu.b1.ic Works Dept. P:\VanAuker\04092-Topo by RC Willey\Drawings\Survey\ROS\ZONE DESC.DOC 5680 E Frankbl Rd, Suite 220 Office; (208) 463-0305 Fax: (lOR) -163-4391 l'r€:t;,,;ure \-/aHey EEginee.rs" tne. l'>.i..........~......... i..i'c.l..... 9."1.h<,J~ '-'>;,.v~:rr_~,' l-.~~"".;~{.' I ~ l-r.!. \1...:-. 11,.",),;.. k t., r>: ~.np ,.:..~..(' .r-<..~~>~ .~\ \ -l ,/ '" \ 0... r-- \ <er::. -I 0:;00 \ uJ 0 ZU1o> ~lQ'" \ ~ffig \ 00.. . ;::Z'Ja \ 2,60- U1'-'-0 ~- \ r-- cO\___ \ ,OQ'~9V er~ \ ~ . cr> I 0 \\ <01"'1 0::: <..0:) \~ cr> 0 \5zz o9u.- >-0/\ .,rOo... \..........'OJ (;) \.,.- """ ( ~\ ~\ 5 \\ ~ ~\ 3 o (/'IuJ wZ 0:::0 O\:j <0::: +luJ ~al -i~ -co \- 05 x: >< \...oJ / -~ --- .<1,9 "k6' 0,,~ ".<:: ;!.- '1-t; 0' , ~ ..9,9 ;J' +- v) 00 :?;1:9 ~ - ~ ~ lr) r- z :z: o ~ 0- iX. f..) (/"l w Cl (9 Z Z o N OJ. q 0... _1:'. i...l ~~ Po , '. d) -- SA ~ ~~ .~ Q ~ ~~ U1 o Z ~ w CO u- o U1 ~ (J) -", "'! <0 o r- '"' ~ -<.0 -& ..- .,.- (rl 0:) U1 January 14, 2005 MERIDIAN CITY COUNCIL MEtrING January 18, 2005 APPLICANT Centennial Development, LLC ITEM NO. AZ 04-024 15 REQUEST Ordinance - Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zones for proposed Silverleaf Subdivision - 2683 West Chinden Boulevard 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: OTH ER: Contacted: ~ ({~ Date: {fel('? Phone: Emailed:~hsw->(..de {a......v::CC.Of'\.~<A.-(ta,..:ts;t/k1-S off Initials: AI? Materials presented at public meelings shall become property of the City of Meridian. See attached ordinance i' U\\ O~ O~ (7") COUNTY RECORDER J. DAVID NAVARRO AMt(7- .00 8:3 ~~W~T~AJ~~~~~2~~~~e~2:53 PM 1111111111111111111111111 il I III II I III REQORDED - REQUEST OF 112151211121992 MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. OS, \ \ d1 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-024 AKA SIL VERLEAF SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-4 (LOW TO MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING A SUMMARY OF THE ORDINANCE; AND PROVIDING FORA WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho Code 9 50-222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-4 (Low to Medium Density Residential), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING OF AZ--04-024 SILVERLEAF SUBDIVISION - Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. 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 ofthis ordinance and a map prepared in a draftsman manner, 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 ofthe State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the . i 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. APPROVED by the City Council of the City of Meridian, Idaho, this 1'01+aay of J7i (HI (l ~~ ' 2004. APP OVED by the Mayor of the City of Meridian, Idaho, this i6~day of .](i()l \0.\"\ J · 2004. ;'J ATTEST: STATE OF IDAHO, ) : ss County of Ada ) k J .;:toor On this I~..} day of ttv.\.{$t"J ' 100"4, 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. (SEAL) ...."........ ,-.~ C% L. 8 'f'~<i! ,. ?::~ ......'4r.; 'A "'~ " .....'"' .0 ~.;,.. ~ ~ -.. . ""or ~ ), i I ~OTA~.r \ ~ =*. :*= . . -.- 0 - .. . . - \ \ ./)trBL\C: S ~ d>, 00 ,,~ ~~o 0.0:- *~ ~l'oooo..o... ~ ~~~ ~.... li OF \'9 ~~~,,, ....i.....ai\lll\lll PUBLIC FOR IDAHO ING AT: jJfertd/t1~ OMMISSION EXPIRES: O€.f/';JO/07 I I ANNEXATION AND ZONING OF AZ-04-024 SILVERLEAF SUBDIVISION - Page 3 of 3 EXHIBIT A Legal Description Of Property ~.IU~N'"..J'IIDi-- ,ID"'III~__"" -lIlJl._lIlR1mg~~~!lI, .- .'Ju J. 13 04 03: 4Sp Joe Hicks (208) 884-539S 1".2 IDAHO SURVEY GROUP HSO East Watertower St. Suite ISO Meridian. Jdallo 83642 Phone (loa) 8<16-8S70 Fax (20S) 884-5399 July 13, ZOO4 Project No. 04~019 SHverleaf Subdivision Boundary Description Apareel of land being a portion of the NWl/4 Section 26, TAN., R.IW., B,M., Ada County, Idaho, more particularly described as follows: . Commencing at the Northwest comer of said Section 26, from which the West 1/4 comer of said Section bears South. OO~l'l 0" West. 2633.61 feet; thence along the West boundary of said Section 26 South OOC>Zl ~10" West, 1346.16 feet to the REAL POINT OF BEGINNING. Thence leaving said West boundary line South 8!)O09'47'" East, 287.51 feet: Thence South OOOZl'lO" West, 31.08 feet: Thence South 89Q09'4T' East, 1023.02 feet to a point on the West boundary of the East 1/2 of the NWJl4 of said Section26; Thence along said West boundary North 00"29'18" Bast, 48639 feet to a point at the ~enter ofan irrigation ditch; Thence leaving said West boundary and alC?ng the center of said irrigation ditch the foUowing three courses: Thence South 57046'13" East,. 84_56 feet; Thence South 68000'27" East, 129.75 feet; Thence South 71025'27" East. 97.72 feet; Thence South 86045'44" East" 107.65 feet; Thence leaving said irrigation ditch North 00001'50" West. 1016.67 feet to a point on the North boundary of said Section 26; Thence along said North boundary South 89010'58" East, 929.42 feet to a point on the NQrth-South mid-section line of said Section 26; Thence leaving said North boundary and along said Nortb.South mid-section line South 00037'33" West, 1805.36 feet; Professioflol Land Surveyors _ftTlIldlllAri.ift.. _ rn._II~.f. T. ",,_IIIl'I.uU--lM-.lIiIet'ltlIlIlImralfll ,.. , . - 1, .11 Jut 13 04 03;49p Joe Hicks [208J 894..,.5399 p.3 Thence North 73n36'lS" West, 489.75 feet; Thence North 83030.42" West, 232.70 fel!lt; Thence North 54054"43" West. 196.55 feel; Thence North 2000S'17" West. 121.61 feet; Thence North 71048'42" West., 140.90 feet; Thence South 870003'36" West. 268.57 feet to a point on the West boundary of the East 1/2 oithe NW1I4 of said Section 26; Thence along said West boundary South 00Q29'18" Wes~ 274.02 feet; Thence leaving said WestboundaIyNortb 89009'47' Wes~ 1309.82 feet to a point on the West boundary of said Section 26; Thence along said West boundary North 00021'10.' East) 329.58 feet to the Point Of Beginning.. Containing 48.52 acres, more or less. 'by, AUG 1 0 ZOO, Meridian PuIIUI Wor1rs DepL.... N -0 ( ( 50 200 800 , - o 100 400 SCALE 1" 400' 5.22 8.23 5.27 S.26 b "'I :!il ::!, LINE Ll L2 L3 LINE TABLE LENGTH BEARING 84.56 5 57'46'13" E 129.75 5 68'00'27" E 97.72 S 71'25'27" E _ _ _ W 1/~ _ _ N 6910'58' W 1313,72' S.23 1/4- -r- :---929.4~--~, I I I : ~I i ~ 91 ~ ~i :,,1 91 :;;;1 !' ~i I I ~I ~t J I N 6910'58' W 1313.78' '" ~ ~ , o 1 ~ : ,=_ ~ 0, . S 86'45'44" E I ~ 0, "11til 107.65' <0 fl. f'I <0 n~ I ~ g~ RUL PDI1fl' (Jp BECI./fNlN1; g~~ "'" I "'''' 5 89'09'47" E :z: NW 1/16 -j 287.51'- _N,!!9J.O'06' W lJl0.:!1r_ _ _ _ _ N 6910'06" W 1310.S~ _ :..... c:~"..-w 1/16 w - -7-: - - ~02'i7:..L-1Q.2;tO~ _ _ Sf;{la11:03'36" W N 71'48'42;- VI - ;>- · S 00'21'11"1" W r:;- -26-B.57' 140.90' ;:1 Ig 31.0aY I."'" N 20'08'17" W ~I gj I~N 121.61' ~ I'- o "" 10, q N 83'30'42" W ,.; I ~ :z: ----Nag.oo:47.-W~9.B2'---I~~ 232.70' ~~l ~ N 73'";;."'; v618. 489.75' W "" '" ",I lei '11 '" ~I 1 J, I~ 1;1 ~ 'b fl 8 w 5.23 1/4 S.26 S 69'08'25" E -,307.56' ~ '" S'I 81 "', 1 ___~""~__ 5 69'09'08' E ... ;.., .'" I~ I", 1 J Ie 1/4 <II 1307.10' On;:;t/'h.dVh '-JZ..; tJ S" - II Z 1 '"'"'~~ u",,"::::'::::.::: ~:le'.'I~'-'.'I.: ~.. ~ ~ '1' E },-," ... . ---- -:: ;; 1",; IDAHO SURVEY 120') 6~6-(l570 GROUP, P,C. 1450 E. WATERTOWER ST. SUITE 150 MERIOIAN,IOAHO BJIH2 EXHIBIT DRAWING FOR THE SIL VERLEAF SUBDIVISION JOB HO. 0-1-142 SHEET HO, 1 OF 1 DI'/G. DAlE 06,02.04 lOCAlED IN THE NW 1/4 OF SECTION 26, T.1N., R.1W., 8.M" MERIDIAN, MiA COUHT'(, IDAHO O'6'tl O1.J. ,,'6 0"'1 Z W o Z I U \ \~ 01 -<t -<t N N "<t- o (f) '" " I , OS90Zl9ZtOS IVldd SllV.:l VSHJOl Jl - - I, t - f 1 ~" " " t" ',t 1 1 .~~ ~ t,., "" "kr''k N N N N : 1 ,I ~~ " " '" .'" CD 1 ~ ,," "" "~ "I', "" " :\ C'! ,\[" I",,! '" '" "''''' " " '\ \: ~ t t'~ "'-'" "'~ ~ h ~,,"',,--> ~ I >b0Ji: ~~m ~ ~~/o ~ i l ~I lz o ~ 0 ::J 'f ~ fiel'UJ \} ~ 0[;>- l~ 1; o:l II ~~ t m * if 3 1 I ~ J f I j I o o rD N ~ N rD N .q- o if) ~ < ~ H ~ ~ ;>- H ~ ifl z < ...... A to...... C\lp;.'; f;l::l Z:=a Of;l::l E=:wo O-::c: ~O< WP=lA ...... rx,. ~ ~ OW:>-- "<f<~E-< ............-Z ...-l...-l::> O~ i:=f;ilUO ZC>.....O ZaC\l f;lQ<< l:I1P:; E-o ~ -z rx,.tt::< OE--<...... p:;A .... ZOp:; oZro::l E=:"<f<;:21 p:; op.., p..,- l:I1 <Xlw Z i:= o . - ~~~ ~LNNN ~ ~N " " "" ~L~ 'k" i :~ ~ ~~ "~1 ~r A I- ~ 0:::: o ~ o t') N N c.D N "<t- o (f) F1~ ^ ~ L~ I _ '- - - --: ,",,' ..:sJ I~ '" ~ ~ " "'I ~ ~ ~ "" ,n "" . ~ ~ ~. ~ ~ ~I' "" "" 'I ~ ~ ~~. . ""'\ ~~ ~ "- I "'J~" _ I" 6 " ~ ~ ~" : ~ ,~~L ~ ~ ~ I I'" '" ~r::;]"-, ~I '" ~~ ~ , o ~ t') N N {(l N .q- o if) li o If) ill ;;) .- ill N .q- o {/] III 0.... <(0 :2g [I >- -...- l- .. - W 2--1 <{ ~l~ 0, w U1 o CL:::C: DOC 0:::-<:( CLCL o t') n n N to N -q- o (f) o 0;) n t') C>l c.D C>l "<t- O ~ 0:::: '-, - ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO Le. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. -&4:- tP 5"' - /1 Z 7 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Silverleaf Subdivision commonly located at 2683 W. Chinden Road, west of Linder Road in Meridian, Idaho, more commonly known as Section 26, Township 4 North, Range 1 West of the Boise-Meridian, Meridian, Idaho, more particularly described in Attachment" A". This parcel contains 47.66 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. The information contained in this legal description was derived from the data from Idaho Survey Group Exhibit Drawing as attached in Attachment "B". and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the !g~ dayof ..J;:t~? .~2o eN ~? City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: I-I ~ - t? f7 . Adopted after first reading by suspension of the R1lfe as allowed pursuant to Idaho Code ~ 50-902: YES)C NO Second Reading: Third Reading: ORDINANCE SUMMARY - AZ 04--024 SILVERLEAF SUBDMSION - Page 1 January 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 18, 2005 ITEM NO. 16 REQUEST Executive Session per Idaho State Code 67-234S(b}{c) 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: EmaiJed: Date: Staff Initials: Phone: Materials presented at public n'leelfngs shall become property of the City of Meridian. f/~ ftJOJ/o-r- fttffi;~ J.hA;J -~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. RolIMcall Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4,2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04M 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-Q and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04M 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-Q and R-15 zones for Meridian City Council Agenda - January 18, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Sommersby Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval:" RZ 04- 015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retirement complex at Devon Park Subdivision No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04- 049 Request for detailed Conditional Use Permit approval for Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 30-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: I. Engineerina Services for Miscellaneous Wastewater Proiects: J. Westborough Subdivision Lift Station AQreement: K. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Proiect by David Turnbull: L. Award of Bid for Black Cat Lift Station to JC Constructors, Inc.: M. Water Main Easement for Red Robin by Eagle - Fairview Investment Co., LLC: N. Sanitary Sewer Easement for SaQeland Subdivision: O. StreetliQht Agreement for Soda SprinQs by Todd Campbell Construction: P. Streetlight AQreement for Settlement Bridge No.1: Q. Sanitary Sewer and Water Main Easement for R. Orville Thompson: R. Master AQreement and License for Landscape Maintenance Ada County Hiahwav District's Storm Water Drainage Facilities: S. Meridian Fire Department I Ada County Paramedic Stationing and Coordination of Services AQreement: Meridian City Council Agenda - January 18, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Public Works Department - Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: 7. (Items Moved from Consent Agenda) 8. Public Hearing: VAC 04-009 Request for Vacation of existing 20-foot right of way south of the Milk Lateral and vacation of portions of East Granger Street within Redfeather Estates Subdivision by Packard Estates Development, LLC - south of East Ustick Road and east of Duane Drive: 9. Public Hearing: RZ 04-018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Quality Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: 10. Public Hearing: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: 11. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct ilium ination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Renoticed to February 1 J 2005 due to improper noticing 12. Public Hearing: MI 04-017 Request for a Miscellaneous application to operate a food vending operation hot dog trailer in a C-C zone for Steven DiMaria by Steven DiMaria - 1600 Main Street 13. Water, Sewer and Trash Delinquencies: 14. Ordinance No. RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates Subdivision by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: 15. Ordinance No. AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: 16. Executive Session per Idaho State Code 67-2345(b)(c): Meridian City Council Agenda - January 18, 2005 Page 3 of 3 All materials presented at public meetings shaH 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. ( ( ** TX COI... ,t<M>:!TlON REPORT 11<* RS OF JAN 19 'as b~.09 PAGE_ 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MfN/SEC PGS CMDtl STATUS 13 01/18 23:35 PUBLrc WORKS EC--S 01'08" 13133 143 OK 14 01/18 23:36 8841159 EC--S 01'08" 003 143 OK 15 131/18 23:38 20888413744 EC--S 01' 139" 003 143 OK 16 0V18 23:40 POLICE DEPT EC--S 01'07" 003 143 OK 17 01/18 23:41 8985501 EC--S 01'07" 003 143 OK 18 01/1823:43 LIBRARY EC--S 01'30" 003 143 OK 19 01/18 23:45 92083776449 EC--S 01' 07" 003 143 OK 20 01/18 23:46 3886924 EC--S 01' a7" 003 143 OK 21 01/18 23:48 2088886854 EC--S 01'137" 1303 143 OJ< 22 131/18 23'50 208 895 0390 EC--5 01'07" 003 143 OK 23 01/18 23:52 128300040 03--5 01'27" 003 143 OK 24 01/18 23:53 208 387 6393 EC--S €ll' €l8" 003 143 OK 25 01/18 23:55 AD>:! CTY DEVELMT EC--S 01' 09" 003 143 OK 26 01/18 23:57 8885052 EC--S 01'08" 0133 143 OK 27 01/18 23:59 ID~HD RTHLETIC C EC--S 01'08" 003 143 OK 28 0V19 00:00 10 PRESS TRIBUNE EC--S 01' 08" 003 143 OK 29 01/19 00:02 2088885701 EC--S 01'07" 003 143 OK 30 01/19 00:07 3810160 EC--S 01'59" 003 143 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Januwy 18, 2005 at 7:00 p.m. City Council Chambers 1. ROil-cali Attendance; -X- Stlaun Wardle ......lL. Christine Donnell -L Charlie Rountree -L Keilh Bird -K- Mayor Tammy de Weerd 2. Pledge of Allegiance: J"~h lJeuul.".,~ S'ti~"wf Tn? 1~1J 3. Community Invocation by Pastor Shawn Ragan, with Church Of God Seventh Day: ~ 4. Adoption of the Agenda: /lffY'Prl- 4f Pil'o~a..,. 6. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeling: ~II'<- B. Approve Minutes of January 4, 2005 City Council Regular Meeting: it ?JlY'D!/'<.-" C. FIndings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the eXisting Development Agreement for the former Valeri Heights Subdivision for SQmmel'$bv SubdiviSion by Confluence Management, LLC - NEe of West Pine AvenuB and North Ten Mile Road: O/j1T'9\II-C.. D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Prelimimuy Plat approval for 62 building lots (8 office, 33 multi.family, 9 single.family attached, 12 -garage lots) and 6 cammon lots on 12.731 SCrBS in L-O and R-15 zones for Sommensbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: ~__ E. Findings Of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot covlllBge in L"() and R-15 zones for Meridian City Council Agenda - January 18, 2005 PlIQe 1 of 3 All male rials presented .at pub!fc meetln05 shall berome properly of the City or Meridian. Anyone desiring accommodatlon for drsabnftlss related t13 documents and/or hearings, Please contact the City Clerk's Office at 888-4433 at least -48 hours pnor 10 tila public meeling. c ** TX CONF I RMATlON REPORT ** ( ~S OF J~N 18 '0~ lB:13 PAGE.al CITY OF MERIDl~N DATE TIME TO/FROM MODE M[N/SEC PGS CMD~ 5T~TUS EC 5 01' 42" 003 115 OK 06 01/18 1S:11 3810160 -- ___________________ -------~----------------------------~---------~-------------------------- fJ/~ If)tf}-~ f/ddJ'2- ~m;J -~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Christine Donnell _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption ofthe Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single~family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L~O and R-15 zones for SommersbY Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: e, Findings of Fact and Conclusions of Law for Approval: CUP 04~ 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased tot coverage in L-O and R-15 zones for Meridian City Council Agenda - January 18,2005 Page 1 of 3 AU materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or Ilearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. ( " ( ** 1>< CD, ~ j RMATl ON REPORT "'* AS OF JAN 14 'es 1".4S PAGE. Ell CITY OF MER[DIAN DATE TIME TO/FROM MODE M[WSEC PGS CMDIl STATUS 01 01/14 16:14 POLICE DEPT EC--S 013'26" 001 109 OK 132 el/14 16:1589855131 EC--S 013'26" 001 le9 OK 03 01/14 16:17 LIBRARY EC--S 013'30" 001 le9 OK 04 01/14 16'18 92e83776449 EC--S 1313'25" 001 109 OK 135 e1/14 16: 19 3886924 EC--S 013'26" 001 109 OK e6 01/14 16:20 2088886854 EC--S 013'25" 001 109 OK 08 01/14 16'22 2ea 895 e390 EC--S ea' 26" 001 le9 OK 09 131/14 16'23 1283000413 G3--S 013'30" em 109 OK 10 131/14 16'24 208 387 6393 EC--S 130'26" 001 109 OK 11 01/14 16= 25 ADA CTY DEVELMT EC--S 00'26" 001 109 OK 12 01/14 16:26 8885052 EC--S 013'25" 001 109 OK 13 01/14 16:27 CHERRY LANE G3--S 00' 42" 001 1139 OK 14 01/14 16'29 [DAHO ATHLET[C C EC--S ea'26" eel Hl9 OK 15 01/14 16:30 [D PRESS TRIBUNE EC--5 00'25" 0131 109 OK 16 01/14 16:31 2088886701 EC--S 013'26" 001 109 OK 17 01/14 16:36 12084664405 EC--S 00'27" 001 109 OK 18 01/14 16:45 VALLEY TIMES ----S 00' 00" 0013 109 BUSY TH[S DOCUMENT IS STILL IN MEMORY -----------~--------~----------------------------------------------------------------------- ! ,P1CMt:. r(!.St tCf rubHe. NUnce... - I I nllt........" " ;~~~f~ ~;;;;b~~E ~\ < c IDAHO )Y MAYOR Tammy de W""rd CITY COUNCIL MF.MHRS William L. M. Nary Keith Bird ChoTI.. M. Rounlr<e Shaun Wardle Clry D.rARTMFNTS Fire 540 E.. Franklin Road 888-1234/10x 895-0390 PaL'ks &: !~~<:reil-tlon H E. Bower Str".t 688.35791 fox 898.5501 Pl.nning !or. 7,onln~ 660 E. WaLerl.>"'.r tane Suit~ 202 ~!;4-55331 f~~ S88'~~54 Police 1101 E. WOle't(>w~r Lane II/1S-667S{ fa" M6.7J66 Publi, Work. 660 E. Wutertower L.1ne sua. 200 698-55001 (ox 698-955'1 - BuHding 6~O R. W.t~l'towe' Lane SllUC 150 8S7-2211/f.x S87-12~7 - S"W~T rWWTP) 3401 N. Tr:n Mil. Road 88S-21911fox R84-Q744 ~ WaLel' 22J5 N. W. Blh Sfr..t 885.52421 f." 8M.) ) 59 NOTICE OF PRE.COUNCIL MEETING MERIDIAN CllY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall. 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 18, 2005 at 6:30 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 issue: - Presentation on the Downtown Transporlation Plan The public is welcome to attend the meeting. DATED this 14th of January, 2005. d#-A CITY IMLL 33 EAST IDAHO AVENUE MERJl)IAN, IOAHO 83642 (2081888-4433 ,'.H\' C, f,"'~-ll\X 8864218 HlIll.\M RF.S(}V"n:s_~.\X 88",8723 rlM."'"- . Ii,",L1n "II.LI~L-F^X 887.4813 ~J..\Il1"'S Ol'l'l(li-h\~ 884.8110 ** TX CONFIRMATION REPORT $>I< AS OF JAN 14 '05 lB:22 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDU STATUS 137 131/14 16: 22 VALLEY TIMES ----5 00' 013" 000 105 BUSY THIS DOCUMENT IS STILL IN MEMORY _____ --------------~-----------------------------------------------------~------------------ I .'-'-'\.'-'.... l'-''''' n.A 'LU::::>\ \(,... \\It)T lLL..' l U~ ~ \ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve MInutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-O and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Meridian City Councll Agenda - January 18, 2005 Page 1 of 3 All materials presented at public meetings Shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contaC1 the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. ~p /CJTYOF ~. ~lerldltin-~-..f; ~"'\ j IDA.HO ~ ~ j) 1(;;,. /' ~i/l.1t l' (~e ~nU:_'-."'l.ll.!;,; '\'.\I..l:.'....; MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-52421 fax 884-1159 / P\p"st: HJ,s\- ftr ?UbtfG NOt\re.- -mo..(\K~~ \. NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 18, 2005 at 6=30 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 issue: - Presentation on the Downtown Transporlation Plan The public is welcome to attend the meeting. DATED this 14th of January, 2005. Jf~4 WILLIAM G. BERG, J CITY HALL 33 EAST IDAHO AVENUE IvIERIOIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888.4218 HU~I.\N RESOURCES-FAX 884.8723 FIN,\NCE & liTILlT\ BILLING -FI\X 887-4813 MAYOR'S OFFICE-FAX 884.8119 "' /'''' , l'i ** TX CD," lRmTION REPORT 1l<* AS OF JAN 14 '05 l<-.l~ PAGE. Ell C1TY OF MERIDIRN OAT!:: TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 131/14 15:34 PUBLIC WORKS EC--S 00'59" 0133 105 OK 113 131/14 15:~7 12084664405 EC--S 01 '01" 003 105 OK 11 01'00" 13133 105 OK 12 131/14 15:38 8841159 EC--S 01/14 15:41 2088840744 EC--S 01'01" 003 105 OK 13 00'58" 003 105 OK 14 01/14 15:42 POLICE DEPT EC--S 00'59" 003 1135 OK 16 01/14 15:45 89855131 EC--S 01'18" 003 105 OK 17 131/14 15:47 LIBRARY EC--S 01/14 15:4892083776449 EC--S 013' 58" 003 105 OK 18 00'59" 003 H35 OK 19 01/14 15:50 3886924 EC--S 00'58" 003 1135 OK 213 01/14 15:51 2088886854 EC--S 00'59" 0133 HIS OK 21 01/14 15:53 208 895 0390 EC--S 01'15" 003 105 OK 22 01/14 15:54 1283000413 G3--S 00'59" 003 105 OK 23 131/14 15:56 208 387 6393 EC--S 01/14 15:58 ADA CTY DEVELMT EC--S 01' 00" 003 105 OK 24 la0'59" 003 105 OK 01/14 15:59 8885052 EC--S 25 01'53" 003 105 OK 26 131/14 16:01 CHERRY LANE G3--S 2? 01/14 16:04 IDAHO RTHLETIC C EC--S 00'59" 003 1135 OK 28 01/14 16:05 ID PRESS TRIBUNE EC--S 00'59" 003 1135 OK 00'59" 0133 105 OK 29 01/14 16:07 2088886701 EC--S ------~------------------------------------------------------------------------------------- . ''-''''I.~__ IV,.>' , U I LU::::>\\t.:.- wu-r tU-' I Ill.... ........, \ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance~ Shaun Wardle _ Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4.2005 City Council Regular Meeting; C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I reptace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, lLC - NEC of West Pine Avenue and North Ten Mile Road; D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 mulU-family, 9 single-family attached, 12 -garage lots) and 6 common tots on 12.731 acres in L-O and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law fOT Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Meridia n City Council Agentfa - January 18. 2005 Page 1 of 3 All materials presented at public: meetings Shall become property of tne City of Meridian, Anyone desirin9 accommodation for disabilities related to documents and/or heiitrings, please contact Ine City Clerk's Office at 888.4433 al leasl 48 hours prior 10 the pUblic: meeting, P\LA~C ?95t fer PLlbhc- NO+-tLC -1h~~ ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-O and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Meridian City Council Agenda - January 18, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Sommersby Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retirement complex at Devon Park Subdivision No.2 by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04- 049 Request for detailed Conditional Use Permit approval for Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 30-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: I. En"ineering Services for Miscellaneous Wastewater Proiects: J. Westborough Subdivision Lift Station Agreement: K. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Proiect by David Turnbull: L. Award of Bid for Black Cat Lift Station to JC Constructors, Inc.: M. Water Main Easement for Red Robin by Eagle - Fairview Investment Co., LLC: N. Sanitary Sewer Easement for Sageland Subdivision: O. Streetlight A"reement for Soda Springs by Todd Campbell Construction: P. Streetlight Agreement for Settlement Brid"e No.1: a. Sanitary Sewer and Water Main Easement for R. Orville Thompson: 6. Department Reports: A. Public Works Department - Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: Meridian City Council Agenda - January 18, 2005 Page 2 of 3 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. 7. (Items Moved from Consent Agenda) 8. Public Hearing: VAC 04-009 Request for Vacation of existing 20-foot right of way south of the Milk Lateral and vacation of portions of East Granger Street within Redfeather Estates Subdivision by Packard Estates Development, LLC - south of East Ustick Road and east of Duane Drive: 9. Public Hearing: RZ 04-018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of Treasure Valley by Irma Jean Phillips - 544 West Cherry Lane: 10. Public Hearing: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: 11. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Renoticed to February 1, 2005 due to improper noticing 12. Public Hearing: MI 04-017 Request for a Miscellaneous application to operate a food vending operation hot dog trailer in a C-C zone for Steven DiMaria by Steven DiMaria - 1600 Main Street 13. Water, Sewer and Trash Delinquencies: 14. Ordinance No. RZ 04-012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Raymond Estates Subdivision by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: 15. Ordinance No. AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: 16. Executive Session per Idaho State Code 67-2345(b)(c): Meridian City Council Agenda - January 18, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONF If... ;. or I ON REPORT ** ( AS OF JAN 14 '121:5 18 ;23 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDlt STATUS 01 131/14 18:07 ID PRESS TR1BUNE EC--S 131'01" 003 l1S OK 132 01/14 18:08 2088886701 EC--S 131'131" 003 115 OK 03 01/14 18:14 PUBLIC WORKS EC--S 131'01" 003 115 OK 04 01/14 18:23 VALLEY TIMES ----5 013' 00" 000 115 BUSY THIS DOCUMENT IS STILL IN MEMORY ------------------~----------------------------------~-------------------------------------- f/~ loJ1-~ 1Mf;~)hm;J -~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Roll-can Attendance: _ Shaun Wardle _ Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: a. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval; Ml 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: P. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 bUilding lots (8 office, 33 multi~family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L~O and R-15 zones for Sommersbll Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: Eo Findings of Fact and Conclusions of Law for Approval: CUP 04. 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-Q and R-15 zones for Meridiem City Council Agenda - January 18, 2005 Page 1 of 3 All materials presented at public meelings shall become properly 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. ** TX CO. ~ATION REPORT ** ( . AS OF JAN 14 '0:..d:06 PAGE. 01 CITY OF MER] DIAN DATE TIME TO/FROM MODE MIWSEC P(;S CMDll STATUS 19 01/14 17:448841159 EC--S 1il1'02" 003 115 OK 20 131/14 17: 45 2088840744 EC--S 01' 03" 003 115 OK 21 01/14 17:47 POLICE DEPT EC--S 01'01" 003 115 OK 22 01/14 17:49 8985501 EC--S 01'00" 003 115 OK 23 I2lV14 17:50 LIBRARY EC--S 01'20" 0133 115 OK 24 131/14 17:5292083776449 EC--S 01'01" 1303 115 OK 25 01/14 17: 53 3886924 EC--S 01' 01" 003 115 OK 26 01/14 17:5521388886854 EC--S 01'01" 003 115 01< Z7 01/14 17: 57 208 895 0390 EC--S 131' 131" 1303 115 OX 28 01/14 17: 58 128300040 G3--S 01' 17" 0133 115 OK 29 131/14 18:00 208 387 6393 EC--S 01'00" ee3 115 OK 30 01/14 18'01 ADA CTY DEUELMT 5C--5 01'lal" 0la3 115 OK 31 01/14 18:03 8885e52 EC--5 01'01" 003 115 OK 32 01/14 18'05 IDAHO RTHLETlC C EC--S 01'01" 003 115 OK --~----------------------------------------------------------------------------------------- fJ/~ !orf}-!H- f~~ I-hIt0 -~ CITY OF :MERIDIAN CITY COUNCIl. REGUl.AR MEETING AGENDA Tuesday, January 18,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Christine Donnell _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan. with Church of God Seventh Day 4. Adoption ofthe Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting; C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend I replace the existing D evetopm ent Agreem ent for the former Valeri Heights Subdivision for SommeTsbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 muftl-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-Q and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-Q and R-15 zones for Meridian City Council Agenda - January 18, 2005 Page 1 of 3 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contaclthe City Clerk's Office at aa8-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMh, JON REPORT ** ( AS OF JAN 18 '05 18:09 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS" 04 01/18 18:07 3810160 EC--S 01~38:_~~:_____~~=____~~_________________ ----~--~--------------------------------------~------ -- . .'-'^...,~ '....,..>1 1 LA I LUOHc...... lVU"lU-. I J u.u ""'-4' \ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2005 at 7:00 p.m. City Council Chambers 1. Roll.call Attendance: Shaun Wardle _ Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of law for Approval: MJ 04- 011 Request to amend I replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approvaf: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office. 33 multi-family. 9 single-family attached, 12 -garage rots) and 6 common lots on 12.731 acres in L-O and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC - NEe of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04- 040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Meridian City Council Agenda - January 18, 2005 Page 1 of,3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8B8.4433 at least 48 hours prior to the pUblic meeting. To: Meridian City Council RECEIVED JAN 1 8 2005 City of Meridian City Clerk Office Memo Ada County Highway District Commission From: Steering Committee Date: January 18, 2005 Re: Preferred Alternative for Downtown Meridian Traffic The Steering Committee supports the process and results of the Downtown Meridian Transportation Management Plan. We established evaluation criteria that consider three different types of impacts: transportation, community, and fiscal. We used these criteria and public input to narrow our evaluation from nineteen to six to three alternatives. The top three alternatives then received in-depth analyses over the past two months. Through these analyses, we have concluded that the 'Split Corridor' option along Main Street/Meridian Road best meets the combined transportation and community needs of the City of Meridian. We also support adopting the Plan as an addendum to the City's Comprehensive Plan so that the Split Corridor alternative is considered in future land use dedsions. We understand that there are still many unresolved issues concerning implementation and funding related to constructing the corridor. We encourage the Meridian City Council and Ada County Highway District Commissioners to work together to further refine the design of the corridor and to resolve the funding issues. Thank you for your consideration, Steering Committee Committee Members: Steve Siddoway Bruce Mills Anna Canning Linda Rupe Terry Little Terry Smith David Zaremba Kelli Fairless Charles Trainor Sue Sullivan Capt. John Overton Downtown Meridian Transportation Management Program. Priorities Used to Evaluate Circulation Alternatives & Final Evaluation Scores Prepared and Unanimously Endorsed by the City's Steering Team, Fall, 2004 (Steering Team is Composed of Meridian Citizens from a Broad Range of Backgrounds) Community Priorities: .:. Compatible with community vision and probable land uses .:. Encourages strategic development of downtown as the heart of Meridian .:. Compatible with Downtown as a pedestrian-oriented center .:. Fosters multi-modal lifestyles .:. Fosters environmental quality .:. Provides high potential for public acceptance and use .:. Allows for emergency vehicle access and routing .:. Accommodates parking and commercial deliveries .:. Minimizes impacts to historic structures Transportation Priorities: .:. Integrates adequately with the regional transportation network. .:. Minimizes congestion by providing for reasonable traffic flow and capacity .:. Preserves opportunities for longer-term community development goals .:. Appropriately distributes regional traffic while accommodating local traffic .:. Promotes a safe pedestrian friendly environment .:. Provides connections and signage to enhance circulation in all directions .:. Accommodates multi-modal (multiple modes of) transportation Fiscal Priorities: .:. Compatible with reasonable project costs, .:. Compatible with reasonable maintenance costs .:. Provides for phased implementation Final Evaluation Scores for Each Alternative and the Base Condition Scores are the Result of Multi-Criteria Evaluation, Which Measures Relative Performance of E h AU ti ' C t th Oth (R' h 'B er) ac ema ve m omparzson 0 e ers z~t er 15 ett ALTERNATIVE Base A B C Widen Split I Total Weighted Scores Couplet Merid'n Rd Corridor Transportation Impacts 2 19 17 27 Community Impacts 13 22 49 52 Fiscal Impacts 15 5 -9 -3 I Grand Total 29 47 57 75 Summary of Primary Advantages & Disadvantages Among the Three Circulation Alternatives for Downtown Meridian Alternative A: One-Way Couplet Advantages .:. Minimal additional right-of-way required; easiest to phase .:. More efficient operations at Central/Waltman intersection .:. Complements existing south end auto-oriented development .:. Moderate construction cost Disadvantages .:. Inconsistent with Downtown goals and objectives .:. Requires significant change in driving patterns Alternative B: Widen Meridian Road Advantages .:. Shifts heavy through traffic to Meridian Road from Main, supporting Downtown development goals Disadvantages .:. Right-of-way acquisition cost high .:. Complicated reconfiguration of the intersection at Central/Waltman needed .:. Results in excess right-of-way on Main (Central to Watertower) Alternative C: Split Corridor Advantages .:. Shifts heavy through traffic to Meridian Road from Main, supporting Downtown development goals .:. Addresses both existing south end auto-oriented development and north end pedestrian oriented development .:. Most consistent with community development goals .:. More efficient operations at Central/Waltman intersection .:. Moderate construction cost Disadvantages .:. Right-of-way acquisition cost high .:. Requires significant change in driving patterns