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Home My WebLink About2005-01-25 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 25, 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. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: Presented (*20 minutes) 4. Quarterly Finance Report by Stacy Kilchenmann: Presented (*10 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 25, 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 25, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _X Shaun Wardle 1 Christine Donnell =z= Charlie Rountree --$- Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: ~jJYv V'-e... 3. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: ~rY~v6 (*20 minutes) 4. Quarterly Finance Report by Stacy Kilchenmann: (*10 minutes) ;J/'e~~ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 25, 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. '~J~~ cU;; CITY 01' m!j~l -".... _0.-, .., erldiaiiC.]l~' "'\ I Di\f-IO f ~~, / r:;. /' ""(Ii' ,. Il'r 'fHI-.c\,'-;t"Br. ....,..'J.~I.:."'i MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle On 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. Watel'tower Lane Suite 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 i NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 25,2005 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: - COMPASS Presentation on the Communities in Motion Plan by Toni Tisdale - Quarterly Finance Report The public is welcome to attend the meeting. DATED this 21 st of January, 2005. J~;i CITY HALL 33 EAST IDAHO AVENUE MERIDlt\N, IDAHO 83642 (208) 888-4433 CITY CLEHK-E\X 888-4218 HU.\IM,' IlESOUHCES-FAX 884-8723 FINANCE & UTILITY BILLING-FAX 887-4813 ~l,won's OFFICE-I'I\X 884.8119 February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of January 25, 2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DE?T: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Pre-Council Meeting Januarv 25. 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, January 25,2005 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Ted Baird, Doug Strong, Bill Musser, Anna Canning, Kenny Bowers, Brad Watson, Stacy Kilchenmann 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. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: Tisdale: I am a principal planner at COMPASS, Mayor and Members of the Council. COMPASS does the regional long-range transportation planning for the Valley in both Ada and Canyon Counties and in the past we have had multiple plans for transportation and we have had destination 2030 as the latest plan for Ada County and moving people 2025 is the current plan for Canyon County. When we were looking at doing an update for the long-range transportation plan, we were looking at combining those two for the first time that we have ever looked at both of the plans regionally. About the time that we were looking at this, ITD got a new director and that's David Eckern and Director Eckern was looking at some of the applications that we had applied for reauthorization and the larger item funding sources and he said you all are dreaming too small Meridian CITy Pre-Council Meeting January 25, 2005 Page 2 of 9 because our biggest project at the time was about 18 to 20 million dollars. He said if we work together on this we can go for 150 million dollars and we can actually get it. So, we ended up partnering with ITD - Charlie's eyes went up- we partnered with ITO because they needed a plan for the rural counties that are outside of Ada and Canyon and so we are looking truly regional, so we are including a more detailed portion of Ada and Canyon Counties and also looking at Elmore, Gem, Boise and Payette Counties. Of course the focus will be on Ada and Canyon because we have federal regulations that require us to do more detail within the metropolitan areas, I have handed out a packet of some of the information, This (inaudible) is called Communities in Motion and in November of last year we held some major workshops. In the past, we have always used a growth scenario for determining what types of projects we needed by looking at the trend and what has happened over the last 10 to 20 years and this time we are looking at things a little big differently and we are looking at several different growth scenarios and kind of test scenarios of what would happen if development was this way or a totally different way compared to trend. So, we held the workshops in November and those were basically a land-use scenario process, We had 500 people in Ada and Canyon and a few of the surrounding areas as well. We had 40 different tables, so we had 40 maps developed and from those maps we had developed six different scenarios. Recently they were combined a little bit farther down into four. Our consultants called these scenarios crash test dummies and so they go through multiple tests and analysis and two of them didn't pass the test so we have actually combined two of them into one and we have taken one off. We will still do all of the documentation on that one, but it has dropped off for further analysis. The next steps on this is in February on the 2nd and 3rd we are holding the next series of meetings. Those will be to refine the land use maps that we have developed so far as well as provide more of a transportation base. The last time people were allowed to put transportation projects or dreams onto the map, but it wasn't restrained by anything and this time it's going to be restrained by the finances that we see available in the next 25 years. So, all of you are strongly encouraged to attend those. We have had very, very favorable comments about the process. It's a game, actually, it's a lot of fun and some of the information of why we ended up going the way we did is in your packet. A lot of it was based on commuting patterns, so we have seen that a lot of the people that live in Elmore, Gem, Boise and Payette Counties are coming into Ada and County to work and to play and so that the highway systems throughout the region are inter connected and that's more of the approach that we are taking at this time, There is a card in your packet that we would like to get back from you to find out which workshop that you would like to attend and saying that you will be coming. So, there were two in Canyon County and three workshops in Ada County. I would like to stand for any questions about how we got to the point of Communities in Motion or what we expect to come out of this process. Wardle: Council any questions? Meridian City Pre-Council Meeting January 25, 2005 Page 3 of9 De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I was looking at this fax sheet on the amount of population growth and I looked at the third bullet and it noted over the next 25 years of Boise and Eagle - the Boise and Eagle are expected to have fast paced growth rates. I think Meridian hands down has been growing at a rate more rapid than either Boise or Eagle. Is it the Boise, Meridian and Eagle areas or - it doesn't even read right - Tisdale: Where are you looking? De Weerd: The third bullet point on this backstreet. Tisdale: Yes, it should probably include Meridian as well because Meridian is one of the faster growing areas and - De Weerd: But, I guess if Eagle continues to grow trending out how they have been, they will just take over all of Ada County anyway, so - Katie, you did not hear that -- please strike that from the record. Tisdale: The larger of the three page fax sheet there is a forecast on population growth and we have realized that some of those population forecasts may be a little bit low and these are based on John Church's figures for the county and then broken down into the city levels. We are looking at doing some revisions to those because it has been pointed out by several of the cities throughout the region that they do seem a little bit low. De Weerd: Especially if you look at how we have been growing just this last year. Mr. Chair, I guess I would like to encourage all of you to be involved of the 500, over 500 participants (inaudible---) were there during our fall workshop, eight percent were Meridian residents and we are at a critical point here in Meridian, we have to pay attention to what (inaudible) are planned because they are all around us and all of the traffic travels through us and so of many of the communities in this Valley, Meridian in particular has a lot at stake and so if you can encourage people that you know to provide input into this - it is an opportunity and to provide their input, it would be very helpful. Tisdale: I did want to add that this process Communities in Motion, at least at this point with the scenario process is working hand and hand with (inaudible) for good growth and I know that's near and dear to your hearts at this time. Our consultants are working with their consultants and we are all working together on this process and what comes out of the scenario process will be used for both studies. So, it's working together and itls building a coordinated effort through this process. Meridian City Pre-Council Meeting January 25, 2005 Page 4 of 9 De Weerd: Again, just to follow up with - what is a little scary with the growth scenarios is they are putting a lot of densities in our cores and actually densities throughout our city without adequate infrastructure, we couldn't even attempt to start doing or changing trends to the higher density in our community in particular without the infrastructure to support it. Tisdale: Right. We are looking out 20 to 25 years too and part of the reason that people were pitting a lot of density when they were planning their land use was for the possibility of transit and there was a lot of interest in transit use during the November workshops. So, it would be an adjustment throughout the Treasure Valley with different types of densities, but it had a lot of mixed-use too. A lot of mixed, regular types of subdivisions and lower densities as well as the high densities. Wardle: Mr. Rountree. Rountree: Mr. President. Toni, I apologize for not knowing what I should know, but - (inaudible) down to detail you might not even want to deal with, but in the scenario planning at least the way it was described to me was in the next workshop is that certainly the work at hand is trying to identify the transportation investment over the next number of years. What kinds of dollars are you anticipating looking at what kinds of increments are those going to be delivered? Are they 5, 10, 15, 20 or 3D-year projections and what kinds of ballpark figures are we talking about investment wise? Tisdale: I don't have that level of detail with me, but I know that our consultants have looked at every type of funding that is available in the Treasure Valley throughout all the jurisdictions and that is what we are basing our forecast on. It would be a forecast of 25 to 30 years. Rountree: Do you have any idea of what kind of factors you are using to inflate those values over 20 or 30 years? Off the top of your head? Tisdale: I don't. I haven't seen the final reports on what they are using. Rountree: Okay, thanks. I don't know if Matt has seen those or not. Inaudible discussion. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I think that 1.6 billion dollars is a price tag on the Governor's list. I guess I would also ask if product from this might not only be those projects that Meridian City Pre-Council Meeting January 25,2005 Page 5 of 9 would be funded during that time period, but also in identifying transportation corridors, so our land use can start being more in line to - is this going to be a five-lane road? Is it going to be a restricted access type of highway and those kinds of things? Tisdale: That is exactly the goal of this plan is to look at things on a corridor type level and do that sort of planning so that that would be available to you for land use planning along the way. That is a huge goal. De Weerd: Thank you. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Toni, I went right to the cost, which is not unusual, but on your fax sheet, the three page sheet on the second page where it talks about what is the cost for the plan - I am not quite sure what it means in addition to the staff time of three to four work years per year. Tisdale: Right. We have several different staff members working on the project. So, three to four people working on it - Donnell: - work years, per year? Tisdale: That is correct. It is like a two-year program. We started it last year and it'll finish by February 2006. Donnell: I am sorry to be so dense, but what you are meaning is that there are three to four staff members working one year, per year? Tisdale: Actually we have about 20 employees and many of them are working on various aspects. Donnell: I think that I would suggest that that be reworded if this is distributed other places, but I will go on with my next question - I mean because I think that is real confusing at least it certainly is to me. (Inaudible discussion) Donnell: And I also am questioning the million dollars that will support technical consulting services. Is that in addition to the staff members that are -? Tisdale: Yes, ma'am it is. COMPASS has put in $500,000 and ITD has also put in $500,000. Meridian City Pre-Council Meeting January 25, 2005 Page 6 of 9 Donnell: Additional from --? Tisdale: No, that's what makes up the million. Donnell: Okay, thank you, Tisdale: And ITD is focused on the rural counties and COMPASS staff isn't going out and doing outreach into those - the ITD staff is doing that portion. Wardle: Council, any other questions? Donnell: I have none. Wardle: Thank you very much Toni and we will spread the word that public involvement is important in this process. Tisdale: Thank you. I hope to see you on February 2nd or 3rd, De Weerd: I have already RSVP'd. Item 4. Quarterly Finance Report by Stacy Kilchenmann: Kilchenmann: Good evening, We are going to be discussing the 12-31-04 financial statements, our first quarterly financial statements. I am just going to kind of do a summary over everything. I am not going to go through each individual page. The first thing that I wanted to call your attention to are investments. At the end of December the city had $65 million in cash and investments and it's interesting to note that $3 million or five percent of that balance is in cash and checking. It takes us about three - at a very extreme if we completed a huge project to $5 million a month to operate, so we are kind of reaching our goal of minimizing the balance we have in cash and maximizing the balance we have in investments. Last year, just for comparison, at the end of December we had $54.7 million in our cash and investments and 10 percent of that balance was in cash, so we are moving in the direction that we want to go. One really exciting opportunity we have had is to move funds into the Idaho Bond Account, which late this summer was open to the cities and that it has a high rate and very minimal fees. They just charge us - we split the fee among all the different agencies and cities and it's really low, I mean it's like maybe $3 to $800 a month. We look at a two year commitment to get the highest return on those funds, but that is why we are really starting to focus a lot on cash forecasting and the long term capital improvement funds so we can just squeeze every sent we can out of our investment balance. If you look at the interest rate graph, you can see that rates are slowly inching up. Most of the increase so far has occurred in those real liquid short-term funds where the interest rate is only around two percent. So, those move faster than of course the longer term interest rates do, but hopefully in the position that the city is in with the high investment, low Meridian City Pre-Council Meeting January 25, 2005 Page 7 of9 borrowing position we want interest rates to move up. So, that is a good thing. Then if we look on the revenue side, special services if we look at them, P&Z is probably just slightly under right at budget revenue wise. The Building Department of course on the other hand is 60 percent increase over where they were last year. (Inaudible---) huge increase over the budget. So, last year at this time, they had $700,000 in revenue and this year they are already at the end of December at $1.2 million. It's interesting that the revenues have increased 60 percent, but the expenses have only increased 53 percent, so we are staying a little bit ahead of the curve there, which means more money for our capital improvement fund. The enterprise fund, the assessments are way above budget, 60 percent above budget. The utilities sale side, the water, the dollar amount is 12 percent over this same time last year. We had 2,500 more accounts at the end of December than we had at the end of December last year. Sewer is up 22 percent over the same time last year with 2,400 more accounts compared to the prior period. So, you can see there is quite a bit of growth there. The general fund going along with all the growth and building and building permit fees and so forth. Park impact fees at this time last year were 255,000. This year we are at 480,000. The rest of the general fund revenue, the property tax, the revenue sharing and the franchise fees are not going to be reflected in these statements because they come in - we just got property tax and they kind of come in between now and the next couple of months. So, the next quarter we will have a better picture of the general fund revenue. On the expense side, the enterprise fund OE and PC are operating (inaudible) personnel costs are below budget. Capital is still just - we spent just a fraction of the budget. General fund, everybody is (inaudible) below budget, but one of the reasons is everyone, enterprise, general fund are experiencing salary savings due to new positions that were budgeted that haven't been filled yet. The next thing that I want to talk about is the budget amendment. We have a few items that we have added. That's on page 18. First item we have some drug seizure receipts for $12,531 so we will need to amend revenue and then amend the expense side so they spend that. Then we have a group of accounts where basically what we are doing is we are taking the contract of legal expense that's in contract professional services and moving them into a budget for HR and for the attorney's office. So we are just taking that money out of operating and moving it into capital outlay in personnel. So, that's what the item number 5 is. Item number six, as you remember at the last summer you appropriated - well, we did a budget amendment to appropriate some money for Parks to repair the doors at Tully Park and they just did that - paid for that last month and they didn't have the money in a carry forward so the money got absorbed back into the appropriated balance. So, we need to go back in and re-appropriate that again. Are there any questions on those amendment items? I just wanted to give you kind of a quick summary on the Finance Department. On the accounting side, we are busy. I can talk about the auditor, I cannot talk about the auditor. We'll talk about that next week. We are looking at a lot more payables of course as the city grows, more contracts, more agreements, we are kind of - our long range planning is- plus we have the budget coming up - that's coming right up in the revenue Meridian City Pre-Council Meeting January 25, 2005 Page 8 of9 projection. So we are working right now - some of our big projects we are working on right now is we are working on a 20-year capital improvement plan, which is a big job. We are looking long tenn, payroll is increasing, and we are looking at contracting out payroll and automating time cards. We eventually would like to integrate the department purchase order system, so they are not all operating on one system and it's all one system. For IT staff we hired - we doubled our staff. We hired our second person. His name is Mark Messenger and he IS very good. We got lucky with him. The big project that we are looking at right now is the RFP that has gone out for the Wide Area Network so that will enable a lot of the departments have big wish lists and able to do once we can file share with the Wide Area Network. Utility billing, obviously as I went over, the accounts are increasing rapidly, Besides just the number of accounts, we have the title company request for payoff. Those are just astronomical. Those come in off that fax machine all day long and the third party directive are another real labor intensive, a lot of transactions. So, the current project that with Ted's help we are just completing is the lockbox contract with a company called BDS, that's in Caldwell. We finally are ready for the final signatures and to bring that contract in front of you. Hopefully, next week after we find out whom our new liaison is and check with that person. Then we can start the testing phase, So, the other item we do have pretty much the final audit and we will talk about the management disclosure analysis next week, which is very good. I think it will be good news for the city. Our net asset position has increased and it just looks good. Are there any questions? Oh, one more thing. I put a new policy -It's a draft of our grant policy - we are not going to discuss it, but rather than email it to you, I just gave it to you tonight and we will get that on the agenda. Okay, now are there any questions? Wardle: Mr. Bird. Bird: Yes, Stacy, very, very good report. I spent time over it today at home and as usual very, very good report. I am looking forward to the final audit for the taxpayer. Let me explain that for you guys that didn't know. Stacy and I had a little chat this morning over the audit. Back in 1998 when I came on board here, we hadn't had an audit in the City of Meridian since 1991 that had been approved. So, with our Council President who at that time was Mr. Rountree, we set a time limit of being January 20th for our audits to come out every year - it's only prudent to do that for taxpayer's dollars and somebody in our auditing - not our people, but our auditor that we hire got the date screwed up this year and that's the reason it wasn't (inaudible) by the January 20th date, so it wasn't anything to do with our staff. Our staff does a great job and we appreciate the work that they do turn out. There is five of them in there and they run a very large business and have to watch out for all of us and make sure that we all do it right and I appreciate the work that Stacy and you guys do and I understand - the audit, we did set that for a reason. De Weerd: Mr. President. Meridian City Pre-Council Meeting January 25, 2005 Page 9 of9 Wardle: Madame Mayor. De Weerd: I guess the 20th is set in stone - and as we continue to grow and GATSBY requirements become a Jot more time intensive for the audit.team, we might want to at least consider moving that to an end date of the end of January. I don't know - I am sure there was great wisdom behind choosing the 20th. but maybe the end of January might buy a little bit more time to make sure that all the "I's" are dotted and "t's" crossed. Bird: Madame Mayor, I think the 20th come up - if I remember right, Mr. Rountree, I think it was the auditors that gave us this - so they are the one. Not our people. Rountree: Madame Mayor, if I might, that just explains the importance of historians. De Weerd: Well, if you can't answer a question why then there probably wasn't a darn good reason to begin with. Wardle: I think that will be a great discussion for next week in the audit report to talk about. Council, is there anything else from Stacy? Thank you very much Stacy. Very well compiled work and we appreciate it That brings us to the end of our agenda. So, I would entertain a motion to adjourn. Bird: So moved. Donnell: Second. Wardle: All in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 2 I 1-2-, tJ7 DATE APPR ATTESTED: J!~A WilLIAM G. BERG, '1 't: l J~~ ~ l J l"" J' ,if January 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 25, 2005 ITEM NO. 3 .. REQUEST COMPASS Presentation on the Communities in Motion Plan by Tont Tisdale 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: f~t ( 1fsJJV ..,~ Contacted: Emoiled: Date: Staff Initials: Phone: Materials presented at public meelfngs shall become property of the City of MeridIan. GRANT EXPENDITURES AND FINANCIAL REPORTING PROCEDURES DEPARTMENT OF FINANCE RECEIVED JAN 2 5 2005 City of Meridian City Clerk Office Adopted; Purpose Grant funds must be expended in accordance with federal law and regulation. Cities are subject to the Federal Office of Management and Budget Circular A-I 02. Grant recipients are subject to audit's that scrutinize the accounting system of internal control and the allowably of the expenditures. Therefore grant expenditures and grant financial reporting need to flow through the accounting department. Additionally, grants often require City resources to match grant expenditures. Match may involve in-kind expenditures such as office space or employee time or may require an additional appropriation to expend funds. References Defi nitions Grant: A conveyance of funds or services to the City to subsidize a public project or program. Grant Program Manager: The person designated by each City department who will be in direct operational charge of the project. Also known as the Applicant. Grant Coordinator: Finance Department staff member assigned responsibility for grant financial record keeping and reporting. Finance Department: The City Department responsible for the City's accounting and financial reporting. City Clerk: the City Department responsible for Circular A-102 - The document used by the Office of Management and Budget to define grant expenditures that are allowable under federal law for states and local governments and Indian tribes. Grant Agreement/Award - The document that notifies the grant applicant that they have received the grant and defines the tenns of the grant, reimbursement/draw procedures, and financial and performance reporting requirements. Signed by the Finance Director and the Mayor. PROCEDURE I. Pre-Application . The originator will meet with the Finance Director to determine the grant's impact, if any, on the City's staffing needs, budget appropriation and spending authority, and need for additional City resources. A. The Program Manager will obtain approval from the City Council and the Mayor to submit the application. This approval includes approval for additional spending authority and additional City funds for match if required. B. The Program Manager will provide the Finance Department with a copy of the grant application. The Finance Department will log the application in an "awaiting notification" file. II Notification The Program Manager will notify the Grant Coordinator if the grant is awarded or not. I I I. Grant Awarded A. The Finance Director and Mayor must sign the grant agreement and Initial the grant special conditions. The City Finance Director is the Grant Financial Officer. A copy of the grant agreement will be provided to the Grant Coordinator. B. The Program Manager is responsible for notifying everyone impacted by the grant. 1. Employees who are required to document their time to meet match requirements are to be given written or verbal instruction on how to do so. C. All grants require spending authority. The Program Manager should request spending authority for the grant as a budget enhancement. The spending authority should be requested when the grant is applied for even if it has not been a warded. D. The Finance Accountant will assign the grant a project number that will be used to track that grant's expenditures. IV. Post Award- Processing Grant Expenditures A. Program Managers are responsible for ensuing that all grant expenditures are necessary and reasonable, allocable, allowable under federal, state or local laws or regulations, and are treated consistently as follows: . I. Codified Federal Regulations Department of Justice - 28CFR Part 66 Department of Education - 34 CFR Part 80 Corporation for National and Community Service - 45 CFR Part 2541 Department of Health and Human Services - 45 CFR Part 92 2. Office of Management and Budget (OMB) Circular A-I 02 (States and Local Governments, Indian Tribes) Cost Principals A-87 Circular A-II 0 (Institutions of Higher Education, Hospital, and Other Non-Profit Organizations) Cost Principals A-21, Educational Institutions Cost Principals A-122, Nonprofit Organizations 3. In accordance with the grant agreement. 4. In accordance with City of Meridian Purchasing Policy Resolution 02-389. 5. Resources - Internet sites http://pula.financenet.gov:80/wwwlib.htm http://www2.whitehouse.gov/WH/Welcolll-nt.html B. Purchase Orders 1. Grant Expenditures require purchase orders in accordance with City of Meridian Purchasing Policy. The grant project number assigned by the Finance Depmtment should be on the written on the invoice and/or the purchase order. The expenditures will be processed in the same manner as other City InVOices. 2. Grant Program Managers are responsible for ensuring that all purchase orders and invoices are submitted for payment to the Finance Department in a timely manner. 3. The Grant Coordinator will review expenditures to make sure they are in compliance with applicable federal and city rules and regulations. <, ' C. Draw Requests I. Only the Finance Department will establish direct deposit and reimbursement accounts. The address for all financial transactions will be City of Meridian, Finance Department, City Hall 33 East Idaho 83642. 2. Draw requests will be prepared and submitted by the Grant Coordinator at least quarterly or as specified by the grant award. 3. The Grant Coordinator will maintain a draw log for each grant showing the budgeted amount of the grant, and the amount and date of each draw-down. 4. The Finance Department will record grant draws as receivables to the City. See Exhibit XXX D. Financial Reporting I. The Grant Coordinator will prepare all required financial reports to the granting agency. If a there are specific forms a particular grant requires the Program Manager is responsible for supplying them to the Grant Coordinator. Reports will be submitted as often as required by the grant agreement but no less than quarterly. A. Reports will contain: the budgeted amount of the grant and the amount expended for the reporting period, tbe amount expended for the reporting period, and the amount expended in total. B. Financial repOlts will be forwarded to the Program Manager so the Program Manager can sign off on them and submit them to the granting agency. 2. Reports will be prepared by downloading data from the MIP accounting system to the financial reporting form. The submitted report must agree to account system reports. IIY. Grant Closing and Extensions L The grant will be consider closed when the grant period has ended and all obligations have been paid, all grant funds have been expended, the sixty (60) day interim period or interim period specified by the grant, has ended, whichever occurs first. 2. Grant Program Managers are responsible for ensuring that all invoices and purchase orders are submitted in a timely manner to meet the sixty (60) day closing period. 3. The Finance Department will be notified in an extension is filed and will be provided with a copy of the extension approval. . F. Performance Reporting All performance reporting is the responsibility of the Grant Program Manager and not addressed by this policy. January 21,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 25, 2005 ITEM NO. 4 REQUEST Quarterly Finance Report 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: See attached ~ffiP1 ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY of MERIDIAN FINANCE REPORT December 2004 Table of Contents REPORT NAME Long Term I nvestment Status Investments and Cash WATER - Budget to Actual Comparison WWTP - Budget to Actual Comparison Utility Sales Revenue Comparison Building Permit Sales General Fund Expenditures - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2004 Police Dept Monthly Overtime Fire Dept Monthly Overtime Volunteer Hours Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Amendment General Fund Summary Special Service Fund Summary Enterprise Fund Summary Revenue & Expenditure Reports from accounting software 1 of 52 PAGE# 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22-51 CITY OF MERIDIAN FY2005 LONG TERM INVESTMENT STATUS AS OF 12/31/2004 $2,263,729 $11,134,895 INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION IillI Government Bonds o Corporate Bonds Il!lldaho Pool Bonds o Certificates of Deposit IIIIAdvisor Money Market I!1l Checking il Money Market DWells Fargo Bond ReselVe III Idaho State Pool $17,007,505 CASH & INVESTMENT TYPE - NET YIELD 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% ~'" ~., ~'" ~0'C' ~0'C' 0'C' ~... ...e ':>,'0 ,^-e !,,1t floo ., ~~. ^o 0 ...'" e( 0("< >> (,1t ~04 Ci ,l>1t j..$l ,,'" o o . _.". ;.it> e"- ..Joe 0' e'" ;( "'. ~ n!.~ e~ . flo !I. ~ 0 e(, ~" e" ...e o l>4...., ,,~ e-\ ~ ~ e",,-1t \>:' ~o<' <1;00<' ':.(00 -t-i ,l>'tj $2,350,292 Investment Account Balance by Fund $310,687 o General Fund $2,804,521 $4,469,481 l!!l Cap Improve Fund ~ Enterprise Fund o Fire Truck Fund il Latecomer Fund l!!l Special Service Fund iii Park Impact Fees 2 of 52 CITY OF MERIDIAN FY200S INVESTMENTS AND CASH 12/31/2004 5.00% 4.00% c ...J 3.00% ~ 2.00% 1.00% 0.00% .f;;:)f1;! .f;;:)b< .cl>' .f;;:)b< l$'C' .. . 'tJ-<A 1J.<A ,ef:' ~' ~.::> ,.::> ~'lf (,'C )1;' ...l> <:)'C , .f;;:)b< .f;;:)b< .~ _\ rr-Q' ~'l>-; .l\)b< ~:-\ ~ .f;;:)b< ~e ':J<S .f;;:)b< .l\)b< r} G"- ~v '!$''O 'r?-<S ~0 e;;0Q .l\)b< .f;;:)b< .f;;:)b< ~ 0' 0"- '!<..~ '!$'''' f$''O d' ~0 (,'C ~o <:)'C f':~...~~t~W:J~~~~~n,~~~~t~{,.......... Investment Income - Budget to Actual Comparison $1,400,000 $1,300,000 $1,200,000 $1,100,000 $1,000,000- $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 General Capital Projects Special Service Enterprise COMPARISON - INVESTMENT & CASH BALANCES $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 - $20,000,000 - $10,000,000 $0 Q & 0. ~ ~ ~ ( % c 0. ~ 61", X>e. ~. ~~ 061 Q~ ~~ 0", o~ <$lIS'..:. ~/ @~~ 0~ ~/ ~ ~ ~. 00 ~ c'/ .- .- ::'& ~ XI 0L ~& lQ, % 0,,- @'2-..'0", <$lo,... 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Ul o c: 'D c: '" Ul ;;; " >. g ~ " .Q i~~ o 0 .2-g~ ;;e ~.~ ~~2 -g::: ~~ ~c<C; gg:!~ :;::~~o; ~.o:G;t...... 8. ~.S: ~ o:;;~ ad &= G) t;~.2g ;=a-g~ t: In cn..o i~i~ ~~~.s o;ti;"'[] - 0. l;llI ~ ~)(_.. ~:8~ ~~g~ Ul :: :;:: ;, ~ 0 g I'Q "E:Et;~ ::> " 0 g~8~ '~i~g. Q.I-(,I)_ l.) ;m~~ .s~~t '" '" Q '" CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 12/31/2004 WATER SALES SALES $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 rz,~ rz,<' (F >> c; ~&' o ~o r/;- #' r:.fi <:;fi 9><A '/)<A C5' f::--v ,So ~~ )'ti <<fl9 ~~ "f-~ ~'/)4. f::--0 ':i.::i ,,s,4. g. rz,<' .> g ;$9 tf> ~0 cl::), -a- FY2002 FY2003 -lilt- FY2004 -- FY2005 WWTP UTILITY SALES REVENUE $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100.000 $50,000 $0 r/;- 0<' ,p'Q If? 0<:> ~0 ~Q 0~ ;$9 0& <:> 9><A '/)<A C5' ",v ,S- ~~ )'Ii <<~ ~~ "f-~ ~'/)4. ",0 )V ,S-4. ~ g. 0~ << If? "f-v ~0 c.:P~ Utility Customer Account Numbers 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 o .~".J .~".J .~b< .~b< .~ .~ .~'t1< .~b< .~b< .~b< .~ .~b< .~b< .~b< ~ ~ ^ ~ * ~ ~ 0 ~ A ~ ~ ~ ~ ~O <:)0 ":>~..... <<0 ~~V 'i>"~i;, ~~' ":>V~ ":>~-. 'it'"v'? C:J0~ O~ ~O <:)0 60f52 CITY of MERIDIAN Building Permit Sales FY2005 FOR MONTH ENDED 12/31/2004 City of Meridian - Residential Building Permit Sales 300 50 -FY2002 -FY2003 FY2004 -I!!I-FY2005 250 200 150 100 o Oct Nov Dee Jan Feb Mar April May June July Aug Sept City of Meridian - Commercial Building Permit Sales 16 8 6 -It- FY2002 -II- FY2003 FY2004 -II- FY2005 14 12 10 4 2 o Oct Nov Dee Jan Feb Mar April May June July Aug Sept Residential Commercial FY2002 FY2003 FY2004 FY2005 FY2002 FY2003 Oct 61 64 163 223 Oct 6 6 NOli 49 55 136 199 NOli 4 4 Dee 67 79 123 256 Dee 3 3 Jan 50 124 118 Jan 2 10 Feb 58 83 119 Feb 3 5 Mar 82 109 222 Mar 2 1 April 110 101 172 April 3 6 May 98 109 196 May 6 5 June 94 107 236 June 2 6 July 97 114 220 July 3 5 Aug 77 118 214 Aug 1 4 Se t 74 150 162 Se t 3 4 TOTAL 917 1213 2081 TOTAL 38 59 70152 z o <1> 1i: ~ ::5 o U W .... (f)~ Wo .,. gi.... g l5$ ~ iil ~ ~> ~ ~:cI 0 ZW:J W <CO"" 0 is z ~ ffi 1i:i2o i= ~-'.... Z oi!2!uIt>!;? wCla"" f:~g~~ UClmILIL w o ~ (.) 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Intern Patrol Officer Patrol Officer Patrol Officer PT Drug Coalition Coord Patrol Officer (Bradley) Patrol Officer (Terrell) Patrol Officer (Robertson) Patrol Officer (Volker) Michael Flesher Operator I Operator II I Work person (Flesher) Parks.'. . Gary Dean Scorekeeper Lisa Cushing Scorekeeper 15-20 Seasonal Rec Staff 15-20 Seasonal Rec Staff 8 mo Sea Groundskeeper 8 mo Sea Groundskeeper 12 mo Seasonal Office Assistant Seasonal Office Assistant 6 mo Recreation Facilities SupelVisor Rec Superintendent (Kuebler) Catrina Thomas PublicWorks\ . Vicki Heugly Brad Watson Tricia Bieren PW Dept Specialist (Shiffer) PW Director (Smith) Building FT Dept Specialist Building Inspector Coord PW PT Department Specialist GIS AnalysUEngineering Tech Engineering Tech II/Develop Analyst II Project Site Rep PW Intern Engineering Tech I (O'Brien) Develop Svcs Manager Alana Janes Steve O'Brien Bruce Freckleton HR/Legali Bill Nary MiChelle Albertson Ted Baird Planning & Zoning .".... Josh Wilson Kristy Vigil A Marie Byrns HR Director (Skeggs) Paralegal/Legal See Deputy City Attomey Associate City Planner Assistant City Planner Code Enforcement OfficerlPD Intern Admin Assistant (Vigil) Associate City Planner (Kirkpatrick) Barb Shiffer Joseph Guenther Wastewater:.:.. . Thomas Avery Alan Riggle Brett Tramelli Accounting/IT . McKay Graybill Mark Messenger Flre,.'.\\ .. Safe house Trainer 12 Paramedics 2 weeks of FY2005 Filled Date Vacant New 1011/2004 10/1/2004 Tf from Building 10/1/2004 10/1/2004 11/21/2004 10/1/2004 10/1/2004 10/1/2004 11/21/2004 15 of 52 Carryforward BUDGIOT PURCHASIOS Bud to Act Cepl Acct DescriptiDn FY~004 for FY2005 FY~004 YTD Variance Nolos 1310 94300 repiace Mavor Laptop 3,030 2,401.40 6~8.60 1311l 94200 conference table & chairs 4,500 4,440.40 59.60 amend from COt.HiCII consulLinq budgel 1120 96001 municipal center 74.800 4,787.50 70,01~.50 1510 94300 new computer for IT tech 2.430 2,309.68 120.3~ 15~0 94300 laptop for allomey 2.800 2,753.40 46.60 amend from legal budget doHars 1520 94300 2 newcompulers for allomeys 5,200 3,280.80 1,919.20 amend ftom 18fja! bud~wt doHars 2110 94100 #3 21raffic patrol 40.000 40,000.00 2110 94100 replace 1996 Ford CroWTl Vic 13,000 12.145.25 854.75 will 00 10 auclion) 2110 94100 replace 1997 Kawaski MolorCycle 21,000 21,000.00 [will 00 to auclion) 2110 94100 replace 1997 Kawaski Molorcvcle 21.000 21,000.00 (will eo to auclion) 2110 94100 replace 2000 Ford CreWTl Vic 34.000 34,000.00 (lemon - will 00 10 auction) 2110 94100 replace 98 Crwn Vic that has 'eplaced 93 Corsica 15.000 15,000.00 2000 Ford Truck animal conlrol move to Code Enfe 2110 94100 replace 2001 Chevrolet Impala 34.000 34,000.00 fallino aoart - will go to auclion 2110 94100 replace 2001 Chevrolet Impala 34.000 34,000.00 ( fatlino apart - will eo te auclion 2110 94100 re lace 2001 Chevrolet Impala 34,000 34,000.00 fallino apart - will eo 10 auclion 2110 94300 Library system 20,700 20,100.00 #12 library syslem 2110 94300 flew Computer Server 8.400 8.181.61 218.39 #1 Compuler Serve, 2110 94300 new laptop computer 2,430 2.219.00 151.00 #2 lieu! promo 2110 94300 new laptop computer 2.430 2.279.00 151.00 #6 pr antidruo coordinalor 2110 94300 replace #308 compuler 1.440 1,205.00 235.00 replacement 2110 94300 reptace #314 computer 1.440 1,205.00 235.00 replacement 2110 94300 repJace #4155 computer 1,440 1,205.00 235.00 replacement 2110 94300 reprace #4157 computer 1,440 1,205.00 235.00 replacement 2110 94300 replace #4159 compule' 1,440 1,205.00 235.00 :replacement 2110 94300 replace #4174 compuler 1,440 1.205.00 235.00 replacement 2110 94300 replace #4175 desktop Cempuler with Laplop 2.430 2.279.00 151.00 reDlac:ement 2110 94300 #4118 compuler I 1,440 1,205.00 235.00 renlacemenl 2110 94300 #461!his is a desklop compuler police would like 10 re I 2,430 2,279.00 151.00 replacement 2110 94300 #462 computer 1.440 1,205.00 235.00 replacement 2110 94300 #48 computer 1.440 1,205.00 235.00 replacemenl 2110 94300 #558 computer 1.440 1,205.00 235.00 repfacemenl 2110 94300 na-w I;:mtop not bvdqelcd 2,279.00 (2,270.00) 2126 94300 n~w computer not budpe-Led 1.508.84 (1.506.84) purchased Vo'ith seizure money 2110 94300 Wireless neiwork 5.000 5,000.00 WAN equipmenl 2110 94400 gun 1.050 860.00 190.00 #3 21raffic palrol 2110 94400 lasers x 2 3.100 3,100.00 #8 (2 lasers 2110 94400 uns 2,100 3.090.30 (090,30} #9 (4)Reserve Officers 2110 94400 uns 1,515 430.00 1,145.00 #1 patrol officer 2210 93302 opticom ror 5 intersections 22.200 3.916.78 18,283.22 #4 opt~com 2210 94120 -cor'lstribution 10 tiretruck fund 100,000 100,000.00 #3 lruck fund 2210 94200 conslrucl stallon by Rural Fire 936,750 936,750.00 #2 SI.lIon#4 2210 94300 Wireless netvrorkx 3 locations 15,000 15,000.00 WAN equipment 2210 94300 replace #463 compute' 1.440 1.588.43 (14M3} replacements 2210 94300 'eplace #538 compule, 1,440 1,588.43 (148.43) replacements 2210 94300 computers 4.000 4,000.00 #2 Slalion#4 2210 94300 Wlreleos neiwork 5,000 5,000.00 #2 Stalion#4 2210 94400 Equipment for repafrin!1 hoses 3.000 3,000.00 #5 hOse rpr eouiomenl 2210 94400 turnout racks.furnishin!=ls 36.000 36,000.00 #2 Slalion#4 2210 94600 phone 5,000 5,000.00 #2 SlalionJ/4 2210 94100 base station 3.500 3,500.00 #2 StalionJ/4 2290 94300 comouler for safehouse 2,000 1,141.22 858,78 #1 PT fire prevention DOs~tion 5200 91000 Park land 200,000 200,000.00 #1. I.nd ourchase 5200 94300 Wireless Neiwork 5.000 5,000.00 WAN eaui menl 5200 96011 Police Park development 10,000 10,000.00 #11 Police park development 5200 93405 Bleachers al SI"'ev 285,005 20.000 9.522.50 295,462.50 #14 Slorey Park Bleachers 5200 96156 Adventur.e ISland 104,533 50,000 93.134.98 61,398.02 #1a Advenlure Island Playground 5200 96903 Selllers Irees,fountains.lables 180,420 26,300 206,720.00 #2a SeUlers baseball 5200 96903 Selllers comer phase development 5.000 5,000.00 #8a SeUlers comer phase 5200 96904 Selllers Youlh Baseball 150,000 150,000.00 5200 96920 Kiwansis eqUipment & trees 61.765 51.000 118,165.00 #3a Klwansis playground 5200 93415 Borup access improvements 10.000 10.000.00 #4a Borup property 5200 96902 Bear Creek sheller. bleachers 51.000 51,000.00 #5a Beare,eek sheller 5200 98910 Centennial Park 8.995 14,106.40 (5.111.40) 5200 96922 ParkslonelChampion sheller,reslraon 11,000 148.000 159,000.00 #6a Champion park 5200 98923 Autumn Faira dsvBlopment & trees 11,000 163.000 194.000.00 #9a AulumnFaire Ph#1 0 5200 96921 Lochsa Falls develoomen! 144,065 50.000 194,065.00 #loa Lochsa Falls 5200 93410 uoarade treo boxes 49.000 49.000.00 1110 dOWTlIOWTllree boxes 5200 94400 Lawn Mower 14.000 14.000.00 #5 2lvpe Mower 5200 94400 Groomer for Ballpark 15.000 15,000.00 #8 Groomer for Bear Creek 1940 94100 new vehicle 19,000 19,000.00 #3 blda inspectorlcoardinator 1940 94300 new laptop computer 2.430 2.254.22 115.78 #3 blda inspectorlcoordinator 1940 94300 new computer 1,440 1,440.00 #3 bldo inspeclorlcoordinator 1940 94300 replace #1215 com puler 2,000 1.225.03 774.98 #1215 compuler 1940 94300 replace #1202 computer 2,000 1.225.03 774.98 #1202 compuler 1940 94300 replace #1297 computer 1,440 1.225.03 214.98 #1291 compule, 1940 94300 new computet 1,440 1.225.03 214.98 #1 depart specialist 1920 94100 new Yeh~cle- 14,500 14,500.00 #1 code enf posilion 1920 94300 new computer 2,500 2,401.40 98.60 #1 code enf posilion 1910 94300 new computer & ;arcviaw 2,110 1.595.88 1,114.12 #1 AssocialePlanner 1910 94300 new computer &. arcvi-ew 2,710 1,595.66 1,114.12 #2 AsslstontPlanne, 1910 94300 replace #1502 compu!er 1.440 1,595.88 (155.68) #1502 compuler 1910 94300 Wireleos Neiwort<. 20,000 20,000.00 WAN equipment excess carrvforvr'iud 53.217 53,211.00 Gonoral Fund TOTAL Capital for FY2005 1,010.000.00 2,507,045.00 208,914.28 3,308,070,72 I CITY of MERIDIAN FY2005 Budget to Actual Capital Outlay GENERAL FUND YTD 12/31/2004 16 of 52 Carryforward BUDGET PURCHASES Bud 10 Acl Depl Acct Description from FY2004 for FY2005 FY2005 YTD Variance Notes 3200 94100 new vehicle I 19,000 19.000.00 #3 Site Rep 3200 94100 new vehicle I 12,000 12.000.00 #8 capital 3200 94100 replace 1988 Buick LeSabre I 14,000 14,000.00 replacements 3200 94100 replace 1994 Ford Truck (76,337 miles) 19.000 19,000.00 replacements 3200 94300 new computer 1,500 1,319.00 181.00 #1 GIS analyst 3200 94300 new computer 1.500 1,343.00 157.00 #2 Eng Tech II 3200 94300 new laptop 2,430 1,281.94 1.148.06 #3 Site Rep 3200 94300 replace #1200 computer 1,500 929.94 570.08 replacements 3200 94300 replace #1196 computer 1,500 929.94 570.06 replacements 3200 94300 replace #1204 laptop w/docking station & car mount 2,800 2.042.94 757.06 replacements 3200 94300 replace #3228 laptop w/dockinQ station & car mount 2,800 2,042.94 757.06 replacements 3200 94300 replace #1194 laptop w/docking station & car moun! 2.800 2,042.94 757,06 replacements 3200 94300 new computer server not budneted 3,369.52 (3.369521 3200 94300 Wireless Network 40,000 40.000.00 WAN equipment 3200 94400 new field equipment 12,700 12.700.00 #8 capital 3300 94300 Software upgrade 23,450 23,450.00 #1 upgrade caselle 3300 94300 replace #4539 tape backup 5.000 4.539.80 460.20 replacements 3300 94300 replace #465 Computer Server 6.500 7,476.18 1,023.82 replacements 3400 94100 replace 1993 Ford (89.985 miles) 19.000 19,000.00 replacements 3400 94300 replace #513 computer 1,500 1,493.22 6.78 replacements 3410 93301 Telemetries 13,330 3,851.81 9.478.19 3410 93510 urban renewal 96,000 100,000 196.000.00 #14 urban renewal 3410 94100 new vehicle 19,000 19.000.00 #1 operator 1Il 3410 94100 new vehicle 19,000 19,000.00 #2 operator I 3410 94300 new com outer 1,440 1.295.21 144.79 #1 operator III 3410 94300 new computer 1,440 1,295.21 144.79 #2 operator I 3410 94400 20 fire hdyranls $1050each 9,800 21,000 30,800.00 #13 new wells 3410 94700 radio equipment 25,000 25,000.00 #3 radio equipment 3410 94700 radio equipment 11,000 11,000.00 #3 radio equipment 3410 95010 equipment for wells 50.000 3,633.06 46,366.94 #12 capital for wells 3410 96111 WaterTower upgrade 15,270 15,270.00 3490 95031 well security improvements 100,000 9,985.00 90,015.00 #6 emergency res pens 3490 96000 Building expansion 17,400 1,200,000 1,217,400.00 #11 bldg expansion 3490 96120 well #20b 410,000 126,577.42 283,422.58 #13 new wells 3490 96133 Well #22 114,100 114,100.00 3490 96140 waterline extensions 1,131,250 1.230.000 184.079.73 2,177,170.27 #13 new wells 3490 96149 Well #24 41,325 41,325.00 3490 96150 Well #25 126,135 94,762.24 31,372.76 3490 96157 Well #26 271,125 69,982.50 201,142.50 3490 96158 Well #27 500,000 500.000.00 3490 96166 Well #28 500,000 500.000.00 #13 new wells 3490 96167 Well #29 500,000 500.000.00 #13 new wells 3490 96168 Well rehab BearCreekPark We1l22 per Len combine w 100,000 100,000.00 #13 new wells 3510 92000 T ruckbay 80,000 80,000.00 #8 truckbay&wash rack 3510 94100 new vehicle 18,000 18,000.00 #5 operator I 3510 94300 new computer 6,800 1,262.29 5,537.71 #5 operator I 3510 94300 replace#3722 computer 1,500 1,262.29 237.71 replacemenls 3510 94300 replace Old Logical Computer 2,000 1.262.29 737.71 replacements 3510 94300 replace #3708 computer 1,500 1.282.29 237.71 replacements 3510 94400 replace #3667 Band Saw 1,000 1,000.00 replacements 3510 94400 new specific ION meter 7.500 1,059.09 6,440.91 #6 capital 3510 94400 megger,arrow brd.flag pele,radio 8,500 4,960.00 3,540.00 #6 capital 3510 94400 lathe,parts washer.storage bins 5.600 5,692.35 (92351 #6 capital 3510 94400 mower attachment,impact wrench 2,500 2,500.00 #6 capital 3510 94400 replace #3668 Drill Press 1,000 1,000.00 replacements 3520 93510 urban renewal 100,000 100,000 200,000.00 #10 urban renewal 3520 94400 lift Station scada 25,000 25.000.00 #7 scada 3590 93505 sewerline extensions 200,000 700,000 69,467.62 830,532.38 #9 sewerline extensions 3590 96142 South Slough Trunk 121,000 121,000.00 3590 96151 Predesign 1,552,000 9.982.33 1,542,017.67 3590 96155 Thickener DAFT 75,300 75,300.00 3590 96159 Centrate Basin 464.325 35,398.25 428,926.75 3590 96162 Blackcat Trunkline 2,952,500 14,327.06 2,938,172.94 3590 96163 Blackcat Uttstation 2,368.800 17,313.33 2,351,486.67 3590 96164 Headworks 519.900 243,945.06 275,954.94 3590 96165 North Slough Trunk 933,770 25,424.34 908,345.66 3590 96170 WWTP plant upgrade 13,470,000 11,913.19 13.458.086.81 #1 plant upgrade excess carryforward 865,490 Enterprise TOTAL Capital for FY2005 12,488,820.00 18,909,760.00 968,805.32 29,564,284.68 CITY of MERIDIAN FY2005 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 12/31/2004 17 of 52 r.n I- z w :E t:l Z w :E <( I- W (!) t:l ::l lJl z....l <(::!; -1--.:1" Qzo O::WO Wl-~ :EO.... l.L.a.~ OIl)N 0.... >-0.... 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H .J-I V l--l '" ~ l--l .w ~ ~ ~;::: Q) III Q) (J) ~.w C 0 a ~ ..... C C H ~ M ~ ~ Q) ill ~ Q) 0 .w _ l--l [I] ~ U)~g.-tiU'-lltll~l:<~r-I tr.lU:2.~-a~5~~~ 'n .<:: ~ E-< [I] ~ ..... r-I a j:rJ 0 0010 III l--l H m Q) l--l ~ l--l m I:< tIl .w r-I !l. 0 ;::: Q) .w [I] C III r-I01lJ(j).wrtl~.<::~.w ~ tr.l 'r! III .w III U l--l lJl r-I ..... III [I] 3 III U 0 ~ p., ~ ~ .~ 5 ~ ~ j -ti -ti ~ ~ !l. 2 r-I Q) ~ (j) [I] C III ~ III tIl I:< ~ & g ~ ~ ~ @ @ ~ z ~ ~ o lJ o r-I I:< III ..... ..-1 g. U :[ :[ @ @ o 0 o 0 o 0 o rl o 0 o 0 LJ) If) 0'1 '" c,", LJ) "" '" N '" ~I ,.., o 0 :[:[ o 0 :[ ~[ o 0 o 0 If) If) '" '" If) LJ) 0'1 0'1 N '" -I ,.., 'd ~ ~ .gj ~ ~ .3 ~ >. ~ ~ 0 l--l Ii. ~ U >. l--l [I] l--l {l] (l] III 'd QJ U l--l U ~ &j ~ l--l lJ o 0 r.. E-< r7 ~ ~ u r- ID t- t- ID II1 co '" ..-I II1 Q) 01 III !l. @ o o o ID <:I' r-I 0'1 ro r- tf1 '" o N '" ">I' N <:I' N N ">I' ..-I ,...; '" ,...; t- o "" ">I' N "" o o "" "'" \D ..,., ~I ~'"' aI ,.., j:rJ ~ ..:l 0>: m Cl 15 r.. ~ o I:< U j:rJ r.. r.. j:rJ I:< j:rJ Z ;:;:: !l. '" o "" U) o o ['oJ -.... 0'1 rl -.... ..-I QJ .u rtI Cl ** TX CONFIRMATION REPORT ** AS OF JAN 21 '05 16:50 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDJ:t STATUS 28 01/21 16:42 3810160 EC--S 01'48" 004 165 OK 29 01/21 16:44 PUBLIC WORKS EC--S 01'04" 004 165 OK 30 01/21 16:46 2084664405 EC--S 01'02" 004 165 OK 31 01/21 16:48 8841159 EC--S 01'04" 004 165 OK 32 01/21 16:49 2088840744 EC--S 01'06" 004 165 OK ~u Ut)t 0,s f ~~f frjlo//c IV d fi4..... -lhqt11c S .' CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 25, 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. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: ("20 minutes) 4. Quarterly Finance Report by Stacy Kilchenmann: (*10 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 25, 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 alleast 48 hours prior to the pUblic meeting. Plt(~l VtJsf for rub//c No\K L -)hqY1/CS/ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 25,2005 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. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: (*20 minutes) 4. Quarterly Finance Report by Stacy Kilchenmann: (*10 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 25,2005 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. / ~ltf>Q s.(" J. \. . {.Jost 1-C'v \-it 6 \ \ c. ~)'c\1 c( - \kC"-l"\ \c \'\. \ ~p /CITYOF .~. L/Vlerldia:n IDAHO ......,... ~, ." " ~~~ i l~ /7 /" 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, Water tower 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 25, 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: - COMPASS Presentation on the Communities in Motion Plan by Toni Tisdale - Quarterly Finance Report The public is welcome to attend the meeting, DATED this 21st of January, 2005. J~4- CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 888.4218 HUillAN RESOURCES-E\X 88L~-8723 FINM,CE 8< UTILITY BILLlNG-E\X 887-4813 iIli\\'OR'S OFFICE-mx 884-8119 -------------------------------------------------------------------------------------------- \-"\ tu's"'C I....()~t t\:..,Y" rUb \ \ c.... l\f01"1[C' - \ V\C\-l"\ \d"\~ \ I ...., .=. .I~r~~;' 'r.f1"'~" .~t:~.~:Pt:~, .~ ~ ~ /' <":11' OF 'fp:~',J{.l L./VL endZtrn--19 '\ ID.\HO / l" MAYOJ, Ta.<nmy de W'lcn.! CITY COUNCIL MF.M1lERS Willi~m L. M. Nary Keith ~j rd (:h~rles M. Rounh;ee Shaun WMdlc CiTY Dmo.llTMENTS FIre 540 E. Franklin Road RSS-l234/ fax 895.039U I'Mks &; R~creiltion II E. BOwer Stf<!et SSB -3579/ f"x 89R-550 1 l'lanning & Zoning (,60 l!. Watertower L~ne Suita 202 884-5533 ( fax R~8-r,854 Pulice ]401 E, Watertower Lal'c 888.6678/ filx 846-7366 Public Wt)rks 660 E. Water~ow~.' lane S\llle 200 898-55001 f,..x 898-9551 - Build]ng 660 E. Watertower 1.a\1" Sui te ISO 887.2211 !tax 807.1297 . Sew"r (WWTPl 3401 N. Ten Mile Road 888-219) 1 fa>; 8S4.0744 . Water 2235 N. W. 8th Street 8S8-5242/f.,x 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 25, 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: - COMPASS Presentation on the Communities in Motion Plan by Toni Tisdale - Quarterly Finance Report The public is welcome to attend the meeting. DATED this 21st of January, 2005. dI~~ WILLIAM G. BER CITY IlAI.L 33 E^ST IDAHO AVENUE MEHIDIAN, lD^HO 1>3642 (208) 888-4433 C,11 \ W':Il<-W, f.l8i:4218 IIUll.\N r{iso"riC~S-li'o~ 884..8723 I'IN.\~f~ ~ UnLlTl BILLlNC-F,\X flB7.4f.l1::! )I,WO~'S OFI'ICi-,;\X flF;.;..HII9 j ** TX COj.. ,,,MATlON REPORT ** AS OF JAN 21 'as CITY OF MERIDIAN - 19 PAGE. 131 131 132 03 04 05 06 137 00 eg 113 11 12 13 14 15 16 17 18 19 DATE TIME TO/FROM MODE MIN/SEC PGS 131/21 16:51 POLlCE DEPT EC--S 131'133" 604 01/21 16:52 B965501 EC-S 131 '02" 604 01/21 16:54 LIBRARY EC--S 01'20" 004 01/21 16'56 92083776449 EC-S 131 '03" 004 131/21 16'573886924 EC--5 01'132" 004 131/21 16'592088886854 EC--S 01'03" 1304 01/21 17'01 Al.l. AMERICAN INS EC--S 01'134" 1304 01/21 17: 02 208 895 13390 EC--S 01 ' 135" 004 131/21 17:04 1283000413 G3--S 131'25" 1304 131/2117:06 2138 387 6393 EC--S 131'03" 1364 131/21 17: 137 ADP. CTY DEVEl.MT EC--S 131' 04" 1304 131/21 17:096885052 EC--S 131'133" 1304 131/21 17: W CHERRY l.RNE G3--S 130'35" 1300 01/21 17: 12 CHERRY l.RNE G3--S 013' 34" 13130 01/21 17: 13 CHERRY LANE G3--S 12113' 01" 1300 131/21 17:14 CHERRY LANE G3--S 121121'34" 600 01/21 17:15 IDAHO ATHLETIC C EC--S 01'135" 004 01/21 17'17 ID PRESS TRI8UNE EC--S 01'04" 004 131/21 17' 18 20888867131 EC--S 01 '04" 0134 THIS DOCUMENT 15 STJl.L IN MEMORY CMDI1 165 165 165 165 165 165 165 165 165 165 165 165 165 165 165 165 165 165 165 STATUS OK OK OK OK OK OK OK OK OK OK OK OK INC INC INC INC OK OK OK ~LtUl>t ~J)f fOr- fuhl/c. /Vdf/<<- ~lhC[rt/{S.f CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 25,2005 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. COMPASS presentation on the Communities in Motion Plan by Toni Tisdale: (*20 minutes) 4. Quarterly Finance Report by Stacy Kilchenmann: (*10 minutes) "Approximate allowable time settor agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 25, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyonlil desiring ~ccOmmodation for disabilities related 10 documents and/or hearings, piease contact the CIty Clerk's Office al 888-4433 at least48 hours prior to the PUblic meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 25, 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: 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approved as Revised 5. Consent Agenda: A. Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes: Approve B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISED Request for Preliminary Plat approval for 220 single- family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve D. Findings of Fact and Conclusions of Law for Approval: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and Meridian City Council Agenda - January 25, 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. ,.. ( increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern SprinQs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: Approve F. Findings of Fact and Conclusions of Law for Approval: PP 04- 041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern SprinQs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: Approve G. Resolution No. 05-458 Sewer Master Plan: Approve Wastewater Facility Plan & H. Approve Beer and Wine License for DancinQ DOQ Coffee House -10 West Franklin: Approve I. Approve Beer and liQuor License for Bill N Lynn's Back Room - 229 West Franklin: Approve 6. (Items Moved from Consent Agenda) 7. Department Reports: A. City Council President - Shaun Wardle 1. Department Liaisons: Rountree - Public Works Donnell - Parks, HR, City Clerk, Finance Bird - Legal, Fire Wardle - Police, P&Z, Mayor 8. FP 04-082 Request for Final Plat approval of 11 commercial building lots on 10.8 acres in a C-G zone for Southern SprinQs Subdivision No.2 by The Land Group, Inc. - SWC of East Overland Road and South Meridian Road: Approve 9. FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Meridian City Council Agenda - January 25, 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. Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: Table to February 1, 2005 Meeting 10. RP 04-002 Request for a Reduction in Platting Requirements"to divide one 12.25 acre un-platted parcel into two parcels in a C-G zone for Lyons Development. LLC by Lyons Development, LLC - southwest corner of West Overland Road and South Stoddard Road: Approve 11. Public Hearing: V AR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscany Lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: Prepare Findings of Fact and Conclusions of Law for Approval 13. Ordinance No. 05-1128 : 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: Approve Meridian City Council Agenda - January 25, 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. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 25, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X , Shaun Wardle K Christine Donnell Charlie Rountree ~ Keith Bird )( Mayor Tammy de Weerd . 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: ;rre-~tI<./ 4. Adoption of the Agenda: a~voi. a-S rt:.f/I~ 5. Consent Agenda: A. Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes: ~ V'-<-o-- B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: ~IV<-- C. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISED Request for Preliminary Plat approval for 220 single- family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: ~V'<- D. Findings of Fact and Conclusions of Law for Approval: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and Meridian City Council Agenda - January 25, 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. 6. increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: ~~ E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 030 Request for Annexation and Zoning of 1 .8 acres from RUT to a C-G zone for Southern SprinQs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: ~~ F. Findings of Fact and Conclusions of Law for Approval: PP 04- 041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern SprinQs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: ~~ G. Resolution No. t15 -.tf!i f3 Wastewater Facilitv Plan & Sewer Master Plan: ~t)~ H. Approve Beer and Wine License for Dancinq Doq Coffee House -10 West Franklin: ~Jfl'J'Y~ I. Approve Beer and Liquor License for Bill N Lvnn's Back Room - 229 West Franklin: o/1JNroed/ ;e nU'r7rce - / (,f,~'c. (JJ() rkJ (Items Moved from Consent Agenda) ~ ~n~uul - f'tXA./~[ t !IlL, C/J'j e/.u'Jr..) H~ Department Reports: J /SIr-do. - t2'jal, ;;lrfl.. Ivllrd/~ - Pol/Gft. J Pi Z I #14'jOt- A. City Council President - Shaun Wardle 1. Department Liaisons: j!J. fJlw-~IVM-rin't--' 1- t/~ ~/d~/~ -~~ FP 04-082 Request for Final Plat approval of 11 commercial building lots on 10.8 acres in a C-G zone for Southern Sprinqs Subdivision No.2 by The Land Group, Inc. - SWC of East Overland Road and South Meridian Road: a?' prpf/'l.Z... FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: ~bU fz; :t.-(-lPS"" RP 04-002 Request for a Reduction in Platting Requirements to divide one 12.25 acre un-platted parcel into two parcels in a C-G zone for Lyons 7. 8. 9. 10. Meridian City Council Agenda - January 25,2005 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. 11. 12. 13. Development. LLC by Lyons Development, LLC - southwest corner of West Overland Road and South Stoddard Road: o/,Pt27v.e..-- Public Hearing: V AR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: fJrepthl. -r(f Icl...e h-r- ;1V~V~ Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscany Lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: ?1ffr17l/.e ./'/~t c-I..f ~~v-~ Ordinance No. cJ 5 - ( I Z B 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: a-/~V'''-' Meridian City Council Agenda - January 25, 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 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5-C REQUEST Approve Minutes of January 25, 2005 City Council Regular Meeting 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetlngs shall become property of the City of MeridIan. Meridian City Council Meeting January 25, 2005. The regular meeting of the Meridian City Council was called to order at 7:16 P.M., Tuesday, January 25, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Ted Baird, Will Berg, Anna Canning, Brad Watson, Jim Musser, Doug Strong, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. It is January 25th. It is two minutes after 7:00. Welcome to our meeting this evening. Mr. Berg, will you, please, start us with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item NO.2 is the pledge of allegiance, If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: De Weerd: Thank you. Item NO.3 is our community invocation. Today we have Alex Chamberlain with us. He is the chaplain at St. Luke's. Thank you for joining us. If you will, please, join us in the community invocation or take this opportunity for a moment of silence. Chamberlain: Our God, we pray for those who continue to struggle in southern Asia as recovery from the tsunami continues, Guide the rescue workers to make wise and compassionate choices in how the aid goes to the places that will do the most good. We pray for our troops overseas, especially in the run up to the Iraqi elections. We pray for the safety of our soldiers and ask that you give courage to those who will be exercising the right to vote in open elections. As our men and women introduce democracy in that country, we give thanks for our freedoms here. Let tonight's meeting be a model of open discussion, disagreement, and decision making that takes into account the views of some and, then, produces results that benefit many. We thank Meridian City Council January 25, 2005 Page 2 of 25 you for this democratic institution and the privilege of our participation in it and when this meeting comes to a close, guide us safely to our homes with a sense of accomplishment and the knowledge that time and energy spent in the service of others is never wasted. Hear us in the name of the Lord; the one who loves us best, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much for joining us. And it is important to remember our military families that are here in our community. There are a number of families in Meridian that have one of their loved ones deployed and earlier this month one of our police officers was deployed as well. So, our thoughts are with them. Thank you for that timely reminder. Okay. Item No, 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need one addition on our regular agenda. We need to -- under department reports we need an Item B, Public Works by Brad Watson. And excluding anything else, I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as revised, All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes: B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: c. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISED Request for Preliminary Plat approval for 220 single- family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Meridian City Council January 25, 2005 Page 3 of 25 D. Findings of Fact and Conclusions of Law for Approval: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord "lengths and increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Sprinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern Sprinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: G. Resolution No. 05-458 Sewer Master Plan: Wastewater Facility Plan & H. Approve Beer and Wine License for Dancing Dog Coffee House -10 West Franklin: I. Approve Beer and liquor License for Bill N Lynn's Back Room - 229 West Franklin: De Weerd: Item 5 is our Consent Agenda and, for the record, please, note G is Resolution 05-458. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published, including Resolution 05-458 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda. 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. Meridian City Council January 25, 2005 Page 4 of 25 Item 6: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: Department Reports: A. City Council President - Shaun Wardle 1. Department Liaisons: De Weerd: So, we will move to 7 and I will start with Councilman Wardle. Wardle: Thank you, Madam Mayor. I'm going to take this opportunity to announce the new liaisons for the departments, with just a small bit of editorializing and great thanks to each of the Council members and their service to the departments. I n the liaison role for Public Works will be Councilman Rountree, continuing in that role from the past year. A change this year, utilizing Council-member Donnell's specific skills in her former profession and some well-needed community billing with the school district, has agreed to take over the parks department. So, we look forward to continuing our relationship with the school district, specifically through the parks department. Council-member Donnell has also agreed to be the liaison for the human resource department, city clerk's department and finance department within the City Hall. A new liaison was needed this year for our legal department and that will be Councilman Bird, who will also continue as a liaison for the fire department and certainly many challenges this year, especially with the opening of the new station. As far as the police department, I will be accepting the new role as the liaison for the police department, as well as remaining in my current role for the Planning and Zoning Department liaison. And, then, also I will be the budgetary liaison for the Mayor's office. Encourage everyone to contact the departments and continue the excellent work that they have been doing. De Weerd: Mr. President, are there any assignments that have been changed with the regional partnerships that we have? Wardle: The regional partnerships will continue as current and I believe we will be seeing in the next week or so some resolutions to continue those if needed. De Weerd: Okay. And, Mrs. Donnell, I do have a meeting to inform you of, then, in your role as the new parks liaison, Donnell: Okay. De Weerd: So, please, remember to remind me after the meeting. Donnell: Remember to remind you. De Weerd: Remember to remind me. Meridian City Council January 25, 2005 Page 5 of 25 Donnell: Okay. B. Public Works - Brad Watson : De Weerd: Okay. Item B, Public Works. Watson: Thank you, Madam Mayor and Council-members. I apologize for doing this to you two weeks in a row, bringing something to you at the last minute. However, this one has some definite benefits. This is an addendum to a license agreement with Nampa-Meridian Irrigation District. It's part of the Black Cat sewer project. The contractor worked out an alternate construction method to cross the Kennedy lateral and avoid boring. I'm told by my staff that this will save the city about 100,000 dollars. The deal is we have to get this to Nampa-Meridian's board meeting tomorrow, so that they can sign it and the contractor can proceed. So, with my apologies, I humbly request approval of this and I will be happy to answer any questions if you have any. De Weerd: Well, Brad, I won't let them give you any hard time. We know how overloaded your staff and yourself are. So, we appreciate you bringing this in front of us, And, Council, do you have any questions or do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there are no questions, I move that we approve the request from the Public Works director to move forward with the license agreement and authorize the Mayor to sign. Donnell: Second. Bird: Second. De Weerd: Okay, Thank you. The motion is to approve the request for the license agreement for the Black Cat sewer trunk phase one project. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 8: FP 04-082 Request for Final Plat approval of 11 commercial building lots on 10.8 acres in a C-G zone for Southern Sprinqs Subdivision No.2 by The Land Group, Inc. - SWC of East Overland Road and South Meridian Road: Meridian City Council January 25, 2005 Page 6 of 25 De Weerd: Thank you. Okay. Item 8 is FP 04-082 and we will begin with staff comments. Canning: Madam Mayor, Members of the Council, this is a request -for final plat approval of 11 commercial building lots on ten acres, a little bit more than ten acres, in a C-G zone. This was preliminary platted as Southern Springs No.1, but it's coming as Southern Springs No. 2 final plat, just to make things confusing, and the staff report that is before you tonight tried to accommodate the applicant's request for a private drive that runs the length of the property. It was noted in the notes as a private drive and although City Council had not approved a private drive at that location, we were asking that you do that tonight. We assumed they decided to make it a private drive, because they had a private drive going through Southern Springs NO.1. We did try and contact the applicant, but -- before the staff report was written, but could not reach him, regarding that item or another item, which was that two extra lots showed up in this location. They were not build-able lots, they just had the private drive aisle on them and an irrigation easement, but we did ask for comments on those two things prior to the hearing tonight. Late this afternoon we discovered that they didn't want a private drive here and that those two lots were not intended to be separate lots, they were intended to be as they were originally approved in the preliminary plat. So, basically, the staff report has no correct information in it, but I think we can make this work. I called the applicant and he has prepared a letter that's in front of you now, I believe you have a copy, and he went through and explained exactly what needs to be changed as far as the conditions of approval. Both Brad Watson and I have reviewed this and it appears correct, except for one item. So, now I'm referring to a letter dated January 25th from Mike Limika and it's item 2-B, which item 13 can be eliminated from the staff report, Mr. Limika -- I don't know why I have such a hard time saying that name -- had thought that applied to these two lots here, the open space lots I mentioned before, but they actually apply to a small unidentified lot in this location and one over here. Both those properties are going to be dedicated as right of way. So, that's what the staff report assumed at the time. So, item 13 needs to stay. So, the letter is correct, except for item 2-B, which references item 13. So, with that I think we are okay. De Weerd: So, the question to Council 2-B or not 2-B. Does the applicant have anything to add on this item? If you will, please, state your name and address. Limika: Madam Mayor, Council Members, my name is Mike Limika, with the Land Group. [have trouble saying the name myself. With the Land Group at 462 East Shore Drive in Eagle. I just maybe would Hke to stand for additional questions about the letter that seems to be a bit confusing, but it's basically that we never intended to have private roads in this site of the -- phase of the development. The first phase of the development was an L-O zone, which required private roads internally. We had some confusion and our staff continued with private roads in the phase two portion and how it got final plat -- but it wasn't intended that it be private. So, the notes in -- that are addressed there in item number one of my letter should take care of that matter. As far as the blocks go -- or I mean the additional lots, on the final plat there were -- the center line of the road caused our surveyor to believe that there was two additional lots created and we never Meridian City Council January 25, 2005 Page 7 of 25 intended there to be two lots there. And the final item on there was just a -- I think it was misprinted in the specifics -- site specific items that just shouldn't have been there. I will stand for questions if you have any. De Weerd: I guess we would have a question on 2-B. Limika: 2-B. De Weerd: Uh-huh, Limika: Oh, the question -- yeah. De Weerd: Or not. Limika: Item 2-B is not to be. In frantically trying to find all the places within the staff report that addressed the lot mistake, I glossed over the fact that that was referring to these other two lots, Those two lots -- one is going to be deeded right of way on the west side of the subdivision there. It will be deeded to lTD. They requested that for turn lane road widening in that area. So, there will be an instrument number and a deed associated with that. The location -- the lot above this is right of way that will be dedicated to the Ada County Highway District and that will also be handled in the same way. De Weerd: Okay. So, Item 13 should be kept in the staff report? Limika: Correct. De Weerd: Okay. Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Limika: Thank you. De Weerd: Mr. Wardle. Wardle: Madam Mayor, hearing no other comments, I would move that we approve Item No.8, FP 04-082, final plat for Southern Springs Subdivision No.2, including all staff and applicant comments, specifically regarding the letter from the Land Group, dated January 25th, 2005, with the deletion of item number 2-B from that letter. Donnell: Second. De Weerd: Thank you, The motion is to approve the request for Item NO.8 with the amendment as stated. Mr. Berg, will you call roll. Meridian City Council January 25, 2005 Page 8 of 25 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: De Weerd: Okay. Item No. 9 is FP 04-084. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have in our packet -- and I'm sorry that I didn't do this when we did the agenda. I knew about it. We have a letter from Sonya Allen and Bruce Freckleton requesting that this -- we defer this final plat to the next available meeting, which is February the 1 st, 2005, and I would move that we do that. Rountree: Second. De Weerd: Okay, The motion is to table this item until next week, February 1 st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: RP 04-002 Request for a Reduction in Platting Requirements to divide one 12.25 acre un-platted parcel into two parcels in a C-G zone for Lvons Development. LLC by Lyons Development, LLC - southwest corner of West Overland Road and South Stoddard Road: De Weerd: Okay. Item NO.1 0 is RP 04-002, Anna. Canning: Madam Mayor, Members of the Council, it seems like I just did this, This is a request for a reduction in platting requirements. The property was the subject of a Conditional Use Permit recently for Stow-It facilities. It's located at the intersection of Overland and Stoddard. The proposed reduction in platting request would divide off the storage facilities -- and I do believe I have it. Yeah -- the storage facilities and it would leave the commercial lots that were proposed at the corner of them in a separate ownership. As you may recall, this property does not have sewer yet, it does have water, so the storage facilities were allowed to operate on a septic system until sewer is available. The commercial development was only conceptually approved and it was contingent on having sewer services to the site. Given the complexity of the site and a number of outstanding issues regarding full improvement of what was approved for the conditional use, staff was not recommending approval of the request to -- for reduction in platting requirements. However, since the time that staff wrote their report, staff has Meridian City Council January 25. 2005 Page 9 of 25 had a number of conversations with the Stow-It folks, as well as the folks that will retain ownership of the commercial property, and they have provided a number of items documenting many of the concerns that staff had. One of those is the real estate agreement, the description of easements, and assurances regarding, in particular, that the maintenance and installation of all the landscaping requirements on Overland and Stoddard. So, given all those articles, staff did feel it was -- that they could go forward with a recommendation to approve the reduction in platting requirements as -- with including the conditions of approval outlined in the memo that you should have received from Craig Hood today, Dated today, So, staff does feel comfortable going forward with the reduction in platting requirements. I will answer any questions you have and sorry for the late notice, it was -- we have just been really trying to work with folks on these two items and turn around times are short on these items that go before you folks and I apologize for the -- the kind of uselessness of the staff reports for the first two items tonight, so -- De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Okay. Does the applicant want to make any comments? McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite 8, Eagle. I'd just like the Council to know that we have been working with the staff on this. There was some confusion with the staff member who was not involved in the original annexation, conditional use, and the original requirements that were set forth and so they kind of had some major concerns, but as Anna indicated, I believe we put them to rest. This is the Idaho Power sub station, for those Council members that aren't familiar with the property. They had a Conditional Use Permit for this portion under Ada County's jurisdiction and, then, we annexed and received conditional use approval on the northern portion. The property is traversed by the Hardin Drain and under Ada County 's ordinance it defines contiguous property as parcels that can be used as one unit and in the past I have met with their director -- previous director Mr. Patlovich and the director before that about the ability of how that comes into play. So, under the county and when I worked with the county, it was the same, this is a parcel and this is a parcel. And Idaho Power retained this. They sold this to my client and, then, it is a parcel in itself. He is asking for this one time split under this provision that your staff has come up with. The corner parcel -- this is un-developable until such time as the Black Cat Trunk comes across the freeway and is able to serve this property. And we have read staffs new conditions of approval, he fully understand it and agree with all their conditions. Do you have any questions? De Weerd: I guess just a reminder, Becky, is even though they recognize that that corner can't be developed until we have sewer out there, the landscaping would be completed when the storage units went in; correct? Meridian City Council January 25, 2005 Page 10 of 25 McKay: Yes, Madam Mayor. That was one of staff's main concern and they sent over the agreement between the two parties that both parties have signed and it stated that that landscaping would be installed as per the city's requirements, even if it was required prior to the development of this or prior to an issuance of a building permit or occupancy on this, that that sidewalk along Overland and Stoddard and the landscaping and the amenity at the corner, which was the fountain, would be installed. So, it would not be piecemeal, no, ma'am. We would be installing that and my client fully understands that and it will be at his expense. De Weerd: Thank you. Okay. Questions, Council? Bird: I have none. Rountree: I have none. That answered mine, Donnell: I have none. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, just a quick background on the first item that Becky was talking about -- or Mrs. McKay, I'm sorry, Becky. Sorry, Becky. There, I did it again. Sorry. The question that -- she was addressing the fact that usually we like to see these parcels be an original parcel of record, which, according to our definition, regardless of what Ada County says, our definition says it has to be as of record as of 1982. Well, this property is not of record as of 1982, However, we have to address the fact that Ada County does make some allowances for lot splits, so it's still a question that we haven't fully worked out regarding the reduction in platting requirements, whether or not they are strictly eligible, but it hasn't been an overriding concern. Generally, we like to see them original lots of record. This one was not, but we did recognize that it was an approved split through Ada County. De Weerd: Okay. Thank you. Does our attorney have anything to add? Baird: Madam Mayor, Members of the Council, it sounds like everything has been addressed. You do certainly have conditions that exist that would allow the staff to make the recommendations that they have made. De Weerd: Okay. Thank you. Okay. Council, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle, Wardle: I move that we approve Item No. 10, RP 04-002, reduction in platting requirements for Lyons Development, LLC. Meridian City Council January 25, 2005 Page 11 of 25 Rountree: Second. De Weerd: Okay. The motion is to approve Item NO.1 O. Mr. Berg, will you call roll. Canning: Madam Mayor, may I ask for clarification of the motion? Is that including the conditions in the memo? Because there is no conditions in the staff report. De Weerd: The conditions in the memo in front of us. Wardle: Yes. De Weerd: We assume our staff report is -- it looks like a report to me. Thank you for that clarification for the record. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay, We have entered to the Public Hearing process of our agenda. Items 11 and 12 are public hearings and by our own ordinance, that will be changed, we do need to swear in anyone that wishes to provide testimony. So, we just do it all in one big group, so that we don't waste your time, and if you wish to provide testimony, 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 11: Public Hearing: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: De Weerd: Thank you. Okay. Item No. 11 is Public Hearing VAR 04-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a parking variance in Old Town to accommodate the construction of a small church. It's located at 230 East State Street, which is on the intersection of State Street and 3rd, as shown in the purple. And staff is recommending approval of this variance. The variance is for -- north is headed to the left here. Sorry about that. They are only able to accommodate three parking spaces that would come off of the alley on the actual property. They have requested permission to count 12 parking spaces that they will be able to do on street as meeting their -- I'm sorry. Is that right? Ten parking spaces that they will be able to do on North 3rd as counting towards the 12 required, So, they will have a total of 13 parking spaces. Only three of them will be on site and 12 are required. I am going to go through the findings required for a variance just briefly, so that I can tell you why staff is recommending approval of this variance. Staff does recognize that most parcels in Meridian City Council January 25, 2005 Page 12 of 25 the OT district were originally platted as residential uses, not intending for nonresidential uses and they are not of a size to accommodate traditional commercial development as you would see in one of our standard commercial districts. So, it's not uncommon for the Council to receive parking variances and we feel that this is one of those appropriate instances for the variance. In addition to that, the hours of operation are not during standard business hours, they will be on Sundays and Wednesday evenings, when demand for parking in the area will be low. Furthermore, staff believes that eliminating the landscaping in this area, if you were -- if you were to try to -- to try and get more of the required parking on space, it would be -- it would not fit in with the overall feel that's desired for Old Town. That and -- one of the major reasons is that it would be physically impossible to get 12 parking spaces on this site and still have the church. Regarding the finding that it won't be detrimental to the public welfare or people in the area, with the off-street parking provided right in front of the building, staff does not feel that that will be a concern. And regarding the last finding, it will not have the effect of altering the interest and purpose of the Meridian Comprehensive Plan. Actually, granting the variance is more in tune with the Comprehensive Plan and the marketing strategy for Old Town, than it would be to actually provide the parking on the site. So, for those reasons staff is recommending approval of the variance to the City Council. I believe the applicants are here and they agree with the conditions of approval, but if you would like to hear from them, they are here. De Weerd: Okay. Thank you, Anna. Council, do you have any questions? Bird: I have none. Rountree: No. Donnell: None. De Weerd: Okay. Would the applicant like to make any comments? You don't have to, but you certainly can. Canning: A preacher that doesn't want to talk. What's up with that? De Weerd: We do have a number of people who have signed up indicating their support for the project and as I read your name into the record and indicate your position and you can come forward if you would like to provide testimony or I will just read your name into the record. We have Edward Houston for. Would you like to provide testimony or -- okay. Thank you, Stacy Finley for. Kadie Kendall for. Thank you. John Delsman, Jr., for. John Delsman, Senior, for. Rolene Delsman for. And I'm sorry if I said that wrong. And Reverend Mark Finley is for, of course. Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. Donnell: Madam Mayor? Meridian City Council January 25, 2005 Page 13 of 25 De Weerd: Mrs. Donnell. Donnell: I do have just a question, I notice that in the application that the church is designed to accommodate 60. I'm assuming that like all churches, you want your church to grow, So, do you have plans for the future when you outgrow this church? De Weerd: Reverend, if we could ask you to, please, come forward and if you will, please, state your name and address. Finley: Reverend Mark Finley, 5770 North Dell Spring, Boise. De Weerd: Thank you. Okay. If you could, please, answer what your anticipated growth needs would be. Finley: On the event that we get to the point where we are outgrowing where we would be, then, we would look to build someplace else if we came to that point, because we -- the building that we have right now, obviously, can only accommodate so many and we are a very small church as it stands right now anyway. So, I don't anticipate that happening anytime soon. And I know that the way churches basically progress is that-- I mean it would be wonderful if we eventually have that problem for ourselves, Maybe not for you, but for ourselves, to be able to have to do that. So, does that-- Donnell: Yes. Thank you. Finley: Any other questions? De Weerd: Any other questions, Council? You know, I guess I just appreciate -- I think as we look for our redevelopment in Old Town, having the faith community as a presence in that core is so important. So, you know, you will be a real asset to that area. Finley: Thank you. De Weerd: Thank you. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that we close the Public Hearing. Rountree: Second. De Weerd: If I could just ask if there is any further testimony from anyone who has not signed up? Okay. Seeing that there is none, there is a motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. Meridian City Council January 25. 2005 Page 14 of25 MOTION CARRIED: ALL AYES. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion to approve VAR 04-008, for a variance for off- site parking for the Holy Trinity Charismatic Episcopal Church. Wardle: Second. De Weerd: Okay. The motion is to approve Item 11. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscanv Lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: De Weerd: Thank you. Thank you for joining us. Item 12 is Public Hearing PP 04-040. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is -- hey, where did you go? This is a request to amend the original Tuscany Lakes Subdivision. The subdivision as shown, as you can already see, it's been annexed and zoned. The amendments take place in three different sections of the property that were previously platted as storm drain lots. The first has taken one large storm drain lot and made a portion of it a buildable lot and that would be this lot right here, At the end of the presentation I will explain why they can get rid of the drainage lots. The second area -- still can't see it very well -- has been reworked -- there is a -- one large lot on the north side of the road that has been platted into several lots. No. That's this one. Okay. This one has been substantially reworked. I believe they added two lots in this area and still maintained the same amount or more open space as was originally platted. And, then, this one they took one large lot that had been designed as a drainage lot and had made three lots. This is the amendment to the landscape plan. And I just wanted to show you these street sections, so that you would have an understanding -- an idea of why they were able to get rid of their drainage lots. As you will notice this street section has no vertical curb. It has a concrete ribbon curb where the water can sheet flow across it and, then, come into this small swale here and, then, there is an infiltration area at the base of that swale. The ground water levels were so high in this area that they were f l. Meridian City Council January 25, 2005 Page 15 of25 unable to get a standard street to meet the necessary drainage requirements, even using the drainage ponds that were originally proposed. The method of putting these along the streets increases the area significantly, so that they are better able to handle the drainage and because of that they were able to get rid of those storm'drain ponds. The Planning and Zoning Commission heard this item on -- did I do okay as a non- engineer on that description? Okay. Thumbs up from the engineer. The Planning and Zoning Commission did hear this item on January 6, 2005, and they have recommended approval. Kent Brown testified in favor of the application. The Planning and Zoning Commission took oral and written testimony as reflected in the clerk's record and the key issues of discussion were, again, the reason for the change in the drainage system for the subdivision, the appropriate neighborhood amenity on Lot 53, Block 1, and that was that first one we saw. They have identified a playground. The Planning and Zoning Commission questioned whether a playground was appropriate in this area or if there would be another more suitable type of amenity to put in that area. And, then, they also discussed the need for non-site obscuring fencing along these property boundaries, so that there is visibility into that open space area. The key changes to the staff recommendation are very specifically added to your summary this time. I just wanted to point this out. We have attached the findings this time, so normally you would be able to see what was added in your recommendation, but because they are attached as findings, we have called those out in your summary sheet, and if I don't hear any complaints about that, if we move toward attaching findings, we will go ahead and continue to do it that way. But they added site specific condition number six, that the applicant was to work with the planning staff to determine the appropriate neighborhood amenity on this property and that fencing on the north property line of Lot 54, Block 1, which is contiguous to Lot 53, Block 1, in the south property line through Block 38 -- basically it's saying that these lots need to have wrought iron fencing, which is non-site obscuring and not more than four feet in height. And we have provided the draft findings for approval tonight. So, if you choose to -- if you choose to approve this application, you will just be approving it and approving the findings. And with that I will answer any questions that the Council may have. De Weerd: Council, do you have any questions for staff? Bird: I have none. Donnell: None. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address for the record. Brown: Kent Brown, 1800 West Overland, Boise, Idaho. I can just stand for questions or if you have -- if you want me to give a short presentation. I know that at least three of you weren't on the Council on the original preliminary plat and I can talk about the amenities that we previously had and some of the ones that we have added into those areas. Meridian City Council January 25, 2005 Page 16 of 25 De Weerd: I think there is a couple of questions that -- Council? Rountree: Questions are fine with me, Madam Mayor. De Weerd: Okay. Mr. Rountree. Rountree: Who maintains the swales? Brown: The homeowners association does maintain the swales. They had to sign a swales agreement with the highway district; the developer did, as part of doing this type of development. Rountree: And the landscaping in those areas are consistent with the city's landscaping ordinance? Brown: That's correct. Rountree: Okay. On the one -- one drainage pond going to a lot, the playground -- Brown: On Lot 53? Rountree: Lot 53 and could be Lot 54, apparently. Brown: That's correct. Rountree: It seems to me by carving out that Lot 54, the access to that area is by foot only, and really limited visual access to that lot. I guess I'm concerned about that in terms of safety and access in case there is an issue at the playground. So, I just point that out and have you considered that in your looking at that lot, when you build a house on all four lots that surround that, that's going to be pretty much an isolated spot. Brown: Initially with the original approval we still had that pedestrian pathway through there, but basically everything else on that particular piece was a body of water. As you recall, when we came before you with phase two of The Hills, I spoke to this Council and mentioned to them that that was a wet pond and that's how we made the proposal. If you have your staff report, you have my narrative letter that states that when we were in our plan approval of that phase, the highway district says we aren't going to have wet ponds and so, then, they recommended us to this new street section that wasn't available to us at the time of the original preliminary plat. So, I understand the difficulty, but it was always designed to just be pedestrian only. We are not looking, really, that they are going to have picnics, other than going in there and walking to be there. No real parking. It backs up to the canal along the west side. The canal is located where it says the Ridenbaugh, has a wrought iron fence that's located back there, and, then, to the north and south boundary, according to the conditions of travel, would also, then, be wrought iron also. Meridian City Council January 25, 2005 Page 17 of 25 Rountree: Madam Mayor, If I could, let me follow up, because I don't think my concern was understood. My concern is if you build a house on Lot 54, which that lot has been carved out of it what was originally a drainage pond, street access in view of that area that you're proposing to be a playground is eliminated. Anna, apparently; can answer my question. But it's more of a concern than a question. Brown: Is it access to Lot 54? Is that what you're talking about? Rountree: No. It's idle hands in Lot 53 that nobody is going to be able to see. Anna: Council-member Rountree, I did -- there are a couple of comments regarding that. I think the Planning and Zoning Commission kind of had one of the same concerns and that's why they recommended perhaps not putting a playground there and they talked about putting a half basketball court, something that was -- drew adults more than children to the area. The other thing was I did sketch this out, I put in the front setback and, then, the side setbacks and you're able to see all but this little corner right here and you're able to see all but this little corner right here from the street with -- assuming it's wrought iron fencing. But if there is someone there, they would still have visibility of that -- those two corners, if there were somebody in any of these four properties, because of the open fencing. So, I did look at that. It still is fairly open, but it is a valid concern. De Weerd: I would take it maybe even a step further. When it was a pond there was no reason for someone to be back there, when it was a water feature, and you're assuming someone is going to be standing at that one point, instead of driving by, like one of our police officers or something like that. Having any people back there and you put a basketball court, kids are going to go to a basketball court, they are going to go to any open space. By converting it from a pond, it's more of an attractive place to go and be, in particular if you restrict it to just a small angle of vision in. I would share Councilman Rountree's concerns about creating that. Brown: I guess I really don't know -- my other options are -- is to make those lots even bigger, ] guess, and stil] provide the pedestrian connection. At one time we did have the northeasterly line of Lot 54 extended and -- okay. Where did you go? Canning: It's right there. This is how it was originally. Brown: Yeah. At one time we had that line extended and had that lot much bigger. My client was happy with that. We still exceeded those amounts. We could also bring this lot down further and still just provide a micro-path through there, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Was Lot 54 part of Lot 53 initially? Meridian City Council January 25, 2005 Page 18 of 25 Brown: Yes. Rountree: So, it was all one lot? Brow: Uh-huh. Rountree: If it was a viable project then without Lot 54, why can't it be a viable project now without Lot 54? Brown: Basically, the reason that we are back here asking for those six lots is in those areas where those storm drainage ponds were -- we have an additional cost in this type of construction to create these bio swales. In phase two of The Hills we almost doubled the amount of space area that this takes place in. The construction costs are greater to build these bio swales than it is to build these ponds. And I believe that my client might break even with these additional six lots in those spaces. There is a special mix of soil that has to go in these bio swales, so that it's going to continue to percolate. And so those additional costs are the reason that we are back asking for those spaces. My clients, after the approval, went in and in the center section created an open space and they are creating a pool and clubhouse that wasn't a part of the original plan. So, they have tried to make some of those spaces from a passive space that everything was originally approved as, to a little more active spaces and that's why they thought in this particular area of having a tot lot. If you have it with just playground equipment, they figured that you're going to -- if Anna could go to the colored overall? We have an elementary school right here and so this tot lot that we are talking about is located about in this location. We have a swimming pool and clubhouse located here. I got the shakes. We have a basketball court -- we have a basketball court in this open space, as well as a pond. We figured that after school hours that we might have people using the playground equipment here, but in the daytime hours that some mother might bring her kids down to this secluded little tot lot. If you look at the overall system when we put this in, we have a micro-path system on either side of the Ten Mile Creek that's located here and, then, they can walk from this pathway through and around on the Eight Mile on some manmade lakes and come back around and make a loop on a pathway system as part of that portion of the development. This new clubhouse that I have shown you is located right at the end of this new road right here essentially located. So, we felt that, really, we are not going to have that much use in that open space and by having a tot consideration, instead of a basketball, you're not enticing someone to come use that space more than this basketball space that's more open and more accessible. We have the pool here and a pool here. We figured that many of those older juveniles that might create some of that problem you're talking about would be located in there. The pathway system makes it so that you can walk through -- this is a common area to here that does exactly the same thing, but it has a pond in it -- comes through to this next street, you walk along the street and, then, we come to that next block. So, it's a part of a micropath sidewalk system that's located on that side of the canal. We expect most of the people to be using the pathway and, then, a few using the tot lot in that area. Meridian City Council January 25. 2005 Page 19 of 25 Rountree: Is the area in question Block 1, Lot 53, necessary to meet your required space for open space? Brown: We still exceed it. There was -- we were required to have 13 percent, we have -- or ten percent, we have 13 percent, and, then, plus with I believe these more active things that we have put in, we have exceeded amenity-wise than anything that we had originally shown. We only had shown previously -- she's quick -- that basketball court. That was the only active facility, other than the pedestrian pathway that we showed before. Canning: Madam Mayor, Members of the Council, one option to consider just concerning these is -- or just listening to everyone, it may be possible to shift this micro- path to this location and, then, just divide up that area into four Jots, if that -- if the Council would feel more comfortable with that. I'm not sure the applicant wants to do that. I know. The applicant has -- was delayed a little bit on this application more than he would have liked, more than any of us would have liked, and is probably not in the redesign mode. Brown: I'm sorry. I apologize. Canning: I'm sorry. Go ahead. Brown: Part of my difficulty is that I have been before you and have received final plat approval in this area and this was one lot previously and the streets have been paved for a month, so all of the hard improvements, including sewer stubs, are already there. I mean if we wanted to extend this line back and this line back and make that area as small as possible, that would be something that I would be able to do. But as more lots in that area -- I don't know, I can't speak for my client to just say he doesn't want one in that location, but -- because he has put the sewer stub to Lot 54, that's been installed, and he understands at his risk. Canning: Madam Mayor, Members of the Council, I think the applicant misunderstood me, so I'm just going to interrupt him. You wouldn't be getting one more building lot, you would just be relocating the pathway and, then, you would just have four building lots. This one would get larger. This one would get larger. This would get larger. This would get larger. Brown: I don't have a problem with that. Rountree: Works for me. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council January 25, 2005 Page 20 of 25 Donnell: So, Mr. Brown, is -- the walking path is not in already, only just the roads -- Brown: I don't believe that it is. Donnell: -- and the sewer stubs. So, the walking path comes later. So, that could be shifted and -- Brown: And if it was, we could still make that work, I believe. If you really have a concern about that. But I would rather-- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just a comment. It bothers me, I guess, that we would give up a place for folks to go and gather and I certainly understand and agree with Mr. Rountree in terms of perhaps it might be a little bit difficult to monitor, but I really like the solution that takes away the ponds, the drainage ponds, and I hate to see us go forward and not have a place that mothers can take preschoolers and go over and -- I mean you called it a tot lot and that just seems like a nice place for kids -- for people to go, so -- Brown: From my experience one of the things I liked about this design when we originally presented it to you, working for the city of Boise for nine years and I saw people come in with what I would consider a park space, totally take the internal lot, have a single sided road and have everything a park on the inside. They put a tot lot there -- the city of Boise doesn't want me bringing it up, but it's Millcreek Subdivision over here south of Overland. Because of my job with the city I was out and about at all different times, I have looked at that piece of property for close to eight, nine years now, and I have seen once in those eight or nine years someone actually using that area. They have a little tot lot that's there, but it's totally open, you would think, you know, someone would play baseball or soccer or something and I haven't seen people use that space. The experience of what the trends are is that we have become walkers and if you can provide people with a space and even just put signs up that say if you make this loop, you walk these micro-paths and these sidewalks, that you get a quarter mile -- Bristol Heights of a prime example of that at Chinden and Eagle Road. I have been in that development probably just as much as Millcreek and at all different times and have found people using it. Many mothers will push the stroller as they are walking and, then, as they go to cool off, then, they use the tot portion that are there along the pathway. That was our vision of what we had for this space and that's why we propose it that way. De Weerd: Well, I guess -- and I don't want to appear cynical or trusting of human nature, but you almost invite trouble and by keeping it a pathway you can maintain the integrity of what was envisioned and maybe even leave it a wide enough area that you have a bench there with a couple trees and that is a great amenity for any neighborhood Meridian City Council January 25, 2005 Page 21 of 25 and you would have a couple of backyards that still would have some vision in it that wou[d hold whatever accountable. But you start putting playground equipment and it invites larger than just parents walking through or kids walking through and sitting on the bench and that's -- I guess Mrs. Donnell would know children's behavior better than I, but having several of them, I just would raise a question mark there. Brown: I believe the compromise is acceptable and I would not be opposed to that. De Weerd: Okay. Any other comments, Council? Okay. Rountree: I think the rest of it looks good. Brown: I would ask one -- and I know I'm asking a favor, hat in hand and whatever. Brad has this plat on his desk and the final plat was approved with this being one lot, common area lot, and now I'm going to move those lot lines around to make that space go away. I would ask that you be able to authorize him with that modification to allow that plat to go forward upon your approval of this, so that I don't have to come back with a two lot sub, for example, or a one lot final plat, something along those lines. That's what I'm looking for. Rountree: That's doable. Bird: That's doable, Mayor. De Weerd: Okay. Rountree: Get Brad's input on that. De Weerd: Before I ask for Brad's comment on that, is there anyone in the audience who would like to provide testimony on this application? Okay. Hearing none, staff, do you have questions for -- regarding any of the comments or -- Canning: Madam Mayor, Members of the Council, no, not any questions, but I just wanted to make it clear what Kent was asking -- Mr. Brown was asking for. It was just-- with just adding the one lot, the Lot 54, we fe[t that he didn't need to go through another final plat application, that we could just modify the final plat that was in front of him. And so what his request is is that Brad be able to make that modification to the mylars that he has sitting on his desk and that those four lots don't need to go through a new final plat application through the city. It's in substantial compliance with the approved preliminary and even substantially the same as the final plat that you originally saw. So, that -- I just wanted to clarify what he was asking for on that last question. And staff has been supportive of that and still is. Baird: Madam Mayor? De Weerd: Yes. Meridian City Council January 25, 2005 Page 22 of 25 Baird: I have a question for Mrs. Canning. In the event that Council chooses to eliminate the tot lot and expand those four lots, would you have amendments recommended to site-specific condition number Seven regarding the fences? Basically would that force another change? Canning: Madam Mayor, Members of the Council, we would no longer require wrought iron fences on those [ots. The micro-path fencing would be required per code along the pathway lots still. So, that site specific condition number seven could be removed. Actually, site specific condition number six could be removed as well. De Weerd: So, six and seven? Canning: Right. Let's see. If you give me a moment I think I can come up with an appropriate new condition regarding the adjustments, since you're adopting the findings tonight. Hold on. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And that was my next question for either legal counselor Anna. If we adopt __ it appears to me that we are changing some things that would change the findings and while we have that process in place tonight for the first time for a reason, it appears that we are modifying those here. So, can we do that is my question, modify the findings, or do we need to adopt this and bring it back next week? Baird: Madam Mayor, Members of the Council, Council-member Wardle, you certainly have the option -- if it's a simple change that you can make and make it on the record, you can do it tonight. We'd anticipate that by having this in front of you it would allow you to actually visualize it and make those changes. However, in the future you might have a project that's going to be more complicated, you can always direct staff to go back, make some changes, bring it back the next week. So, those options are before you. Wardle: Thank you. Canning: Madam Mayor, Members of the Council, as a personal request, I would ask the Council and Mayor's indulgence to resolve this tonight, because there have been, unfortunately, two staff errors related to this application that have delayed it thus far. So, if you would indulge us, I think we can come up with an appropriate condition for you in just a moment. De Weerd: Council, I guess we could take a break -- sure. If you want to go ahead and have the reading of the ordinance and, then, come back -- sure. Okay. Meridian City Council January 25, 2005 Page 23 of 25 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing on Item No. 12. Bird: Second. De Weerd: Okay. The motion is to close the public hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1128 : 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: De Weerd: Okay. If Council is okay with that, I will go ahead and move to Item 13 and we will, then, go back to Item 12. Okay. Item 13 is Ordinance 05-1128. I will ask the city clerk to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1128, an Ordinance RZ 04-015, known as Devon Park Subdivision No.2, located in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East, of Boise Meridian, Ada County, [daho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County , Idaho, and within the corporate city limits of the City of Meridian, as requested by Fairview Lakes, LLC, and rezoning the land use zoning classification of said lands from R-40, high density residential apartment buildings, to R-15, high density multiple family, 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 of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard Ordinance 05-112 8 by title only. Is there anyone who would like to hear it read in its entirety? Hearing none -- thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 05-1128 with suspension of rules. Rountree: Second. De Weerd: Okay. The motion is approve Item 13. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council January 25, 2005 Page 24 of 25 MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previous[y platted as storm drainage ponds for Tuscany lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: De Weerd: Thank you. Mrs. Canning, how are you doing? Canning: One more minute. De Weerd: Okay. Canning: [think I have it. Madam Mayor, Members of the Council, I would recommend -- sorry. I would recommend replacing site specific condition number six with the following: Modify the design of Lots 39, 40, 52 and 51, such that the pathway lot runs on the east side of Lot 38 and Lot 52. And, then, for site specific condition number seven, modify the design of Lots 38, 39,52,53, and 54 such there is no common space and four residential lots. We were just discussing that there wifl still be the same number of lots, because the open space lot gets shifted to the pathway lot, basically. De Weerd: Okay. So, the pathway will just connect off of the upper connection; right? Canning: It will connect to this area right here. De Weerd: Oh. Okay. Canning: Isn't that -- I thought that's what Council wanted. De Weerd: Council, any questions on that? I guess I should ask the applicant if he has any questions on that. Canning: Madam Mayor, Members of the Council, the applicant is conferring with the Public Works director on the sewer stubs. Baird: Madam Mayor, I would also suggest we reopen the Public Hearing if we are going to hear from the applicant on this. De Weerd: Okay. It looks like staff has found a workable -- Canning: Yes. De Weerd: -- resolution to this. Okay. Okay. Council, any further information or discussion on this? Meridian City Council January 25, 2005 Page 25 of 25 Bird: Mr. Wardle's ready to make a motion. De Weerd: Mr. Wardle. Wardle: Madam Mayor, let me see if I can get this correct for the legal department. I move that we approve Item No. 12, PP 04-040, request to amend preliminary plat for Tuscany Lakes Subdivision and to include the modifications to item number six and item number seven, site specific conditions, within the findings and to also approve those Findings of Facts. Donnell: Pretty good. Second. De Weerd: Okay. The motion is to approve Item 12 with the changes as noted. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Council, we are at the end of our agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no other matters before us, I move we adjourn. Bird: Second. De Weerd: Okay. The motion is to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Let the record note it is 8:15. MEETING ADJOURNED AT 8:15 P.M. January 21, 2005 AZ 04-019 MERIDIAN CITY COUNCIL MEETING January 25, 2005 APPLICANT G.L. Voigt Development Company ITEM NO. 5~B REQUEST Findings for Approval- Request for Annexation and Zoning of 64.48 acres from RUT to R--8 zones for Ventana Subdivision - north of West McMillan Road and North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ S~ Date: Il;l.<l loG"' Phone: '13)J - 09'>10 Emailed: es- c..k _~ Q( L~.e:f;-t: Ae:f- Staff Initials: tlZ. Materials presented at public meeflngs shall become property of the City of Meridian. See attached Findings nrvIU CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 64.48 Acres from RUT (Ada Co.) to R-8 Zone AND Preliminary Plat Approval of Two-hundred and twenty (220) Buildable Lots and Seventeen (17) Other Lots on 64.48 Acres, AND Conditional Use Permit Approval for a Planned Development with Reduced Lot Frontages, Reduced Lot Size, Reduced Chord Lengths and Increased Block Length, Including Clubhouse, Pool and Playground, by G.L. Voigt Development Co. Case Nos. AZ-04-019, PP-04-026, CUP-04-028 For the City Council Hearing Date of: January 11,2005 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 ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the January 11,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission 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 S67-6S09, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPuhlication and Proof of Posting filed with the staff report. CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - 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 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 Kenneth L. and Sharon Aschenbrenner. 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. 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 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 plam1ingjurisdiction. 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 October 14, 2004 as shown in Exhibit B, the revised CUP Site Plan dated October 14,2004 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 MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0I9, PP-04-026 AND CUP-04-028 - PAGE 2 of5 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 October 14,2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated October 14, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminary Plat (PP-04-026) i. Amend Condition #11 (second to last sentence) as follows - ". . .Applicant shall coordinate with the conform to the Park's Department standards for construction of the regional pathway." ii. Delete last sentence of Fire Department condition #5 as follows - "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 thnn ~'i the diagonal measurem.ent of the project." " b. Conditional Use Permit (CUP-04-028) i. Delete last sentence of Fire Department condition #5 as follows - "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 ~-2 the diagonal measurement of the project." 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 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). 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 CITY OF MERJDTAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP.04-028 - PAGE 3 of5 of eighteen (18) months unless otherwise approved by the council. During this time) the permit holder must commence the use as permitted in accordance with the conditions of approval) satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases) the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the counciL If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.B.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code So 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: Annexation and Zoning Comments (all agencies) Exhibit E: Preliminary Plat Conditions of Approval (all agencies) Exhibit F: Conditional Use Permit Conditions of Approval (all agencies) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE 4 of5 Exhibit G: Annexation and Zoning Findings Exhibit H: Preliminary Plat Findings Exhibit I: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the J~-:f ,2005. '2'7~ dayof COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ VOTED~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER KEITH BIRD VOTED ~ ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED MAYORTAMMYdeWEERD (TIE BREAKER) VOTED -- Attest: dl4-'~~' N William G. Berg, Jr., City lerk i ~ ", Copy served upon Applicant, The Plannin;fftr ment, Public Works Department and City Attorney. BY:,,~1l\ ~ Q lrv-- City Clerk's Office Dated: \ -2u -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0 [9, PP-04-026 AND CUP-04-028 - PAGE 5 of 5 EXHIBIT A Legal Description Ventana Subdivision PP-04-026 ~1'HI..j ........ 'Y""T .01~'; .::ad .Joe- H1Ctc:.S. (208) 884-5399 p.2 i IDAHO SURVEY GROUP 701 S.AILm &..Suitn 105 M.rnr"II.I<b\lo 83641 Phone (208) B4&-8570 Fax (208) 3JB.0329 Project No. 0314800 G.L. VOIGT PARCEL l\fERIDlAN AND McMILLAN ROADS Portions of~vernment LQts 3 llI\d 4, and the West Y, of the East ~ of the Southwest V. of Section 30, TAN., RIE., B.M, Ada County, Idaho, more particularly described as follows; Commencing at tIle COmet common to Section 25 and 36 ofT.4N.,RIW., and section 31 and the said section 30, from which the V. comer wmmon to said sections 25 and 30 bears North 00"23'00" East, 2640.13 feet; thence North 00"23'00" East, 1025.00 feet to the REAL POINT OF BEGINNING. Thence continuing North 000.2)'00" East, 1591.12 feet to a point which bears South 00"'23'00" West, 24.00 feet from theY. comer common to said Sections 25 and 30; thence South 89"54'43" East, 1295.60 feet; thence North 00"23'00" East, 24.00 feet to a point on the East-West mid-section line; thence along said line South 8!P54 '43" East, 461.94 feet to the Northwe:st comer of the West 'h of the East 'h of the Southwest YO; thence along the East line of said West %. of the East 'h of the Southwest V. South 00"29'24" West, 1619.47 feet; thence North 89"46' 14" West, 1754.51 feet to the Point ofBeginoing. Containing 64.48 acres, more or less. Subject to right-of-way for Meridian Road aloog the West boundary all other easements of record or usee ~PI'\JA' Ril\J\ 6'1 c! '} It '!r,'\Jl, N\'\ L U 'eW Plla\.lC MS\<\O\~~ osP, ItIC\>,.... D. Te:oy Peugh, PLS EXHIBIT B Preliminary Plat Ventana Subdivision (File PP-04-026) / !Ili~ ~ ~"'^tc,.,T'" ~~ I! ~- ~ ~~~~....:tt-!l_ = ffi=t= ~...., 1..10u1/rft ~- .t ~___rlf*'? .~ -....._j;.t-w __If Yi'ItJ.t~n'C <'h'tJ EXHIBIT C Site Plan Ventana CUP (File CUP~04-028) I I ~""~J -t->1 l ~~1 ~~:IrlIOGl~-.tJQUICL ~ -~ -~ 1Wt!",,_~ ~.... ....... .......... -- ~..~\.IIIt ~.,~UC ~u...rr_ ......".,...... ........ -..- M ~iS=j ............... , ............... ~~ ""'""'" , """" Ill~1IM (~)~~ (~)_-"ll ." .... ... ~~. ~ EXHIBIT D Annexation and Zoning Comments Ventana Subdivision (AZ-04-019) 1. The legal description submitted with the application (stamped by D. Terry Peugh on 5-13-04) appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT E Preliminary Plat Conditions of Approval Ventana Subdivision (File PP-04-026) SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from the North Slough Trunk that is currently in the design stage by the City of Meridian. The applicant will be responsible for constructing the lateral sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. This proposed development is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 2. Water service to this site shall be via a 16-inch main line extension from a main currently being designed by the City of Meridian. The City's project will extend water service up N. Meridian Road to McMillan. The applicant will be responsible for constructing the 16-inch diameter water mains to the mid-section line, and a 12-inch main to the north boundary line extended in Meridian Road, and a 12-inch diameter main through the development to the end of the stub street into Saguaro Canyon. All other mains through this proposed development sha1l be 8-inch diameter. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. 3. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintain by the Ventana Home Owner's Association. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, and the applicant shall be subject to irrigation plan review fees. Underground year-round pressurized irrigation must be provided to all lots Ventana Subdivision - PP-04-026 - Exhibit E Page I of 10 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. 4. Prior to City Council approval of the final plat for Phase 4 (or whatever phase incorporates the piping of the North Slough), the applicant shall submit a written statement from Settlers Irrigation District to the P&Z Department clarifying the required easement width for the North Slough drain. Applicant shall meet the conditions of SID. 5. Revise the preliminary plat to add a mInImUm 15-foot wide micropath lot somewhere between Lot 11 and 14, Block 10 to increase connectivity to the common lot. Construct a 5-foot, asphalt or concrete micropath within the lot and landscape in accordance with MCC 12-13-15. 6. To enhance pedestrian safety, the final plat construction drawings for Phases 1 and 4 shall include some fonn of designated crosswalks at all locations where the 10-foot and 6-foot multi-use pathway crosses a public right-of-way, such as striping, pavers, or other alternative surface treatment. Said crosswalks shall be coordinated with and approved by Meridian P&Z and ACHD staff. 7. A detailed fencing plan shall be submitted upon application of the final plat for each phase. 8. The conceptual landscape plan submitted with the preliminary plat (Sheets PL-l thru PL-3, dated 6/15/04 by The Land Group) is approved with the following changes: a. The 6-foot dogear cedar fence around Lot 1 in Blocks 3, 5, 7, 10 and 11 and around Lot 21, Block 9 shall be constructed as either a "good neighbor fence" or orienting the vertical facing boards toward the public streets or as otherwise approved by the Zoning Administrator. b. The meandering sidewalk shown adjacent to N. Meridian Road is not approved at the 4-foot width shown. This sidewalk must be at least 5 feet wide. c. The play area shown on Lot 1, Block 3 is not approved in that location (see CUP/PD site specific conditions). d. As conceptually shown on Sheets PL-2 and PL-3, any stonnwater retention swales in the Meridian Road street buffer shall be designed in accordance with MCC 12-13-14. The use of any sand or cobble shall be designed as a dry creek bed or as otherwise approved by the Zoning Administrator. e. No trees will be allowed within the common lots that have sanitary sewer Ventana Subdivision - PP-04-026 - Exhibit E Page 2 of 10 mains traversing through them. Relocate those trees show within these lots to other locations within the development. 9. All irrigation ditches, laterals or canals intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plans will need to be approved by Settlers Irrigation District, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar-grated inlet structure and access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. The applicant shall address the access to each of these required structures, as some will fall within the back yard of several lots. 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Meridian Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the PlalU1ing and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway (or 6-foot where the reduced pathway width is allowed). Buildings are precluded from constructing within this easement. The 1O-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall coordinate with the Park's Department for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 12. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Any ACHD-required access driveways to serve stormwater areas that are located within required open space lots shall be shown on the detailed landscape plans with each final plat. 13. Phasing for the overall project may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final Ventana Subdivision - PP-04-026 - Exhibit E Page 3 of 10 plat approval request of said phases are contiguous to previously approved phases. GENERAL COMMENTS-PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-l0-8. 7. 250 and 1 aD-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 detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate within a period of time not to exceed 24 hours for all storms up to and including a 1 aD-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. Vent ana Subdivision - PP-04-026 - Exhibit E Page 4 of 10 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape"irrigation. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. SPECIAL CONSIDERA nONS - PRELIMINARY PLAT Status of Private Driveway on North Boundary: As a point of infonnation for the Commission and Council regarding Ventana Subdivision, staffis including the following condition that was placed on Farwest, LLC as part of the Saguaro Canyon Estates Development Agreement regarding the 24-foot gravel driveway on the north boundary of Ventana : "The 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as the five acre parcel is connected with a dedicated public road, built in full compliance with ACHD's road bed, curb, gutter, sidewalk and other right-of-way standards sufficient to provide the five acre parcel in its current state, or as a re-subdivision with full public access. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value." While the developer of Vent ana Subdivision has no control over the timing of when this condition may occur, staff believes the intent of the condition is to eliminate any possibility of the gravel driveway becoming a permanent and unsightly barrier between the Priddy parcel to the north and Ventana Subdivision. We believe some level of interconnectivity between these two properties as well as Saguaro Canyon should be planned and the stub street to the north helps to accommodate this north-south interconnection. North Slough Irrigation Easement: The applicant is proposing to pipe and re-align the North Slough drain in the northeast corner of the property. The new gravity irrigation line would lie entirely within common lots. While the prescriptive easement is 40 feet, Settlers Irrigation District has not, to date, determined the ultimate easement width for the North Slough after it is piped. If the 40-foot easement width is retained, it appears two or tlrree buildable lots may be impacted. The applicant will need to comply with Settlers Irrigation District requirements and, if applicable, amend the final plat for Phase 4. (See Site Specific Condition #4.) Ventana Subdivision - PP-04-026 - Exhibit EaPage 5 of 10 FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 !/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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. 6. Building setbacks shall be per the Building Code for one and two story construction. 7. The proposed 234-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, must connect from one major arterial to another, and either an easement Ventana Subdivision - PP-04-026 - Exhibit E Page 6 of 10 or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Ada County Highwav District Conditions Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of-way from centerline (an additionallO-feet from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-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 Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian 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 East Tatum Drive to intersect Meridian Road at the property's north property line and align with the main entrance to Paramount Subdivision, as proposed. 3. Construct East Santiago Drive to intersect Meridian Road approximately 690-feet north of the south property line, as proposed. 4. Construct East Santiago Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk within 50-feet of right- of- way. Front on housing and parking shall be prohibited on this roadway. 5. Construct East Tatum Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk on the north side ofthe roadway and vertical curb, gutter and a IO-concrete multi-use pathway on the south side of the roadway within 50-feet of right-of-way. Front on housing and parking shall be prohibited on this roadway. 6. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed. Ventana Subdivision - PP-04-026 - Exhibit E Page 7 of 10 7. Construct a new stub street to the north property line approximately 600-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This roadway will be extended in the future." 8. Extend East Montevina Street into the site from the east property line approximately 940~feet north of the south property line, as proposed. 9. Construct three cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the turnarounds. 10. Construct Lot 18 and Lot 31 of Block 7 as pedestrian paths to the south property line, as proposed. 11. Construct Meridian Road to provide a minimum of 19-feet of pavement from the centerline of Meridian Road abutting the entire site. 12. Construct a minimum of 31- feet of pavement from the centerline of Meridian Road for the East Tatum Drive intersection and the East Santiago Drive intersection where the northbound right turn lanes were recommended by the submitted traffic impact study. 13. Other than the access points that have specifically been approved with this application, direct lot access to Meridian Road are prohibited. A note describing the access restriction to Meridian Road will be required on the final plat. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Ventana Subdivision - PP-04-026 - Exhibit E Page 8 of 10 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 petmits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinuation 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. Ventana Subdivision - PP-04-Q26 - Exhibit E Page 9 of 10 Central District Health Conditions of Approval 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 Enviromnental Quali ty. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. Settlers Irri2ation District Conditions 1. All irrigation! drainage facilities along with their easements must be protected and continue to function. The facilities involved are the North Slough Lateral and the Rosti Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. Ventana Subdivision - PP-04-026 - Exhibit E Page 10 of 10 EXHIBIT F Conditional Use Permit Ventana Subdivision (File CUP-04-028) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least one of the required amenities within the development shall be located on Lot 1, Block 10. Applicant shall submit details of the amenities with each final plat application. 3. A condition of the CUP/PD shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The applicant shan provide/construct the following amenities within the subdivision: a. A la-foot wide (and 6-foot where otherwise approved), public, asphalt pathway, built as a continuous system from the intersection of Meridian Road and E. Tatum Drive and extending to the east property line (connecting to Saguaro Canyon Estates); b. Playground equipment, provided in Lot 1, Block 11; c. Over 10% of the gross area as open space; and d. A clubhouse with restrooms and a swimming pool. 6. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part ofthis application: Lot Size- Citv Requirement R-8: 6,500 sq. ft per lot Approved Lot Sizes 6,388 sq. ft. per lot Frontages- Citv Requirement 65' minimum Approved Minimum Frontage 40' minimum Ventana Subdivision - CUP-04-028 - Exhibit F Page 1 of3 Chord City Requirement 40' minimum Approved Chord Length 35' minimum Length - Block Length- Citv Requirement 1,000' maximum Approved Lengths 1,760' maximum (with micropath) 7. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All storm water detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. A Certificate of Zoning Compliance must be obtained for the clubhouse and pool prior to applying for building permits. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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. 6. Building setbacks shall be per the Building Code for one and two story construction. Ventana Subdivision - CUP-04-028 - Exhibit F Page 2 of3 7. The proposed 234-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, 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. Ventana Subdivision - CUP-04-028 - Exhibit F Page 3 of3 EXHIBIT G Annexation and Zoning Findings Ventana Subdivision (File AZ-04-019) 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. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) dulacre in the Comprehensive Plan and Ventana's gross density is 3.41du/acre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The applicant proposes to construct a 10- foot wide regional path from the parcel's west boundary to the center of their east boundary (connecting to Saguaro's proposed pathway). Joint School District No.2 has already purchased a 41 acre site in the section and they are not pursuing any further land acquisitions in Section 30 at this time (according to Wendell Bigham, Facilities Director). P&Z Department staff is not aware of any efforts the Meridian Parks & Recreation Department is undertaking to acquire land within this section for a public park. The Comprehensive Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (see policy #8, page 108) and similar policies aimed at controlling growth. The applicant has closely coordinated with the Public Works Department on the extension and alignment of the North Slough Trunk line through this property. Paramount Subdivision is currently constructing the sanitary sewer and will stub to Meridian Road. Below are some of the 2002 Comprehensive Plan policies which generally support the annexation request (Staff analysis is shown in italics). The application also lists several other policies which support annexation: . "Promote the design of attractive roadway entryway areas throughout Meridian that will clearly identify the community." (Ch. V, Goal III, Obj. B. #7) Ventana is proposing a 30j'oot wide landscape buffer lot on Meridian Road with a substantial amount of new landscaping and hardscaping therein. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04~O 19 - Exhibit G Page 1 of5 . "New development should not rely on cul-de-sacs since they provide poor fire access, walkability and neighborhood social hfe. New development and streets should be designed to encourage walking and bicycling." (Ch. VI, Bullet #2, pg.71) Within the 64+ acre development, the preliminary plat proposes three (3) cul- de-sacs. Staff believes these are acceptable and are justified to prevent excessive straight-aways and achieve the highest and best use of the land. . "Require pedestrian access in all new developments to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (Ch. VI, Goal II, Obj. A, #5) The plat proposes to extend both the regional pathway and future streets out of Saguaro Canyon Subdivision and shows two (2) new pathway stubs to the south, which will allow future middle school students to access the regional pathway system. . "Coordinate with tmgation districts to provide multiple use of existing irrigation easements." (Ch. VII, Goal III, Obj. B, #3) The applicant is coordinating with Settlers Irrigation District to provide a new, paved, 10-foot wide maintenance/pathway facility adjacent to the North Slough. . "Require usable open space to be incorporated into new residential subdivision plats." (Ch. VII, Goal IV, Obj. C, #3) B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. This is only the third urban-scale development and annexation application in Section 30, T4N, RIE. Upon extension of the North Slough Trunk into this square mile, additional rezone requests are anticipated. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested zoning district of R-8, with a Planned Development to allow the reduced frontages, reduced lot sizes and longer blocks. D. Bas there been a change in the area or adjacent areas which may dictate that the Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 2 of5 area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the east has been recently annexed and approved for single- family residential lots in Saguaro Canyon Subdivision. Saguaro Canyon has a gross density of 3.29 d.u./acre. Paramount Subdivision was annexed in 2003 and land immediately west of Ventana is zoned for professional office and single family uses. Larkwood Subdivision east of Saguaro has lot sizes that run approximately 2 acres each. The proposed density-3.41 d.u.lacre gross-is very similar to Saguaro Canyon. Thus staff finds that surrounding developments are mixed densities-either the same or less, but the proposed density is within the anticipated range for a medium density project. ACHD has also reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). Meridian Road (between Chinden and McMillan) is not programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion ofthe North Slough Trunk that is not yet constructed. 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 single family residential use will change the existing rural character of the subject property. There are two estate-type properties north of Ventana which, according to public testimony issued at prior Meridian hearings, are not expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single family and multi-family housing at 3 to 8 d.u.lacre. The proposed use is compatible with the Future Land Use Map. The design and density conforms to most of the Comprehensive Plan policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous. However, staff finds that the new residences may be disruptive to existing agricultural practices to the north. It should be noted, however, that the Commission and Council made this finding in the affirmative during the Saguaro Canyon hearings for the same rural properties. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-0 19 - Exhibit G Page 3 of5 G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend sanitary sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stormwater drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase significantly upon build-out of the proposed subdivision. The Commission and Council should refer to the TIS prepared by WGr that accompanies this application for specific details on traffic impacts. The traffic engineer determined that, even at project build-out in 2009, Meridian Road will function at an LOS C or better. Staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision's two vehicular approaches off of Meridian Road will need to be aligned with the proposed public streets on the west side of Meridian Road Ventana Subdivision Findings of Fact and Conclusions of Law- AZ-04-019 - Exhibit G Page 4 of5 (Paramount) and comply with the turn lane and intersection control conditions imposed by ACHD. The WGI study shows Meridian Road, north of McMillan Road and south of ChindeniSH 20-26, to be LOS C or better at the 2009 build-out of Ventana (5,531 ADT). The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. The ACHD Commission has approved the Ventana Subdivision preliminary plat application. 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 re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of "major impOliance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)1 Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing elementary school capacity remains an important but undetennined factor for this subdivision. The school district has stated in the past (for other North Meridian developments) that additional students will further compound the current overcrowded situation and residents caMot be assured of attending the neighborhood schooL Both Havasu Creek and Paramount Subdivision have been approved for new elementary schools, although neither of these sites has a construction date at this time. Long-range planning in the North Meridian area has been underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. Staff finds that the annexation of this property is largely in the best interest of the City. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 5 of5 EXHIBIT H Preliminary Plat Findings Ventana Subdivision (File PP-04-026) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 1.2 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; Staff finds the subdivision to be in substantial conformance with the Comprehensive Plan, as noted in Finding "A" under AlUlexation and Zoning above. b. The availability of public services to accommodate the proposed development; As noted under Findings G and L under "Annexation and Zoning," Staff finds that public services are available to accommodate the proposed development c. The continuity of the proposed development with the capital improvement program; The proposed subdivision would not create any more additional requirements or demands to the City than other residential uses. The Public Works Department CIP includes the North Slough Trunk extension, a portion of which is proposed to be constructed by the developer of Vent ana Subdivision. d. The public rwandal capability of supporting services for the proposed development; Stafffinds that the development will require public expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private firm to acquire easements, design and construct the line. The funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion by June 2005. Ventana Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H Page 1 of2 e. The other health, safety or environmental problems that may be brought to the Commission's attention. Other than previously noted, staff does not find any other health, safety or environmental problems associated with this subdivision that need to be brought to the Councilor Commission's attention. Ventana Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H Page 2 of2 EXHIBIT I Conditional Use Permit Findings Ventana Subdivision (File CUP-04-028) 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; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. 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 Finding "A" under Annexation and Zoning. 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; See Findings "D" and "E" under Annexation and Zoning. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; See Finding "F" under Annexation and Zoning. 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; See Finding "G" under Annexation and Zoning. F. That the proposed use will not create excessive additional requirements at Ventana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I Page 1 of2 public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See Finding "H" under Annexation and Zoning and Finding "D" under Preliminary Plat. 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; See Finding "I" under Annexation and Zoning. 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; See Findings "I" and "J" under Annexation and Zoning. 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 Finding "K" under Annexation and Zoning. Ventana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I Page 2 of2 January 21,2005 PP 04-026 MERIDIAN CITY COUNCil MEETING January 25, 2005 APPLICANT G.L. Voigt Development Company ITEM NO. SaC REQUEST Findings for Approval- Request for Preliminary Plat approval of 220 single-family residential building lots and 17 common lots on 64.48 acres in a propose R-8 zone for Ventana Subdivision - north of West McMillan Road and North Meridian 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 DE?T: 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: l5E..4.VL";_ ,S~ Date: tlJSi. (os Phone: Emailed: c.f?S- b-ec k.~ YY\@-,~)..J~e:s.+. f.te-T Staff Initials: ~ Malerlals presented at public meetings shall become property of the City of Meridian. See attached Findings ~,;U BEFORE THE MERIDIAN CITY COUNCIL C/C January 25,2005 IN THE MATTER OF THE ) APPLICATION OF THE LAND ) GROUP, INC. FOR APPROVAL OF ) 11 COMMERCIAL BUILDING LOTS ) ON 10.8 ACRES IN A C-G ZONE ) LOCATED ON THE SWC OF EAST ) OVERLAND ROAD AND SOUTH ) MERIDIAN ROAD IN A PORTION ) OF THE NW % OF THE NW1i4 OF T. ) 3N., R. IE., SECTION 19 ) ) CASE NO. FP-04-082 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on January 25, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: January 25,2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SOUTHERN SPRINGS SUBDIVISION NO.2, IN A PORTION OF THE NW 14 OF THE NW 14 OF T. 3N., R. IE., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, C046326_FP, HANDWRITTEN DATE: 12/22/04, SHEET 1 OF 2, PINNACLE ENGINEERS, INC.", QUEENLAND ACRES, INC., Developer, is Conditionally Approved subject ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDrVISION NO.2! (FP-04-082) Page I of 4 to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: January 25, 2005, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and con-ect copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from the land Group, Inc., a true and correct copy of which is attached hereto and marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their January 25, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their January 25,2005 meeting, and specifically pertaining to the response letter from The Land Group, Inc., deleting Item 2-B. 2. The final plat upon which there is contained the Cet1ification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at snch time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO.2 / (FP-04-082) Page 2 of4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the Z-S-lt--..> day -- of C.) a41/~{tUl/{,i( ,200f Attest: By: ~ ~ ..d-#t.--A ~ pJ \, SEiU~ 0' 0 WIlham G. Berg, Jr., CIty Clerk ~/_ ,~J 0 g ---_ 7'0 ~\S.,. 151 ' ~~.f Copy served upon Applicant, th~-H~~ i8t~ni'Department, Public Works Department, and C. A '" ,,\\ Ity ttomey. 'IIII''' ,..Ii' . ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO.2! (FP-04-082) Page 3 of 4 By: o. ~ ~ ()h OJ! M ryu1-tl Dated: /2--20-6 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 2/ (FP-04-082) Page 4 of 4 MAYOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898.5500 . Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Christine D0l111ell Shaun Wardle Charles M. Rountree PLANNING'AND ZONING DEPARTMENT (208) 884.5533 . FAX 888-6854 STAFF REPORT: Hearing Date: January 25, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. II 9u:=::, Southern Springs Subdivision No.2 Re: Request for Final Plat approval of Eleven (II) Commercial Building Lots and Two (2) Common Lots on 10.8 Acres in a C-G Zone by The Land Group, Inc. (File No. FP-04-082). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, The Land Group, Inc., has applied for Final Plat approval of 11 commercial building Jots and 2 common lots on 10.8 acres of land for Southern Springs Subdivision No.2. The zoning designation for the proposed subdivision is C-G (General Retail and Service Commercial). Southem Springs Subdivision No.2 is located on the south-east comer of E. Overland Road and S. Meridian Road, in the NW ~ of Section 19, T.3N., R.IE. This subdivision was preliminary platted under the name of Southem Springs Subdivision No.1; however, due to the fact that Southem Springs Subdivision No. I had not received ITD approval for access to Meridian Road, the applicant preceded this subdivision with Southern Springs Subdivision No.1 which was preliminary platted as Southem Springs Subdivision No.2. The Final Plat is proposing private streets which were not proposed as part of the Preliminary Plat. MCC I] -2-2 states that all private street access must be approved by the City Council. The proposed streets do connect to the private street that was approved for Southem Springs Subdivision No.2. Council must make a decision of approval or denial for the proposed private streets as part of this application. FP-04-082 Exhibit "A" Southern Springs Sub2 FP.doc Mayor & City Council Hearing Date: January 25, 2005 Page 2 The submitted final plat substantially complies with the approved Preliminary Plat. Two common lots were added along the eastern side of the property that were originally part of Lots 2 & 3. The applicant was unable to be reached regarding the reason for the addition of the common lots. Staff doesl1't necessarily have an objection to this change, but would like an explanation of the reason for this change. Staff recommends approval of Southem Springs Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved Annexation (Development Agreement) and Preliminary Plat (PP-03-016). 2. Fencing must be in compliance with MCC 12-4-10. 3. Please change the date of platting to 2005. 4. Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat. 5. Revise or add the following notes on the face of the plat: (4) Revise this note to reflect the requirement of all PDDI easements to be a minimum of five (5) feet past the outside of all improvements. (9-17) These notes refer to easements that are not clearly depicted on the face of the plat. The consultant may be able to define these by one of the methods noted below: · Denote each easement on the face of the plat with a reference to the type of easement, the benefactor of the easement and the recorded instrument number with an arrow pointing to the individual easements. If this method is chosen, please remove notes 9-17 on the plat (and renumber the notes to be added below accordingly). · Denote each easement on the face of the plat with a reference to the applicable note that contains the above information "See Note #" and an arrow pointing to the easement. . Each easement may be dimensioned on the face of the plat with a reference to the type of easement it refers to. (lb) Add a note that states that all lots within this subdivision and Southern Springs Sub. No.1 to the east are subject to a vehicular cross-access agreement recorded as Instrument No. for use of the private street. (bL) Add a note calling out the non-buildable lots (Lots 12 & 13, Block 1) as common lots and address who will own and maintain them. Also include maintenance info for the landscaping within the street buffers along S. Meridian Rd. & E. Overland Rd. FP-04-053 Exhibit "A" Southern Springs Sub2 FP.doc Mayor & City Council Hearing Date: January 25, 2005 Page 3 (20.) Add a note addressing the maintenance of the private roads within the development. (~) Add a note describing the public pedestrian access easement in favor of the City of Meridian for the pathway along the Ten Mile Drain and include the recording instrument number. 6. The landscape plan shall be revised as foHows: a. In the plant schedule, increase the pot size of the Blue Chip Juniperus to 2 gal. minimum perMCC 12-13~7~3. b. Parkway area between the sidewalk and the edge of pavement of S. Meridian Road shall be a minimum of 5-ft. wide in all areas. c. Pedestrian pathway along the Ten Mile Drain must be constructed of a hard surface material. d. Red Maple trees are not allowed per The Tree Selection Guide and MCC 12-13-7- 1. Please replace with a species that is allowed. e. Please replace the "mint julep juniper" and "iVOlY halo dogwood" shrubs shown in the Plant Schedule with a species that does not grow over 2-3 ft. high, 7. The applicant has indicated that Nampa & Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year~round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 9. An annexation and preliminary plat application for Bengson's property to the south to re- develop as Southern Springs Subdivision No. 3 is scheduled before City Council on January 25, 2005 for approval of Findings of Fact and Conclusions of Law for approval of the subdivision. This addition will provide Southern Springs Subdivision No.2 access to E. Calderwood Drive if approved. In the case that Southern Springs Subdivision No.3 is denied by Council, a vehicular cross-access agreement shall be entered into with the Bengson parcel to provide for a future connection to E. Calderwood Drive prior to signature on the final plat. 10. Submit a signed License Agreement with NMID for the landscaping/fencing/pathway within the 50-ft. wide NMID easement along the Ten Mile Drain prior to signature on the final plat. FP-04-053 Exhibit "A" Southem Springs Sub2 FP .doc Mayor & City Council Hearing Date: January 25, 2005 Page 4 11. Label the landscape easements shown on the face of the plat along E. Overland Rd. and S. Kuna Meridian Road. 12. Landscaping adjacent to the pedestrian pathway along the Ten Mile Drain shall be maintained so as not to obstruct the open vision of the pathway from the commercial development. Trees must be pruned with a clear branching height of at least 8-ft. above the path surface per MCC 12-13-15-5. 13. There appears to be parcels on the Northerly and Westerly boundaries that are not addressed. If these are intended to be future/proposed rights-of-way, they will need to be common lots. The consultant needs to appropriately address these parcels and their purpose as well as who will be responsible for their ownership and maintenance. 14. Submit a Final signed Street Name Evaluation letter from Ada County. 15. The private street, left-turning bay and associated signage and improvements shall comply with conditions #7 and #8 ofPP-03-036. 16. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 17. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 18. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 19. Sanitary sewer and water service to this site shall be via existing mains. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent propeJ1ies. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, as well as License Agreements with the appropriate jurisdiction for any mains that are required to provide service. 20. 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. 21. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. All stom1 drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. FP-04-053 Exhibit "A" Southern Springs Sub2 FP.doc Mayor & City Council Hearing Date: January 25, 2005 Page 5 22. Staffs failure to cite specific ordinance provisions, or terms of the approved Annexation or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. Any existing domestic wells ancl/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty, 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. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions and the request for private streets within the development. FP-04-053 Exhibit "AU Southem Springs Sub2 FP.doc ~" -' ...~ ~ - ~~--~ ~ .....,... ., ~ -<tI THE LAND GROUP, INC. January 25, 2005 Honorable Mayor and Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Southern Springs Subdivision #2 We have reviewed the Staff Report for the Southern Springs Subdivision #2 (SS#2) and have the following comments: 1. In the fourth paragraph under "Application Summary and Location" it is stated that, "The Final Plat is proposing private streets...." It has never been our intention to have private streets as a part of 55#2. Southern Springs Subdivision #1 has private streets because the L-O zone requires a minimum of 50 feet of road frontage for those lots. The CG zone which SS#2 is in does not require road frontage. The final plat mistakenly labeled the main access drive easements throughout the site as private road easements. These designations and the names of the roads will be removed from the plat prior to signature. Therefore it will not be necessary for the City Council to make a decision of approval or denial for private streets. The following items within the Site Specific Comments I Final Plat should be changed as follows: a. Item 5 (18.) Strike the note and replace with the following: Add a note that states that all lots within this subdivision and Southern Springs Sub. No.1 are subject to a vehicular cross-access agreement recorded as Instrument No. b. Item 5 (20.) Strike the note and replace with the following: Add a note addressing the maintenance of the commercial drive aisles within the development as detailed within the Covenants Conditions and Restrictions Instrument No. c. Add this item to the Specific Comments I Final Plat: Change the words "private road" to "commercial drive aisle" in Note 3. Remove note 16 completely which refers to a private road easement. 2. In the fifth paragraph under" Application Summary and Location" two additional lots are mentioned. These two lots, Lot 12 and 13, Block] were not intended to be separate lots. They are actually intended to be parts of Lot 2 and 3 of Block]. Prior to signature, the lot lines between Lot 2 and 13 and between Lot 3 and 12 will removed leaving only 11 total lots. The following items within the Site Specific Comments / Final Plat should be changed as follows: a. Item 5 Q2..) Strike the note completely as there will not be a Lot 12 or Lot 13. b. Item 13 can be eliminated from the staffreport because it will not apply. , L/lduap. Ardlil((l,m .5,1. Plal/llillg .0/111 E'lJillming . Go!fCol!ru IrrigaliOll & bllgillmillg . Graphic Commm';((JliolJ 462 E. Shore Drive, SIC. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445 . www.thclanugroupinc.com hhihil "W 3. Sitc Specific Itcm 15 appcars to be a misprint. The conditIons #7 and #8 of PP-03- 036 are from Southern Springs Subdivision #1 referring to the access to Overland Road and do not apply 10 Southern Springs Subdivision #2. ' With the exception of the items addressed above we will comply with all other conditions of the Staff Report. Sincerely, )#~~. ~ Mike Liimakka The Land Group, Inc. I xhiloil "IJ" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of Annexation and Zoning of 64.48 Acres from RUT (Ada Co.) to R-8 Zone AND Preliminary Plat Approval of Two-hundred and twenty (220) Buildable Lots and Seventeen (17) Other Lots on 64.48 Acres, AND Conditional Use Permit Approval for a Planned Development with Reduced Lot Frontages, Reduced Lot Size, Reduced Chord Lengths and Increased Block Length, Including Clubhouse, Pool and Playground, by G.L. Voigt Development Co. Case Nos. AZ-04-019, PP-04-026, CUP-04-028 For the City Council Hearing Date of: January 11, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecuti e wee s pnor 0 the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matters were duly considered by the City Council at the January 11, 2005, public hearing(s). The applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full oPPOltunity 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 DECISION & ORDER CASE NOS. AZ-04-0t9, PP-04-026 AND CUP-04-028 - PAGE I of5 3. Application and Property Facts 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 Kenneth L. and Sharon Aschenbrenner. 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. 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 (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 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 October 14, 2004 as shown in Exhibit B, the revised CUP Site Plan dated October 14, 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 MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0I9, PP-04-026 AND CUP-04-028 - PAGE 2 of5 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 adopte~, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 14,2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated October 14, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminary Plat (PP-04-026) i. Amend Condition #11 (second to last sentence) as follows - ". . .Applicant shall coordinate with the conform to tho Park's Department standards for construction of the regional pathway." ii. Delete last sentence of Fire Department condition #5 as follows - "To increase emergency access to the site a minimum of two points of access will be required for any portion of the proj ect, which serves more than 50 homes. The two entrances shall be separated by no less than ~1. the diagonal measurement of tho project." " b. Conditional Use Permit (CUP-04-028) i. Delete last sentence of Fire Department condition #5 as follows - "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 thnn ~1. the diagonal measurCJ:l1ei1t of the project." 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 notice that after the date of approval ofthe preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE 3 of5 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 fmal 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 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B; Approved Preliminary Plat Exhibit C: Approved CUP Site Plan Exhibit D: Annexation and Zoning Comments (all agencies) Exhibit E: Preliminary Plat Conditions of Approval (all agencies) Exhibit F: Conditional Use Permit Conditions of Approval (all agencies) CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE 4 of5 Exhibit G: Annexation and Zoning Findings Exhibit H: Preliminary Plat Findings Exhibit I: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the :Jji/}/1AA Li/'1.-if- , 2005. -"7cf/J- v-- ../ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED~ VOTED~ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD - MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED Attest: ng Department, Public Works Department and City Attorney. By: :h5\O XY\.~h (\ vYLJ City Clerk's Office Dated: l- 2ln rr:J; CiTY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE 5 of5 EXHIBIT A Legal Description Ventana Subdivision PP-04-026 .'''''''",", .......... ......,.. ~v;c:.O<d ..Joe H~CKS 1208l 884-5399 p.2 IDAHO SURVEY GR.OUP 701 S.Men St..,Scita 105 HuiOOn, Idaho row Plume (200) 8~6-as70 ""'" (2lJ8) 318.ll319 Project No. 0314800 G.L VOlGT PARCEL l\1ERIDIAN AND McMILLAN ROADS Portions of Government Lots 3 and 4, and the West ~ of the East 'I.i oflhe Southwest V. of Section 30, TAN., RIE., EM, Ada County, Idaho, more particularly described as follows; Commencing at the comer common to Section 25 and 36 ofT.4N.,R1W., and section 31 and the said section 30, from which the 14 comer common to said sections 25 and 30 bears North 00"23'00" East, 2640.13 feet; thence North 00"23'00" East, l025.oo feet to the REAL POINT OFBEGlNNlNG. Thence continuing North 00"23 '00" East, 1591.12 feet to a point which bears South (Jo"n'GO" We$1, 24.00 feel: from the Y.- corner common to said Sections 25 and 30; thence South 89"54'43" East, 1295.60 feet; thence North 00"23'0()" East, 24.00 feet to a point on the East-West mid-section line; thence along said line South 89"54'43" East, 461.94 feet to the Northwest corner of the West ~ of the East ~ of the Southwest 'I..; thence along the '&1st line of said West Y, of the East y, of the Southwest 14 South 00029'24" West, 16] 9.47 feet; thence North 80/'46' 14" West, 1754.51 feet to the Point of Beginning. Containing 64,48 acres, more or less. Subject to right-of.way for Meridian Road along the West boundary all other easements of record or use. ~pp VA ~ fl..:J\'" ' 8'1 , n,,(\~ '\ I" ? '0 t';. J .," tll'ue\..\C MCfl.\O\~s 0'"-1" '1101<" D Terry J>eugh, PLS EXHIBIT B Preliminary Plat Ventana Subdivision (File PP-04-026) ~r'l.ICtCti.T^ !!l;?':d~ e J:tiIirO<<-w 10"__~ !t'~~~Mm'J'I ~ ffl=~l ~~~ l!i".=r~, ~~~.., ~ :L~'1 fl'J.l'la:r n-.a_ '" ~~ 1_j. ,..,..'f.i~L"M( c'"" .(.I.j~ (:q"(,..; """"l;Ilt>'f.Aftm: ,!It." EXHIBIT C Site Plan Ventana CUP (File CDP-04-028) I I ----I ~~"l- ~ ~I.C::WI;IO\ilQ.M'Il'ETloCUJ:sa~ ~ ~ )eo ;t "'-<>< ~... 1h'Jt'<<_uw: "'... ""'"'" ...... "" ...- ~1'mmI;t'... ~~~~ ~M.IuI:T" ~~crrun ....... """-""'" " ~~=~ J.,AJ._,... ~: ~ """"~.~ """-= , "'=" ~1)ctlA!I~AM f'}~~ 1iI~"'J"b '" no< .J:n~ ==. ...~! EXHffiIT D Annexation and Zoning Comments Ventana Subdivision (AZ-04-019) 1. The legal description submitted with the application (stamped by D. Terry Peugh on 5-13-04) appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, plmmed development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT E Preliminary Plat Conditions of Approval Ventana Subdivision (File PP-04-026) SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from the North Slough Trunk that is currently in the design stage by the City of Meridian. The applicant will be responsible for constructing the lateral sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. This proposed development is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 2. Water service to this site shall be via a 16-inch main line extension from a main currently being designed by the City of Meridian. The City's project will extend water service up N. Meridian Road to McMillan. The applicant will be responsible for constructing the 16-inch diameter water mains to the mid-section line, and a 12-inch main to the north boundary line extended in Meridian Road, and a 12-inch diameter main through the development to the end of the stub street into Saguaro Canyon. All other mains through this proposed development shall be 8-inch diameter. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. 3. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintain by the Ventana Home Owner's Association. Plans and specifications for the inigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, and the applicant shall be subject to irrigation plan review fees. Underground year-round pressurized irrigation must be provided to all lots Ventana Subdivision - PP-04-026 - Exhibit E Page I of 10 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 ?urface 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. 4. Prior to City Council approval of the final plat for Phase 4 (or whatever phase incorporates the piping of the North Slough), the applicant shall submit a written statement from Settlers Irrigation District to the P&Z Department clarifying the required easement width for the North Slough drain, Applicant shall meet the conditions of SID. 5. Revise the preliminary plat to add a mlmmum IS-foot wide micropath lot somewhere between Lot 11 and 14, Block IOta increase connectivity to the common lot. Construct a 5-foot, asphalt or concrete micropath within the lot and landscape in accordance with MCC 12-13-15. 6. To enhance pedestrian safety, the final plat construction drawings for Phases 1 and 4 shall include some form of designated crosswalks at all locations where the 10-foot and 6-foot multi-use pathway crosses a public right-of-way, such as striping, pavers, or other alternative surface treatment. Said crosswalks shall be coordinated with and approved by Meridian P&Z and ACHD staff. 7. A detailed fencing plan shall be submitted upon application of the final plat for each phase. 8. The conceptual landscape plan submitted with the preliminary plat (Sheets PL-l thru PL-3, dated 6/15/04 by The Land Group) is approved with the following changes: a. The 6-foot dogear cedar fence around Lot 1 in Blocks 3, 5, 7, 10 and 11 and around Lot 21, Block 9 shall be constructed as either a "good neighbor fence" or orienting the vertical facing boards toward the public streets or as otherwise approved by the Zoning Administrator. b. The meandering sidewalk shown adjacent to N. Meridian Road is not approved at the 4-foot width shown. This sidewalk must be at least 5 feet wide. c. The play area shown on Lot 1, Block 3 is not approved in that location (see CUP/PD site specific conditions). d. As conceptually shown on Sheets PL-2 and PL-3, any stormwater retention swales in the Meridian Road street buffer shall be designed in accordance with MCC 12-13-14. The use of any sand or cobble shall be designed as a dry creek bed or as otherwise approved by the Zoning Administrator. e. No trees will be allowed within the common lots that have sanitary sewer Ventana Subdivision - PP-04-Q26 - Exhibit E Page 2 of 10 mains traversing through them. Relocate those trees show within these lots to other locations within the development. 9. All inigation ditches, laterals or canals intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plans will need to be approved by Settlers Irrigation District, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar-grated inlet structure and access/c1eanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. The applicant shall address the access to each of these required structures, as some will fall within the back yard of several lots. 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Meridian Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the lO-wide pathway (or 6-foot where the reduced pathway width is allowed). Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall coordinate with the Park's Department for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 12. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Any ACHD-required access driveways to serve stormwater areas that are located within required open space lots shall be shown on the detailed landscape plans with each final plat. 13. Phasing for the overall project may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final Ventana Subdivision - PP-04-026 - Exhibit E Page 3 of 10 plat approval request of said phases are contiguous to previously approved phases. GENERAL COMMENTS-PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-1O-8. 7. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivideris expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate within a period of time not to exceed 24 hours for all storms up to and including a I DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. Vent ana Subdivision - PP-04-026 - Exhibit E Page 4 of 10 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. SPECIAL CONSIDERATIONS - PRELIMINARY PLAT Status of Private Driveway on North Boundary: As a point of information for the Commission and Council regarding Ventana Subdivision, staff is including the following condition that was placed on Farwest, LLC as part of the Saguaro Canyon Estates Development Agreement regarding the 24-foot gravel driveway on the north boundary of Ventana : "The 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as the five acre parcel is connected with a dedicated public road, built in full compliance with ACHD's road bed, curb, gutter, sidewalk and other right-of-way standards sufficient to provide the five acre parcel in its current state, or as a re-subdivision with full public access. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value." While the developer of Vent ana Subdivision has no control over the timing of when this condition may occur, staff believes the intent of the condition is to eliminate any possibility of the gravel driveway becoming a permanent and unsightly barrier between the Priddy parcel to the north and Ventana Subdivision. We believe some level of interconnectivity between these two properties as well as Saguaro Canyon should be plmmed and the stub street to the north helps to accommodate this north-south intercormection. North Slough Irrigation Easement: The applicant is proposing to pipe and re-align the N olih Slough drain in the northeast corner of the property. The new gravity irrigation line would lie entirely within common lots. While the prescriptive easement is 40 feet, Settlers Irrigation District has not, to date, determined the ultimate easement width for the North Slough after it is piped. If the 40-foot easement width is retained, it appears two or three buildable lots may be impacted. The applicant will need to comply with Settlers Irrigation District requirements and, if applicable, amend the final plat for Phase 4. (See Site Specific Condition #4.) Ventana Subdivision - PP-04-026 - Exhibit E Page 5 of 10 FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. 6. Building setbacks shall be per the Building Code for one and two story construction. 7. The proposed 234-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, must connect from one major arterial to another, and either an easement Ventana Subdivision - PP-04-026 - Exhibit E Page 6 of 10 or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Ada County Highway District Conditions Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of-way from centerline (an additionallO-feet from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-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 Meridian Road, located a minimum of 28- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian 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 East Tatum Drive to intersect Meridian Road at the property's north property line and align with the main entrance to Paramount Subdivision, as proposed. 3. Construct East Santiago Drive to intersect Meridian Road approximately 690-feet north of the south property line, as proposed. 4. Construct East Santiago Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk within 50-feet ofright-of- way. Front on housing and parking shall be prohibited on this roadway. 5. Construct East Tatum Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk on the north side of the roadway and vertical curb, gutter and a 1 a-concrete multi-use pathway on the south side of the roadway within 50-feet of right-of-way. Front on housing and parking shall be prohibited on this roadway. 6. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed. Ventana Subdivision - PP-04-026 ~ Exhibit E Page 7 of 10 7. Construct a new stub street to the north property line approximately 600-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This roadway will be extended in the future." 8. Extend East Montevina Street into the site from the east property line approximately 940-feet north of the south property line, as proposed. 9. Construct three cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the turnarounds. 10. Construct Lot 18 and Lot 31 of Block 7 as pedestrian paths to the south property line, as proposed. 11. Construct Meridian Road to provide a minimum of 19- feet of pavement from the centerline of Meridian Road abutting the entire site. 12. Construct a minimum of31-feet of pavement from the centerline of Meridian Road for the East Tatum Drive intersection and the East Santiago Drive intersection where the northbound right turn lanes were recommended by the submitted traffic impact study. 13. Other than the access points that have specifically been approved with this application, direct lot access to Meridian Road are prohibited. A note describing the access restriction to Meridian Road will be required on the final plat. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Ventana Subdivision - PP-04-026 - Exhibit E Page 8 of 10 Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the plalUled 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 plalUled use of the subject property unless a waiver/valiance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Ventana Subdivision - PP-04.026 - Exhibit E Page 9 of 10 Central District Health Conditions of Approval 1. This proposal can be approved for central sewage & central water after writt~n approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Settlers Irrigation District Conditions 1. All irrigation I drainage facilities along with their easements must be protected and continue to function. The facilities involved are the North Slough Lateral and the Rosti Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. Ventana Subdivision - PP-04-026 - Exhibit E Page 10 of 10 EXHIBIT F Conditional Use Permit Ventana Subdivision (File CUP-04-028) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least one of the required amenities within the development shall be located on Lot 1, Block 10. Applicant shall submit details of the amenities with each final plat application. 3. A condition of the CUP/PD shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The applicant shall provide/construct the following amenities within the subdivision: a. A 10-foot wide (and 6-foot where otherwise approved), public, asphalt pathway, built as a continuous system from the intersection of Meridian Road and E. Tatum Drive and extending to the east property line (connecting to Saguaro Canyon Estates); b. Playground equipment, provided in Lot 1, Block 11; c. Over 10% of the gross area as open space; and d. A clubhouse with restrooms and a swimming pool. 6. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Lot Size- Citv Requirement R-8: 6,500 sq. ft. per lot Aporoved Lot Sizes 6,388 sq. ft. per lot Frontages- City Requirement 65' minimum Approved Minimum Frontage 40' minimum Ventana Subdivision - CUP-04-028 - Exhibit F Page 1 of3 Chord City Requirement 40' minimum Approved Chord Length 35' minimum Length - Block Length- City Requirement 1,000' maximum Ao~roved Lengths 1,760' maximum (with micropath) 7. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. A Certificate of Zoning Compliance must be obtained for the clubhouse and pool prior to applying for building permits. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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. 6. Building setbacks shall be per the Building Code for one and two story construction. Ventana Subdivision - CUP-04-028 - Exhibit F Page 2 of3 7. The proposed 234-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, 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. Ventalla Subdivision - CUP-04-028 - Exhibit F Page 300 EXHIBIT G Annexation and Zoning Findings Ventana Subdivision (File AZ-04-019) 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 ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) du/acre in the Comprehensive Plan and Ventana's gross density is 3.4ldu/acre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The applicant proposes to construct a lO-foot wide regional path from the parcel's west boundary to the center of their east boundary (connecting to Saguaro's proposed pathway). Joint School District No.2 has already purchased a 41 acre site in the section and they are not pursuing any further land acquisitions in Section 30 at this time (according to Wendell Bigham, Facilities Director). P&Z Department staff is not aware of any efforts the Meridian Parks & Recreation Department is undertaking to acquire land within this section for a public park. The Comprehensi ve Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (see policy #8, page 108) and similar policies aimed at controlling growth. The applicant has closely coordinated with the Public Works Department on the extension and alignment of the North Slough Trunk line through this property. Paramount Subdivision is currently constructing the sanitary sewer and will stub to Meridian Road. Below are some of the 2002 Comprehensive Plan policies which generally support the annexation request (Staff analysis is shown in italics). The application also lists several other policies which support annexation: · "Promote the design of attractive roadway entryway areas throughout Meridian that will clearly identify the community." (Ch. V, Goal III, Obj. B. #7) Ventana is proposing a 30-foot wide landscape buffer lot on Meridian Road with a substantial amount of new landscaping and hardscaping therein. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 1 of5 · "New development should not rely on cul-de-sacs since they provide poor fIre access, walkability and neighborhood social life. New development and streets should be designed to encourage walking and bicycling." (Ch. VI, Bullet #2, pg. 71) Within the 64+ acre development, the preliminary plat proposes three (3) cul- de-sacs. Staff believes these are acceptable and are justified to prevent excessive straight-aways and achieve the highest and best use of the land. · "Require pedestrian access in all new developments to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (Ch. VI, Goal II, Obj. A, #5) The plat proposes to extend both the regional pathway and fitture streets out of Saguaro Canyon Subdivision and shows two (2) new pathway stubs to the south, which will allow fitture middle school students to access the regional pathway system. · "Coordinate with lITigation districts to provide multiple use of existing irrigation easements." (Ch. VII, Goal III, Obj. B, #3) The applicant is coordinating with Settlers Irrigation District to provide a new, paved, IO-foot wide maintenance/pathway facility adjacent to the North Slough. · "Require usable open space to be incorporated into new residential subdivision plats." (Ch. VII, Goal IV, Obj. C, #3) B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. This is only the third urban-scale development and annexation application in Section 30, T4N, RIB. Upon extension of the North Slough Trunlc into this square mile, additional rezone requests are anticipated. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested zoning district of R-8, with a Planned Development to allow the reduced frontages, reduced lot sizes and longer blocks. D. Has there been a change in the area or adjacent areas which may dictate that the Ventana Subdivision Findings of Fact and Conclusions of Law- AZ-04-019 ~ Exhibit G Page 2 of5 area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the east has been recently annexed and approved for single- family residential lots in Saguaro Canyon Subdivision. Saguaro Canyon has a gross density of 3.29 d.u./acre. Paramount Subdivision was annexed in 2003 and land immediately west of Ventana is zoned for professional office and single family uses. Larkwood Subdivision east of Saguaro has lot sizes that run approximately 2 acres each. The proposed density-3.41 d.u.lacre gross-is very similar to Saguaro Canyon. Thus staff finds that surrounding developments are mixed densities-either the same or less, but the proposed density is within the anticipated range for a medium density project. ACHD has also reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). Meridian Road (between Chinden and McMillan) is not programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion of the North Slough Trunk that is not yet constructed. 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 single family residential use will change the existing rural character of the subject property. There are two estate-type properties north of Ventana which, according to public testimony issued at prior Meridian hearings, are not expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single family and multi-family housing at 3 to 8 d.u.lacre. The proposed use is compatible with the Future Land Use Map. The design and density conforms to most of the Comprehensive Plan policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous. However, staff finds that the new residences may be disruptive to existing agricultural practices to the north. It should be noted, however, that the Commission and Council made this finding in the affirmative during the Saguaro Canyon hearings for the same rural properties. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-0 19 - Exhibit G Page 3 of5 G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend sanitary sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stormwater drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use pennit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase significantly upon build-out of the proposed subdivision. The Commission and Council should refer to the TIS prepared by WGI that accompanies this application for specific details on traffic impacts. The traffic engineer determined that, even at project build-out in 2009, Meridian Road will function at an LOS C or better. Staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision's two vehicular approaches off of Meridian Road will need to be aligned with the proposed public streets on the west side of Meridian Road Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-0 19 - Exhibit G Page 4 of5 (Paramount) and comply with the turn lane and intersection control conditions imposed by ACHD. The WGI study shows Meridian Road, north of McMillan Road and south of ChindenlSH 20-26, to be LOS C or better at the 2009'build-out of Ventana (5,531 ADT). The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. The ACHD Commission has approved the Ventana Subdivision preliminary plat application. 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 alUlexation and re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of "major importance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)1 Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing elementary school capacity remains an important but undetermined factor for this subdivision. The school district has stated in the past (for other North Meridian developments) that additional students will further compound the current overcrowded situation and residents cannot be assured of attending the neighborhood school. Both Havasu Creek and Paramount Subdivision have been approved for new elementary schools, although neither of these sites has a construction date at this time. Long-range planning in the North Meridian area has been underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. Staff finds that the annexation of this property is largely in the best interest of the City. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-0 19 ~ Exhibit G Page 5 of5 EXHIBIT H Preliminary Plat Findings Ventana Subdivision (File PP-04-026) The City Council hereby approves the following analysis of required findings by staff; Sections 12-3-3 1.2 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; Staff finds the subdivision to be in substantial conformance with the Comprehensive Plan, as noted in Finding "A" under Annexation and Zoning above. b. The availability of public services to accommodate the proposed development; As noted under Findings G and L under "Annexation and Zoning," Stafffinds that public services are available to accommodate the proposed development c. The continuity of the proposed development with the capital improvement program; The proposed subdivision would not create any more additional requirements or demands to the City than other residential uses. The Public Works Department crp includes the North Slough Trunk extension, a portion of which is proposed to be constructed by the developer of Ventana Subdivision. d. The public [maneial capability of supporting services for the proposed development; Staff finds that the development will require public expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private firm to acquire easements, design and construct the line. The funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion by June 2005. Ventana Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H Page 1 of2 e. The other health, safety or environmental problems that may be brought to the Commission's attention. Other than previously noted, staff does not find any other health, safety or environmental problems associated with this subdivision that need to be brought to the Councilor Commission's attention. Ventana Subdivision Findings of Fact and Conclusions of Law - PP~04-028 - Exhibit H Page 2 of2 EXHIBIT I Conditional Use Permit Findings Ventana Subdivision (File CUP-04~028) 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; Stafffinds that the subject property is large enough to accommodate the requested use and all other required features as noted above. 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 Finding "A" under Annexation and Zoning. 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; See Findings "D" and "E" under Annexation and Zoning. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; See Finding "F" under Annexation and Zoning. 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; See Finding "0" under Annexation and Zoning. F. That the proposed use will not create excessive additional requirements at Ventana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I Page 1 of2 public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See Finding "H" under Annexation and Zoning and Finding "D" under Preliminary Plat. 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; See Finding "I" under Annexation and Zoning. 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; See Findings "I" and "J" under Annexation and Zoning. 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 Finding "K" under Annexation and Zoning. V entana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I Page 2 of2 January 21, 2005 CUP 04-028 MERIDIAN CITY COUNCIL MEEfING January 25, 2005 APPLICANT G.L. Voigt Development Company ITEM NO. 5~D REQUEST Findings for Approval- Request for a CUP for a PD for single-family residential use with reduced lot frontages, reduced lot sizes, and reduced chord lengths and increased block lengths including clubhouse pool & playground in a proposed R-8 zone for Ventana 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: Contacted: ~ 5~ Date: / /;?II a:::- Phone: Emailed:-es-f::;l.&cK.Y/.VJ(;2C?4.J.I2-q-./k:7- Staff Initials: ~ Materials presented at pUblic meetings shall become property of the City of Meridian. See attached Findings ~vU CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of Annexation and Zoning of 64.48 Acres from RUT (Ada Co.) to R-8 Zone AND Preliminary Plat Approval of Two-hundred and twenty (220) Buildable Lots and Seventeen (17) Other Lots on 64.48 Acres, AND Conditional Use Permit Approval for a Planned Development with Reduced Lot Frontages, Reduced Lot Size, Reduced Chord Lengths and Increased Block Length, Including Clubhouse, Pool and Playground, by G.L. Voigt Development Co. Case Nos. AZ-04-019, PP-04-026, CUP-04-028 For the City Council Hearing Date of: January 11, 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 S67- 6509. The matters were duly considered by the City Council at the January 11,2005, 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 Plmming and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE I 0[5 3. Application and Property Facts 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 Kenneth L. and Sharon Aschenbrenner. 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. 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 (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 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, the revised Preliminary Plat dated October 14,2004 as shown in Exhibit B, the revised CUP Site Plan dated October 14, 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 MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0 19, PP-04-026 AND CUP-04-028 - 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 October 14,2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated October 14, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminary Plat (PP-04-026) i. Amend Condition #11 (second to last sentence) as follows - ". . .Applicant shall coordinate with the conform to the Park's Department standards for construction of the regional pathway." ii. Delete last sentence of Fire Department condition #5 as follows - "To increase emergency access to the site a minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. The t\l','O entrances shall be separated by no less than h the diagonal measurement ofthe project." " b. Conditional Use Permit (CUP-04-028) 1. Delete last sentence of Fire Department condition #5 as follows - "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 t'.','O entrances shall be separated by no less than Y2 tho diagonal meaSUi"cment of tho proj cct." 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 notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval affinal plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 2. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit shall be valid for a maximum period CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0 19, PP-04-026 AND CUP-04-028 - PAGE 3 of 5 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 11-17-4.8.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 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: Annexation and Zoning Comments (all agencies) Exhibit E: Preliminary Plat Conditions of Approval (all agencies) Exhibit F: Conditional Use Permit Conditions of Approval (all agencies) CiTY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-0 19, PP-04-Q26 AND CUP-04-028 - PAGE 4 of 5 Exhibit G: Annexation and Zoning Findings Exhibit H: Preliminary Plat Findings Exhibit I: Conditional Use Permit Findings By action ofthe City Council at its regular meeting held on the ~d,tl/1J ,2005. Z ;;-f!::- 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: Department, Public Works Department and City Attorney. By: ~~h(l ~I'{'\J City Clerk's Office Dated: l ~lli ~or; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-019, PP-04-026 AND CUP-04-028 - PAGE 5 of5 EXHIBIT A Legal Description Ventana Subdivision PP-04-026 .._ -U"T J,U.i;c.Od ..Joe HlOKs (20S] 8e4-5399 1'.2 i IDAHO SURVEY GROUP 10 I S.A\Ien St.. SOO! 105 Heri<foln.l<!aho 002 f'hoae POOl Si6-8.570 Fax (206) 118-0329 Project No. 03 J4 800 G.L VOIGT PARCEL MERIDIAN AND McMILLAN ROADS PO!1iODS ofGovemment Lets 3 1l1ld 4, and the West ~ofthe East 'h,ofthe Southwest y.. of Section 30, TAN., RIB.. EM, Ada County, Idaho, more particularly described as follows; Commencing at the comer common to Section 2S and 36 ofTAN..R.1W., and section3! and the said section 30, from which the '.4 comer common to said sections 25 and 30 bears North 00023 '00" East, 2640.13 feet; thence: North 00"23'00" East, 1025.00 feet to the REAL POJNr OF Bi:GINNlNG. Thence continuing North 00"23'00" East, 1591.12 feet to a point which bears South 00"23'00" West, 24.00 feet from the y.. comer common to said Sections 25 and 30; thence South 89'54'43" East, 1295.60 feet; thence North aoon'oo" East, 24.00 fret to II. point on the East-West mid-section line; thence along said line South 89'54'43" BaSI, 461.94 feet to tIle Northwest comer ofthe West Ii of the East 'II of the Southwest V-<; thence along the East line of said West 'h of the East Y2 of the Southwest !4 South 00"29'24" West, 1619.47feet; thence North 89"46'14>> West, 1754.51 feet to the Point of Begintling. Containing MAg acres, more or less. Subject to right-of-way for Meridian :Road along the West bouoolll)' all other easements ofrecorn or use< ~IJA' Rl>lJl p.'i' e'l ~\-,[\l\ JIJN 1. ~ {J. ~PU6\'\C. ,,\~R\O\!';~ 0101'1 . 'tJoR"~ D Terry Peugh, PLS EXHIBIT B Preliminary Plat Ventana Subdivision (File PP-04-026) Pf,El,IAfWl'1 P\AT ~TA ~..;;-"'- ~ mi~.~ ~ ~~ ~ ~~ ""'--- ~~ t1 ~"" t....!!<l!r= ".-.1J_lM!l!!'I I.~'" ~.,...~~~~~ ~\r;w{$1.i:/l- -t-ltoltoJ..?::P:l: a.ir-'I:'~""'r.!r~ n.e_~~ == m=~1 EXHIBIT C Site Plan Ventana CUP (File CUP-04-028) 17 ':: ,~~ I j ,,-.J <~ , ;'E;,.7 ~ ~ :tlMIQ.arn:r-.: ~tl:Ii1 ~ ~ ....m -----.- ~uc - --- .... x::MtUlt -~"'_l."<< "'... ........ -... -- _________ ~'~UII: ~.f;'-..Ud: f'KIIIIoO&QI~,. ......"''''''' e.tl .......... -....." .. ~~:!:ll': ~~1" ~ ~ ~~ """-= , ...... lll~_ fl)~~ {lo) :nM.IIa.l'jl rrt..J' "" ""- "'""- ~ EXHIBIT D Annexation and Zoning Comments Ventana Subdivision (AZ-04-019) 1. The legal description submitted with the application (stamped by D. Terry Peugh on 5-13-04) appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT E Preliminary Plat Conditions of Approval Ventana Subdivision (File PP-04-026) SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from the North Slough Trunk that is currently in the design stage by the City of Meridian. The applicant will be responsible for constructing the lateral sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. This proposed development is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 2. Water service to this site shall be via a 16-inch main line extension from a main currently being designed by the City of Meridian. The City's project will extend water service up N. Meridian Road to McMillan. The applicant will be responsible for constructing the 16-inch diameter water mains to the mid-section line, and a 12-inch main to the north boundary line extended in Meridian Road, and a 12-inch diameter main through the development to the end of the stub street into Saguaro Canyon. All other mains through this proposed development shall be 8-inch diameter. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. 3. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintain by the Ventana Home Owner's Association. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, and the applicant shall be subject to irrigation plan review fees. Underground year-round pressurized irrigation must be provided to all lots Ventana Subdivision ~ PP-04-026 ~ Exhibit E Page 1 of 10 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. 4. Prior to City Council approval of the final plat for Phase 4 (or whatever phase incorporates the piping of the North Slough), the applicant shall submit a written statement from Settlers lnigation District to the P&Z Department clarifying the required easement width for the North Slough drain. Applicant shall meet the conditions of SID. 5. Revise the preliminary plat to add a ffilmmum 15-foot wide micropath lot somewhere between Lot 11 and 14, Block 10 to increase connectivity to the common lot. Construct a 5-foot, asphalt or concrete micropath within the lot and landscape in accordance with MCC 12-13-15. 6. To enhance pedestrian safety, the final plat construction drawings for Phases 1 and 4 shall include some form of designated crosswalks at all locations where the 10-foot and 6-foot multi-use pathway crosses a public right-of-way, such as striping, pavers, or other alternative surface treatment. Said crosswalks shall be coordinated with and approved by Meridian P&Z and ACHD staff. 7. A detailed fencing plan shall be submitted upon application of the final plat for each phase. 8. The conceptual landscape plan submitted with the preliminary plat (Sheets PL-I thru PL-3, dated 6/15/04 by The Land Group) is approved with the following changes: a. The 6-foot dogear cedar fence around Lot 1 in Blocks 3, 5, 7, 10 and 11 and around Lot 21, Block 9 shall be constructed as either a "good neighbor fence" or orienting the vertical facing boards toward the public streets or as otherwise approved by the Zoning Administrator. b. The meandering sidewalk shown adjacent to N. Meridian Road is not approved at the 4-foot width shown. This sidewalk must be at least 5 feet wide. c. The play area shown on Lot 1, Block 3 is not approved in that location (see CUPIPD site specific conditions). d. As conceptually shown on Sheets PL-2 and PL-3, any stonnwater retention swales in the Meridian Road street buffer shall be designed in accordance with MCC 12-13-14. The use of any sand or cobble shall be designed as a dry creek bed or as otherwise approved by the Zoning Administrator. e. No trees will be allowed within the common lots that have sanitary sewer Ventana Subdivision - PP-04-026 - Exhibit E Page 2 of 10 mains traversing through them. Relocate those trees show within these lots to other locations within the development. 9. All inigation ditches, laterals or canals intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plans will need to be approved by Settlers Irrigation District, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar-grated inlet structure and access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. The applicant shall address the access to each of these required structures, as some will fall within the back yard of several lots. 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Meridian Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway (or 6-foot where the reduced pathway width is allowed). Buildings are precluded from constructing within this easement. The lO-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall coordinate with the Park's Department for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 12. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shaIl be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Any ACHD-required access driveways to serve stormwater areas that are located within required open space lots shall be shown on the detailed landscape plans with each final plat. 13. Phasing for the overall project may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final Ventana Subdivision- PP-04-026 - Exhibit E Page 3 of 10 plat approval request of said phases are contiguous to previously approved phases. GENERALCOMMENTS--PREL~INARYPLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbeling. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 7. 250 and 1 DO-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 plior commencing installations. 8. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3:1. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. Vent ana Subdivision - PP-04-026 - Exhibit E Page 4 of 10 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. SPECIAL CONSIDERATIONS - PRELIMINARY PLAT Status of Private Driveway on North Boundary: As a point of information for the Commission and Council regarding Ventana Subdivision, staff is including the following condition that was placed on Farwest, LLC as part of the Saguaro Canyon Estates Development Agreement regarding the 24-foot gravel driveway on the north boundary of Ventana: "The 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as the five acre parcel is connected with a dedicated public road, built in full compliance with ACHD's road bed, curb, gutter, sidewalk and other right-of-way standards sufficient to provide the five acre parcel in its current state, or as a re-subdivision with full public access. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value." While the developer of Ventana Subdivision has no control over the timing of when this condition may occur, staff believes the intent of the condition is to eliminate any possibility of the gravel driveway becoming a permanent and unsightly barrier between the Priddy parcel to the north and Ventana Subdivision. We believe some level of interconnectivity between these two properties as well as Saguaro Canyon should be planned and the stub street to the north helps to accommodate this north-south interconnection. North Slough Irrigation Easement: The applicant is proposing to pipe and re-align the North Slough drain in the northeast comer of the property. The new gravity irrigation line would lie entirely within common lots. While the prescriptive easement is 40 feet, Settlers Irrigation District has not, to date, determined the ultimate easement width for the North Slough after it is piped. If the 40-foot easement width is retained, it appears two or three buildable lots may be impacted. The applicant will need to comply with Settlers Irrigation District requirements and, if applicable, amend the final plat for Phase 4. (See Site Specific Condition #4.) Ventana Subdivision - PP-04-026 - Exhibit E Page 5 of 10 FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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. 6. Building setbacks shall be per the Building Code for one and two story construction. 7. The proposed 234-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. P ARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, must connect from one major arterial to another, and either an easement Ventana Subdivision - PP-04-026 - Exhibit E Page 6 of 10 or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Ada County Hbrhwav District Conditions Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way from centerline (an additional 1 O-feet from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-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 Meridian Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian 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 East Tatum Drive to intersect Meridian Road at the property's north property line and align with the main entrance to Paramount Subdivision, as proposed. 3. Construct East Santiago Drive to intersect Meridian Road approximately 690-feet north of the south property line, as proposed. 4. Construct East Santiago Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk within 50-feet of right- of- way. Front on housing and parking shall be prohibited on this roadway. 5. Construct East Tatum Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk on the north side of the roadway and vertical curb, gutter and a 1 O-concrete multi-use pathway on the south side of the roadway within 50-feet of right-of-way. Front on housing and parking shall be prohibited on this roadway. 6. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed. Ventana Subdivision - PP-04-026 - Exhibit E Page 7 of 10 7. Construct a new stub street to the north property line approximately 600-feet west of the east property line, as proposed. Install a sign at the terminus ofthe roadway that states, "This roadway will be extended in the future." 8. Extend East Montevina Street into the site from the east property line approximately 940- feet north of the south property line, as proposed. 9. Construct three cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the turnarounds. 10. Construct Lot 18 and Lot 31 of Block 7 as pedestrian paths to the south property line, as proposed. 11. Construct Meridian Road to provide a minimum of 19-feet of pavement from the centerline of Meridian Road abutting the entire site. 12. Construct a minimum of 31- feet of pavement from the centerline of Meridian Road for the East Tatum Drive intersection and the East Santiago Drive intersection where the northbound right turn lanes were recommended by the submitted traffic impact study. 13. Other than the access points that have specifically been approved with this application, direct lot access to Meridian Road are prohibited. A note describing the access restriction to Meridian Road will be required on the final plat. 14. Comply with all Standard Conditions of Approval. Standard Conditiolls of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Ventana Subdivision - PP-04-026 - Exhibit E Page 8 of 10 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 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 tenus and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Ventana Subdivision - PP-04-026 - Exhibit E Page 9 of 10 Central District Health Conditions of Approval 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 Environrnental 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. Settlers Irrhmtion District Conditions 1. All irrigation I drainage facilities along with their easements must be protected and continue to function. The facilities involved are the North Slough Lateral and the Rosti Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. Ventana Subdivision - PP-04-026 - Exhibit E Page 10 of 10 EXHmIT F Conditional Use Permit Ventana Subdivision (File CUP-04-028) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least one of the required amenities within the development shall be located on Lot 1, Block 10. Applicant shall submit details of the amenities with each final plat application. 3. A condition of the CUPIPD shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The applicant shall provide/construct the following amenities within the subdivision: a. A IO-foot wide (and 6-foot where otherwise approved), public, asphalt pathway, built as a continuous system from the intersection of Meridian Road and E. Tatum Drive and extending to the east property line (connecting to Saguaro Canyon Estates); b. Playground equipment, provided in Lot 1, Block 11; c. Over 10% of the gross area as open space; and d. A clubhouse with restrooms and a swimming pool. 6. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part ofthis application: Lot Size~ City Requirement R-8: 6,500 sq. ft. per lot Approved Lot Sizes 6,388 sq. ft. per lot Frontages- City Requirement 65' minimum Approved Minimum Frontage 40' minimum Ventana Subdivision - CUP-04-028 ~ Exhibit F Page I of3 Chord City Requirement 40' minimum Approved Chord Length 35' minimum Length - Block Length- City Requirement 1,000' maximum Approved Len!!ths 1,760' maximum (with micropath) 7. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. A Certificate of Zoning Compliance must be obtained for the clubhouse and pool prior to applying for building permits. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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. 6. Building setbacks shall be per the Building Code for one and two story construction. Ventana Subdivision - CUP-04-028 - Exhibit F Page 2 of3 7. The proposed 234-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, 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. Ventana Subdivision - CUP-04-028 - Exhibit F Page 3 of3 EXHIBIT G Annexation and Zoning Findings Ventana Subdivision (File AZ-04-019) 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. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) dulacre in the Comprehensive Plan and Ventana's gross density is 3.41du/acre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The applicant proposes to construct a 10- foot wide regional path from the parcel's west boundary to the center of their east boundary (connecting to Saguaro's proposed pathway). Joint School District No.2 has already purchased a 41 acre site in the section and they are not pursuing any further land acquisitions in Section 30 at this time (according to Wendell Bigham, Facilities Director). P&Z Department staff is not aware of any efforts the Meridian Parks & Recreation Department is undertaking to acquire land within this section for a public park. The Comprehensive Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (see policy #8, page 108) and similar policies aimed at controlling growth. The applicant has closely coordinated with the Public Works Department on the extension and alignment of the North Slough Trunk line through this property. Paramount Subdivision is currently constructing the sanitary sewer and will stub to Meridian Road. Below are some of the 2002 Comprehensive Plan policies which generally support the annexation request (Staff analysis is shown in italics). The application also lists several other policies which support annexation: · "Promote the design of attractive roadway entryway areas throughout Meridian that will clearly identify the community." (Ch. V, Goal III, Obj. B. #7) Ventana is proposing a 30-foot wide landscape buffer lot on Meridian Road with a substantial amount of new landscaping and hardscaping therein. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 1 of5 · "New development should not rely on cul-de-sacs since they provide poor fire access, walkability and neighborhood social life. New development and streets should be designed to encourage walking and bicycling." (Ch. VI, Bullet #2, p g. 71) Within the 64+ acre development, the preliminary plat proposes three (3) cul- de-sacs. Staff believes these are acceptable and are justified to prevent excessive straight-aways and achieve the highest and best use of the land. · "Require pedestrian access in all new developments to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (Ch. VI, Goal II, Obj. A, #5) The plat proposes to extend both the regional pathway and future streets out of Saguaro Canyon Subdivision and shows two (2) new pathway stubs to the south, which will allow future middle school students to access the regional pathway system. · "Coordinate with irrigation districts to provide multiple use of existing irrigation easements." (Ch. VII, Goal III, Obj. B, #3) The applicant is coordinating with Settlers Irrigation District to provide a new, paved, lO-foot wide maintenance/pathway facility adjacent to the North Slough. · "Require usable open space to be incorporated into new residential subdivision plats." (Ch. VII, Goal IV, Obj. C, #3) B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. This is only the third urban-scale development and annexation application in Section 30, T4N, RIB. Upon extension of the North Slough Trunk into this square mile, additional rezone requests are anticipated. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested zoning district of R-8, with a Planned Development to allow the reduced frontages, reduced lot sizes and longer blocks. D. Has there been a change in the area or adjacent areas which may dictate that the Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 2 of 5 area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the east has been recently annexed and approved for single~ family residential lots in Saguaro Canyon Subdivision. Saguaro Canyon has a gross density of 3.29 d.uJacre. Paramount Subdivision was annexed in 2003 and land immediately west of Ventana is zoned for professional office and single family uses. Larkwood Subdivision east of Saguaro has lot sizes that run approximately 2 acres each. The proposed density-3.41 d.uJacre gross-is very similar to Saguaro Canyon. Thus staff finds that surrounding developments are mixed densities-either the same or less, but the proposed density is within the anticipated range for a medium density project. ACHD has also reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). Meridian Road (between Chinden and McMillan) is not programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion ofthe North Slough Trunk that is not yet constructed. 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 single family residential use will change the existing rural character of the subject property. There are two estate-type properties north of Ventana which, according to public testimony issued at prior Meridian hearings, are not expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single family and multi-family housing at 3 to 8 d.uJacre. The proposed use is compatible with the Future Land Use Map. The design and density conforms to most of the Comprehensive Plan policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous. However, staff finds that the new residences may be disruptive to existing agricultural practices to the north. It should be noted, however, that the Commission and Council made this finding in the affirmative during the Saguaro Canyon hearings for the same rural properties. Ventana Subdivision Findings of Fact and Conclusions of Law ~ AZ-04-019 - Exhibit G Page 3 of5 G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the property to be a1ll1exed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend sanitary sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stormwater drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase significantly upon build-out of the proposed subdivision. The Commission and Council should refer to the TIS prepared by WGI that accompanies this application for specific details on traffic impacts. The traffic engineer determined that, even at project build-out in 2009, Meridian Road will function at an LOS C or better. Staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision's two vehicular approaches off of Meridian Road will need to be aligned with the proposed public streets on the west side of Meridian Road Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 4 of5 (Paramount) and comply with the turn lane and intersection control conditions imposed by ACHD. The WGI study shows Meridian Road, north of McMillan Road and south of ChindenlSH 20-26, to be LOS C or better at the 2009 build-out of Ventana (5,531 ADT). The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. The ACHD Commission has approved the Ventana Subdivision preliminary plat application. 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 re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of "major importance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing elementary school capacity remains an important but undetermined factor for this subdivision. The school district has stated in the past (for other North Meridian developments) that additional students will further compound the current overcrowded situation and residents cannot be assured of attending the neighborhood school. Both Havasu Creek and Paramount Subdivision have been approved for new elementary schools, although neither of these sites has a construction date at this time. Long-range planning in the North Meridian area has been underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. Staff finds that the annexation of this property is largely in the best interest ofthe City. Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-04-019 - Exhibit G Page 5 of5 EXHIBIT H Preliminary Plat Findings Ventana Subdivision (File PP-04-026) 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; Staff finds the subdivision to be in substantial conformance with the Comprehensive Plan, as noted in Finding "A" under Annexation and Zoning above. b. The availability of public services to accommodate the proposed development; As noted under Findings G and L under "Annexation and Zoning," Staff finds that public services are available to accommodate the proposed development c. The continuity of the proposed development with the capital improvement program; The proposed subdivision would not create any more additional requirements or demands to the City than other residential uses. The Public Works Department CIP includes the North Slough Trunk extension, a portion of which is proposed to be constructed by the developer of Vent ana Subdivision. d. The public fInancial capability of supporting services for the proposed development; Staff finds that the development will require public expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private firm to acquire easements, design and construct the line. The funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion by June 2005. Ventana Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H Page 1 of2 e. The other health, safety or environmental problems that may be brought to the Commission's attention. Other than previously noted, staff does not find any other health, safety or environmental problems associated with this subdivision that need to be brought to the Councilor Commission's attention. Ventana Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H Page 2 of2 EXHIBIT I Conditional Use Permit Findings Ventana Subdivision (File CUP-04-028) 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 shalljind evidence presented at the hearing(s) is adequate to establish (J 1- 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 requested use and all other required features as noted above. 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 Finding "A" under Annexation and Zoning. 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; See Findings "D" and "E" under AlU1exation and Zoning. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; See Finding "F" under Annexation and Zoning. 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; See Finding "0" under Annexation and Zoning. F. That the proposed use will not create excessive additional requirements at Ventana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 ~ Exhibit I Page 1 of2 public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See Finding "H" under Annexation and Zoning and Finding "D" under Preliminary Plat. 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; See Finding "I" under Annexation and Zoning. 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; See Findings "I" and "J" under Annexation and Zoning. 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 Finding "K" under Annexation and Zoning. Vent ana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I Page 2 of2 January 21, 2005 MERIDIAN CITY COUNCIL MEEfING APPLICANT The Land Group, Inc. AZ 04-030 January 25, 2005 ITEM NO. 5-E REQUEST Findings for Approval - Request for Annexation and Zoning of 1.8 acres from RUT to C-G zones for Southern Springs No.3 - east of South Meridian Road and south of East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: D~../(~ , Date: 1/d-4.l fJ!) Phone: Emailed: eta. v i d.. e?-f/'1.eJJla n elq "OW f J nee COr>) Staff Initials: JJ< ~ Materials presented at public meetings shall become property of the CIty of Meridian. See attached Findings ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of Southern Springs #3 Subdivision Case No(s). AZ-04-30, PP-04-041 For the City Council Hearing Date of: January 11, 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 967- 6509. The matter was duly considered by the City Council at the January 11, 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the Clerk's office. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-30, PP-04-041 PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofrecorcl at the time of issuance of these findings are Bradley M. Bengson. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit CID for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 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. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of denial 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. 5. That this denial is subject to the Legal Description in Exhibit A and the Preliminary Plat dated 9/27/04 in Exhibit B. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code So 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 Annexation request and Preliminary Plat are hereby approved subject to conditions of approval. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-041PAGE 2 of4 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Preliminary Plat Exhibit C: Annexation and Zoning Findings Exhibit D: Preliminary Plat Findings '1r-th BEction of the City Council at its regular meeting held on the ~? -Jo..ru 1.OJ0-.. , 2005. () day of COUNCIL MEMBER SHAUN WARDLE VOTED ?, COUNCIL MEMBER CHRISTINE DONNELL VOTED Lff {L; COUNCIL MEMBER CHARLIE ROUNTREE VOTED Yf- a..., COUNCIL MEMBER KEITH BIRD VOTED \.},t 01~.. MAYORTAMMYdeWEERD (TIE BREAKER) VOTED Attest: CiTY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-04 [P AGE 3 of 4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: (:J~ City Clerk's Office Dated: 2 - 1- OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-04-30, PP-04.041PAGE 4 of 4 EXHIBIT A Legal Description Southern Springs #3 Subdivision PP-04-041 Exhibit "A" A parcel of land being a portion of u.s. Government Lot 2 ofSeetion 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows; BEGINNING at the NW COpler of U.S. Government Lot 2 of Section 19 from which n brass cap monument marking the NW corner of said Section 19 bears NOoo37'52"E a distance of 1324.93 feet and from which an aluminum cap marking the SW corner of said U.S. Government Lot 2 bears SOo037'52"W a distance of 1324.92 feet; Thence along the North line of auid U.s. Government Lot 2 N89"43 '3S"E a distance of 602.97 feet to a 5/8 inch rebar marking the NW comer of Lot t of Running Brook Estates Subdivision as recorded at Book 65, Page 6636 and 6637, Book ofPJals, Ada County, Idaho; Thence leaving said North line and along the WestIine ofs!lid Lot 1 80Qo37'S2"Wa distance of 144.53 feet to a point on the North right-of-way line of E. Calderwood Drive; Thence leaving said West line and along said right-of-way line 889043 '26"W a dislance of602.97 feet to a 5/& inch lebar at the intersection of the extension of the North line of said right-of.wayand the Wesllinc of said Section 19, the centerline ofS. Meridian Road; Thence along said Weslline and lheceJ)tcrline ofS. Meridian Road NOoo37'S2"E a distance of 144.57 feet to the POINT OF BEGINNING; Said parcel contains 87,149 sq. ft. or 2.00 acres, mOre or less and is subject to any easements or righls-of..ways of record or implied. ~t<I'I'#~ ~'\ tl 'it...' <-' \ a'J ,'>\.'~:\ ,..." '}1 1" 'J) ,:>.,\..V:' ""IS 1''1. \'.\O\~s o~ ~f"''ll!)\'. C046HUround''YJog'Ll01004srl EXHIBIT B Preliminary Plat Southern Springs #3 Subdivision (File PP~04-041) Ie;' ., OHvar 'N"'ICH~3N NOlSIAraSJ1S S 'ON SmlIHdS N~3:H~nos ; - J 6 ~ r-: tii ~E:;g ~ :.oJ>:::: e-~ t:80 .~ ~;:;-g;1rl~~8 ~~~~iZ~~~~ ~t3~~~t~~~ ~~=~~~B:8 ~~ '--~~~ga c..:;li: 0==5: "'= ~ ~q 5 ;506 o 0 r- '" --' I ~'J",' 'I' ':,::11;:/ '4i "'- .;if ~~' ~ "1i:fr~:~j .. ~l!, I'I,:.'!/l":!: I'" -, E., '., '''fl)jiL(~'l i3 ~~ ~: ~~1tj :~ ~ ~, . ;', '-'1'$1'" I I !' ii, 'I ' 'b1' ::'UW: : li":, n ,~r!---- - - - i ..~ 1 ,i.. ,:H~ : @ 91 :.~ ) ! ,} fr~ ," '): - t.'~s~ I .1, I.:! .irf. "<.l. [./i I, J' : :1';:.", ", j ,.<1, ~ ' l III 1 ;j:-I>i...... s ~ . Ii:, l,tii!j:;J.: : ..-.,....., "j"" I t I: 'IT. I I ~ ~ ~/ ,~~~ I I , '1";(') ~ 1 , 'Iii,il,l,~'t,";,""', \;' t ~:L L~~~, . , J lfi:j(,I" : . , 'id ~rr! , 'i"li~ i'f~~tJ "1 "jl 11l;1;. I .J +'-Y~fut J" .""...: '- r~. I J l! ~.l)i;J). , (: --i~"-,..,;o,-, }" 'oI'I{Y "" ; . -: -: -:-,;:. . ,:.0,,=:,-. '::"-'J:~:--; . f f1!,r{;,:-: --_....~- {~7-"'ff~~~~~ ,..ll-'_::,.:J& .,. .:" . J ,-..."j ,0;"0- <I :.- ._~o ~- ., ------ -~,t...":'.r-- ~ ~ ... "" ___--:-_ ~ __. _ ----.::..;.~.,,_;~J::.:.. ~_............-- 'H )_,... OJ s:: .- j; .s. 1:;';. .'.) o:? ", "~ ~l (0 -1 I I I I --~~~~~ ~ ~ ~ ~ ~ 5 ' -'-'~~~FIII ~ (:; .; ~ ~ 1= -=:_ <Yl BIll '::'-..<'J ~<: } 11 i 11 ,1 ; ~ ~ '. ~i~ ~ J .. Q" ~ ~ - ;; /SlIltlo ::I'" S:.lI:I: ~q~'f.'~ p!~~~u~ ~H~HHl , 11 ~ i'fr l~~J iil ~i ~ ~. r. ~ II 11 * . ~:'-r;:~~'~ I.I~--'; .: ~i~h~r~kH~I.-".,.,' J:, I ~i;~;~~ '. ~ Hii~'L, '. H . "Wff,-1i.;',- ; . ~ . j; " ~ ~ ~ ~ C\I I a. a. fE wq ru.1l! rIm ~ ;r~l~ EXHIBIT C Southern Springs #3 Subdivision Annexation Findings Thefollowing is the list of standards found in 11-15-11: "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; Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercia1." The Commercial designation is to "provide a full range of commercial and retail to serve area residents and visitors." The applicant has requested a General Commercial (C-G) zone, which complies with the comprehensive plan. Council finds the following 2002 Comprehensive Plan text policies to be applicable. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) · "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal N., Obj. A, #6) o "Permit new. . .commerciaL . .developments onIy where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) · "Improve and protect creeks (. . .Ten Mile Creek) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Obj. A, #11) B. Is the area included in the zoning amendment intended to be rezoned in the future; Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Council finds that the proposed development would be allowed within the requested C-G zone, which complies with the future land use map in the Comprehensive Plan. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the stt'eets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Council finds the general vicinity of this project has experienced a rapid change from agricultural and low density residential uses to commercial/urban type development in the last three years. The Larkspur project (office and assisted living), Southern Springs No.1 and 2 (commercial) and the widening of Overland Road to five lanes are examples of the increased urbanization in the immediate area. Council finds a rezone of the proposed property would be compatible with other land use and facility changes 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; Council finds that commercial uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. A buffer between land uses will be required between this project and the existing residence to the east. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Council fmds the majOlity of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Council finds that Meridian Road and Calderwood Drive have sufficient capacity to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Council finds that this development will not cause excessive additional requirements at public cost. The property to be annexed may be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Council also finds that the annexation and zoning alone 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; Council finds that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. However, MCC 11-12-2 and 11-12-3 are intended to prohibit impacts such as noise, glare, vibration, fire hazards, etc. on adjacent properties. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Council finds that based on ACHD's report, the project is anticipated to generate up to 163 vehicle trips per day (10 existing). No access will be taken directly to SH-69 from this parcel. The project will have cross-access to Southern Springs No.1 for access to Meridian Road. The access points along Calderwood Drive align with the approved accesses for Larkspur Sub to the south, per ACHD requirements. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Council finds that the annexation alone will not result in the destruction, loss or damage of natural or scenic features. Several existing trees on site may need to be retained or mitigated for. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The Council finds that the annexation of this property would be in the best interest of the City for reasons described above. ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal deScliption submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. EXHIBIT D Southern Springs #3 Subdivision Preliminary Plat Findings PRELIMINARY PLAT FINDINGS The City Council hereby approves the following analysis of required fmdings by staff: Sections 12-3-3 J2 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; Council finds that the subdivision is in conformance with the Comprehensive Plan as approved in the annexation and zoning request. b. The availability of public services to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Council finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Council finds that there should not be any other health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. January 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT The Land Group, Inc. PP 04-041 January 25, 2005 ITEM NO. 5-F REQUEST Findings for Approval - Request for Preliminary Plat approval of 3 building lots on 1.8 acres in a proposed C-G zone for Southern Springs No.3 - east of South Meridian Road and south of East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted';'))~$ -I!~ , Date: I~ (o~ Phone: Emailed: J.A V(oA, #! 14t'\d jCCU'J Me. Staff Initials: tLf?- --F- C()l\1 MaterIals presented at public meetings shaJl become 'Property of the City of MeridIan. See attached Findings Mrv-V CITY OF lVIERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Southern Springs #3 Subdivision Case No(s). AZ-04-30, PP-04-041 For the City Council Hearing Date of: January 11, 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 967- 6509. The matter was duly considered by the City Council at the January 11, 2005 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-] 7-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the Clerk's office. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-041 PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Bradley M. Bengson. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C/D for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~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. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of denial 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. 5. That this denial is subject to the Legal Description in Exhibit A and the Preliminary Plat dated 9/27/04 in Exhibit B. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation request and Preliminary Plat are hereby approved subject to conditions of approval. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-Q41PAGE 2 of4 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Preliminary Plat Exhibit C: Annexation and Zoning Findings Exhibit D: Preliminary Plat Findings By action of the City Council at its regular meeting held on the V thut-tJl,1., 1- ' 2005. COUNCIL MEMBER SHAUN WARDLE z;;1f:- day of VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED f;1e^- VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-04 I PAGE 3 of 4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: .j~il1Y\ M Q ~ ) City Clerk's Office Dated:_\ ~ 710 .as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-041PAGE 4 of4 EXHIBIT A Legal Description Southern Springs #3 Subdivision PP-04-041 Exhibit "A" A parcel ofland being a porlion oflJ.S. Government Lot 2 of Section 19, Township 3 North, Range I East, Boise Meridian, Ada COllnty, Idaho and more particularly described as follows; BEGINNING at the NW COpler of U.S. Government Lot 2 of Section 19 from which a brass cap monument marking the NW corner of said Section 19 bears NOO"37'52"E a distance of 1324.93 feet und from which an aluminum eap marking the SW comer of said U.S. Government Lot 2 bears SOO"37'S2"W a distance of1324.92 feet; Thence along the North line ofsaid U.S. Government Lot 2 N89"43'38"E a distance of 602.97 feet to a 5/8 inch rebar mmking the NW comer of Lot 1 of Running Brook Estates Subdivision liS recorded at Book 65, Page 6636 and 6637, Book ofl'lats, Ada County, Idaho; Thence leaving said North line and along the West line of said Lot I SOO"37' 52"W II distance of 144.53 fect to a point on the North right-of-way line of E. Calderwood Drive; Thence leaving said West line and along said right-or-way line S89"43 '26"W a distance of 602.97 feet to a 5/8 inch rebar at the intersection of the extension of the North line of said right-or-way and the We~lline of said Section 19, the centerline of S. Meridian Road; Thence along said Wesllinc and the ccmerline ofS. Meridian Road NOO"37'S2"E a distance 0[[44.57 feet to the POINT Or. BEGINNING; Said plU'(:el contains 87,149 sq. ft. or 2.00 acres, more or less and is subject to any easements or rights-of.ways of record or implied. ~~~~ "",,\1\ ",,/~ ~ t)'l 1.. fjIJ'Jl\ <) t. ,. t)1,.\C ,,\\ ,?1I,,1. t~",\o~'f.S 0'<- ~ >t10" CCM6244-""und,lJ' J<goUD2004'" EXHIBIT B Preliminary Plat Southern Springs #3 Subdivision (File PP-04-041) J IC\:~ i Ii ,~: ~..; u!i.. :i HI ~: r OHVGI 'NV[OI~m'l NOISIAraans S 'ON .... L SONmdS N~3H~nos ........ I ' I ,. ........,..~..., ,i?.:::i s,~ -;;:: ... ? ~ ~ ~. ,., _J::~~p!. 5~"1~.M~~~~ "'" .dI1OKD a....... tt1u ,~-::: I 1 < I, t ,l! , -- .- ! r J - ! . .........w. t . . " IJ . ! C'\l d.. n. ~ :; ...: '" '" '" ~ zsi.5 o t:lz ~~ ~g~.fi ~Vl lJ...wz3...::: .p.,1"1~,Ow~..::!!::! ~ci~z:tnp,:;g-: ~zc::a!:.:.;.....:ii!>O;1; -'t~uf=Oi=:m~~ ~g~2~p~g(.~ @g: :::,~~ ;;:a~ ~V'! Z.u.lc...Q::l' o.~ q~~ ~ ~ ~5~ ~ 1:;: ~ v. ..J :i ! i a : H L; .. M:II i 'l' ,. ;If 1; ;}'!~I~j~ pn."!!~ n,nnn 11 ";,.,,, !.....1J.f , i r '. .. a ;a:;. ~ ~ if r , ;, ~~~ .~~:t~. ....R..\~ 'n;."ffi ~i#jJir. . ... . ,~~,' . 1~~~ rl....iij..6i.T.- ';, ' .:,Ih" ..J 1iI'1. :~!; W~~~L ' ttll ,~Ji;'1~.!ft\- .."', Mil Z "'" ~ ~ 11 ~ ~ EXHIBIT C Southern Springs #3 Subdivision Annexation Findings Thefollowing is the list of standards found in 11-15-11: "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; Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "CommerciaL" The Commercial designation is to "provide a full range of commercial and retail to serve area residents and visitors." The applicant has requested a General Commercial (C-G) zone, which complies with the comprehensive plan. Council finds the following 2002 Comprehensive Plan text policies to be applicable. · "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) · "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) · "Permit new. . .commerciaL . .developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) · "Improve and protect creeks (. . .Ten Mile Creek) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Obj. A, #11) B. Is the area included in the zoning amendment intended to be rezoned in the future; Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Council finds that the proposed development would be allowed within the requested C-G zone, which complies with the future land use map in the Comprehensive Plan. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Council finds the general vicinity of this project has experienced a rapid change from agricultural and low density residential uses to commercial/urban type development in the last three years. The Larkspur project (office and assisted living), Southern Springs No.1 and 2 (commercial) and the widening of Overland Road to five lanes are examples of the increased urbanization in the immediate area. Council finds a rezone of the proposed property would be compatible with other land use and facility changes 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; Council finds that commercial uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. A buffer between land uses will be required between this project and the existing residence to the east. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Council finds the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Council finds that Meridian Road and Calderwood Drive have sufficient capacity to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Council finds that this development will not cause excessive additional requirements at public cost. The property to be annexed may be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Council also finds that the annexation and zoning alone 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; Council finds that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. However, MCC 11-12-2 and 11-12-3 are intended to prohibit impacts such as noise, glare, vibration, fire hazards, etc. on adjacent properties. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Council finds that based on ACHD's report, the project is anticipated to generate up to 163 vehicle trips per day (10 existing). No access will be taken directly to SH-69 from this parcel. The project will have cross-access to Southern Springs No.1 for access to Meridian Road. The access points along Calderwood Drive align with the approved accesses for Larkspur Sub to the south, per ACHD requirements. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Council finds that the annexation alone will not result in the destruction, loss or damage of natural or scenic features. Several existing trees on site may need to be retained or mitigated for. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The Council finds that the annexation of this property would be in the best interest of the City for reasons described above. ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. EXHIBIT D Southern Springs #3 Subdivision Preliminary Plat Findings PRELIMINARY PLAT FINDINGS The City Council hereby approves the following analysis of required fmdings 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; Council finds that the subdivision is in conformance with the Comprehensive Plan as approved in the annexation and zoning request. b. The availability of public services to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Council finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public fmancial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Council finds that there should not be any other health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. January 21, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 25, 2005 ITEM NO. 5-G REQUEST Resolution - Wastewater Facility Plan & Sewer Master Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution ~~ Contacted: EmajJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 05..-16 g BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION ADOPTING THE CITY OF MERIDIAN WASTEWATER TREATMENT FACILITY PLAN AND SANITARY SEWER MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest ofthe City of Meridian to develop its wastewater and sanitary sewer infrastructure in an organized, economical and efficient malUler; and WHEREAS, the Idaho Department of Environmental Quality approved, on January 5,2005, the City of Meridian 2003 Wastewater Facility Plan Update, prepared by Carollo Engineers, and the City of Meridian 2004 Sanitary Sewer Master Plan, prepared by JUB Engineers; and WHEREAS, on January 18, 2005, the City Council of Meridian, upon the recommendation of the Public Works Department, approved adoption of said Plans; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has adopted the above Plans as the official wastewater and sanitary sewer system plalUling documents for the City of Meridian. Official copies of the Plans are available for review at the Public Works- Engineering Department. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho 2S~ day of I(Ulu~ ,2005. APPROVED by the Mayor ofthe City of Meridian, Idaho, this 2.5~ day of J(iyU.lft~ ~ ,2005. RESOLUTION ADOPTING THE W ASTERW ATER TREATMENT FACILITY PLAN - Page 1 of 2 ~ I ATTEST: g d~Ab9--\ CITY CLERK '" 'I' STATE OF IDAHO) County of Ada, ) '1 --lIt \ On this 0<-5 day of V4JI\JM-lfI ' 2005, before me, the undersigned, a Notary Public in and for said State, personal y appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~" ...Ull..... ~.,.,.,. C'f. L. 8 Jl~ ";.#. ",,'" ~'\j, ........ '0:[1'", ~.. .. 'b....... .. ~:.r. ~ :- ..\- · .0 'r " ,,~.. . ~ : .. ~ aT A~ l~'" ':0 .. . ~ ..(.... : * : ~.CD : * 5 M. . 0 .. -: . . - .. . '" 1C. .. 0;. · .rUB\... ~ .. :: __ Ii ..-. ~ <.1-. e~.. 00 0 ~ ~ ./'. "" o. ,;.. .... ....... "'"1." J tIoGlIIiIOUG -, ~- ,'" .... Pi:; U r lV ........ ..46......11I..... a Qi."ia""f,l. RESOLUTION ADOPTING THE W ASTERW A TER TREA TMENT FACILITY PLAN ~ Page 2 of2 January 21, 2005 MERIDIAN CITY COUNCIL MEETING January 25, 2005 APPLICANT City Council President - Shaun Wardle REQUEST Department Liaisons Department Reports ITEM NO. 7-A-l AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting January 13,2004 Page 17 of 70 RECEIVED JAN 2 5 2005 City of Meridian City Clerk Office Nichols: Madam Mayor, Members of the Council, I'm going to read the minutes and go back through and do it and so even -- as fast as he is, Mr. Willis usually has those done by Thursday, so 1'm not sure h I'm not sure I can promise you a drafted by Tuesday next week. We will do it as quickly as we can. I don't know that there is any real pressing time frame on it. It's just we have tried to move it to you as quickly as we got it back from St. AI's with the latest changes. De Weerd: I guess the target can be the final documents on the agenda in three weeks and interimly if you can give your comments as soon as you get them back to Doug and our attorney. Okay. I don't think we need a motion. Strong: Thank you. D. City Councif President - Bill Nary 1. City Councif Appointments: De Weerd: Thank you, Doug. Okay. Item 0 is the City Council President. Nary: Madam Mayor, Members of the Council, we have talked previously about appointments for the different liaison positions. What I was going to do this coming year is try to do them a little bit differently than we have done them in the past, so that way' we hopefully maybe can get a little different look at it. What I have ultimately decided, I think after discussions with everyone, on the Public Works liaison, Councilmember Rountree will take that role. That also does include the solid waste advisory committee as Mr. Sedlacek said at our Pre-Council Meeting they go hand in hand together. The public safety we are going to do differently than we have in the past. The Fire and Police Department liaison will be Council Member Bird for both of those departments. Both of the chiefs were very excited about that opportunity and thought that would be a very good fit for them as well in working together as a group for -- they have very similar needs and really felt very strongly about Council Member Bird's participating. That would be a real asset to them. The Parks Department, Council Member Wardle has agreed to be the liaison for that department. He has been on the commission, they, again, were very encouraged by his continuing participation, and he will also, with myself, be the liaison for the Planning and Zoning Department. There are some particular needs of some projects and some things that Mrs. Powell wanted to work on and for time considerations, I think for both of us that are going to work out for both us, as well as the department. Then, finally, I guess a group that I -- for lack of anything else, I labeled as public services, the services that originate out of City HaIL Currently the finance department, the human resources department, and the city clerk will have one liaison. I will take that duty and responsibility for the next year for those three departments and I have communicated that to all the different departments, so they are aware that of that. Council Members, they will be providing you with the monthly check runs for each of the departments for your review. We haven't changed anything in regards to our fiscal policies, so those remain the same. For Council Member Rountree Meridian City Council Meeting January 13, 2004 Page 18 of 70 and Wardle, what we decided about a year and a half ago, I think, Council Members will review all the expenditures of each of the departments that exceed 5,000 dollars and will sign off on those expenditures. The ones that are less than that don't require Council signature, but, certainly, in the discussion with your different department heads that you're working with, you're going to have to work with them as to how you want that communication to flow as to what's going on. What they are doing and, of course, obviously, when the budget time rolls around that will be the next phase of the liaison responsibility is working directly with those departments on helping to formulate their budgets and enhancement for the next year. Unless I forgot something, I think that was it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I didn't hear you, Bill, but I might have -- you were taking HR right? Nary: Right. Human resources, City Clerk, and finance out of this building, so -- Bird: Okay. De Weerd: Okay. I'm assuming that that is all agreeable. I would imagine that we need a motion to confirm those assignments. I can't remember -- Bird: No. De Weerd: No. It's what he said. Rountree: It's his choice. Bird: What he says. De Weerd: Okay. Just for clarification, you sign documents or checks for the purchase orders from purchases over -- 5,000 dollars and above, but you will get a check run on all purchases that you are to review and discuss with your departments. Nary: Madam Mayor, one last thing I forgot. Also, I guess everyone knows this, but as Council President I also will review the expenditures, the PO's from the Mayor's Office as well and, then, the check runs from that as well, so - Item 7. (Items Moved from Consent Agenda) De Weerd: Okay. Okay. Any further comments, questions? Okay. We will move on. There are no items moved from the Consent Agenda. January 21,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 25, 2005 ITEM NO. 5-1 REQUEST Approve Beer and Liquor License for Bill N Lynn's Back Room - 229 West Franklin AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~rr~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meefings shall become property of the City of Meridian. January 21,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 25, 2005 ITEM NO. 5~H REQUEST Approve Beer and Wine License for Dancing Dog Coffee House - 10 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: EmaHed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING 1- 2'5-tJ~ IICenJ~/t~~~ ( ktflp{ Ntfl-/J~ -?/~ ITEM NO. 7-13-/ . APPLICANT REQUEST 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: M~ If"/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 21. 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Fairview Lakes. LLC RZ 04-015 January 25. 2005 ITEM NO. 13 REQUEST Ordinance - Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retiremen1 complex at Devon Park Subdivision No.2 - 824 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:~ Date: (( ;}-c.l{ ~ Phone: Emailed: ~~..ft.t."..., v~ ('Me t' .- fk.,,-!- Staff Initials: AiL- Materials presented at public meetings shall become properly of the City of MerldJan. See attached Ordinance ~ /llJ'g (}-~~IJG / NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05~ ;1 ~ l3 PROVIDING FOR A RE~ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land mown as Devon Park Subdivision II, commonly located in the Southwest Y4 of the Southeast Y4 of Section 6. Township 3 North, Range 1 East of the Boise Meridian. Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.9 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. 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 J..5.f.!;. day of :JilItU/lVtr;~" 2005. .., . , .Of City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk d pursuant to Idaho Code ~ i ::: ... i .. "' \1: First Reading: 1-- 2 ? - t? 7 ;r.'t Adopted after first reading by suspension o(l~ 50-902: YES X NO Second Reading: Third Reading: - ORDINANCE SUMMARY - REZONE OF RZ~04~015 - DEVON PARK SUBDIVISION n - Page 1 ADA COUNTY RECORQFJ:lJ. DAVID NAVARRO AMOUNT .00 5 ~~~~T~Ara~liO~OD%~\Dn,~6 AM 1111111111I11111111111111111111111111 REcORDED-REQUEST OF 105014061 CITY OF MERIDIAN I CITY OF MERIDIAN ORDINANCE NO. &5"-// zl3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-04-015 AKA DEVON PARK SUBDIVISION II) LOCATED IN THE SOUTHWEST % OF THE SOUTHEAST % OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LJMITS OF THE CITY OF MERIDIAN AS REQUESTED BY FAIRVIEW LAKES, LLC.; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-40 (HIGH DENSITY - RESIDENTIAL APARTMENT BUILDINGS) TO R-15 (HIGH DENSITY - MULTI-FAMILY) 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 by 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: Fairview Lakes, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-40 (High Density - Residential Apartment Buildings) to R-15 (High Density - Multi Family) 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 re-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. RE-ZONE OF RZ-04-015 DEVON PARK SUBDIVISION n - 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 of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofldaho. SECTION 9. That pursuant to the affinnative vote of one-half (1/2) plus one (1) ofthe Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this :2~-rt day of J~d- ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this %~ -JAavvu;vv'r day of , 2005. ~>-- ) MAYOR T - ~RD ATTEST: CITY CLERK STATE OF IDAHO, ) ) ss. County of Ada ) On this 2s-+day of ..Jd~~"ff. ' 2005, before me, the undersigned, a Notary Public in and for said State, personallyap eared TAM:MY 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) ~""I"'I',, ~t '## ~...t~\CB 1. 8 #""" .:' ,..~~ .... .....~ 4t-/.... ,:; '\ .. ~~.,:.. .... .. / .. ....,;.,.. i : ",0 T A.Ii., "..'''''- ~ : *. ..:: : : .....0... : ~_ ~ :. \.,/::1 ~:.....:; ';. if> \ trBLl.C; ~ ~~fi. ..- $ .. -'" ~ e.. ." 0 .. -'. (/11 ........ \'):'.....:- --. OF ro ~ ~........ .f~,,_.*,,:. '" US".'" ....;~ RE-ZONE OF RZ-04-015 DEVON PARK SUBDIVISION n - Page 3 of 3 EXHIBIT "A" Legal Description Residential Area Devon Park No.2 A parcel of land situated 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 % corner 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" East a distance of 666.99 feet; thence 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; thence North.. 89036'33" 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 ofcurvature 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 longchord of which bears North 45023'24" East a distance of 39.60 feet tb a point of non-tangency on the said West line of said Settlers Village; thencealdng 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; thence 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" Easta distance of 325.00 feet to the True Point of Beginning. Said parcel contains 205,422 square feetor 4.7158 acres, more or less. REVI~L/o(p--. . ':' / ..'-"" . 77 .. OCT 2 5 ~ 357 f. Wotertnwer Ln" ~ Suite F, Meridian. ID 83642 p ~nR RRR Edt; Q I )111\ J!f\I\ nf,r. I I I I I I I I --.--.~b' --~. _u~-~t..;"" ~i,U '..--.J-- _P\_~: h.......~: _~=,;<fia.: ~--~lI_.Z'{.:.m+ --~1::1i: - ~~li._ :;~ J~~~h7 j ,~~. :~ -~~~L ~.'c~..c.'~~;';LI'~ ~' Q1~,/~~!rS-J~ ~.! 42 h S ~41f Ii-' ~' -----~-~f.-..~q'JJJ.JII,l-:JIl j . r~ i II I.J7..Jr'----~...j T]1~r:r~ '-J.l..:".Jir.{1itn. /l,~ .._.._.__._ t= '. . .... r .to ,,~ r I .. !l:1 I' . ~ ." r--- , I - - - - _<_.._ ' '. _. . 'Rl w. - p.;: ... r-- I 'r----~- ""--""filWi-_..:.J'~ I':' '1-,--.,. ~'I \'<"A1-,h:~mnnn{i..t" ,'~,.. ,;~ ---~-:h.; ,j,l:,~ ,.~ !~,,u ,t.1f.. :~." l i I i t.~I.~.'.'-. "'-". '.-'l~ };f~.. 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I. .,;< "I...... ..'........ ........:.1 I "-~.i--'~ ~- ~"-r: '~:r: 'fj--':~T: -u -:''lifU--' . . = II-=-4 f :~. 1. '. d.... '. Ir :i~U~ \~~:] I I : : I ~.' I ~~ 11: t,l'Yl =~I( '__::_j~~ ~ ,: \ -".---- ~19'"' , - J~';,.. '.' - --(J ~. /)<::=:?~~i-~~~~~-:-~ l'~l"l-~'~ ... "{,' ~ "'" . ~ .' ____r · ~ II... 1 M I U 1'1 "'I It · \ ~ III., ... ~ I~_u , . ~ II .~~Jtr~iB\~';;8 ~~.. :. ~~ ( -: I ~ tl-~ ;!t~'>;'-.;---~-==;~i lil ~-~-T-~-T~'~~'~ I r~~' ' ~ ';: = ~ ~~ ~ ~rn:>> I#i I ~;{i ~t-l-+""l- - . ,- '..; r- -. I r '--(. II. .7, '. """(," 'F1i ~y .; 'I"'jl ------1= ._--j]~--~~~~~~~;@~ i!; ""'- no..,.,,\\. ~.Q iili.: LJ:ltGJ \Nil "U'r4~ i ~ ~ - - 0 ~ 8 N ~ i'i .. ~ '<WlI 1-1'0 .",,"J;!~ z .0:( -1'1' Q.l! w: ~.~ (: RECEIVED JAN 2 5 2005 City of Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 01/21/2005 Re: Proposed Agenda Item for January 25, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 25 City Council agenda, under department reports, for Council's consideration: License Agreement for the Black Cat Trunk Sewer Phase 1 Proiect. A request for an addendum to our license agreement with the Nampa and Meridian Irrigation District for open trenching across the Kennedy Lateral instead of boring under the Kennedy Lateral has been received by the Public Works Department: Recommended Council Action: The Public Works Department recommends that City Council approves the addendum to the License Agreement for open trenching 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 ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this _ day of ,2005, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (District), and the CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 (Licensee), is made with reference to the following facts: The District and Licensee, entered into a certain License Agreement dated June I, 2004, recorded as Instrument No. 104070340, Records of Ada County, Idaho. The purpose of the License Agreement is, in part, to permit Licensee to construct and install a sanitary sewer line and a water line across and under the Kennedy Lateral and Purdam Drain where said ditches mrcrsect Black Cat Road, located north of the intersection of Black Cat Road and Franklin Road in Meridian, Ada County, Idaho. Licensee now represents to the District that Licensee desires to modify and amend said License Agreement to allow Licensee to discharge water from its dewatering activities at two locations into the Purdam Drain and one location into the District's Ten Mile Drain. Licensee now also represents to the District that Licensee desires to modify said License Agreement to allow Licensee to cross the Kennedy Lateral with an open trench rather than boring under the Kennedy Lateral. Execution of this addendum in accordance with these facts will affect or change the terms of said License Agreement NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the License Agreement referred to above naming the parties hereto as parties, the parties agree as follows: I. Exhibit C, of said License Agreement is hereby amended to authorize Licensee to discharge water from its dewatering activities at two locations into the Purdam Drain and one location into the Ten Mile Drain and also to construct and install a sewer line across the Kennedy Lateral with an open trench rather than boring under the Kennedy Lateral. Construction shall be in accordance with Exhibit D-I, attached hereto and by this reference made a part hereof. Licensee shall be responsible and shall ensure that any pipes which ADDENDUM TO LICENSE AGREEMENT - 1 dIscharge 1I1to the Purdam Drain and Ten Mile Drain do not cause any erosion or subsidence of soil within the Purdam Drain and Ten Mile Drain. 2. Licensee represents that Licensee has complied with all federal, state or ot~cr laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. 3. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. 4. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is lhe subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. 5. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State ofIdaho or the United States, or any other dcstlllation. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. 6. Licensee shall not excavate, place any structures, plant any trees, shrubs, or perform any other ADDENDUM TO LICENSE AGREEMENT - 2 construction or activity within or affecting the District's easement for the Purdam Drain, Ten Mile Drain and Kennedy Lateral except as referred to in this agreement or exhibits hereto without the prior written consent of the District. The District's easement along this section of the Purdam Drain is 65 feet, 25 feet to the left and 40 feet to the right of the centerline looking downstream. The District's easement along this section of the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. The District's easement along this section of the Kennedy Lateral is 55 feet, 20 feet to the left and 35 feet to the right of the centerline looking downstream. 7. Construction on the Kennedy Lateral shall be completed prior to March 15,2005. All other construction shall be completed not latcr than one year from the datc of this Agreement. Time is of the essence. 8. Said License Agreement is hereby affirmed and shall remain in full force and effect cxcept as modified by this Addendum. License acknowledges and agrees that it is bound by the covenants, conditions and agreements contained in said License Agreement. 9 The Licensee agrees to pay reasonable attoOley fees and recording fees for preparation and recording of this Addendum. 10. The covenants, conditions and agreements contained herein and in said License Agreement shall constitute covenants to run with, and running with, all of the lands of Licensee described in Exhibit A of said License Agreement, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District and Licensee, have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMP A & MERIDlAN IRRIGATION DISTRICT By Its President ATTEST: I ts Secretary ADDENDUM TO LICENSE AGREEMENT - 3 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMP A & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year 111 this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ) ss: County of Ada ) ,2005, before me, the undersigned, a Notary Public in and for and , known to me , respectively, of the CITY OF that executed the foregoing instrument and On this _ day of said State, personally appeared to be the and MERIDIAN, the political subdivision and municipality acknowledged to me that such entity executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: ADDENDUM TO LICENSE AGREEMENT - 4 ** TX CONFIRMRTION REPORT ** 22 23 24 25 26 27 29 29 313 31 32 DRTE TIME TO/FROM 131/21 17:24 PUBLIC WORKS 131/21 17:25 120846644135 131/21 17:26 8841159 131/21 17:27 20888413744 01/21 17:27 POLICE DEPT 131/21 17:28 89855131 131/21 17:29 LIBRARY 131/21 17:313 92083776449 01/21 17:31 3886924 01/21 17:32 2088886854 131/21 17:33 208 895 03913 ./:~ i AS OF JAN 21 '05 1..,$4 PRGE.B1 CITY OF MERIDIAN MODE EC--S EC--S E'C--S EC--S EC--S EC--S E'C--S EC--S EC--S EC--S E'C--S M I N/SEC PGS 013'26" 13131 1313'27" 1301 1313'27" 13131 00'26" 13131 013'27" 001 00'27" 0131 1313'32" 1301 00'26" 13131 136'26" 1301 013'26" 13131 013'26" 001 CMD~ 171 171 171 171 171 171 171 171 171 171 171 STRTUS OK OK OK OK OK OK OK OK OK OK OK j ~'l tas.c l'"'O;::.t t(.:r nU:::l \ 1 c.... 1\,1"0'11 [( - \ V\[\.n \< \'1.. \ .~~t.P r--.... P / (:" y u" P "- "-/YLeriditfJ1" J) '\ ID.\l-!O ~ /) MArOIl Tammy de W,~'nl CITY COUNCIL MF.MBERS William L. M. Nary Keith iljrd C:h~,.Je$ M. Rountree ShatUl Wnrdlc CiTY DEPARTMeNTS J-Jrc 540 E. Franklin Road BB8-t2J4/fax 89!i-03~u I'MKS 0$; Recreation 11 1::. !low". SIn'"t 881l.3579 f fax S9~.5S01 I')allning & Zoning 660 K Watel'tower LMe $uHc 202 384-5533/ fax BBII-f>5S4 T'ullce 1401 E. Watt'rtower Lane 888.66781 f.~x 846-73~6 Public Works 660 E. W atCttOw~I' l.aM Suite 200 1\98-55001 (P.x 898-9551 . Bulldlnfl 660 E. Watertower l.i\tW Suite 150 8S7-2211! inx 8117.1297 - 5cwf,r (WWTP) 3401 N. Ten Mile ROad 86S-21911fnx 884-07# - Water 2235 N. W. 8th Street 88S-S242fl"" 88~-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 25, 2005 at 6:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled Clty Council meeting as well as the following issue: - COMPASS Presentation on the Communities in Motion Plan by Toni Tisdale - Quarterly Finance Report The public is welcome to attend the meeting. DATED this 21st of January, 2005. J~;6- C1TY JIAl.l 33 EAST IDAIIO AVENUE MEHJDIAN, IDAHO 83642 (208) 888-4433 0\ \ r.1.1'.II~-I"~ f\t\fl,.,1218 IlL'II.Il' ~E~Ollt<r.~S_I,.~ 8$4..8723 l'IN.INrf. & UTILITY -SILL1,\C-F.\X 81\7.41;13 ~I,I\"OR'S OFFIC~-f,\X l'lR4.HI 10 P1cosy..PC6t ~cY YLlb\ \"C NO+-t(~~.ThL\J"l~S~~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 25, 2005 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, with 51. Luke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes: B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: C. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISED Request for Preliminary Plat approval for 220 single- family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and Meridian City Council Agenda - January 25,2005 Page 1 of 3 All materials presented at public meetings shaff 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. increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Springs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 041 Request for Preliminary Plat approval for three (3) building Jots on 1.8 acres in a proposed C-G zone for Southern Springs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: G. Resolution No. Plan & Sewer Master Plan: Wastewater Facilitv H. Approve Beer and Wine License for Dancing Dog Coffee House - 10 West Franklin: I. Approve Beer and Liquor License for Bill N Lynn1s Back Room - 229 West Franklin: 6. (Items Moved from Consent Agenda) 7. Department Reports: A. City Council President - Shaun Wardle 1. Department Liaisons: 8. FP 04-082 Request for Final Plat approval of 11 commercial building lots on 10.8 acres in a C-G zone for Southern Springs Subdivision No.2 by The Land Group, Inc. - SWC of East Overland Road and South Meridian Road: 9. FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacfe Engineers, Inc. - 5995 North Jericho Road: 10. RP 04-002 Request for a Reduction in Platting Requirements to divide one 12.25 acre un-platted parcel into two parcels in a C-G zone for Lyons Meridian City Council Agenda - January 25, 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. Development, llC by Lyons Development, LLC - southwest corner of West Overland Road and South Stoddard Road: 11. Public Hearing: V AR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: 12. Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscany lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: 13. Ordinance No. 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: Meridian City Council Agenda - January 25, 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 CONFIRMATION REPORT *'" AS OF SAN 2S '05 21:''16 PAGE. 01 CITY OF MERIDIAN' DATE TIME TO/FROM MODE M!WSEC PGS CMDlI STATUS 06 01/2521'183810160 EC--S 01 '53" 013'1 21313 OK 07 B1/2S 21:20 PUBLIC WORKS EC--S 01' 07" OOq 2130 OK 08 01/25 21:22 8841159 EC--S 131'137" 004 21313 OK 09 131/25 21'23 2088840744 EC--S 01'09" 004 2130 OK 10 01/25 21:25 POLICE DEPT EC--S 01' 137" 004 200 OK 11 01/25 21:27 8985501 EC--S 01'06" 004 2013 OK 12 131/25 21'28 LIBRARY EC--S 01'25" 004 200 OK 13 01/25 21:30 92083776449 EC--S 01'e6" 004 2e0 OK 14 01/25 21:31 3886924 EC--S 01' 07" 004 200 OK 15 01/25 21:33 P-RND-Z EC--S 131'e6" 004 21310 OK 16 01/25 21'35 208 895 03913 EC--S 01'136" 1304 2130 OK 17 131/25 21:36 208 387 6393 EC--S 01'137" 004 21:10 OK 18 01/25 21:38 ADA CTY DEUELMT EC--S 131'136" 004 2013 OK 19 01/25 21'40 8885052 EC--5 131'06" 13134 2013 OK 20 01/25 21'42 IDAHO ATHLETIC C EC--S 131'06" 004 2130 OK 21 131/25 21'43 ID PRESS TRIBUNE EC--S 131'07" 004 200 OK 22 01/25 21'45 2088886701 EC--S 131'136" 0134 2130 OK ---------------------------------------------------~---------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 25, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle " )( Christine Donnell ::::::x= Charlie Rountree ::y Keith Bird -L Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: ~~cv 4. Adoption 01 the Agenda: 1Il~V'CL a$ ~Y/~A.-- 5. Consent Agenda: A. Approve Minutes of January 11,2005 Pre-Council Meeting Minutes: ~...,.c.... B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: '7f>r'1r<-- C. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISED Requestfor Preliminary Plat approval for 220 slngle- family residential building lots and 17 common lots on 64.48 acres in a proposed R~8 zone for Ventana Subdivision by G.L. VOigt Development Company - north of West McMillan Road and North Meridian Road: ~I/'<:..- D. Findings of Fact and Conclusions of Law for Approval: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single~family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and Meridian City Council Agenda - January 25, 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 10 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 I RMf-t, ION REPORT ** AS OF JAN 28 '05 1$;49 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 32 01/28 16:48 12083363558 MODE MIN/SEC PGS CMD~ STATUS EC--S 60' 56" 003 226 OK ---~--~-------------------------------------------------~----------------------~------------ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, January 25,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: --1L- Shaun Wardle -L Christine Donnell ~ Charlie Rountree -1L- Keith Bird ----L Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approved as Revised 5_ Consent Ag~nda: A. Approve Minutes of January 11, 2005 Pre-Counal Meeting Minutes: Approve B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G. L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 04- 026 REVISeD Request for Preliminary Plat approval for 220 single- family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.l. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve D. Findings of Fact and Conclusions of Law for Approval: CUP 048028 REVISED Request for a Conditional Use Pennit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and Meridian City Council Agenda - January 25, 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 ancl!or hearinAs. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A DECISION & ORDER In the Matter of a Request to Amend the Preliminary Plat (PP-02-006) to add 6 additional building lots in locations that were previously platted as storm drainage ponds for Tuscany Lakes Subdivision, by Tuscany Development, Inc. Case No. PP-04-040 For the City Council Hearing Date of: January 25, 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 ofrecord within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matters were duly considered by the City Council at the January 25, 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 recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP.04-034 - PAGE I of4 verified that the property owner of record at the time of issuance of these findings is Tuscany Development, Inc. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for the Preliminary Plat application. S. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated October 26, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 3, 2005 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP.04-034 - PAGE 2 of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. 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 offinal plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). E. Notice afFinal 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 ~ 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 approval 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (1-03-05, with conditions) Exhibit C: Preliminary Plat Conditions of Approval (all agencies) Exhibit D: Preliminary Plat Findings BJlition of the City Council at its regular meeting held on the ~5f!:. nUfillJ-' 2004. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-04-034 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: 1, \. Copy served upon Applicant, The Pl~ftu.;.'" "'"'Nf'.If$.Jj~\!~!i 'epartment, Public Works Department and City Attorney. By: jUOl rYl ~^ ~ City Clerk's Office Dated: 2-25-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-04-034 - PAGE 4 of 4 EXHIBIT A Tuscany Lakes Amended PP-04-040 Legal Description DESCRIPTION DETAIL "A" AMENDED TUSCANY LAKES PRELIMINARY PLAT October 8, 2004 TWO PARCELS OF LAND LOCATED IN THE NW % OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN. ADA COUNTY, IDAHO, BEING MORE PARTrCULARL Y DESCRIBED AS FOLLOWS: WEST PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T.3N" R1E., B.M., THENCE S OO~14'24" W 1085.99 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO A POINT; THENCE S 90.00'00" E 506.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 72047'45" E 329,32 FEET TO A POINT; THENCE S 1r12'15" W 95.24 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 52.94 FEET, SAID CURVE HAVING A RADIUS OF 126.00 FEET, A CENTRAL ANGLE OF24.04'29", TANGENTS OF 26.87 FEET, AND A CHORD WHICH BEARS S 05010'00" W 5255 FEET TO A POINT; THENCE S 74.59'47" W 141.40 FEET TO A POINT; THENCE N 34.05'07" W 110.87 FEET TO A POINT; THENCE N 46030'03" W 150.98 FEET TO A POINT; THENCE N 18001'28" E 85.80 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINING 1.21 ACRES, MORE OR LESS. EAST PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T.3N.. K1E. B.M., THENCE S 00<14'24" W 1174.81 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO A POINT; THENCE S 90.00'00" E 878.69 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 72047'45" E 266.69 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 93.39 FEET, SAID CURVE HAVING A RADIUS OF 126.00 FEET. A CENTRAL ANGLE OF4202T55". TANGENTS OF 48,95 FEET. AND A CHORD WHICH BEARS S 04001'43" E 91.26 FEET TO A POINT; 40908.oC\;l11.A.oo, Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 1 of4 THENCE S 24'12'49" E 3122 FEET TO A POINT; THENCE S 82'48'06" W 131.16 FEET TO A POINT; THENCE N 28'56'58" W 90.47 FEET TO A POINT; THENCE N 81'18'56" W 137.23 FEET TO A POINT; THENCE N 11'12'15" E 120,33 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINING 0.82 ACRES, MORE OR LESS, WAYNE K BARBER P.LS, 8444 4090g.delall-A,des Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 2 of4 DESCRIPTION DETAIL "B" AMENDED TUSCANY LAKES PRELIMINARY PLAT October 8, 2004 A PARCEL OF LAND LOCATED IN THE NW Yo OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T,3N, R,1 E,. B.M., THENCE S 00.14'24" W 1336.59 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO A POINT; THENCE S 90.00'00" E 1983.83 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89.36'13" E 258.29 FEET TO A POINT; THENCE S 00"15'20" W 119.00 FEET TO A POINT; THENCE N 89036'13" W 258.58 FEET TO A POINT; THENCE N 00'23'47" E 119,00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINING 0.71 ACRES, MORE OR LESS. WAYNE K. BARBER P.L.S. 8444 40908.de1<l il.B. dc, Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 3 of4 DESCRIPTION DETAIL "e" AMENDED TUSCANY LAKES PRELIMINARY PLAT October 8,2004 A PARCEL OF LAND LOCATED IN THE NE X. OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T,3N., R.1E., B.M, THENCE S 00.14'24" W 1758.68 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO A POINT; THENCE S 90.00'00" E 3212.42 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 66.34'24" E 100.85 FEET TO A POINT; THENCE N 73"37'35" E 6958 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 15.04 FEET, SAID CURVE HAVING A RADIUS OF 81.00 FEET, A CENTRAL ANGLE OF 10"38'15", TANGENTS OF 7.54 FEET, AND A CHORD WHICH BEARS S 19"04'46" E 15.02 FEET TO A POINT; THENCE S 73"37'35" W 69.16 FEET TO A POINT; THENCE S 23.25'36" W 229.79 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 62.52 FEET, SAID CURVE HAVING A RADIUS OF 81,Q0 FEET, A CENTRAL ANGLE OF 44"13'34", TANGENTS OF 32.91 FEET, AND A CHORD WHICH BEARS S 55"46'41" W 60.98 FEET TO A POINT; THENCE N 55"38'38" W 129.01 FEET TO A POINT; THE,NCE N 33035'23" E 271.91 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 0.88 ACRES, MORE OR LESS WAYNE K. BARBER P.L.S. 8444 4()<)()S-delall-Cdes Tuscany Lakes Amended -PP-04-040 - Exhibit A Page 4 of4 ,ll <~ ..::if~ ~~ !C~-..-:~~---- . 1 i T'I 'I !. ~ ;, J~ Il;~ \.l'_ p. I!f! iI rl I ! ,I ;. ~; ~~ ",1 r I" ; I ~ii . '~'1 I i ~: . ~\. I !1Jj ""-:" !"'!!;! WI i.... "i1 --+-:(~ Ii' :l d '1 IIT;..J1 ;t"" 1 ,. f , .! ~ !.l! I .J i~---' ~; 'J ~7....lr:f1T--j /1' :I-J ii! ., i I I;--! ..:>...;;~/ ,:; 1,1,11 -'i~~-=-n!llii- - 'r'- r - "Tr"'---~->' .......1 '1111 ! '~t~tj~l~~~~--- ! I 1 : i-! 1. , l' i ") ) iJ~il\~t~~~l- -- .rLL1_u---:__ ....I.~. i'~~ij"~<"~-: ~......'..,\j ; ,~ J roo rJ'-: -,r-. '? --:--,. r- - - . , i.' I: \ '" "',. '." I (ll {, . ~ ,I Ii\ 1'/ '.! ! \1 '-, : _ -':.1, ~t ,~ .../ ! '11 , . L,,' 1 , , "." ';' i i "' ~ ":"'-., 111.--' . ...... ; . , ,Ii. 1 ~ -:- - :- ~ - -lH~ - r , HI' 1--' i EXHIBIT B Tuscany Lakes Amended PP-04-040 Approved Preliminary Plat ". r J ij I~ .1 If i~ II ,<II 11 " '..._~~. ,..:~ ~: ole I;; ;; ~. . Tuscany Lakes Amended ~ PP-04-040 - Exhibit A Page 1 of I ;: ~ jl I! ;!l c:, Iii Ii i! ~:lj~l~1 ~~;.~i~1 _, ~ ~;~; t ,I, 00"';-110.1 ~i;~~~ lillm 1'1 " i f r i" Ii! ",. ~n! ~J;e il! j;J ii EXHIBIT C Tuscany Lakes Amended PP-04-040 Conditions of Approval PLANNING AND ZONING/PUBLIC WORKS SITE SPECIFIC CONDITIONS 1. This Amended Preliminary Plat shall be subject to all applicable conditions of approval from Tuscany Lakes Subdivision (AZ-02-005, PP-02-006, CUP-02-006). 2. Trees within the roadside drainage swells shall be limited to one per property line intersection, per ACHD requirements, and the species shall be limited to Class I and II, as defined by the City of Meridian Landscape Ordinance. 3. Fencing details shall be submitted with each Final Plat application. Fencing on Lots 9, 10, and 11, Block 7 and Lots 39 and 52, Block 1 adjacent to pathways shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. A 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. 4. Where proposed street sections with drainage swells will be adjacent to previously approved Final Plats with curb and gutter, the construction drawings shall depict how the different street sections shall meet. 5. Sanitary sewer and water service to these lots will be from service line extensions from existing mains adjacent to the project. Subdivision designer to coordinate service routing with the Public Works Department. 6. Modify the design of Lots 39,40,50 and 51, Block 1, such that the pathway lot, runs on the east side of Lots 39 and 52. 7. Modify the design of Lots 38, 39, 52, 53, and 54, Block 1, such that there is no common space and 4 residential lots. GENERAL CONDITIONS 1. 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. 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. Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 1 of3 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will. not be considered as replacement trees for those trees that are removed. 3. 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. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year stonn event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. 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. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. 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 9. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 10. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Plat approval shall be subject to the expiration provisions set forth in MCC. 13. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 2 of3 OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS I. This project has no fire deparhnent concerns. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. ACHD CONDITIONS 1. All of the roadway improvements were required with Tuscany Lakes Subdivision, and those requirements are still applicable to this amended preliminary plat. 2. This District Planning Review staff is not approving the roadside swale section with this letter, and the applicant will need to coordinate the drainage accommodations with District Development Review staff. The applicant will need to demonstrate that the drainage can be properly accommodated with the requested change. 3. The applicant is required to pay all applicable platting and review fees. IRRIGATION DISTRICT CONDITIONS 1. Nampa and Meridian Irrigation District requires that 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. 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 N ampa & Meridian Irrigation District. 8. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 3 of3 EXHIBIT D Tuscany Lakes Amended PP-04-040 Required Preliminary Plat Findings Meridian City Code (MCC) 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 ofthis title and at least the following: A. The conformance of the subdivision with the Comprehensive Plan; The 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Medium Density Residential", which allows for densities of three to eight units per acre. (See Chapter VII, pg. 99.) Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Sewer and water will be extended to the proposed development by the developer. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Fire, Police, and Parks Departments, and any other agency, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost. D. The public financial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the and preliminary plat application. The Commission and Council should consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 1 of2 E. The other health, safety or environmental problems that may be brought to the Commission's attention. There are no health, safety, or environmental problems to bring to the Commission's attention. Tuscany Lakes Amended - PP-04-040 - Exhibit A Page 2 of2