HomeMy WebLinkAbout2001 05-15
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 15, at 6:30 p.m.
City Council Chambers
.' 1.
Roll-call Attendance:
X Tammy de Weerd X
X Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
2. Adoption of the Agenda: Approve - Table Item 3..F
3. Consent Agenda:
A. Approve minutes of April 10, 2001, City Council WorkShop:
Approve
B. Findings of Fact and Conclusions of Law: AZ 01..004 Request
for annexation and zoning of 16 acres from RT to R-15 for
proposed Fountain Park by David Waldron - southeast corner of
Locust Grove and Wilson Lane: Approve
C. Findings of Fact and Conclusions of Law: CUP 01..007
Request for Conditional Use Permit for planned development,
proposed Fountain Park on 16 acres for apartments within a
proposed R-15 zone by David Waldron - southeast corner of
Locust Grove and Wilson lane: Approve
D. Findings of Fact and Conclusions of Law: RZ 01-002 Request
for Rezone of 0.51 acres from R-4 to L-O for Idaho Banking
Company by Idaho Banking Company - 403 West Cherry Lane:
Approve
E. Findings of Fact and Conclusions of law: CUP 01-004
Request for Conditional Use Permit for Eagle Concrete Pumping
in a flood plain overlay district in an I-L zone by Eagle Concrete
Pumping - north of King, east of 5th Avenue, and west of Baltic
Place: Approve
Meridian City Council Agenda - May 15,200 I
Page I of4
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 contnct the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
F. Findings of Fact and Conclusions of law: CUP 01-009
Request for Conditional Use Permit for planned development to
include office, retail and industrial for proposed Treasure Valley
Technical Center by Meridian Freeway Associates and DBSI
Industrial Limited Partnership - % mile east of Linder Road, north
side of Overland Road: Tabled until 6-5-01
G. Development Agreement: AZ 99-021 Request for annexation
and zoning for a continuing care retirement community, single- and
multi-tenant residential, office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of Sf. Luke's between Franklin
Road and Interstate 84: Approve
H. Tabled from May 1, 2001: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single- and multi-family residential and office and retail
use by Touchmark Living Centers - Joseph A. Billig - east of
St. Lukefs between Franklin Road and Interstate 84: Approve
I. April 2001 Addendum to Development Agreement with revised
Phasing Plan for Touchmark Living Centers: Approve
J. April 2001 Addendum to Development Agreement with St. Luke's:
Approve
K. Crossing Agreement with the Bureau of Reclamation for a sanitary
sewer line crossing the Five Mile Drain to serve Hartford
Subdivision - northeast corner of Ustick and Ten Mile Roads:
Approve
t. Approval of the Judges and Clerks for City Special Election:
Approve
4. Department Reports
A. Planning and Zoning Department - Director Shari Stiles:
1. Discussion of Administrative Approval of "Stealth" Cellular
Towers: Approve to have administrative approval except
in residential zoning
2. Mapping for Comprehensive Plan: Staff will work
B. Parks and Recreation Department - Director Tom Kuntz:
Meridian City Council Agenda - May 15,200 I
Page 2 of4
All materials presented at public meetings shall become properly ofthe City of Meridian.
Anyone desiring accommodation fur 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.
1. ACHD Irrigation Pipeline Easement Agreement: Approve
2. Five-Mile Creek Pathway Change Order: Approve
3. Surp/using old fence at the 58-acre park: Approve declare
"surplus property"
5. (Items moved from Consent Agenda)
6. Ordinance No. 01-917: AZ 99-021 Request for annexation and zoning
for a continuing care retirement community, single- and multi-tenant
residential, office and retail use by Touchmark Living Centers - Joseph
A. Billig - east of Sf. Luke's between Franklin Road and Interstate 84:
Approve
7. Tabled from May 1, 2001: CUP 01-005 Request for Conditional Use
Permit for gasoline facility consisting of a 3,612 square~foot canopy over
5 multi-product dispensers, cashier's kiosk and parking lot improvements
in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc.
-1850 East Fairview Avenue: Approve with conditions
8. Continued Public Hearing from May 1, 2001: PP 01-003 Request for
Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres
in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.
6 - Black Cat Road, north of Cherry Lane: Attorney to Prepare
Findings of Facts and Conclusions of Law
9. Continued Public Hearing from May 1, 2001: CUP 01-008 Request for
Conditional Use Permit of 3 residential lots to be developed as
subdivision, pool, clubhouse and recreation area in an R-4 zone for
Packard Subdivision by Packard Estates Development, LLC - north of
East Fairview Avenue, west of North Eagle Road on North Hickory Way:
Attorney to Prepare Findings of Facts and Conclusions of Law
10. Continued Public Hearing from May 1, 2001: RZ 01-003 Request for
rezone from R-4 to C-C for Partition Specialties, Inc by Ronald and
Coleen Schaub - 1315 North Meridian Road: Continue public hearing
to 6-5-01
11. Public Hearing: ZA 01-001 Requestfor consideration of amendments to
Title 12, Chapter 6, "Planned Development", and Title 11, Chapter 17
"Conditional Uses" of Meridian City Ordinance, along with related changes
by Primeland Development: Close public hearing; attorney to prepare
Ordinance
Meridian City Council Agenda - May 15, 200 I
Page 3 of4
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.
12. FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 10.66
acres in an R-4 zone for Bear Creek Subdivision No. by Briggs
Engineering - east of Stoddard and south of Overland Road: Table until
6M19..01
13. FP 01-006 Final Plat approval of 11 building lots and 2 other lots on 20.26
acres in an R-8 zone for Murdoch Subdivision No.2 by Howell Murdoch
Development Corporation - east of Locust Grove Road and south of
Medimont Subdivision NO.2: Approve with conditions
14. ACDS 01-04-S/01-11-CU/01-13-0TD/01-03-ZC/01-09-PBAl01-07 -MSP
Lee Centers - Powder River Subdivision: Discussion of Response
Comments to Ada County for an 80.04-acre county subdivision to include
215 single-family residential lots, 8 common lots, 3 open-space lots and 1
well lot; a Conditional Use Permit and Master Site Plan for a public/quasi-
public use to establish a municipal wastewater collection and treatment
facility; A Parcel Boundary Adjustment; A Zone Change from RUT (Rural-
Urban Transition) to R4 (Medium Low Density Residential);a Zone
Boundary Adjustment; and a One-Time Division. The property contains
151.98 acres and is located on the east side of Linder Road approximately
0.5 mile south of West Victory Road, Meridian, ID; Section 25, T3N, R1W:
Deny
15. Water, Sewer, Trash Delinquencies: Approve turn-off dates May 16
and 23, 2001.
Meridian City Council Agenda - May i5, 200 I
Page 4 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation fur 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, May 15, at 6:30 p.m.
City Council Chambers
. '1. RolI~call Attendance:
Tammy de Weerd K
Cherie McCandless X
)( Mayor Robert Corrie
Adoption of the Agenda: . . L?
~V'ik: w]}0/f.e-.,... J-F hM ~r 6-f? -01
Consent Agenda:
2.
3.
A.
x
)(
Ron Anderson
Keith Bird
B.
Approve minutes of April 10, 2001, City Council Workshop:
~t7vLlV
Findings of Fact and Conclusions of Law: AZ 01-004 Request
for annexation and zoning of 16 acres from RT to R-15 for
proposed Fountain Park by David Waldron - southeast corner of
Locust Grove and Wilson Lane:
Findin~;:;t and Conclusions of Law: CUP 01-007
Request for Conditional Use Permit for planned development,
proposed Fountain Park on 16 acres for apartments within a
proposed R-15 zone by David Waldron - southeast corner of
Locust Grove and Wilson Lane:
aterov<-
Findings of Fact and Conclusions of Law: RZ 01-002 Request
for Rezone of O.S1 acres from R-4 to L-Q for Idaho Banking
Company by Idaho Banking Company - 403 West Cherry Lane:
~V'e..-
Findings of Fact and Conclusions of Law: CUP 01-004
Request for Conditional Use Permit for Eagle Concrete Pumping
in a flood plain overlay district in an I-L zone by Eagle Concrete
Pumping - north of King I east of Sth Avenue, and west of Baltic
Place: a~~
C.
D.
E.
Meridian City Council Agenda - May 15,200 I
Page 1 of4
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.
F. Findings of Fact and Conclusions of Law: CUP 01-009
Request for Conditional Use Permit for planned development to
include office, retail and industrial for proposed Treasure Valley
Technical Center by Meridian Freeway Associates and DBSI
Industrial Limited Partnership - % mile east of Linder Road, north
side of Overland Road: 6 C (
-laiJ-f:,v ~ 2 . -"/-0
G. Development Agreement: AZ 99-021 Request for annexation
and zoning for a continuing care retirement community, single~ and
multi-tenant residential, office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin
Road and Interstate 84:
~pprov..e...-
H. Tabled from May 1, 2001: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single- and multi-family residential and office and retail
use by Touchmark Living Centers - Joseph A. Billig - east of
St. Luke's between Franklin Road and Interstate 84
I. April 2001 a-{~:~ to Development Agreement with revised
Phasing Plan for Touchmark Living Centers:
apyrrpVLe...-
J. April 2001 Addendum to Development Agreement with St. Luke's:
<<?pn7~ 'r
K. Crossing Agreement with the Bureau of Reclamation for a sanitary
sewer line crossing the Five Mile Drain to serve Hartford
Subdivision - northeast corner of Ustick and Ten Mile Roads:
ajYPY"'o~
L. Approval of the Judges and Clerks for City Special Election:
WP(lY1? V\.e...-
4. DepartmentReports
A. Planning and Zoning Department - Director Shari Stiles:
1. Discussion of Administrative Approval of "Stealth", Cellular ~
Towers: arfn-t?v.e * Aav<: adrnl'rup-lrcuhl/'.e.- aj?j?nr/l
e iC C-e-I:.. ~ /k" re Si~ ~ ~/Y::J
2. Mapping for Comprehensive Plan
~;::/' tvr') ( ?v'~/.:...
B. Parks and Recreation Department - Director Tom Kuntz:
1. ACHD Irrigation Pipeline Easement Agreement:
t2jTpY7:J 1/uL--
2. Five-Mih3 Creek Pathway Change Order:
~/'f?V~
Meridian City Council Agenda - May 15,2001
Page 2 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabillties 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.
8.
3. Surplusing old fence at the 58-acre park:
CU??fOV-e ~d?VLe C(.rur~.r jdrc;~1J 11
5.
(Items moved from Consent Agenda)
Ordinance No. t!J (- 1/ 7 : AZ 99-021 Request for annexation
and zoning for a continuing care retirement community, single- and multi-
tenant residential, office and retail use by Touchmark Living Centers -
Joseph A. Billig - east of St. Luke's between Franklin Road and
Interstate 84: ttffrov.e-
Tabled from May 1, 2001: CUP 01-005 Request for Conditional Use
Permit for gasoline facility consisting of a 3,612 square-foot canopy over
5 multi-product dispensers, cashier's kiosk and parking lot improvements
in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc.
-1850 East Fairview Avenue: J."-
cvr ;rro r/\Il- 1v'Jh..-.> CerYLvc-1h trnf
Continued Public Hearing from May 1, 2001: PP 01-003 Request for
Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres
in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.
G - Black Cat Road, north of Cherry Lane: /1/''' /
~pllOv<e A-r/?r1-Nfj jh.e(Jthe -rl r l' Cr:.t."
Continued Public Hearing from May 1, 2001: CUP 01-008 Request for
Conditional Use Permit of 3 residential lots to be developed as
subdivision, pool, clubhouse and recreation area in an R-4 zone for
Packard Subdivision by Packard Estates Development, LLC - north of
East Fairview Avenue, west of North Eagle Roa~on North Hickory Way:
a-ppYl!>V..JL a~1 )rL2-P~ -A f- l' c(..t
Continued Public Hearing from May 1, 2001: RZ 01-003 Request for
rezone from R-4 to C-C for Partition Specialties, Inc by Ronald and
Coleen Schaub -1315 North Meridian Road:
Cr;:rn.'hnUL /lIft- -f-o JtvYU!- S; Zoo!
Public Hearing: ZA 01-001 Request for consideration of amendments to
Title 12, Chapter 6, "Planned Development", and Title 11, Chapter 17
"Conditional Uses" of Meridian City Ordinance, along with related changes
by Primeland Development: "-
cI o.s:-e / / /I..~ ~ jJ'U--(? a-.:-e (}7...f:t~cJ?-)
FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 10.66
acres in an R-4 zone for Bear Creek Subdivision No. by Briggs
Engineering - east of Stoddard and south of Overland Road:
fr!fCe- vvrvh? du--n..e.- ! q I 2-0 (;) /
FP 01-006 Final Plat approval of 11 building lots and 2 other lots on 20.26
acres in an R-8 zone for Murdoch Subdivision No.2 by Howell Murdoch
7.
9.
10.
11.
12.
13.
Meridian City Council Agenda - May] 5,200]
Page 3 of4
All materials presented at pub! ic 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,
14.
15.
f.
1
,
Development Corporation - east of Locust Grove Road and south of
Medimont Subdivision NO.2:
tuffYlf/v.e wjr/>...J ~n'tn-v.!"
ACDS 01-04-S/01-11~CU/01-13-0TD/01-03-ZC/01-09-PBAl01-07 -MSP
Lee Centers - Powder River Subdivision: Discussion of Response
Comments to Ada County for an 80.04-acre county subdivision to include
215 single~family residential lots, 8 common lots, 3 open-space lots and 1
well lot; a Conditional Use Permit and Master Site Plan for a public/quasi-
public use to establish a municipal wastewater collection and treatment
facility; A Parcel Boundary Adjustment; A Zone Change from RUT (Rural-
Urban Transition) to R4 (Medium Low Density Residential);a Zone
Boundary Adjustment; and a One-Time Division. The property contains
151.98 acres and is located on the east side of Under Road approximately
0.5 mile south of West Victory Road, Meridian, 10; Section 25, T3N, R1W:
Water~t Trash Delinquencies
tfLt~Vl-e.- ~ # ddes MaV Ib 123
Meridian City Council Agenda - May 15, 200 t
Page 4 of4
All materials presented at public meetings shaH become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearings, please contact the City Clerk's Office at 888-
4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
'1.
Tuesday, May 15, at 6:30 p.m.
City Council Chambers
RolI*call Attendance:
X Tammy de Weerd X
X Cherie McCandless X
X Mayor Robert Corrie
Ron Anderson
Keith Bird
2. Adoption of the Agenda: Approve - Table Item 3-F
3. Consent Agenda:
A. Approve minutes of April 10, 2001, City Council Workshop:
Approve
B. Findings of Fact and Conclusions of Law: AZ 01 *004 Request
for annexation and zoning of 16 acres from RT to R-15 for
proposed fountain Park by David Waldron - southeast corner of
Locust Grove and Wilson Lane: Approve
C. Findings of fact and Conclusions of Law: CUP 01~007
Request for Conditional Use Permit for planned development,
proposed Fountain Park on 16 acres for apartments within a
proposed R-15 zone by David Waldron - southeast corner of
Locust Grove and Wilson Lane: Approve
D. Findings of Fact and Conclusions of Law: RZ 01-002 Request
for Rezone of 0.51 acres from R-4 to L-O for Idaho Banking
Company by Idaho Banking Company - 403 West Cherry Lane:
Approve
E. Findings of Fact and Conclusions of Law: CUP 01..004
Request for Conditional Use Permit for Eagle Concrete Pumping
in a flood plain overlay district in an )-L zone by Eagle Concrete
Pumping - north of King, east of 5th Avenue, and west of Baltic
Place: Approve
Meridian City Council Agenda - May 15,200 I
Page I of4
F. Findings of Fact and Conclusions of Law: CUP 01-009
Request for Conditional Use Permit for planned development to
include office, retail and industrial for proposed Treasure Valley
Technical Center by Meridian Freeway Associates and DBSI
Industrial Limited Partnership - X mile east of Linder Road, north
side of Overland Road: Tabled until 6-5-01
G. Development Agreement: AZ 99-021 Request for annexation
and zoning for a continuing care retirement community, single- and
multi-tenant residential, office and retail use by Touchmark living
Centers - Joseph A. Billig - east of St. Luke's between Franklin
Road and Interstate 84: Approve
H. Tabled from May 1, 2001: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single~ and multi-family residential and office and retail
use by Touchmark Living Centers - Joseph A. Billig - east of
St. Luke's between Franklin Road and Interstate 84: Approve
I. April 2001 Addendum to Development Agreement with revised
Phasing Plan for Touchmark Living Centers: Approve
J. April 2001 Addendum to Development Agreement with S1. Luke's:
Approve
K. Crossing Agreement with the Bureau of Reclamation for a sanitary
sewer line crossing the Five Mile Drain to serve Hartford
Subdivision - northeast corner of Ustick and Ten Mile Roads:
Approve
L. Approval of the Judges and Clerks for City Special Election:
Approve
4. Department Reports
A. Planning and Zoning Department - Director Shari Stiles:
1. Discussion of Administrative Approval of "Stealth" Cellular
Towers: Approve to have administrative approval except
in residential zoning
2. Mapping for Comprehensive Plan: Staff will work
B. Parks and Recreation Department - Director Tom Kuntz:
Meridian City Council Agenda - May 15,200 t
Page 2 of4
(
1. ACHD Irrigation Pipeline Easement Agreement: Approve
2. Five-Mile Creek Pathway Change Order: Approve
3. Surplusing old fence at the 58-acre park: Approve declare
Hsurplus property"
5. (Items moved from Consent Agenda)
0'"6. Ordinance No. 01~917: AZ 99-021 Request for annexation and zoning
for a continuing care retirement community, single- and multi-tenant
residential, office and retail use by Touchmark Living Centers - Joseph
A. Billig - east of Sf. Luke's between Franklin Road and Interstate 84:
Approve
7. Tabled from May 1, 2001: CUP 01-005 Request for Conditional Use
Permit for gasoline facility consisting of a 3,612 square.-foot canopy over
5 multi-product dispensers, cashier's kiosk and parking lot improvements
in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc.
-1850 East Fairview Avenue: Approve with conditions
8. Continued Public Hearing from May 1, 2001: PP 01-003 Request for
Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres
in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.
6 - Black Cat Road, north of Cherry Lane: Attorney to Prepare
Findings of Facts and Conclusions of Law
9. Continued Public Hearing from May 1, 2001: CUP 01..008 Request for
Conditional Use Permit of 3 residential lots to be developed as
subdivision, pool, clubhouse and recreation area in an R-4 zone for
Packard Subdivision by Packard Estates Development, LLC - north of
East Fairview Avenue, west of North Eagle Road on North Hickory Way:
Attorney to Prepare Findings of Facts and Conclusions of Law
10. Continued Public Hearing from May 1, 2001: RZ 01-003 Request for
rezone from Rp4 to C-C for Partition Specialties, Inc by Ronald and
Coleen Schaub - 1315 North Meridian Road: Continue public hearing
to 6--5-01
11. Public Hearing: ZA 01-001 Request for consideration of amendments to
Title 12, Chapter 6, "Planned Development", and Title 11, Chapter 17
"Conditional Uses" of Meridian City Ordinance, along with related changes
by Primeland Development: Close public hearing; attorney to prepare
Ordinance
Meridian City Council Agenda - May IS, 2001
Page 3 of4
(
12. FP 01-007 Final Plat approval of 36 building lots and 2 other lots on 10.66
acres in an R~4 zone for Bear Creek Subdivision No. by Briggs
Engineering - east of Stoddard and south of Overland Road: Table until
6-19..01
13. FP 01-006 Final Plat approval of 11 building lots and 2 other lots on 20.26
acres in an R-8 zone for Murdoch Subdivision No.2 by Howell Murdoch
Development Corporation - east of Locust Grove Road and south of
Medimont Subdivision No.2: Approve with conditions
'14. ACDS 01-04-5/01 ~11-CUf01 M13-0TD/01-03-ZCI01-09-PBAl01-07 -MSP
Lee Centers - Powder River Subdivision: Discussion of Response
Comments to Ada County for an 80.04-acre county subdivision to include
215 single-family residential lots, 8 common lots, 3 open-space lots and 1
well lot; a Conditional Use Permit and Master Site Plan for a public/quasi-
public use to establish a municipal wastewater collection and treatment
facility; A Parcel Boundary Adjustment; A Zone Change from RUT (Rural-
Urban Transition) to R4 (Medium Low Density Residential};a Zone
Boundary Adjustment; and a One-Time Division. The property contains
151.98 acres and is located on the east side of Linder Road approximately
0.5 mile south of West Victory Road, Meridian, ID; Section 25, T3N, R1W:
Deny
15. Water, Sewer, Trash Delinquencies: Approve turn-off dates May 16
and 23, 2001.
Meridian City Council Agenda - May 15,200 I
Page 4 of4
Meridian City Council Meeting
Mav 15. 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:30 PM by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless,
Ron Anderson, and Keith Bird.
Others Present: Shari Stiles, Gary Smith, Dave Bowman, Brad Watson, Tom
. "Kuntz, and Will Berg.
Corrie: All right, I'll open the City of Meridian City Council regular meeting at
7:34 PM and have the City Clerk give roll call attendance please.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X
X Cherie McCandless X
X Mayor Robert Corrie
Adoption of the Agenda:
Ron Anderson
Keith Bird
Item 2.
Corrie: Thank you. The second item on the agenda is the adoption of the
agenda. We do have a request on consent agenda 3-F to have that one
postponed until the June 5, 2001 by a request from the Dan Bradshaw
(inaudible) constructions. Are there any other additions? There's a new one out
there (inaudible).Okay, hearing none, I will call for the consent agenda with the
corrections.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we adopt the agenda as stated by the Mayor with the item F on
the consent agenda being pulled at the request of the applicant until 6-5-2001.
McCandless: Second.
Corrie: Okay. Motion's made and second to approve the consent agenda, or the
adoption of the agenda with the exception of item 3-F. Any further discussion?
Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
Meridian City Council Meeting
May 15,2001
Page 2
A. Approve minutes of April 10, 2001, City Council
Workshop:
B. Findings of Fact and Conclusions of Law: AZ 01-004
Request for annexation and zoning of 16 acres from RT to
R-15 for proposed Fountain Park by David Waldron -
southeast corner of Locust Grove and Wilson Lane:
C. Findings of Fact and Conclusions of Law: CUP 01-007
Request for Conditional Use Permit for planned
development, proposed Fountain Park on 16 acres for
apartments within a proposed R~15 zone by David Waldron
- southeast corner of Locust Grove and Wilson Lane:
D. Findings of Fact and Conclusions of Law: RZ 01~002
Request for Rezone of 0.51 acres from R-4 to L-Q for Idaho
Banking Company by Idaho Banking Company - 403 West
Cherry Lane:
E. Findings of Fact and Conclusions of Law: CUP 01-004
Request for Conditional Use Permit for Eagle Concrete
Pumping in a flood plain overlay district in an I~L zone by
Eagle Concrete Pumping - north of King, east of 5th Avenue,
and west of Baltic Place:
F. Findings of Fact and Conclusions of Law: CUP 01-009
Request for Conditional Use Permit for planned
development to include office, retail and industrial for
proposed Treasure Valley Technical Center by Meridian
Freeway Associates and DBSI Industrial Limited Partnership
- % mile east of Linder Road, north side of Overland Road:
G. Development Agreement: AZ 99-021 Request for
annexation and zoning for a continuing care retirement
community, single- and multi-tenant residential, office and
retail use by Touchmark Living Centers - Joseph A. Billig
- east of S1. Luke's between Franklin Road and Interstate
84:
H. Tabled from May 1, 2001: Findings of Facts and
Conclusions of Law: CUP 99-039 Request for Conditional
Use Permit for planned unit development including
continuing care retirement community, single- and multi-
family residential and office and retail use by Touchmark
Living Centers - Joseph A. Billig - east of St. Luke's
between Franklin Road and Interstate 84:
Meridian City Council Meeting
May 15,2001
Page 3
I. April 2001 Addendum to Development Agreement with
revised Phasing Plan for Touchmark Living Centers:
J. April 2001 Addendum to Development Agreement with St.
luke's:
K. Crossing Agreement with the Bureau of Reclamation for a
sanitary sewer line crossing the Five Mile Drain to serve
Hartford Subdivision - northeast corner of Ustick and Ten
Mile Roads:
L. Approval of the Judges and Clerks for City Special Election:
Corrie: Okay. We have the consent agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the consent agenda as printed with the exclusion of
item F which has been moved to June 5, 2001.
McCandless: Second.
Corrie: Motion's been made and second to approve the consent agenda except
for item F which has been removed to June the 5th of this year. Any further
discussion? Hearing none, roll call vote Mr. Berg.
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports
Corrie: Department reports, item 4. Director Shari Stiles.
A. Planning and Zoning Department - Director Shari Stiles:
1. Discussion of Administrative Approval of "Stealth"
Cellular Towers:
Stiles: Mr. Mayor and Council we have been approached by a cell tower
provider in the area. What they would like is to be able to put up some towers
that have been stealth. We have discussed with them whether they have the
ability to do that. They do. You have in your packets hopefully a brochure of
{
\
Meridian City Council Meeting
May 15,2001
Page 4
some of their proposals for the stealth towers. We don't really have any
standards for the stealth. I don't know how many we might see of this type of
facility. What we wanted to know is if you would approve administrative approval
of those towers or you want them to continue to come to you as Conditional Use
Permits for all sites. Technically if someone came in for a request for an
antennae, a simple antennae or a flagpole, we don't have any height
requirements or limitations on those flags. The people that had approached us
are here tonight and willing to answer any questions that you have. They do have
another brochure to hand out to you and they could discuss some of your
.. . concerns or some of the concerns that we had talked to them about were if they
. did have a flag, the size of the flag. What kind of noise would be generated from
it flapping in the wind? Some kind of criteria on fall zones in case the tower would
collapse. Also in the case of the American flag, of course they would be required
to illuminate that at night and if it would cause some disturbance if there is
adjacent residential properties. We'll go whichever direction you want. We're
probably going to see a few of these in the area. If you would consider them
stealthing those as being accommodating enough to not require the Conditional
Use Permit. That would be great. If it's your decision that you still want them to
go through the Conditional Use for all of these towers. We just want some
direction from Council. They are here tonight and if you have any questions for
them.
Corrie: Okay. Tom, the one that approached you, is it the same company that
this represents? Or are there different ones?
Kuntz: Mayor, Council. The company that approached us was Crickett. I believe
it's the same company that Shari's dealing with.
Stiles: Yes.
Kuntz: I don't know if they want to come.
Corrie: Okay.
Kuntz: It's sites specific for Tully Park and I have not followed up with a meeting
with them to get more information on it.
Corrie: Okay. Council do you want to hear some?
(inaudible discussion)
Bird: Yeah. That would be fine.
(inaudible discussion)
Longstaff: My name is Mark Longstaff representing Crickett Communications.
Address if you need it is 5511 Kendall Street in Boise. First of all thank you very
(
..
Meridian City Council Meeting
May 15,2001
Page 5
much for inviting us to attend tonight. We appreciate it. I view this as kind of a
question and answer session. We're not here as much to talk about specific sites
as we are to kind of discuss the scenario of stealthing versus non-stealthing.
What we've come up with in cooperation with Planning and Zoning staff is what
we consider to be a win- win situation for the City of Meridian and for Crickett
Communications. Basically we have the need to erect two facilities here in the
City of Meridian. In our initial discussions with planning staff it was determined
that there may be a way to utilize the stealth technologies, and stealth is simply a
word we use in the business, which means we disguise a cellular antennae
facility to look like something else. In our discussions with staff it was determined
,that by stealthing our facilities we could save time which is very important in our
business and seek approval via an administrative process as opposed to a
Conditional Use process. So, in accordance with that, we've put together some
materials, which I think we've provided to you on a previous occasion. Then you
have a new booklet tonight, which shows some examples of the type of thing
we're talking about when we talk about stealth. What I would like to offer tonight
is we have several people here with us and just to be able to answer whatever
questions you have specific to stealth design. What we can do. What we can't
do. What the options are. Miss Stiles brought up some other concerns. We're
certainly prepared to answer those too. Anything you'd like to know about our
idea. Again we think it's a real win-win for the city and for Crickett. It's not the
common way of developing these networks but I think it's a good solution here in
the city of Meridian.
Corrie: Do all the companies, AT&T, Verizon and Voicestream use your poles or
is it the same company?
Longstaff: Yeah. Actually we are not a pole builder. We are a cellular phone
provider. We are like AT&T and anybody else. So, we don't build poles just to
build poles and provide space for other tenants. We build poles for our facilities.
Our facilities are co-locatable, meaning they provide space for additional carriers.
That's a big issue in our business is making sure that if you're going to build a
new structure make sure other carriers, if they come along, it suits their needs,
can go on and we do that with these. These are designed to provide network
coverage for Crickett Communications which is an incoming cell phone provider
here in the Boise area. You probably haven't heard of them yet but you will come
summertime.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: What is the, do you have a standard height that they have to be at, or is the
location make a difference?
Meridian Ctty Council Meeting
May 15,2001
Page 6
Longstaff: Both make a difference and both vary. When you're designing a
network like we are here in Boise. We're reaching from all the way out in
Caldwell back to the east side of Boise. Every site kind of works together. Each is
a piece of the whole puzzle. How high they need and where they are is a factor
of terrain. It's a factor of demographics. It's a factor of how much foliage is in the
area. There's a whole bunch of things that go on. We have some that are
probably as high as 130 feet, 140 feet maybe. We have some that are very low
because potentially they're on higher ground. Maybe they're 35 feet. It's very
much an issue of topology, where we're trying to cover and what obstacles we're
faced with in terms of visual. This is a radio technology so it's largely line of sight.
You have to be able to see the user.
Bird: In our area, do you see anything that would have to exceed 140 feet?
longstaff: No.
Corrie: 140 feet. How big is that pole circumference or diameter?
Longstaff: Yeah. 140-foot pole and I'm going to be guessing because actually the
diameter of the pole'is actually a function of more than just the height. It's also a
function of the type of foundation you need which is a function of the soils that
are bearing the weight of the pole. 140-foot pole might be, gosh maybe a 3-foot
diameter at the base and of course it's tapered up. But again, we're not talking
about 140-foot poles in the City of Meridian. I think both of our sites are well
under 100 feet, that we're considering and both of them as we're proposing. One
has already been proposed and submitted to staff. Both of them are stealth type
applications.
Bird: Are they flagpole applications?
Longstaff: We're currently contemplating one flagpole application and one clock
tower type application.
Bird: I could buy the clock tower. I like that.
Corrie: Where are you planning on putting these?
Longstaff: Well, we have some options as you heard from the gentleman from
Parks. We're contemplating one at Tully Park. We also have another proposed
facility at Meridian High School, which would be replacing that light pole, and our
primary site right now is at the Assembly of God Church on Linder. That would be
the location for the clock, (inaudible) is actually on the front page of your book
now, similar to that. But again, we're kind of trying to work with the city to find the
best locations and the best solutions. We've only submitted one site for the
certificate of zoning compliance and that is actually a site nearer to where we are
Meridian City Council Meeting
May 15,2001
Page 7
now at the Star-It facility. That's the site where we're contemplating a flagpole
application, which I believe is 80 or 85 feet. I can't recall.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: A couple questions for you. You kind of answered the first one. I was
trying to figure out how many of these ultimately would be needed in an area.
You indicated possibly two for your company. So, each cell company that's out
. 'there is going to have multiple sites, is that correct?
Longstaff: Yeah. It takes obviously a collection of sites to cover a city the size of
Boise. Every company is different. Every company has different design
objectives. It doesn't mean that every company has to put up it's own towers. I
mean when we come into a market, the first thing we do is look for some sort of
existing structure that we can use. You know, not just to benefit the city frankly,
but also to benefit us. It's much quicker and much less expensive. So, co-location
like I mentioned before is a real hot topic in our business. We can co-locate on
more than just existing towers. We can co~locate on rooftops, or water tanks, or
al kinds of things that can provide us with the height and the mounting platform.
Anderson: So, have you looked into co-locating with somebody else who already
has a tower in here?
Longstaff: We have and the few alternatives that exist in Boise, or excuse me, in
the City of Meridian don't work within our network design. They're essentially too
close to other existing sites that we have proposed. The stealth application
though, kind of fulfills that role because you're either creating a second use or
you're utilizing an existing first use. Like in the case of Meridian High School
where you have an existing light standing around the ball field. This is something
that's done at other schools in the area. You simply attach your antennas to that
pole or replace that pole with a stronger pole and attach your antennae, leaving
the lights on there which visually is extremely unobtrusive. The idea is to try and
combine it with two uses and provide for additional carriers to attach as well and
provide such that its aesthetically less obtrusive than with a typical pole which is
typically how these networks are built. And again, our proposal to the City of
Meridian would have been for just a typical pole except that we were able in
working with staff to create this kind of win-win scenario for us. Again time is
extremely important for us. With their guidance they thought that we could save
some time and obtain an administrative process by using a stealth type of
application.
Anderson: A couple other questions to get back on track. You indicated that
they were line of sight, so what would keep you from going up and putting them
on the foothills? There must be a range problem with them?
Meridian City Cbuncil Meeting
May 15,2001
Page 8
Longstaff: Yeah. These things actually don't cover. They're very low power and
they don't cover as much area as you would think they would. I'll just give you an
example. For the network that we're now contemplating for the Boise area, we're
looking at roughly 30 sites. They may be as close as a mile apart in some cases.
They don't cover a large area. Originally in the early days of the business, they
would build these really big towers, pump up the power and cover a very large
area. Well, these towers can only serve not only a limited geographic area but
also just a limited number of customers. They have a capacity constraint. So, we
have to build. The industry's moving towards more towers at a lower height to
. : handle the capacity. Obviously cell phones are technology that people seem to
enjoy and like.
Anderson: Do they cause interference with anything, radio communications, or
cordless phones, or anything in the homes?
Longstaff: No. The only interference issues that we have to mitigate are with
other cell phone providers when we're co-locating on the same towers. We do
that via just spacing out the antennae appropriately. They don't cause television
interference or garage door opener interference or anything like that. The
frequencies assigned to each of these carriers are very precise and distinct and
highly engineered systems insure that there isn't interference.
Anderson: Is there any applications where you incorporate these kind of with
signage? I mean we've got some pretty tall signs out along the freeway. Are they
strong enough to become one of the support columns or poles for signs
(inaudible) other applications?
Longstaff: I've seen that done. Unfortunately, again we're faced with having to
deal with a pretty distinct area that we're trying to cover. Basically our client
issues us search rings which is a circle on a map and says go out and find a
facility that works in there. This is the area that we need to cover with this
particular sight. These search rings are sometimes a third of a mile in diameter.
Very close. We have to go out and find something that works in that are. We
have a little bit of flexibility with that but we can't move as much as some people
imagine. It just doesn't work because again if you move because each piece
interacts with the others you end up having to move all that others and there's a
domino effect throughout the entire network. Our site development activities are
pretty tightly focused geographically.
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: How many do you envision for, say Meridian?
Meridian City Council Meeting
May 15,2001
Page 9
Longstaff: Two.
McCandless: Just two?
Longstaff: Yep.
McCandless: And that's all there will be?
Longstaff: That's all we envision right now. Again the industry is moving towards
more towers at a lower height. I can't say that in 10 or 15 or 20 years, there might
., be a need for another facility to handle the extra capacity. I mean you've
probably seen carriers before you now that already have built networks in the
area that need to now augment those built networks with an additional site.
That's really a capacity issue. I can't say that, I mean we want that to happen
ideally. That means we've got lots of customers. Will it happen? I don't know.
When will it happen? We don't know. Right now all we have contemplated is two
facilities in the City of Meridian.
McCandless: Okay. Thank you.
Corrie: Okay. Questions? Is there anybody that you wanted to-
longstaff: Well, if I can't answer a question I have some people to rely on.
Corrie: You seem to have answered all those we asked.
longstaff: Okay.
Corrie: Thank you.
Longstaff: Thank you.
Corrie: Okay, Shari what is your request again that you wanted the Council to
consider?
Stiles: Whether the Council would consider these stealth towers being done
with administrative approval of the Planning and Zoning staff or whether you still
would like to see all of them come in with a Conditional Use Permit.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I think that at staff level is appropriate and appeals can come to
City Council if they don't like what the staff has to say. I feel very comfortable
with staff dealing with this and don't think it really warrants a CUP.
Meridian City Council Meeting
May 15,2001
Page 10
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would agree with that. I just don't see any reason why we have to have a
CUP on every one of these towers. I know the staff will be considerate of things.
the surroundings on one of these. I see no reason to bring it before us unless,
like Councilwoman De Weerd said, if they want something different or want to
"come before us they can. I think we ought to leave it at the staff level.
Corrie: Any other comments?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I tend to agree with Keith and Tammy. My only concern would be
how will we determine without a Public Hearing if there's much opposition from
the neighborhood to this pole going in or anything? Is that something that staff
has some method or some ideas that they're thinking about how they can get
some input from the community. I mean, I'd hate to have them approve
something and then next thing we know, we've got the neighborhood in here all
upset because something went in next to them without them having notice.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would hope our staff would check around on stuff like that. I agree with you
Ron. I don't want a subdivision in here upset with us but I would hope staff would
check in and do some stuff like that. , believe the Parks department did that on
skate board parks and stuff like that to get our --. I would hope on something like
this, not that there's going to be an application every week so I think we could. I
think it would be very advisable for them to check around with the neighbors and
see the pros and cons on it.
Anderson: Shari, do you have any ideas on how you might be able to deal with
that logistically?
Stiles: Well, in the case of the Star-It facility, there is Mirage Meadows. It's
immediately behind it. "m not sure that they would be in favor of anything that's
going to be done on that site, even in the Stor-It facility. Like I said I was
concerned about the sound of the, in a high wind the flapping of those flags could
be pretty annoying and also the illumination of it at 85 feet high depending on
how that light is directed. It could cause some problems but I think that design
Meridian City Council Meeting
May 15,2001
Page 11
r
\.
wise they can work through those things. We wouldn't consider them in
residential areas or residential zones.
Corrie: I would think you'd probably have a pretty good idea where the Council's
coming from anyway?
Stiles: Yeah.
Corrie: If you had a question it wouldn't hurt to ask us. Okay.
.. Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have one more question. If you do put a flag one, that's a pretty
sizable flag and those aren't real cheap and they're probably not real easy to
change unless you have some type of a bucket truck or something else. Who's
responsibility is it? Is it the cellular company that owns the pole to replace those?
I know they wear out every few months just from flapping in the wind or is that
going to be the property owners? Are we going to have a bunch of people calling
and complaining about frayed and worn out flags?
Stiles: I might have to defer it to the representatives here and what their
experience has been in other jurisdictions.
(inaudible discussion)
Bird: why don't you come up here to the mike?
Corrie: We can't hear you on the tape.
Longstaff: Right. I'm sorry.
Corrie: Okay.
Longstaff: It would definitely be our responsibility to maintain and replace that
flag. It is our facility. We would own the facility. It wouldn't be the property
owner's faCility. We simply lease space from the landowner. Any wear and tear
on that flag would addressed by Crickett.
Corrie: And you just lease the space that it's on?
Longstaff: Right. We just lease a square on the ground.
Corrie: Okay.
Meridian City Council Meeting
May 15,2001
Page 12
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: What happens if that tower is no longer needed?
Longstaff: (inaudible)
De Weerd: Do you remove it?
Longstaff: If it's no longer needed?
De Weerd: Uh-huh.
Longstaff: Absolutely because it costs a certain amount of money to keep that
tower up. Now, there's also the possibility of course that after we've pulled the
tower another carrier, another cell phone provider comes along and wants to
make use of that tower. With these stealth applications you wouldn't visually be
able to notice that on the tower. They could potentially locate their antennae
within the stealth pole as well. In that case we may sell the tower to them and
remove just our equipment. That's a possibility but if we were the only carrier on
that tower and we for some reason no longer needed it we would bring the tower
down. In fact I think that's an element of our lease agreement with the property
owner.
De Weerd: Thanks.
Anderson: I guess along that lines, I mean I've never heard of Crickett before
tonight. So, if Crickett went out of business next year you guys would take the
towers down? Is that part of your contract, or your agreement with those property
owners? Or is there going to be a bunch of towers around town?
Longstaff: The idea would be to take the tower down. I will tell you though that
the value of the license that we've purchased from the FCC and the value of the
infrastructure that we've built is quite significant. If Crickett were to Quote,
unquote go out of business, somebody else would be there to buy the assets and
operate the network under their name. I'm almost certain of that. That's typically
the way it works.
Corrie: Any other questions?
Bird: I have none.
(inaudible discussion)
Corrie: Okay. All right, Shari?
Meridian City Council Meeting
May 15,2001
Page 13
Stiles: I just wanted to clarify that Tully Park is a residential zone and that
wouldn't be something that we would consider out right to approve at
administrative level because that would tend to say it's okay to do it in any
residential zone. If they were to approach us with a Conditional Use Permit in an
area that happened to be zoned residential then Council could consider it. We
wouldn't want to try to approve those in residential zones.
Corrie: Okay. Well, Council, you can either give her your blessings or you can
make it into to be carried to the Council.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we approve these stealth cellular towers at the
administrative level except in residential zones which they would then have to
apply for a CUP and go through the proper channels.
De Weerd: Second.
Corrie: Okay. Motion's been made and second to have an administration level
to approve the towers except in residential areas which require a CUP. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Thank you.
2. Mapping for Comprehensive Plan:
Corrie: Item NO.2 of A 4-A is mapping of the Comprehensive Plan. Shari.
Stiles: Mr. Mayor and Council. We've come to a little bit of a glitch in getting our
mapping done for the new Comprehensive Plan. The future land use map we
were having Compass do the mapping for us. We thought it would only take a
week to ten days to get it done. Now we're being told that it will take at least a
month for Ross to be able to get the mapping done which will probably put us
into mid or end of July before we can go to a Public Hearing. Welve discussed a
couple of options. One of those would be that Steve Siddoway would dedicate
exclusively his time for 3 or 4 days to attempt to get that map done. We had also
talked to Sunrise Engineering and discussed the possibility of them being able to
do the mapping for us. They gave us a ballpark. They thought it might be around
1500 to 2,000 dollars but without having seen the map they don't know. With the
workload I really hate to dedicate a staff member full time to one project but if we
need to do that we would. I just wanted to see what your ideas were and that if
Meridian City Council Meeting
May 15,2001
Page 14
we did need to go the consultant route if you could authorize up to $2,000 to be
used for that mapping. I do have it in the budget under professional services. We
do have money available to do that. I'm not sure that the quality would be any
better than what Steve could do. It's just a matter of timing I guess. Claire
Bowman at Compass had offered to pay for a portion of a consultant to work on
the map. I had called him on Friday and I haven't had a return call yet to see
what his offer might be. We do pay a significant amount of money to Compass
and although they do, do some work for us they, I would like them to be able to
do the work for us because I believe that's their job. If it's going to take a month
that's just unacceptable. We can't wait that long. We've got to get moving on that
. 'camp plan. So, either way you want to go. If you want to authorize the additional
money. I talked to Shari Freemond today and she also said that they would do it
in house but for additional money, even though their contract did state that
mapping was included. They put a clause in the contract that said using the
resources of Compass. If they do it, they're asking for more money as well. I can
put Steve on it. I know he would do a good job. He's very conscientious and
since he's done most of the work on that generalized future land use map he
wouldn't have the questions maybe that a consultant would have. People would
just need to be patient and know that we didn't have the staff available to stop
everything to maybe be as available as we are now. Hopefully it would be a
short.term thing. We can get this comp plan out of here and get it on for Public
Hearing. So, those are the options, either have SRC for additional money, have
Steve dedicate 2 or 3 days Of maybe 4 days exclusively to do only that, or have
an outside consultant do it, or fequest I guess is another option is to have
Compass pay at least half of what we would have to pay an outside consultant.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: With the workload we've got at that staff, I'm not for pulling the staff off one
day to do something like that. Now, what did you say 1500 to 2,000 for an
engineering firm to do it, is that what you said?
Stiles: That's a ballpark that they gave us. It would prObably have to be a time
and materials type. They thought that they could do it within 30 hours 30, 40
hours. Steve would still have to coordinate quite a bit with them to make sure that
it was done the way we wanted it to be done.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Yes. That would be my comment is it's going to take Steve probably
just as much time to explain to a consultant how we want it done as it would to do
it. I mean, it would appear, he's going to have a little more time in doing the map
Meridian City Council Meeting
May 15,2001
Page 15
work. I'm like Keith. I hate to pull him away from staff time but it's not necessarily
the money. It just makes more since to do it that way because you're going to be
using up his time anyway.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: Shari, does it make since to have a combination of the 2 that Steve
works with the consultant. It is like Councilman Anderson probably going to
.' duplicate it anyway with Steve needing to work with them to explain what we
have done up to this point to map it. So, if there can be a coordination between
the two then Steve won't have to give so much time but it will get done right.
Stiles: We can work it either way. I know Steve's very meticulous when it comes
to that type of thing and I know he'd do a good job. It's just, we're pretty thin right
now anyway.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I think this is an extremely important process and we've been
siting on this for a long time. It seems like Ross got this almost a month ago to
begin with. At that time it was going to be a month. Now it's a month longer. We
just need to get this going and if Steve is the one that is meticulous and can do
the job right then just pull him and get it done.
Anderson: Second it.
De Weerd: Okay that was a motion.
Corrie: Okay. Motion's been made and second to get it done. Pull Steve out and
get it done as soon as you can. Okay. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Stiles: Thank you.
B. Parks and Recreation Department - Director Tom Kuntz:
1. ACHD Irrigation Pipeline Easement Agreement:
Corrie: Thank you Shari. Parks and Rec department, Tom Kuntz. Item 1 ACHD
irrigation pipeline easement agreement.
Meridian City Council Meeting
May 15,2001
Page 16
Kuntz: Mayor and Council. You should have in your packets a request for
irrigation pipeline easement that runs along the southern boundary of our 58 acre
park site that's adjacent to Ustick Road. The pipe will run in the future easement
and actually it will run underneath the sidewalk. If it's laid adjacent to the road so
the easement will be nullified once ACHD acquires the right-of-way adjacent to
the park. Public works director and City Attorney reviewed it and it meets with
their approval I believe.
Corrie: Okay. Questions from the Council?
De Weerd: No.
Bird: I have none.
Corrie: Okay. I'll entertain a motion on the recommendation.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I move that we approve the easement agreement with ACHD for
the irrigation pipe along the southern boundary of our 56 acre park and to
authorize the Mayor to sign and the clerk attest.
Bird: Second.
Corrie: Okay. Motion's made and seconded to approve the recommendation of
the parks Superintendent to have the irrigation pipe along the southern boundary
of our 56-acre park adjacent to Ustick Road. Any further discussion? All those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Kuntz: Thank you.
2. Five-Mile Creek Pathway Change Order:
Kuntz: Second item is the soft areas in the Five Mile Creek Pathway don't seem
to be going away with the warmer temperatures. At ITD's recommendation we
would like to go in and put the fabric down and then 12 inches of pit run and then
build over the top of that. We did meet last week with Central Paving and the
engineer from lTD. Some drying has occurred. Central Paving has agreed to
work with ITD to minimize the number of those wet spots that will have to be
addressed. What I'm asking for tonight is approval for a change order for the Five
Mile Creek Pathway not to exceed 13,361 which includes a change in the type of
Meridian City Council Meeting
May 15,2001
Page 17
fencing along Mr. Simwich's property. We'll do all that we can to make sure that
we stay, hopefully well under that.
Corrie: Okay. Thank you Tom. Any questions of Mr. Kuntz?
McCandless: I have none.
Bird: I have none.
"Corrie: Okay. I'll entertain a motion on his request.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I move that we approve the recommendation for a change order
not to exceed 13,361 with the ITD for the Mayor to sign and clerk attest.
Bird: Second.
Corrie: Okay. Motion's made to approve the Five Mile Creek Pathway change
as requested by the director not to exceed $13,361. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 5.
(Items moved from Consent Agenda
Corrie: Okay. Item No.5 is any consent items moved from the agenda tonight-
(inaudible discussion)
Corrie: I'm sorry.
Bird: We've got the parks.
De Weerd: They have one more.
Corrie: Oh, you do have one more. I'm sorry. I just turned the page. Go ahead
Tom.
2. Surplusing old fence at the 58~acre park:
Kuntz: The last item. There's some dilapidated 3 rail wood fencing that we were
planning to demolish and dispose of as well as a turn of the century chicken
house. We actually had a gentleman who contacted us interested in salvaging
the wood fence. I believe to make some kind of benches or something. He
I
Meridian City Council Meeting
May 15,2001
Page 18
offered us some financial reimbursement as well as contributing a couple of the
benches. What I would like to do is put an ad in the paper inviting other
individuals who are interested in submitting proposals for salvage right speaking
of the fence and the chicken house. We actually went out and took some pictures
this week on the screen there if you'd like to take a look at it.
(inaudible discussion)
Kuntz: I think the chicken house is on there too. There's the chicken house.
(inaudible discussion)
Kuntz: It was a beauty in its day and age. In order to do that, I need the City
Council's authorization to surplus those items.
(inaudible discussion)
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Well, Tom I appreciate your frugalness trying to get a dollar out of
this old wood but I don't know. I mean it seems like this is something that
probably doesn't need to come here. You can just take care of that. I guess
unless technically we're looking at for you to get a donation for benches or
whatever that has to be surplus. I don't know.
De Weerd: I believe so.
Kuntz: I was instructed by the finance department that this was the procedure. I
agree with you Council member Anderson. I would prefer to take care of it in
house but I'm just trying to follow the rules.
(inaudible discussion)
Corrie: Okay. Council.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion then that we declare this old fence and
chicken coop as surplus property and authorize the parks director to surplus it
out.
Bird: Second.
Meridian City Council Meeting
May 15,2001
Page 19
Corrie: Okay. Motion's been made and second to approve the request of the
parks and rec director to approve the items as surplus and to advertise a
proposal of salvage rights.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: Tom are you sure none of our other departments could use it?
Kuntz: We'll make it available to the police department first Council member De
Weerd. Thank you.
Corrie: I assume somebody called for the question so all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Item 6.
Ordinance No. 01-917: AZ 99-021 Request for annexation and
zoning for a continuing care retirement community, single- and
multi-tenant residential, office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin
Road and Interstate 84:
Corrie: Okay. Item NO.6 Ordinance 99-021 request for annexation and zoning
for a continuing care retirement community, single and multi.tenant residential,
office and retail use by Touchmark Living Centers Joseph A. Billig east of St
luke's between Franklin Road and Interstate 84.
(inaudible discussion)
Corrie: Ordinance number 01-917. Okay. Clerk if you will read the ordinance 01-
917 by title only at this point.
Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 01-917 an
ordinance finding that certain land lies contiguous or adjacent to the city limits,
the City of Meridian, County of Ada, State of Idaho and finding that the owner has
made a request for annexation in writing to the Council and that said land be
annexed to the City of Meridian in zoning designated limited office district, LO
and declaring said land by proper legal description that is described below be a
part of the City of Meridian, county of Ada, state of Idaho repealing all
ordinances, resolutions, orders or parts there of in conflict herewith by directing
the city engineer to add said property to official maps of the City of Meridian
Idaho and directing the clerk of the City of Meridian to file a certified copy of the
ordinance and map of the areas to be annexed with the Ada County Reporter,
Meridian City Council Meeting
May 15,2001
Page 20
auditor, treasurer and assessor and the state tax commission of the state of
Idaho pursuant to Idaho code section 50-223 and section 63-2215.
(inaudible discussion)
Corrie: The members of the audience heard the reading of the ordinance No.
01-917 by title only. Is there anyone who would care to have it read in its
entirety? Okay. Council, I'I! entertain a motion on the ordinance.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve ordinance No. 01-917 a
request for annexation and zoning for a continuing care retirement community,
single and multi tenant resident, residential, office and retail use by Touchmark
Living Centers with suspension of rules.
De Weerd: Second.
Bird: Second.
Corrie: Motion has been made and seconded to approve ordinance No. 01-917
with suspension of rules. Any further discussion? Hearing none, roll call vote Mr.
Berg.
Berg: Thank you Mr. Mayor. Members of the Council, roll call vote.
MOTION CARRIED: ALL AYES
Tabled from May 1, 2001: CUP 01-005 Request for Conditional
Use Permit for gasoline facility consisting of a 3,612 square-foot
canopy over 5 multi-product dispensers, cashier's kiosk and
parking lot improvements in a C-G zone for Fred Meyer Gasoline
Facility by Dakota Company, Inc. -1850 East Fairview Avenue:
Corrie: Item NO.7 is a table from May 1st. A request for a CUP 01-005 request
for a Conditional Use Permit for gasoline facility consisting of 3,612 square foot
canopy over 5 multi product dispensers for Fred Meyer's Gasoline Facility by the
Dakota Company.
Item 7.
(inaudible discussion)
Corrie: This was tabled so that Mr. Anderson could be informed about the
request. The Counsel, Larry, Mr. Durkin if you would like to come up and kind of
give us a quick synopsis for Mr. Anderson. Thank you.
Meridian City Council Meeting
May 15,2001
Page 21
(inaudible discussion)
Durkin: My name is Larry Durkin. My address is 380 east Parkcenter Boulevard.
I'm with Dakota Company and I'm here tonight on behalf of Fred Meyer Stores. A
few weeks ago we talked about this for a great length of time. I'm just going to try
to shorten that for your benefit Councilman Anderson and just hit a couple of key
points. We originally made an application for, Fred Meyer originally made an
application for a fuel station at a different location than this. It passed through
'. Planning and Zoning with no negative testimony.
***End Of Side One***
Durkin: It came here and there was a recommendation by Council to relocate the
facility to the east of their building. That location just isn't going to work for Fred
Meyer so we filed a new application showing this location. We went through kind
of a long history of that and talked to some of the pros and cons and I'm just
going to hit a couple of those quickly for you tonight. At the last hearing, the
council denied the location, we believe because of misinformation that was
provided to the Council by Fred Meyer's prior consultant on this matter. In
reviewing the minutes and I brought them with me tonight. The Council was,
seemed to me to be confused on the location. The engineering firm representing
the Fred Meyer store is a Seattle based engineering firm. They seem to be
confused on the location and I happened to be in the audience that night
watching. I was positive where the location was and when I left that night I was
confused. What we've done is prepared a full size site plan to show the Council
specifically what we are applying for. The denial was based on three points. The
denial was based on concerns for traffic congestion. The denial was based on
statements of inadequate parking for the center. The denial was based on
hazards to pedestrians. The traffic congestion, we've done a traffic study. We've
provided it. It's in all of your packets. The traffic generated by this facility is about
230 trips per day and it will be dispersed evenly throughout the shopping center.
By moving that to one end of the shopping center or another you'll put the traffic
congestion on one driveway or another and cause criss~cross traffic throughout
the center. At the last Council Meeting, the chief of police was here and he was
asked how he felt about congestion, are there a lot of accidents. I believe that the
chief sent some accident data for the area but his testimony was that he didn't
see that this was going to be a problem for traffic congestion. That the people
that would use the facility are already driving by or using the shopping center
now. I fouled up. After that meeting I again met with ACHD, again today and that
was Kent Brown and others at ACHD. They issued a letter of no opinion. They
don't consider it to be a traffic congestion issue. They mentioned to me today to
remind you that within the next few weeks they'll be starting construction on
Locust Grove, widening that to, I believe five lanes just to the west of the
location. With 6 lanes out in front of the store and additional lanes going to the
west of the shopping center, ACHD reiterated today they just had no concerns
Meridian City CouncU Meeting
May 15,2001
Page 22
over any traffic or congestion for this addition. There are no curb cuts added to
the center. We feel that the flow works very well. The developer is very happy
with the location and the other tenants in the center are happy with this location.
At the last hearing, there was some discussion about the specific location. I'm
going to walk over to the board in a moment. About moving it 40 feet to the west.
Fred Meyer is agreeable to that and we've talked to the developer. The
developer and their tenants are agreeable to that as well. Another area of
concern to the Council the first time you heard this was inadequate parking
throughout the shopping center. As you can see from the staff report, the parking
ratio for the overall center far exceeds the Meridian City code. The center is
.- broken up into separate parcels. The parking ratio on this parcel exceeds the
code. This is the overall Fred Meyer parcel. That exceeds the code. The parking
on each of the separate pads exceeds the code. So, by putting a canopy here,
moving it over there's a line on this plan, this is left in Will's office. We would be
moving it over here to get it away from that driveway.
Anderson: Larry, can I ask you a question? Isn't there, there's a garden center
that's extended out to the east of the building's foot print now that's taking up
some of those parking spaces that they use as like a summer garden shop and
they expand out into there. I was in there a couple weeks ago buying flowers. It's
kind of more north from where you're pointing there.
Durkin: It's some where right in this area?
Anderson: Yeah. It takes up that area there.
Durkin: There is. Even with the garden shop, they far exceed the city code for, in
the staff report you might notice that they talk about the ordinance for parking.
That's specifically just for the Fred Meyer parcel. If you add all the other parcels
there's a recorded cross easement agreement that runs with the land forever.
That was a requirement for our original, when we originally developed the
shopping center. All of the parking's available for all of the people in the center all
of the time. There's just no, there's no shortage of parking. There's a greater
parking ratio here than in any of the other large centers in Meridian. Having done
a fair number of these, parking ratios are greater than industry standards and
greater than the city standards. Now that we know what the numbers are which I
don't think you knew the last time. We feel real confident that parking isn't an
issue. The next area of concern was, would this be a hazard, the Council felt that
it would be a hazard to pedestrians. In your previous denial you stated the
reason for denial as an unacceptable hazard for pedestrians. But, as you can see
now that you have the correct data, the fuel island is more than 100 feet set back
from the sidewalk. The drive lane is 40 feet away from the sidewalk with a
landscape berm separating the fueling traffic from the sidewalk. Now, in
downtown Meridian and really throughout the city there are a number of stations
with no separation at all from any of the pedestrian traffic. There are no fuel
operations anywhere in the City of Meridian with such a large set back. Fred
Meridian City Council Meeting
May 15,2001
Page 23
Meyer, Dakota company and other consultants really see no hazard with this.
Safety and patrol didn't see a hazard with this matter either. I'm just going to go
to some of my exact previous testimony because I think it's important. In the past
you recommended relocation to another point in the center. That relocation won't
work for Fred Meyer. It won't work for the developer and it won't work for the
other tenants in the center. In addition We have a concern from a safety
standpoint of putting a fueling operation down and kind of behind the building
down a private street. We feel that from a safety and patrol standpoint it would be
far better to have it directly in front of the store. If you were to drive over to the
.Garden City store on Chinden, there's a new fueling island in front of that Fred
Meyer that's directly centered right up by the street. In that case, you have to
come in on a far away signaled access, drive all the way through the drive lane
system to get to it. The safety is a primary concern of Fred Meyer's to have it
front and center from a safety and patrol standpoint and for the users that would
be using it. In preparing for the Council Meeting, the last time I carefully read the
staff report. I just want to call your attention to page 6 of the staff report. This is
the Comprehensive Plan, just the text from the plan. From an economic
development chapter the Comprehensive Plan encourages the city to set aside
areas where commercial interests and activities are to dominate. That's already
been done here. Commercial activity dominates in this area. The plan that we're
submitting, the center itself is completely surrounded by commercial property.
Another point says positive programs should be undertaken to support existing
commercial areas to ensure their continued vitality. I'm going to talk about that a
little bit in a moment. But I want to stress now is that this service for Fred Meyer
is very important to Fred Meyer. It will enable them to remain competitive with
other people in the industry that are adding this service to their center. Without
this, it's a significant blow to their continued operations. In the land use chapter it
says you encourage new commercial development within under utilized existing
commercial areas. With the parking ratios still far exceeding the city ordinance
and the industry standards and having this in a commercial area, you're
encouraging additional development within an existing commercial area. We just
feel that this meets the comp plan in that area as well. There's another in the
community design chapter that says encourage community beautification through
uniform sign design that enhances the community. There's another point that
says encourage landscape set backs for new development. There's a 40~foot -
I'm going to walk back over there. - There's a 40 foot landscaped berm in this
area and at the last Council meeting, Councilman Anderson, you asked a
question about signage. The only signage on the entire canopy is located in the
back of the canopy so that it's visible to the people leaving the store. There's no
signage on the east on the south or on the west side of the canopy. This little
detail here is a detail that shows up on the plan but this is below grade. This is
the concrete pad area where the tanks are underneath. This point right here.
From a signage standpoint it's a real minimal addition and it's well within all the
guidelines of the city. I tried at the last Council meeting to address each of the
concerns that were mentioned at previous hearings. Since we've had no negative
testimony on this at aU. It's passed unanimously twice through Planning and
(
Meridian City Council Meeting
May 15,2001
Page 24
Zoning. In fairness in reading the minutes, at the council meeting you asked a
real fair question of the consultant. You asked how far away this building was
from Locust Grove because he didn't know. You didn't, the plans that were
shown to you weren't clear. His answer to was it was 150, maybe 125 feet away
from Locust Grove. You can see from the plan, it's about 880 feet away from
Locust Grove so there's a great distance back. In just reading the minutes there
was just continued confusion throughout the meeting on where they were
located. A couple weeks ago I handed out these articles to the Council and to
everyone that was here. I want to just talk about briefly with you the industry and
how it's changing. There are, one of the articles is from the latest edition of
. '. discount store news. It talks about the competitors in the general merchandise
discount department store business and the grocery business and how they're
adding fuel. Fred Meyer would fall under the Kroger category. If you look through
the second page of that article you can see that Albertson's is adding them. Wal-
Mart is adding them. Costco, all of Fred Meyer's competitors are adding them
throughout the United States. It's a solid industry trend. This isn't an experiment.
This is a solid trend nationwide. The second article is from a Wall Street Journal
article that just talks about how it's an important trend for the industry. I guess I'm
just trying to show you how important this is to Fred Meyer stores. I've tried to
answer your questions and concerns about traffic congestion. We've agreed to
move the canopy again over tot the west to get it further away from that
driveway. We've gone back to the developer after our last Council meeting and
they have enthusiastically approved the revised location. I've gone back and
talked to ACHD about their traffic concerns. I also made a number of phone calls
to existing tenants in the center. I made a fairly long presentation for a fairly small
application a few weeks ago. I talked about how important it was to the tenants in
the center that this service be available for Fred Meyer. It really isn't the money in
the pocket for Fred Meyer for the fuel. It's more to, it's for their overall service to
be competitive with Wal-Mart and others. I talked with Blain Jacobson. Blain is a
franchisee and he's the owner of Subway stores. His competitors in the Chevron
and everywhere else are adding fuel, or excuse me, are adding sandwiches
competing with him. This a real critical component to Subway. They're thrilled to
have this near their store. I talked to Brueger's. They're thrilled to have this.
They're concerned about the other fuel operations in town adding fuel and they're
thrilled to see it in the center. I talked with TCBY. They're a great distance away.
They stressed to me how they rely on Fred Meyer traffic for their overall success
and their viability. These are national names of restaurants but all of them are
just local Mom and Pop franchisees that run these that own the business
themselves. It's very, very important to them to have the developer have the
major tenant in the center Fred Meyer and have the city take steps wherever
possible to have Fred Meyer remain viable. As long as the traffic is coming in for
Fred Meyer, they're doing well. If the traffic goes away from Fred Meyer and
goes to other places and Fred Meyer has plenty of money and they're not going
to close their store. les the small tenants that rely on that traffic. It's really
important. In addition, Fred Meyer has tenants in their building. You know they
have a Baskin Robbin franchisee. It isn't Mr. Baskin or Mr. Robbins, it's a Mom
Meridian City Council Meeting
May 15,2001
Page 25
and Pop operation that have that as their business and they rely on the traffic
coming into the center. Since we meet or exceed every single city ordinance on
it, every code, we completely comply with all the Comprehensive Plan criteria.
We think it's a great location. The chief of police has testified that he thinks it's
safe. I was thrilled with his presentation. Everyone that I'm talking to except for
the Council is very enthused about it and comfortable with it. We'd really ask for
your support tonight. There was some discussion, and it's fair discussion, at the
last council meeting. This is my last point. About precedence. Gee, you approve
this and everyone in town's going to be running in with an application to put a fuel
. .' island in front of their building. That's a fair concern for any city that could set a
. precedent. I would suggest that there aren't very many places in the City of
Meridian where there's a large commercial corner, that's been designated on the
camp plan as a major commercial area. It's fully developed as a major
commercial area and it still exceeds all the parking requirements, all the traffic
safety issues, all the pedestrian safety issues. It's not adjacent to or adjoining
any residential area. You know I like Albertson's. I assume that they've either
been in here or will be in here for a fuel operation at their Ten Mile and Fairview
store. The significant difference is they operate a convenience store. A four
thousand square foot building or so. They operate car washes. They operate a
lot different. They have a different signage program. At that facility from what I
understand and what I can see they're adjacent to and across the street and next
to single family zoned property. With this application, it's unique. I guess if
someone else came in with an application that was this unique, I think that you
should give it fair consideration. From a precedent standpoint I think you're going
to be safe with the other people in the business that they wouldn't be able to
meet the hurdle that we've met at this location. I'm stressing to you again the
importance of it to Fred Meyer. I'm asking for your support. I was up here for
about an hour and a half a couple weeks ago and I answered a lot of other
questions. But I would happily answer any questions that any of you may have.
Anderson: I just had one quick one, Larry. Remind me, did this have like a mini
mart where you could buy convenience groceries in it too?
Durkin: It does not. It has a canopy in this area. These are fuel pumps. The traffic
flows through this way or this way. This little tiny box right here, there's a kiosk
where an employee sits. There's no other, it's in the staff report the size of it. It's
very, very tiny but there's no. I wouldn't anticipate any pedestrian traffic what so
ever walking up to use this facility. No car wash or anything.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Larry is it going to be a kiosk like you've got at Garden City.
Durkin: Yes. I submitted photos to you and plans and it's the same type of thing.
Meridian City Council Meeting
May 15,2001
Page 26
Bird: I'd say that's about a 10 by 12 building. Something like that.
Durkin: One of the differences with this one versus Garden City is Garden City
has signage in a number of locations. This one has one sign to the back. I did
submit photos to
(inaudible discussion)
Durkin: The staff report doesn't mention how big it is but it's a 3600 square foot
canopy with a tiny building underneath it. I can tell there's someone that's
diligently measuring back here and would be able to give you-
(inaudible discussion)
Durkin: I think the last time, in reading these minutes, there were a couple of
plans submitted and I think part of the meeting there was some discussion about
whether it was located over here. Some of the meeting there was some
discussion about whether it was located over here. They talked about moving it
over here. This is Locust Grove and it's a major street that we all know and are
familiar with but the representative that was here on Fred Meyer's behalf at that
time wasn't sure. He was giving you the message that this was close to a fairly
congested intersection. It's a fairly great distance away.
Corrie: Any other questions?
Bird: I have none.
Corrie: Okay. Thank you Larry. Council your decision will be either to accept the
Fred Meyer gasoline facility or to deny in your motion. So, hearing no other
discussion, I'll entertain a motion.
Bird: I'll throw this out. Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we approve the CUP for the gasoline facility consisting of
3,612 square foot canopy over a five multi product dispensers, cashiers cash and
parking lot improvements in a CG zone for Fred Meyer gasoline facility 1850 east
Fairview Avenue with the condition that the whole project moves 40 feet to the
west of the planned site.
Corrie: Is there a second to the reading?
Anderson: Mr. Mayor.
(
Meridian City Council Meeting
May 15,2001
Page 27
Corrie: Mr. Anderson.
Anderson: I'll second it.
Corrie: Okay. Motion's been made and second to approve the Fred Meyer
gasoline facility as requested with the condition that it's moved 40 feet to the
west in the parking lot of the original set up. Any further discussion?
Anderson: Mr. Mayor.
. Corrie: Mr. Anderson.
Anderson: I guess I'd like to have a chance to comment a little bit on it. I
appreciate Mr. Durkin clarifying the location. I know there was some confusion at
the initial hearing on this project exactly where it was located. I think by the time
the night was over we finally got it pinned down to where we knew it was going in
the parking lot. I think the Council's concerns were because of the amount of
traffic there on Fairview avenue and without having any real scientific data one
way or another to either support or not support whether there's too much traffic
there at this time or not it's difficult to say and makes that a judgement call on our
part. I do disagree with one statement that Mr. Durkin said about under utilized
commercial area. I definitely don't think this Fred Meyer complex and the
associated businesses that area around that are under utilizing this property. I've
shopped there occasionally and it definitely has a lot of customers. I would also
agree that this seems to be the trend with the large chain grocery stores. The
Albertson's the Wal~Marts, the Fred Meyers. That everybody wants to get in the
gasoline business. I guess that $3 a gallon price is coming soon I could
understand why you'd want a piece of that gold. Based off of what we're hearing
tonight and what we see as far as the size of the project and how its designed I
like the fact that they're not making it large and obtrusive. It's not a lot of signage
and isn't over bearing. I guess I would not overwhelmingly support this project
but I probably would give it my blessings because there seems to be a shortage
of gas stations around it in the immediate area there on Fairview.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I went down to Garden City after Mr. Durkin had (inaudible). I wish the one
entrance was out of there and they would be the ideal situation there. I mean it's
a beautiful, it's a nice little gas station. I think by moving it 40 feet over we
eliminated a lot of the traffic concerns I had that in and out area there between
Subway and where it's going to be located, I hope.
McCandless: Mr. Mayor.
Meridian City Council Meeting
May 15,2001
Page 28
Corrie: Mrs. McCandless.
McCandless: I guess I'm going to go down kicking and screaming because I've
been against it all along but due to the remarks that the chief of police made last
meeting and the fact that it is being moved over 40 feet which gets it out of the
way of the driveway there. And the fact that I realize that it's a marketing tool,
that there's so many of them that are doing this now, I withdraw my objection.
Corrie: Okay. Any other discussion? Okay. Motion is to approve the request
- -, "with the conditions placed on the motion. Any further discussion? Hearing none,
- - all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTENTION
Corrie: Opposed, no. Three ayes, one abstention.
Nichols: Mr. Mayor.
Corrie: Yes.
Nichols: Point of order I think we need to have a roll call vote on this because it
requires findings.
Corrie: Oh that's correct it does. Roll call vote,
Roll-Call: Bird, aye; De Weerd, abstain; McCandless, aye; Anderson, aye,
MOTION CARRIED: THREE AYES, ONE ABSTENTION
Corrie: Okay. Vote stays the same and we're ready to go. Thank you.
Continued Public Hearing from May 1, 2001: PP 01~003
Request for Preliminary Plat approval of 23 building lots and 3 other
lots on 9.24 acres in an R4 zone by Hubble Engineering for
proposed Ashford Greens No. 6 - Black Cat Road, north of
Cherry Lane:
Corrie: Item NO.8 is a continued Public Hearing from May the 1st. Preliminary
plat No. 003, request for 23 building lots and 3 other lots on 9.24 acres in an R-4
zone by Hubble engineering for proposed Ashford Greens NO.6 Black Cat Road
North of Cherry Lane. At this time we will continue the Public Hearing with staff
comments.
Item 8.
Bird: She's got to warm up here.
(inaudible discussion)
Meridian City Council Meeting
May 15,2001
Page 29
Stiles: Mr. Mayor and Council. This is for the final phase of Ashford Greens
subdivision. The remainder of the property that is adjacent to the clubhouse area,
Brenda Estates is currently on this portion of the, adjacent to the property. The
golf course here. The 2 main items I think that need to be discussed tonight are
probably the extension to Gulf View Estates to the south, or is that a part of the
old one? Okay, never mind. That was another problem. The other portion of this
would be the Eight Mile Lateral that's adjacent to the roadway in this location. I'm
not sure how far Steiner had agreed to pipe and whether that was included as
, . ., part of it or not. I believe the applicant can address that tonight. It would be for 23
.. .building lots and 3 other lots. They have provided another map that shows it will
have .42 acres in landscaped common area. Those are shown as this landscape
island here and also as a portion of the Eight Mile, to I guess that's south of the
Eight Mile Lateral here that would be landscaped. Staff would like the Council to
address the Eight Mile Lateral and what needs to be done in that area. I can't
recall how much Steiner had finally agreed to pipe as part of that land swap. The
city does own the property. When it was deeded over to the city, I'm not sure.
Staff would recommend approval with all staff and agency conditions.
Corrie: Okay. Is the landowner or the representative here for Ashford Greens?
Wardle: Good evening my name is John Wardle with Brighton Corporation. My
address is 12426 west(inaudible) drive. Thanks to Shari and her brief remarks on
this plat. If I could just kind of give you a little bit of history. There's a colored
drawing that we provided at P&Z. You got the black and white but I have 3 copies
that I can pass out. The part that's shown in red in that drawing was part of the
original plan. The original Preliminary Plat for Ashford Greens. The part that's in
blue is what's in addition to that. This Is the old drawing I dug up from our old
files that was presented back, I think probably 93 - 94 time. Everything you see
in yellow is part of the original Preliminary Plat and this part is what's in addition
which basically caused us to do a Preliminary Plat for all of Ashford Greens NO.6.
When we were at the Planning and Zoning Commission we addressed a couple
of issues. Specifically condition No.3, which was related to the open space.
There is .42 acres of open space provided. The staff report indicated .46 and
when we met with Mr. Siddoway and also discussed with Planning and Zoning
Commission, they concurred that that was sufficient given that the actual new
part to this development is 3.26 acres versus the 9.24. What would be required if
we were just bringing a Preliminary Plat for that small section would be .19 acres
whereas we're providing .42 acres. Staff was agreeable to that as was the
Planning and Zoning Commission. The other issues, at site specific No.2 which
is talking about fencing. When we were here for Ashford Greens NO.5 the
requirement to fence adjacent to the golf course was waived. We just ask that
this be consistent with that also. That the area adjacent to golf course, that we
not be required to fence with a solid fence. Other parts of the project that would
be outside of the golf course area we don't have an issue complying with the
fencing issues. We ask that we not be required to provide a solid fence adjacent
Meridian City Council Meeting
May 15,2001
Page 30
to the golf course as was provided by this Council for Ashford Greens No.5. The
last issue is the issue with the Eight Mile lateral. The staff did indicate that the
Steiner Development did agree to pipe the lateral as part of the land swap. I
guess our issue, and Mr. Turnbull may speak to this in just a moment. This is not
on our property. It's not part of our development and it's just shy of it. We don't
feel that we have any obligation, or there shouldn't be a requirement on this
development to pipe the Eight Mile Lateral. I'm going to have to defer to Mr.
Turnbull more specifically for that a little bit before my time but I'm more than
willing to address any questions you may have related to the issues that I've
brought up so far this evening.
Corrie: Okay. Ready for questions? All right, very good.
Wardle: Thank you.
Corrie: David, Do you want to address that issue?
Turnbull: Good evening Mayor and members of the Council. My name's David
Turnbull. My address is 12426 west explorer drive. I think John stated it fairly
well. I guess I don't understand exactly where this requirement, I don't think it's a
requirement. I think it's just asking for the Council to address it. The point is
made here that Steiner agreed to pipe part of that lateral in some sort of a land
swap. I don't know that that's terribly relevant to our situation. We're not asking
the city for anything. Steiner apparently got some consideration in exchange for
piping part of that lateral. We're not asking for anything from the city here. In fact
I think we've probably been a pretty good for the golf course. We've in the past
provided them electrical services to their pond areas for re-circulation pumps.
We've provided them sewer and water services for restroom facilities all at our
cost. To ask us to come in and pipe the lateral that's on the city's property seems
to me to be a little bit over the top. I guess that's my position on that issue.
Corrie: Council, any questions?
Bird: I have none.
Corrie: Okay. Thanks David. There's no one signed up to testify. Is there
anyone in the public that would like to issue testimony on this issue tonight?
There's no need for rebuttals. Shari, any question? Gary?
(inaudible discussion)
Corrie: Do you have any questions?
Smith: Mr. Mayor and Council. On the piping of the Eight Mile Lateral, it's my
recollection from my fading memory that Steiner was going to provide all the pipe
from what's been installed in the ditch at this point to the south to the point where
Meridian City Council Meeting
May 15,2001
Page 31
it turns and goes southeast. Nampa Meridian Irrigation District had agreed to
install the piping at some future time when the water wasn't in the ditch. This last
irrigation season it didn't happen in time for that to - pipe wasn't provided in time
for that ditch to be piped. Where Shari's showing you on the screen, they were
going to pipe all of that up to under the access and that little piece just north of
the access.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Yeah. That stands out in mind that that's what the agreement, that they
would supply the pipes, Steiner development would supply the pipe (inaudible).
That condition Shari then that eliminates the condition off of this plat that you are
talking about?
Stiles: Yes. I just couldn't recall what that agreement was or how far it went. I
mean obviously it's going to need to be piped or some kind of pretty decent
barricade would have to be put on there to prevent people form driving into it. If
that's taken care of then that's fine and that can be stricken from any comments.
(inaudible discussion)
Corrie: Okay. Council, any other questions?
Bird: I have none Mayor.
Corrie: Okay. Hearing none I'll entertain a motion to close the Public Hearing on
item NO.8.
Bird: Mr. Mayor
Corrie: Mr. Bird.
Bird: I move we can close the Public Hearing on request PP 01-003 by Ashford
Greens NO.6.
De Weerd: Second.
Corrie: Okay. Motion's made and second to close the Public Hearing. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Any further discussion on the request for the Preliminary Plat?
(
Meridian City Council Meeting
May 15,2001
Page 32
De Weerd: I have none.
Bird: I have none.
Corrie: Okay. I'll entertain a motion then for the request for Preliminary Plat item
8.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for the Preliminary Plat approval of 23
building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble Engineering
for the proposed Ashford Greens NO.6 Black Cat Road north of Cherry Lane and
that the staff request of tiling Eight Mile Lateral be deleted.
De Weerd: Second.
Corrie: Okay. Motion's been made and seconded to approve the request for the
Preliminary Plat by Ashford Greens NO.6. Any further discussion? Hearing none,
roll call vote Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 9.
Continued Public Hearing from May 1, 2001: CUP 01-008
Request for Conditional Use Permit of 3 residential lots to be
developed as subdivision, pool, clubhouse and recreation area in
an R-4 zone for Packard Subdivision by Packard Estates
Development, LlC - north of East Fairview Avenue, west of North
Eagle Road on North Hickory Way:
Corrie: Item NO.9. Well, they're not here. This is a continued Public Hearing
from May the 1st. This is a request for a Conditional Use Permit for 3 residential
lots to be developed as a subdivision pool, clubhouse and rec area in an R-4
zone for Packard Subdivision. At this time I will convene the continued Public
Hearing with staff comments first.
Stiles: Mr. Mayor and Council this is for the proposed clubhouse and pool
proposed in Packard Estates Subdivision. I believe the Public Hearing was
continued so the applicant could be available to answer some questions that
were raised at the last meeting. One of those was a question regarding the safety
and fencing around the pool. Another question came up about the hours of
operation. I believe there was another question raised about which subdivisions
would have access to this pool and clubhouse area. Whether it would be
Meridian City Council Meeting
May 15,2001
Page 33
restricted to Packard Estates or whether Packard Acres subdivisions would be
allowed also to become members and participate in use of that facility. I believe
the applicant is here tonight and that's all that I had.
Corrie: Would the applicant, please -
Groves: My name is Greg Groves 6223 north Discovery way Boise. On the site
plan there you've got in front of you, it indicates that there is a wrought iron fence
around the clubhouse and pool facility. It would have controlled access. There
was a question regarding the hours of operation. Those hours of operation would
"be determined by the owner's association but I would anticipate that they would
be no earlier than 9:00 in the morning and probably no later than 10:00 at night.
We have reviewed all the recommendations of the Planning and Zoning and
engineering staff. There is an indication that the Planning and Zoning and
engineering staff is asking the Council to make a determination on the proposed
amount of parking. It's there on the site plan. That site plan, I'm not sure that
that's the updated site plan that was submitted with the package. But it's very
close to what we're looking at. I don't remember what the other questions and
concerns were. Oh, whether the other Packard subdivisions would be members
of the association. It's been the intent all along that Packard Acres No. 1 and
Packard Acres No. 2 as well as Packard Estates, or Packard Subdivisions 1
through 4 would all be a part of the owner's association and would have full
access to the facility.
Corrie: Okay. Any questions, Council at this point?
De Weerd: Mr. Mayor.
Corrie: Stick around. There may be some - Mrs. De Weerd.
De Weerd: Greg, I think also lighting was a-
Groves: Right. In the recommendations that were adopted, it indicates that-
***End Of Side Two***
Corrie: Okay. Any other questions?
(inaudible discussion)
Corrie: Stick around. You may have some more to answer, okay? I believe we
had two signed up for the Public Hearing, Helen Sharp.
H. Sharp: I'm Helen Sharp 2445 Windgate Lane. Mayor and Council Members.
He did mention to us too now that all of the Packard Estates and subdivisions
would be allowed to use the facilities. We're right back to where we were on how
Meridian City Council Meeting
May 15,2001
Page 34
they're going to access this. We have the fence now along Windgate Lane on the
east and we will on the west when they develop that. There are 2 gates there
now at that fence. l've asked that they look, if someone would be aware of the
fact that those gates are, they're not right in front of the sidewalk - one of them's
in front of a drain and we've got a little problem as how we're going to take care
of that once we have to grade and gravel that lane because there's a nice big dip
there. Of course we have the 15 foot easement but right now we have a problem
there. The question is, and here again I'd like to have everything in black and
white and enforced when they make the final decision as to what's been done.
Because those of you who've been on the Council. Those of you who've listened
'to us on Packard subdivision and I'm sort of getting tired of it. We have to keep
coming back and reiterating and redoing what's been done and I think the real
issue here is going to be access from the people into that facility. I mean I can't-
Maybe they'll offer me an invitation and then I won't have to worry about it, to use
the facilities. I think it is a subject that definitely has to be addressed because the
way the gates are now that would go access into the property I can't believe that
it would be acceptable. As far as safety, I just cannot see, the way they've got it
set up that it would complete especially when they're talking about the foot traffic.
That would be foot traffic in and out of there because actually they don't have the
vehicle facility unless they go all the way around it and enter into Fairview. It
could not be entered from Windgate Lane. I really don't think that it's a safety
solution right now as it now stands and it's very, very hard to tell by looking at
your pictures there. I think it's something that definitely needs to be addressed
and finalized. Thank you.
Corrie: Thank you. Dale.
D. Sharp: I'm Dale Sharp, 2445 Windgate Lane. I also would like to reiterate on
the access of using Windgate Lane. As the representatives have stated time and
time again in meetings here that Windgate lane would not be used. It is a private
road by the way. It's designated as private road since 1913. It is a safety factor
coming down that lane. It's fairly narrow and I on occasions already have closed
those gates because they've been swung out into the lane. People walking out
from that subdivision into the lane could be subject to being hit by - we have
garbage trucks coming down there. We have delivery trucks. We have mail
service. We have paper service. We have friends and relatives and some of
those people, garbage trucks with no exception come down there pretty fast.
Somebody step out in there onto that lane from those gates is subject to being
hit. I just want to remind everyone here that they said they would not use
Windgate Lane. It's been reported in these minutes here and I can bring those
minutes to you and show you.
Corrie: We'll ask them here too. Thank you Dale. Anyone else? Would you like
to come up and answer these questions that have been raised please? Thank
you.
Meridian City Council Meeting
May 15,2001
Page 35
Groves: Members of the Council. It's been a long process this Packard
subdivision. There's been a development agreement signed by us, by the city. It
addresses all the issues that Mr. Sharp brings up. We intend on abiding by that
development agreement. As far as people getting hit on the lane, you know the
posted speed mile, the posted speed limit on that lane is 15 miles an hour. I can
assure you that anybody who drives down that lane does not drive faster than 15
miles an hour. You know, I don't think we're going to have too many issues in
regards to that. I don't know what else you want me to say about it.
.Anderson: Greg, could you explain for me where these gates went again?
Groves: There are two stub streets that come out of Packard Acres NO.1 that
stub into Windgate Lane.
(inaudible discussion)
Groves: This is Windgate Lane right here. There's a stub street right here and
there's a stub street right here. There's a gate here and there's a gate here.
There's a fence across the'(inaudible)
Anderson: Over here on this meadow?
Groves: Yeah.
(inaudible discussion)
Groves: There's a little 3 foot gate there and a little 3 foot gate there.
(inaudible discussion>
Anderson: And so where's all this traffic coming from that's going down this
road? How's it getting onto their road if those are fenced?
Bird: Coming off of Ustick.
(inaudible discussion)
Groves: You know they could come right down Meadow Grass and go that way
but they come all the way down Ustick, down this lane.
Bird: Mr. Mayor.
Groves: The only other comments I've got, if you refer back to the development
agreement that was approved for Packard Acres NO.2 the recommendations
from the city Planning and Zoning and engineering staff, the recommendations
from the highway district were all adopted. In the recommendations from the
Meridian City Council Meeting
May 15,2001
Page 36
highway district, I want to remind the Council that the highway district did indicate
that when the 2 five acre parcels south of Chateau I think it is, or Chabliss or
whatever street is there are developed that there will be some discussion about
crossing that Windgate Lane and I thin k that that needs to be pointed out. It is in
the development agreement and was adopted by this body.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Greg, in the development agreement and this is before you were involved in
this development, it was agreed upon that Windgate would not be used by the
contractors coming in and out and stuff. I have personally seen it being used by
construction workers, construction trucks. That is part that I think that has a lot to
do to upset the residents out on Windgate Lane is that what was agreed upon
hasn't been lived to 100 percent of the time. I hope that now with your
involvement that that will be taken care.
Groves: We've tried to do everything that we have promised to do. There are
occasions when we've had to have utility contractors use the lane for crossing
pipe or whatever. We've tried to repair the lane diligently. We've worked with Mr.
and Mrs. Sharp on an adequate fencing design. You know the development
agreement also says that there should be pedestrian access across that lane.
Frankly if you go out there and look at it, it's really difficult. I mean it's not very
friendly to pedestrians by any means.
Bird: Greg, I don't think they're complaint is utilities being ran across or anything
like that. This was before your time of big trucks coming down that thing to get
into the access. It wasn't for utilities and stuff. I hope that you will see that don't
happen. If that's the agreement.
Corrie: Any other questions?
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I guess, what do you have along that area to discourage traffic
from the construction workers or anything like that to use it? Do you have it
fenced on both sides of that lane and pillars or something so that it's only
accessible at those two points to pedestrian traffic? How is that, how are the
boundaries identified? Do you have a fence up?
Groves: There's a 6 foot fence that runs all the way down the east side of the
lane with two gates for almost the entire property on the east side. There will be
another 6 foot fence on the west side eventually.
Meridian City Council Meeting
May 15,2001
Page 37
De Weerd: And that's probably where the traffic's coming from?
Groves: No. There's no development on the west side yet.
De Weerd: So, how is the traffic getting from Windgate Lane into your
development?
Groves: There's no houses there yet. The only traffic that's been there has been
.our underground utility contractors that have installed the sewer and water.
Maybe the US West and DASCO folks and of course myself.
De Weerd: And, you're using it?
Groves: Sure.
De Weerd: Why?
Groves: We have a property that we own on that lane. There's a house down it.
De Weerd: Okay.
Groves: Okay.
De Weerd: Thanks for clarifying that.
Corrie: Any other questions?
Bird: I have none Mayor.
(inaudible discussion)
Corrie: No, Ma'am.
Bird: No.
Corrie: Is that yours? Okay. Council, is there any other discussion, questions?
Bird: I have none Mayor.
Corrie: Okay. At this point I will entertain a motion to close the continued Public
Hearing.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
(
Meridian City Council Meeting
May 15,2001
Page 38
Bird: I move we close the Public Hearing for the Conditional Use Permit for
Packard Subdivisions by Packard Estates Development LLC.
Anderson: Second.
Corrie: Motion's been made and second to close the Public Hearing on item No.
g request for Conditional Use Permit No. 01-008. Any further discussion? All
those in favor of the motion say aye.
. MOTION CARRIED: ALL AYES
Corrie: Discussion on the request?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I guess I don't see any problem with the request for the CUP here. I
mean this is just a re-curing theme with the use of Windgate Lane and the
Sharp's property. That's on the record and the development has agreed that as
best he can, I'm not sure what we can do other than put a police officer out there
to guard the private lane 24 hours a day. Maybe a sign posted up at the start of
Windgate Lane near Ustick might be appropriate that says this is a private lane
not to be used by construction vehicles.
(inaudible discussion)
Bird: They've tried that I think.
Anderson: I don't know if they have or not.
Bird: Yeah. That's county anyway. We can't get a police officer out there.
Anderson: I wasn't suggesting that we do.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for Conditional Use Permit of 3
residential lots to be developed as subdivision pool, clubhouse and recreation
area in an R-4 zone for Packard Subdivision by Packard Estates Development
LLC. north of east Fairview Avenue and west of north Eagle Road on north
Hickory way with staff comments and Attorney to draw up the Findings of Facts
and Conclusions of Law and Decision of Order.
Meridian City Council Meeting
May 15,2001
Page 39
De Weerd: Second,
Corrie: Okay. Motion's been made and second to have the Attorney to draw up
the Findings of Facts and Conclusions of Law for the request of the Conditional
Use Permit with an affirmative approval, staff comments. Any further discussion?
Hearing none, roll call vote Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Item 10.
Continued Public Hearing from May 1, 2001: RZ 01-003
Request for rezone from R-4 to C-C for Partition Specialties, Inc
by Ronald and Coleen Schaub -1315 North Meridian Road:
Corrie: Item No. 10 is a continued Public Hearing from May the 1 st. This is a
request for rezone from R-4 to C-C for Partition Specialist Inc. 1315 north
Meridian Road, At this point I will continue to open the Public Hearing and invite
staff comments first.
(inaudible discussion)
Stiles: Mr. Mayor and Council. It looks like once again they have decided not to
show up. Since they're already operating illegally I would suggest that we get
code enforcement out there and shut them down.
(inaudible discussion)
Bird: Is this the one that's on the alley there? There right by, just south of the
Church parking lot there?
Stiles: They're next to Eugene Peters' place. He came and testified last time.
Bird: Oh, yeah.
Corrie: Were they notified Mr. Clerk to be here?
Berg: Mr. Mayor, Members of Council. According to my staff they contacted them
both times as far as there is any Public Hearing their attendance would be highly
recommended.
Corrie: Okay. I guess, Mr. Counselor, I guess we have a choice here to close
the Public Hearing, either refuse or prevent the rezone or if we choose not to
approve the rezone we can have the code enforcement people go out and take
care of that part.
Meridian City Council Meeting
May 15,2001
Page 40
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: You know the Public Hearing isn't closed. Just to reiterate, the
application for the rezone indicated that there was no manufacturing, assembling,
or anything associated with putting things together in this proposed use. The
testimony from the neighbor would lead one to believe that raw materials are
being dropped off and things are being manufactured inside the residence. So, it
appears, if that testimony was correct, that even with the rezone that theyrve
sought, they still wouldn't be able to do what they're doing there. Just in terms of
this particular application, it would seem to me you could deny the application if
you choose on the basis that the applicant did not prosecute the application
explain it to the Council. What they have to do to get a permit approved would be
to do that. If that were your choice. If they're manufacturing things in there,
they're still in violation of the zoning code and still subject to code enforcement
action.
Bird: Mr. Mayor.
Corrie: Okay. Mr. Bird.
Bird: The recommendation from the Planning and Zoning was for L-O zone. We
can change the zoning from that. Would that take care of that?
Nichols: Mr. Mayor and Members of Council Councilman Bird, I'm not sure what
the question is.
Bird: L-O, that would take care of, they wouldn't be able to manufacture in that
either would they?
Nichols: You'd have to ask Shari, but I don't think that assembling or
manufacturing is allowed in an L-O zone.
Corrie: Manufacturing isn't allowed in the L-O zone either is it?
Stiles: No.
Corrie: Okay.
Bird: What is allowed in C-G?
Stiles: C-G?
Bird: Yeah.
Meridian City Council Meeting
May 15,2001
Page 41
Stiles: Well, they had requested C~C.
Bird: Oh, C-C okay, I'm sorry.
Stiles: Which does allow convenience stores, car washes, a lot of other things.
Bird: (inaudible)
Gorrie: Is there anyone from the public that would like to issue testimony on this
statement?
(inaudible discussion)
Corrie: Okay.
Bird: The application is for C-C.
Corrie: Council, any other comments for the Public Hearing?
Bird: I have none.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: Shari, did you say that the applicant wasn't at the Planning and
Zoning meeting either? Were they?
Berg: Mr. Mayor, Members of Council. There was an applicant representative
there at the Planning and Zoning meeting, Commission meeting.
De Weerd: And, he didn't have a problem with the L~O designation?
Berg: I don't believe he had a problem with the L-O recommendation from the
Planning and Zoning staff.
De Weerd: Were the issues by, were the neighbors at that meeting and
brought up some of the same concerns they brought up last meeting?
Berg: I don't honestly remember who testified at the meeting but there were
some other neighbors that did testify. I don't recall if they brought up any
manufacturing being already done in the building.
Anderson: Mr. Mayor.
/
\
Meridian City Council Meeting
May 15,2001
Page 42
Corrie: I'll entertain a motion to close the Public Hearing.
Anderson: I have a question then.
Corrie: Okay.
Anderson: Do we want to go ahead and close the Public Hearing or continue it
again. I mean it appears like, we lack information to make a decision as a
Council. Somebody either needs to contact the applicant and found out what's
going, are they wanting to change to a different designation? Are they
o : withdrawing their application or what? So that we can make an informed decision
on this. I think we need to probably continue the Public Hearing, I would think so
that we can find out where this is going.
Bird: At least give them an opportunity. Aye or Naye.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I would agree with that, however I think it needs to be said that if the
applicant is not here at the next meeting to answer some of the issues that were
raised by his neighbors as far as activity at his place of business currently that
this application will be denied.
Corrie: (inaudible) the 3 strikes, you're out?
Anderson: I just want to be sure he's been contacted and he understands the
process and all that. Someone needs to explain it to him, walk him through it.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: J don't think we can come up with a threat of either you show up or you'll be
denied because I don't think that's the proper language.
Corrie: No.
De Weerd: If we can't get any answers and he is manufacturing, LO isn't going to
do anything. Why rezone something if it's going to be shut down anyway Keith?
Bird: Yeah. But you don't go out and tell somebody that free vote on the thing. I
agree with Mr. Anderson that let's continue it and get a hold of the people. Have
them give us a letter whether they want to continue on it or show up.
Meridian City Council Meeting
May 15,2001
Page 43
De Weerd: I think that's what I said.
Bird: You said tell them to deny. I'm telling them we're denying it. I might be for it.
Anderson: Mr. Mayor. I would make a motion to continue the Public Hearing-
De Weerd: Second.
Anderson: -- before these two get in a fist fight.
Corrie: You have more patience than I at this point. Okay. Motion's been made
and seconded to continue the Public Hearing until -
De Weerd: June sth.
Corrie: -- June the 5th.
Bird: Second.
Corrie: Okay. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Anderson: Mr. Mayor.
Corrie: Yes, Mr. Anderson.
Anderson: Just a question then. Are we going to specifically assign somebody
to contact them?
Corrie: Yep. I'm going to see that the City Clerk's office does that tomorrow
morning and just before the day again, we'll contact them again Mr. Clerk. So,
we'll put that on the calendar. Both yours and mine and we'll make sure that they
understand the significance of that. Thank you.
Public Hearing: ZA 01-001 Request for consideration of
amendments to Title 12, Chapter 6, "Planned Developmene, and
Title 11, Chapter 17 "Conditional Uses" of Meridian City Ordinance,
along with related changes by Primeland Development:
Corrie: Item No. 11 is a Public Hearing. It's a request for consideration of
amendments to title 12 chapter 6 planned development and title 11 chapter 17
conditional use of Meridian City ordinance along with related changes by
Primeland Development. At this point I will open the Public Hearing on the
request and invite staffs comments first.
Item 11.
Meridian City Council Meeting
May 15,2001
Page 44
Stiles: Mr. Mayor and Council. To give you a little bit of history on this zoning
ordinance amendment. We did request Carla Olsen at one time to look at
revising our planned development ordinance. Our existing ordinance is
antiquated and has never been very useful and it's very confusing to staff and the
public. It's almost impossible to figure out what it means. It doesn't lend to any
imagination for developments when they come in. When Miss Bowcutt was going
to propose the Bridgetower Crossings and the Bridgetower project, she knew that
she needed to have something other than our existing planned development
ordinance in place in order for that development plan to be approved. So, at our
request, Miss Bowcutt did submit a revision to the planned development
ordinance as well as the associated conditional use provisions in the ordinance
and she has taken what Carla Olsen had prepared and added some things,
maybe from some of the other jurisdictions that she has learned through her
experience that either worked or didn't work or re-worded them in order to make
it a friendly ordinance I guess you would say. After her initial submittal, I did
prepare a memo to the Planning and Zoning Commission. It was dated March
15,2001. Hopefully you have it in your files. Basically went through it and made
some additions and had to italicize areas that I wanted the Planning and Zoning
Commission to specifically focus on and to consider as part of their review of the
zoning ordinance amendment. Becky then took those changes and the narrative
contained in my memo and summarized them for the Planning and Zoning
Commission. That is what she included in her letter dated April 19, 2001.
Hopefully you have that in your packet as well. I think that she very clearly
summarized what the issues were. There were two or three areas that she
specifically came up with more information to provide the Planning and Zoning
Commission with - I can't find any pages on these. On the second page of her
memo, where it discusses planned developments under chapter 6, we had - part
of our discussion was, what happens if there's no maximum density? If in fact it
were commercial or an industrial or some kind of an office district. That's why it
was added that if there's no maximum density guidelines, the maximum
allowable density shall be 15 units per acre. This would allow commercial or
industrial development to also have maybe a multi family housing component of
their development as long as they do not exceed their 15 units per acre. That
would be part of their 20 percent exclusion. There was a discussion about the 10
percent open space. It was my suggestion that the 10 percent open space be
required regardless of any other amenities they might provide as it was a
planned development. It was decided the 5 percent would be mandatory as part
of the landscape ordinance and would not qualify as an amenity. That if they
wanted to count it as an amenity they would have a minimum of ten percent. Plus
they would be required to provide one more amenity in addition to the 10 percent.
Under the energy conservation amenity, that was stricken by the Planning and
Zoning commission because of the lack of standards to go along with that and to
be able to quantify that energy conservation measure. Becky also added under
item 7 on the second page, the last sentence because our ordinance currently
contains some also antiquated roadway standards and refers to agencies that no
Meridian City Council Meeting
May 15,2001
Page 45
longer exist, if they ever did, some standards for the private roads. She has taken
that from what Boise City requires and it says that is quite stringent for what they
require in Boise City as an addition. We did have a discussion about the 20
percent discretionary use exception. Under the planned development it was
thought that in some cases 20 percent could be excessive and could lead to the
possibility of perhaps a Wal-Mart size facility coming in or something that really
wasn't geared toward being a neighborhood convenience shopping facility. It was
decided that the Planning and Zoning Commission and the Council would have
the discretion. They could be allowed up to 20 percent but that's not a guarantee
. that any development would be guaranteed 20 percent, so that would just be up
to 20 percent. We also talked about the bonus density. I'd run through different
scenarios about this 10 percent bonus density and what that might entail. In
certain instances it wouldn't be a problem but we did come up with some
scenarios that if they dedicated more than 50 percent of their overall property it
could be a very dense development. So, what Becky had suggested was striking
the last portion of line 3 of section 12-6-6-A-7 to delete the allowance for the
number of units that could have been placed on the dedicated land. Currently if
they do dedicate land for parks or for a school facility for example, they would be
allowed a 10 percent bonus density on the remainder of the land. How that
previously read was that plus they could have had the number of units that could
have been placed on a dedicated land. In addition to the 10 percent bonus - Say
they dedicated 40 acres for a middle school site, they also would have been
allowed another 160 units on the remainder of their property which could have
lead to some fairly dense developments. So, that was suggested to make it a
little more clear. I believe that she has talked to the building contractors
association and has let them review this planned development ordinance and
has received no response from them about that change that she has suggested.
Those are the primary issues that were discussed. I believe, we at least hope
that we've covered everything and at the very least, it's a great improvement over
what's existing now. This will encourage neighborhood centers which we are
proposing in our new Comprehensive Plan so that we have services available to
those neighborhoods and can also capture some of the traffic that might
othelWise be traveling quite a distance in order to get just a gallon of milk or
something like that. Hopefully there'd be some walking opportunities to access
services more close to their homes. That's alii have. If you have any questions.
Corrie: Council, questions?
Bird: I have none.
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
Meridian City Council Meeting
May 15,2001
Page 46
De Weerd: So, Shari, in your opinion and looking ahead to what we're trying to
accomplish with our camp plan update, does this satisfactorily encourage some
creativity and some incentive for density bonuses and that sort of thing?
Stiles: I believe it does. I don't know that Becky actually used any of the density
bonuses as part of the Bridgetower Crossing development. I think it certainly
does lead to some creativity and hopefully give them an incentive to provide
some additional services. Say offices or neighborhood convenience type services
as part of their development without worrying about the exclusionary zoning of an
R-4. I believe it'll be a lot easier for us to administer and to quantify some of the
'planned developments instead of - to this point it's pretty much been anything
goes and if Council likes it it's approved. If they don't like it it's not approved. I
think it gives them a little bit more to shoot for. I guess Becky can testify as to
whether she thinks it's going to be good or not.
De Weerd: Well, I do appreciate the fact that there is a sunset clause on some of
the timing of these developments. I guess how do you enforce that? You know
we see know time extensions, requested 2 months after their order was over.
How will that be enforced? You know are we putting in consequences into this or
we're going to leave it open-ended like we do everything else?
Stiles: Well, currently time extensions are not open-ended. I mean they, either
they're approved by Council or they're not. They have to request a time
extension prior to expiration, the one-year expiration of their plat. That doesn't
necessarily mean it's on the agenda within that one year. They are required to
request it prior to the one year. What you've seen a lot lately is, even though
they're only allowed a one year extension, they have been requesting variances
to that. So come back again. We've had subdivisions that were approved in 94
that still are not - the first house hasn't even been built on it yet. That's because
tie extensions and variances have been granted. I mean the same could happen
here. If they don't meet this, they could apply for a variance. If the Council
approves it, we'll have the same thing happening. It's enforced because we look
at the dates and we, staff is usually on top of when the last submittal was and
where they are at in their phasing. I'm not saying that we've never missed
anything. I think we're pretty diligent in trying to make sure that that timeline is
met.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Shari, in your memo you indicated some fees, a suggested fee
schedule. Are those new fees or do those fees exceed more than 5 percent
above what the current application fee is?
Meridian City Council Meeting
May 15,2001
Page 47
Stiles: They would be. Well, they would be a little of both. We do have a
planned development fee in existence today but it's enough of a difference that
yes it would be more than 5 percent. Either way, it would require Public Hearing
for it.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Shari, just one other question I guess. In the private road issue, with
regard to ACHD standards, does that include the stormwater standards? It has a
recitation of in parentheses some of the things to be followed.
Stiles: Are you referring to the last, F, item F on page 3?
Nichols: I was looking in the marked up code section, I think is where I saw it.
Stiles: What that's referring to is only the construction standards, that even
though the maybe widths may be less, we may approve less as part of the
private road approval. They would still need to meet the construction standards
as far as road base and pavement of any other local road.
Nichols: So would that include stormwater?
Stiles: I would say yes. I guess Becky can - If a private road is approved the
city is going to have to review those roadways themselves and the city does use
Ada County Highway District's standards in their review.
(inaudible)
Stiles: And Brad Watson indicates that's true.
(inaudible discussion)
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd:
correct?
Those standards include, there's no more gravel roads allowed,
Stiles: Right.
De Weerd: Okay. I do appreciate one of these in here. I guess the first
question I have is do you agree with Becky's summary?
Meridian City Council Meeting
May 15,2001
Page 48
Stiles: Yes.
De Weerd: And her suggestions?
Stiles: Yes, I do.
De Weerd: Okay. I was pleased to see that before recommending an extension
that the Commission can determine if there's significant amendments that they
have to come up to code, if there's been anything different added. I appreciated
that. On transfers and modifications. I guess I read something in 11-17-10 was
..more in dealing with home occupation and child care facilities. I would like to see
if there's an application or transfer of ownership that the residents within the 300
feet are noticed of the change of ownership. That's only because if there's
questions - I know there are many subdivisions out there that change hands a
number of times and so when they finally do go in there to build, the original
applicant is still the only one that the neighbors know of to try and call. Then
Gary's department gets the brunt, or your department gets the brunt of that.
Trying to track down who now is the current owner and all of that. I don't know jf
that can be built into it but that is something that I know has come up. It might be,
if it's something that can be built into this it might be something that is worth
adding.
Stiles: Give me a name and example of when that's come up.
De Weerd: Turtle Creek would be one of them.
Stiles: It wasn't a planned development.
De Weerd: Well, no. This is a similar situation that happens not in just this
ordinance. It would be something that would have to be across the board. I
thought of it when I read this ordinance. So, you might as well bring it up when
you think of it right?
Stiles: I'm not sure if a notification would be in order because, we typically know
if there's been a change in ownership, don't we? We will be the first ones to relay
that information to anyone calling us. If that's the appropriate person to contact.
De Weerd: Okay, just a comment.
Stiles: That's good.
(inaudible discussion>
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Meridian City Council Meeting
May 15,2001
Page 49
Anderson: Just listening to this conversation between Tammy and Shari. I mean
it seems like this would be better served at a workshop -
Bird: Yes.
Anderson: ~- than it would tying up a regular Council meeting time.
De Weerd: those are my issues. I think it's very well done. I think that they
even tried to answer almost every single detail. There is just a couple of minor
'things that I found. Unless you don't think they're minor. I think this was very well
done, especially for what they had to work with.
Corrie: Okay.
Bird: Mr. Mayor.
Corrie: Any other questions at this point?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I agree with Councilman Anderson that I would like to have seen this come
before a workshop. It is very well done but I'm not sure that the 3 and a half or 4
days I've had to read and pull the old deal and go down here and stuff. I'm feady
to vote on whether I want to accept it Of not. So, I don't I guess this question is
for you the attorney. I don't know whether we continue the Public Hearing and
throw it into a workshop or how we go about doing this. I know we have to have a
Public Hearing and if there's fees and stuff involved I believe we will probably
have to have other Public Hearings too, won't we?
Nichols: Councilman Bird, Mayor, members of the Council. I'm trying to recall
Shari. I'm not even sure that, well it's because it's a zoning ordinance that's why
we have the Public Hearing on it isn't it? Yeah. As far as the fees go, yes that's
more than a 5 percent increase. That would have to be approved after a Public
Hearing. To cover your issue with regard to the workshop, it seems to me, even
though it's almost essentially here in almost in ordinance form-
***End Of Side Three***
Nichols: -- it would be to produce a draft ordinance based on what's been put
together here. That draft ordinance is then presented to the Council at the
workshop and you can review it, pick through it, I would urge you to use what you
have here in front of you ahead of time and go through that because there
wouldn't be any real substantial changes. I can only see one thing that struck me
Meridian City Council Meeting
May 15,2001
Page 50
off hand looking at it that would need to be changed. That's in 11-17 -4-B, the
language that was added was had to do with the period of time for the
Conditional Use Permit. It says unless otherwise approved by the Commission
and the Council and so the time period of the extension would have to be
mutually agreed upon by the Commission and the Council and actually the
Council is the one that has the final say. So, we'd probably just drop the
Commission out of that equation and just have it as, so essentially the
Commission could make a recommendation to the Council and then the Council
adopt or modify that recommendation. Other than that, obviously it's taken a lot
thought -
Bird: You bet and a lot of work.
Nichols: I don't think it would be too difficult and I presume that Becky has it
electronically? Which would make it a lot easier to put together.
Bird: Good.
Corrie: Okay. Since this is a Public Hearing, Becky would you like to say a few
words?
(inaudible discussion)
Bird: Brief.
Bowcutt: I know, I'm never brief. Becky Bowcutt 11283 west Hickorydale Boise.
As Shari said we kind of worked in conjunction with this ordinance. Your staff has
been extremely busy with many different goals and activities and applications at
this time. We tried to work with them as best we could to alleviate the amount of
time they need to spend on this ordinance. We took that draft that the city paid
for back in July of 1999. It was in a rough from. I consulted that planner and
informed her that we were going to be working this into some type of a format
that would be submitted to the city for review. I agree with the Council. I did not
come here this evening to ask you to approve this the first time you take a look at
it. The Planning and Zoning Commission did not approve it the first time.
Everybody needs to digest it and kind of look through it. When you get a different
minds together there are things that may be noticed that may be problematic or
things that may need clarification. Shari and I have worked diligently to try to
answer all the questions that came up at the Planning and Zoning Commission.
They seem pleased with the ordinance. We feel this is a positive step. As Shari
indicated, it's an update. Your old ordinance was really antiquated. We had a lot
of contradictory language even though you did a planned development you were
still subjected to all the requirements within the zoning ordinance. As
Councilwoman De Weerd indicated, the planned development ordinance is
suppose to promote creative projects, creative designs coming in and creating
more self-sufficient neighborhoods. It also gives the city a lot more power as far
Meridian City Council Meeting
May 15,2001
Page 51
as how they, how these projects are designed and what they want to see. With a
straight subdivision you know there are certain limitations that the city's bound by
under your ordinance. With this it lays out a lot of additional findings that need to
be made. I think it just gives you more latitude and your staff more latitude to
scrutinize the projects that come before you. Just briefly, you're looking at 3
ordinances. A replacement of your conditional use ordinance, a replacement of
your planned development ordinance and in the third section which Shari
outlined in her memo is just a clean up of your definitions because you want your
definitions to coincide with these documents so that there's no misinterpretation
< of what these terms mean. We feel that this is positive. Other cities, I reviewed
. many other city PUD ordinances to compare and look at what is common in all of
them. The items that you see before you are pretty much common. We've
tailored it a little bit to incorporate some things we thought should be saved out of
your existing ordinances that seem to be priorities. I also added some things
because, dealing with the city of Boise, there are always short falls or
Shortcomings in a particular ordinance. So, we tried to alleviate that with allowing
the Council to determine like the time frame in which a project may commence,
certain things like that. It's important, the city of Boise, if you watch the news or
read the papers a few months ago had a lot of problems with Summerset Ridge.
That was a particular development that came through as a planned development
years and years ago. I think probably 15 years ago or more. It was under their
old ordinance. They did not put any clause in there that specified at such time
that project had to be completed and so it was just open ended. Now they're
having problems. Neighbor problems and problems with the developers. The way
this is designed, you guys could specify time frames. The applicant would have
to commit to specific time frames. They could come in and get time extensions as
conditions of approval, the city of Boise on a conditional use, conditions of
approval that they send out to the application, it specifies at what date that
conditional use will expire and what they need to do to qualify that they have
indeed commenced construction and basically activated the Conditional Use
Permit. There are things like that that we've incorporated in here and that your
staff could incorporate in their staff reports in the future. Do you have any
questions?
Bird: Very nice job, Becky.
Bowcutt: Thank you.
Bird: I appreciate your hard work for us.
Bowcutt: Shari and I will get together. I'll turn this into one document with the
changes made by the Planning and Zoning Commission and get that to your staff
in electronic and hardcopy form to the clerk. Then we can go from here to a
workshop or whatever you believe is necessary. Thank you.
Meridian City Council Meeting
May 15,2001
Page 52
Corrie: Thank you Becky. Is there anyone else in the public who'd like to issue
testimony? Okay. Hearing none, any kind of questions on public record, Public
Hearing?
Stiles: Mr. Mayor.
Corrie: Shari.
Stiles: I would like to add one more thing that has been added. In the zoning
. schedule of use control it does have public and private parks are permitted in
. 'every single zone instead of either being prohibited or require conditional use.
That was another important thing that we thought should be included in this
ordinance.
Corrie: Okay. I think I saw that back there.
Bird: Yeah.
(inaudible discussion)
Corrie: Thank you. Any other questions? Hearing none, I guess then you want
to close the Public Hearing and have draft ordinance for publication for the
workshop. Okay.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we close the Public Hearing ZA 01-00 request for consideration
of amendments to title 12 chapter 6 planned development and title 11 chapter 17
conditional use of Meridian City ordinance along with the related changes in
Primeland Development.
Corrie: Okay. Do I hear a second?
De Weerd: Second.
Corrie: Motion made and second to close the Public Hearing on item No. 11 as
the motion states. Any further discussion? All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. We'll have a draft ordinance drawn up-
Bird: We don't need that in the motion do we?
Meridian City Council Meeting
May 15,2001
Page 53
(inaudible discussion)
Corrie: Okay. Let's take a five minute break so that those who want to smoke a
cigar can.
Bird: I don't know about cigars.
Corrie: I'll open the meeting again at 9:15
(Meeting reconvened at 9:15 p.m.)
Item 12.
FP 01-007 Final Plat approval of 36 building lots and 2 other lots
on 10.66 acres in an R-4 zone for Bear Creek Subdivision No. by
Briggs Engineering - east of Stoddard and south of Overland Road:
Corrie: Item No. 12 is the final plat approval for 36 building lots and 2 other lots
on 10.66 acres in an R-4 zone for Bear Creek Subdivision by Briggs Engineering
east of Stoddard and south of Overland Road. Staff comments first.
Stiles: Mr. Mayor and Council. This is for the second phase of Bear Creek
Subdivision NO.2. At this point Bear Creek Subdivision has not been recorded but
there are some issues with the well being put on line out there. They've run into
some problems. Gary could speak to some of those problems. You'll notice on
Page 2 of the staff report under item 8, the public works department can't
recommend approval of this development until such time as the new city well
being constructed within phase of Bear Creek is operational. I don't know what
the ramifications would be of approving this subdivision and then not signing the
plat until the well was on line. I don't think that Gary is particularly opposed to
that but we probably need some advice from legal counsel on what the
ramifications are to approve a plat and then not be able to sign it. We have had
requests already for at least one building permit to be permitted out there.
However, the property has been split within any recording of a plat so no building
permits can be issued.
Smith: Mr. Mayor and Council. The test well has been drilled for well 22 and we
know where the aquifers are that we want to drill to. The specifications for the
drilling of a well are all prepared except for the technicals which we are expecting
any day from the hydro-geologist so we can go out to bid on the drilling of the
well. That's where we are right now. We don't know what to anticipate in terms of
quantity of water. The drilling of the production well will be able to show us that.
And we're expecting something similar to what we have in well number 14 to the
east. We're anticipating that the well would be completed by the end of this year.
That is, the pump, pumphouse all complete, pumping water into the system. I
meant to bring Bear Creek's Preliminary Plat file with me tonight and I left it in the
office. I wanted to check on the conditions of approval of the Preliminary Plat,
which I cannot recall as far as the water supply was concerned.
(
Meridian City Council Meeting
May 15,2001
Page 54
(inaudible discussion)
Smith: I guess our anticipation of this project was that phase one, as large as it
was or is. We didn't anticipate phase 2 to come in as fast, as quickly as phase 1,
or as soon after phase 1 had been approved. We've also received development
plans for phase 3 and phase 4 on this subdivision. Four hasn't been in. Three is
in.
. Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Gary, how many wells will these phases require?
Smith: We're just anticipating the one well.
Bird: On well. Okay.
Smith: Right.
Bird: This 8 says that the new domestic well that is currently under construction
but you're telling me it's not under construction within phase 1.
Smith: The production well is not under construction, no sir. The test well was
drilled and the information has been received from that drilling. That gives the
hydro-geologist the information he needs to prepare the technical specifications.
Like I say, we're expecting those any day from him. We already had the invitation
to bid has been to sent to the paper, just waiting for the technicals to come in so
we can compile a total bidding document.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Gary, then that gets to the sewer, how. I mean they're asking for building
permits as I understand?
Smith: Yes.
Bird: And if we don't have water and sewer lines to it?
Smith: Well, we have water out there, I mean that's not an issue for the number 1
that's under construction. Number 2 is the issue and that's what we're just
discussing tonight. I just want to get these things under way so. There's a certain
level of comfort I guess right now. I mean, our hydrolic model said that in order
Meridian City Council Meetfng
May 15,2001
Page 55
(,C.
l.
for Bear Creek Subdivision to be approved the well has to be there. I don't recall
- if you want to split that out and say, without the well 167 lots of Bear Creek can
develop. I don't know that for sure. I know that there's a number of lots that can
develop without the well. But in order for the total subdivision to develop the well
has to be there. I don't have that technical answer for you tonight to say Bear
Creek NO.1 is okay. Bear Creek NO.2 is okay without the well but we can't go any
farther than that. I don't think it's so much a domestic supply issue as it is a fire
flow. If there was a fire. That's always the main design criteria for a water system
is a fire deterrent. I guess I'm just kind of moving to the side of caution and not
really having an exact answer for you in terms of how many homes can be built
with the water supply that's available right now.
Bird: Okay.
De Weerd: Can you provide that answer though?
Smith: Yeah. Yes.
De Weerd: At what point?
Smith: Well, we could run back through the model and see what's available
based on the flows we know are out there at the intersections of Stoddard and
Overland.
De Weerd: And, would it be better to limit the number then of building permits
than the final plat? How best do you handle that?
Smith: Well, I don't know if you approve a final plat if you can then limit the
building permits on the final plat. I don't know.
(inaudible discussion)
De Weerd: Okay.
Bird: So, Gary what I'm hearing the recommendation from public works is not to
pass this final plat on this second section until towards the end of the year when
the well is up?
Smith: Well that's what the recommendations are in your packet. If you want to
delay this for a week or two and give us a chance to run through the hydrolics
calculations and see if we can determine without the well how many lots are
serviceable. We can do that too.
Bird: Yeah, but then we get back to the thing of saying we're approving the Final
Plat and only allowing so many lots in there.
Meridian CIty Council Meeting
May 15,2001
Page 56
Smith: Well, it would be either, we've approved Bear Creek NO.1 and that's okay.
We can't approve any more than 10 more lots and Bear Creek NO.2 is more than
10 lots so we can't approve Bear Creek NO.2.
Bird: I see. Okay. I misunderstood.
Smith: I think we can utilize the computer model with the flow that we have at the
Hydrant at Overland and Stoddard as a basis to determine how many residential
units can receive water supply without well number 22 on line.
'Bird: Okay.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Reading this packet, there's also a letter in here from Idaho Power
and they question their ability to provide power to it too. So, I mean that's two
utilities, water and power that are in question for this particular project. I wouldn't
feel real good about approving this tonight.
Bird: I would have a real hard time approving this tonight.
De Weerd: We need to wait for the numbers.
(inaudible discussion)
De Weerd: So, Gary do you think you can have the numbers by June 5th?
Smith: Well, I will tentatively say yes. We're going to need to farm this out to
CH2M and have them run it through the model.
De Weerd: So, June 19th would be more feasible for you?
Smith: I'm sure that wouldn't be a problem.
De Weerd: Okay. Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I would move then that we continue this until June 15, 2001.
Bird: June 19th.
De Weerd: Or, sorry, June 19th.
Bird: Second.
(
Meridian City Council Meeting
May 15,2001
Page 57
Corrie: Okay. Motion's been made to table the Final Plat request until June 19,
2001. Any further discussion? AU in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 13.
FP 01-006 Final Plat approval of 11 building lots and 2 other lots
on 20.26 acres in an R-B zone for Murdoch Subdivision No.2 by
Howell Murdoch Development Corporation - east of Locust Grove
Road and south of Medimont Subdivision NO.2:
Corrie: Item No. 13 is Final Plat approval of 11 building lots and 2 other lots on
20.26 acres in an R-B zone for Murdoch Subdivision No.2 by Howell Murdoch.
Staff comments.
Stiles: Mr. Mayor and Council. This is for the property of which the new police
station site is a part. You have our comments and a memorandum dated May 10,
2001. We would recommend approval of the plat with all staff and agency
conditions.
Corrie: Is the developer here?
(inaudible discussion)
Schultz: Good evening Mayor and Council. Matt Schultz, 250 south Beachwood
representing the applicant. We got the same letter dated May 10th and we've
reviewed. We would ask hat we modify a couple of those Final Plat comments
slightly in your motion, please. Specifically note NO.2. We've reviewed that
comment and think that the first sentence is fine adding that signature to the
Final Plat. The city does already hold a deed to that property and it's a little
redundant to add a note to the face of the plat that states the city owns the lot.
You already have a deed for that piece of property and you are a signator on the
Final Plat. The other part was No.4. If we could just re-word that to say a letter of
credit or cash surety in the amount of 110 percent will be required for all
landscaping, pressurized irrigation, sanitary sewer and water prior to signature
on the Final Plat. Deleting the et cetera just so we've got the fine terms. Other
than that we agree with all staff comments and ask for your approval.
Corrie: Shari, do you have any problem with the change or anything in NO.2?
Smith: Mr. Mayor, Council Members. I guess the one thing that I, I don't have a
problem with striking the second sentence of that Matt. The third sentence, I think
that where we have had ownership of a subdivision such as a golf course, we've
shown on the face of the plat that the city is the owner of those certain lots. It
clarifies a little bit I believe in a lot of people's minds when the city signs off on
the plat as well as approves the plat. That on the front of the plat they can see
(
Meridian City Council Meeting
May 15,2001
Page 58
that the city owns that particular lot. That was the reason I think for that. On the
second question on item No.4 striking the et cetera is fine. I would like to add
street lights in there as being a part of that bonding amount.
Schultz: Okay.
Smith: I think that covers all of the off site improvements then and clarifies that.
Thank you.
" " Schultz: Thank you.
Corrie: You don't have any problem with that do you Matt?
Schultz: I don't. Thank you.
(inaudible discussion)
Corrie: Okay. (inaudible) I'll entertain a motion if there's no other questions.
De Weerd: I have none.
Bird: Mr. Mayor, I do have one clarification for Gary. Item 2 you said that Gary,
we could delete this second sentence?
Smith: Yes sir. That corrected legal description. The legal description I believe on
the certificate of owners is for the entire parcel as being shown as a subdivision.
Bird: Okay. Mr. Mayor with that, I'll make a motion that we approve the Final Plat.
Approval of 11 building lots and 2 other lots on 20.26 in an R-8 zone by Murdoch
Subdivision NO.2 by AI Murdoch Development Corporation east of Locust Grove
Road and south of Medimont Subdivision NO.2 with the staff comments on page
1 dated May 10, 2001, on No.2 delete sentence number two and on page two
item NO.4 delete et cetera and add in street lights and for the attorney to draw up
the proper papers.
De Weerd: Second.
Corrie: Okay. Motion's made and second to approve the Final Plat on item No.
FP 01 ~006 according to the motion. Any further discussion? Hearing none, roll
call vote Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting
May 15,2001
Page 59
Item 14.
ACDS 01-04-S/01-11..CU/01-13-0TD/01-03-ZC/01-09-PBAl01..07-
MSP lee Centers - Powder River Subdivision: Discussion of
Response Comments to Ada County for an 80.04-acre county
subdivision to include 215 single-family residential lots, 8 common
lots, 3 open-space lots and 1 well lot; a Conditional Use Permit and
Master Site Plan for a public/quasi-public use to establish a
municipal wastewater collection and treatment facility; A Parcel
Boundary Adjustment; A Zone Change from RUT (Rural-Urban
Transition) to R4 (Medium Low Density Residential);a Zone
Boundary Adjustment; and a One-Time Division, The property
contains 151.98 acres and is located on the east side of Under
Road approximately 0.5 mile south of West Victory Road, Meridian,
ID; Section 25, T3N, R1W:
Corrie: Item No. 14 is discussion of the response, comments of Ada County on
the 80.04 acre county subdivision including 215 single family residential lots and
common lots, (inaudible) lots, and well lot. Conditional use permit master site for
public/quasi-public use. Okay. Shari.
Stiles: Mr. Mayor and Council. We've received a request for comment on a
several applications that are being presented to Ada County for an urban density
development in our area of impact. They are proposing to use a lagoon system
and are also proposing to land apply the affluent to the individual lots and any
irrigated lots as part of their system. We have discussed this extensively in the
past both with Ada County Commissioners, Ada County Highway District. We
had received, at least I had received a request to meet with the applicant on a
couple of occasions which I did not honor because there was really nothing they
could do with this development that would make it acceptable to the City of
Meridian. What they are proposing to do with the first phase is annex all of this
area approximately 160 acres, around 151 acres actually. They're only proposing
their development on, approximately this portion of the property. The lagoon
system they're propOSing here. The well would be less than 500 feet from the
lagoon system itself. They are not contiguous with any urbanized development at
this point. When they first came up with some concept they had met with the
neighbors on Kentucky Ridge. We immediately got a lot of phone calls, people
wanting to know what we were doing and why we were allowing something like
this. We let them know that no, we were not the ones that were permitting this
type of development in our area of impact and that it was an Ada County
proposal. This brings many issues to the fore as far as these existing
subdivisions. This is the Meridian Heights subdivision that was developed some
time ago. It utilizes an existing lagoon system. Then Kentucky Ridge Estates
came in and they're also utilizing that system. I believe that they use this and I'm
not sure where they do their land application. It is not within the subdivision. It's
not part of, the residential lots are not irrigated with affluent in these
developments. The proposal the applicant has made is for 215 single-family
homes on I believe it's on 80 acres or roughly 80 acres. The treatment plant that
Meridian City Council Meetinl:,
May 15,2001
Page 61
are and if sewer districts are to be put in place for all these different
developments it will be such a hodge-podge of separate jurisdictions that pretty
soon it will be hard for anyone to determine where they are or who they need to
deal with on any given day. We are wanting to prepare a letter for the Ada
County Planning and Zoning Commission for the Mayor's signature or if not just
the Mayor, the Mayor and the entire City Council opposing the project. When we
entered into our area of impact agreement with the Ada County Commissioners,
they indicated we had a 1 O~year time frame in which to provide those services
and that they would review our provision of services after 5 years to see how we
were progressing. That 5 years will not be up until the end of 2002. We feel
. we've made great strides in providing services within the area and we feel it is
because it is within our area of impact, we have the not only the responsibility for
planning the area and for the ultimate build out of the area that we should have
some say in the timing of that development. That's exactly what an area of
impact is for. Were this to be provided in some other area outside of an area of
impactt I mean it's not a particularly bad development. It doesn't incorporate any
of the smart growth scenarios that we're trying to incorporate in our
Comprehensive Plan and other things that the Treasure Valley Futures, Treasure
Valley Partnership and Idaho Smart Growth have been working so diligently
toward for several years now. There is no plan what so ever that has been
presented or submitted for this area. They are just simply asking for annexation
without a plan. Our fear is that we will have to one day inherit this area and we
don't really feel that it's a question if the packaged treatment plant will fail, it's
when. Without some type of an establishment of a pretty hefty sinking fund for
total replacement of that facility as well as providing all the other services that are
needed for an urban development such as parks and fire stations, police, trucks
and equipment, we certainly can't support this development. If you would like us
to prepare a letter, I know that Brad has been working on trying to get something
together. He's, it's taken up a great deal of all of our times. I couldn't tell you how
many hours have been spent on just the nightmare we feel will be created by
having these developments approved. It's very devastating to think that we have
gone to all this work and all this expense to plan facilities and to have the
prospect of our, basically the entire area of impact eaten up through County
developments and all we would have left is the onclaves for in fill development to
plan and to provide services for. I'll turn it over to the public works department
and I might have a couple more things to say at the end.
Smith: Mr. Mayor and Council. Brad Watson, our City Engineer has done an
awful lot of research on particularly the wastewater treatment side of
developments outside the city boundaries that are not connecting to city system.
There's also a requirement from DEQ through the drinking water rules and
regulations that any development exceeding 25 connections have 2 sources of
supply for drinking water. Thatts just a redundancy issue. In case one of them
experiences problems there's a back up system available. I think I'll let Brad
outline the high points of his concerns in his research that he's done concerning
the wastewater treatment for these developments in our area of impact.
)
Meridian City Council Meeting
May 15,2001
Page 62
Watson: Mr. Mayor and Council. I think you received a copy of a letter I drafted
and sent to DEQ several weeks ago, Gary and I drafted. It outlined quite a few of
the concerns we had as far as their requirements related to this project. We're in
the process of drafting another letter, either for your signature or for ours, to
submit to the Ada County Commissioners. It highlights a lot of those points that
were in that letter to DEQ. So, I'm not going to go over all of those again tonight.
The main point that we would like to emphasize is that public works has spent at
least a quarter of a million dollars throughout the impact area to plan both water
and sewer facilities. The approval of one single subdivision such as this on the
boundary of the impact area doesn't pose a huge financial cost to us. It's the
. prospect of all the people that are upstream on the sewer. In this case it's not a
huge quantity of land. I think it's in the neighborhood of 100 or 148 acres. If this
system goes in, they basically, for lack of a better term, land lock those people
upstream from ever having city sewer. OUf concern is that those people come in
and see our master planning document think that some day city sewer will be
there and it's not unless we take this over somehow it works elevation wise. We
don't know. We don't get a chance to review this, the actual engineering
drawings. We don't know if it'll work. I'm not contradicting what Shari said, just
clarifying our fear is not of a technical failure of the treatment system. I am
somewhat familiar with the technology that they're proposing and it's very good.
If it's properly operated, maintained and funded, it will work in theory. I don't
know the particulars of this manufacture of this system. Large scale plans such
as the one in Hailey uses the same technology and it works very well. The fear is
that financially the system won't work. We don't have an operation, maintenance
plan. We don't have a financial plan to know if there is a sinking fund established
like a city has. If there will be connection fees that establish this fund for normal
repair or replacement. OUf fear is that 10 to 15 years down the road when the
developer is no longer there, the residents will be on the hook. If it becomes
financially unrealistic to continue that system, they're going to come to us and
somehow we'll have to recover some cost from them. So, they'll be paying for
their system twice. That's my fear of the system. The only other thing that I might
add that wasn't in the DEQ letter is that the wastewater manufacturer did send
me their information booklet. Perhaps they just didn't include it but I can't find any
installed systems, any references that are of the magnitude of this. I don't know
how long these guys has been around, how long they've been doing it. They only
list, I think 4 or 5 projects in Idaho and Montana combined. I just don't have a lot
to go on. The largest project that they do use as a reference is 123 units I
believe. I guess my final comment.would just be that again this single project in
and of itself is not immensely scary, it's what happens with all of these within our
impact area. I know we're not talking about the projects in the north area of our
impact area but I don't know where the line is drawn as far as the impacts that
these projects would make. Maybe this one only effects 100, 148 acres
upstream. Another project effects 1300 acres upstream. I don't know where the
line is drawn as far as Council is concerned. In our opinion it effects anything
upstream. Itl' gone from our master planning effort and the camp plan would
Meridian City Council Meeting
May 15,2001
Page 63
need to be modified. The impact area would need to be modified. Our master
plan would be modified.
***End Of Side Four*'**
Watson: Do you have any questions?
Corrie: Comments, Council, questions?
. Bird: I have none, Mayor.
Corrie: Okay. Have they seen that draft yet, Counsel?
Watson: Mr. Mayor, mine?
Corrie: Yes.
Watson: No. I printed out a draft before I left the office tonight and gave it to
Gary. Irs taken a while. It will be done within the next couple days.
Corrie: Okay.
De Weerd: Are you going to ask the (inaudible) for the (inaudible)?
Corrie: (inaudible)
(inaudible discussion)
Corrie: Mr. Nichols, this was a discussion and response they made to the Ada
County Commissioners, I guess my question would be to you and the Council if
they wanted to hear anything that the development has to say. I think we're all
pretty convinced the way we're going to go on this. My question would be if
Council wants to hear anymore, I mean it's not a public hearing. I certainly will
not say we don't need to hear anymore but that would be up to the Council's
pleasure.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I don't mind hearing from the applicant but I don't want no hour-long deal. I
mean if they want to come up and give us a little resume for 5 minutes I don't
have no problem with that. I'm not here to have no full-blown public hearing out
of the thing.
Corrie: Well, Steve, can you do it in 5 minutes?
Meridian City Council Meeting
May 15,2001
Page 64
Bradberry: You bet.
Corrie: I knew you could do it.
Bradberry: Mr. Mayor, Members of the Council. My name is Steve Bradberry. I'll
try no to knock over your podium. Representing the applicant. Mr. Centers is also
here and he may want to talk to you as well because he knows a whole heck of a
lot more about this stuff than I do, or about this project. I guess I'm struck by a
. . . couple of things. Number one, I think the question that ought to be asked and
, . answered tonight is whether this proposal meets existing law. That is does it
meet the requirements of the Comprehensive Plan and the applicable
ordinances. That's the question that ought to be asked and I don't think it ever
was. I don't think it was ever answered. The other thing that strikes me is that
we've heard a lot of fears expressed by the staff. Fears about how this system
will work or won't work and whether or not we can connect this and not connect
this. You know the unfortunate thing is the applicant asked to meet with staff so
that they could make an attempt to address some of those fears and the staff
refused. You know 1 think that's really too bad. I think it's a shame because now
you folks don't get the benefit of the information that might otherwise have been
made available to you. I don't think that's fair to you and I don't think it's fair to
the applicant. Having said that, first of all, it seems to me one of the big issues
that concerned to the city is this connection to the sewer system. This is not a
sewer lagoon system like what, like Shari's trying, the picture she's trying to draw
on your mind. This is the water that comes out of the back end of this thing meets
drinking water standards. You can drink this water. It meets the requirements of-
I know it seems kind of weird to say it - but it meets those standards. It is within
the jurisdiction of DEQ, Department of Environmental Quality, either it meets
those standards or it doesn't. If it meets the standards it complies with applicable
law. If it doesn't meet the standard it doesn't and it wouldn't get built. I guess I'm
a little bit concerned with the characterizations that have been made tonight
about how this system would work. Secondly l the applicant has said repeatedly,
attempted to say and to express to you repeatedly that he will do whatever he
can to set this thing up to create it so that it can be ultimately connected into city
sewer. If it means that we need to do some design work in conjunction with the
city staff, the applicant's willing to do that. The City staff hasn't so far been
indicating any willingness to try to work on that. Second same with the water. The
applicant has indicated that he's perfectly happy to have this thing designed so
that it can one day be connected to the city water system and do whatever legal
requirements maybe necessary if and I think probably when, annexed into the
City of Meridian it can be connected into the city water system. Once again the
applicant hasn't been given an opportunity to try to address those issues. Instead
he's just been turned away. What I don't think also has been pointed out to you is
that the applicant's holdings include the land, which is immediately adjacent to an
urban density subdivision Kentucky Ridge. Ultimately that property will be
developed to as a part of the overall master plan. It happens that they're starting
Meridian City Council Meeting
May 15,2001
Page 65
on the south end of the project. I suppose it could just as easily been started on
the north end and move south. But, as it turns out it's going the other way. The
long-term plan is to develop the entire area so that it is adjacent to urban
densities. Heck, you can see on the drawing right there in front of you, it's not
that far from other urban density subdivisions. I guess lastly, I'm also hearing
concerns about the city's concern about being able to service this subdivision
with I guess the full gamut of municipal services, police, fire, sewer, water,
whatever all it is. I guess my reaction to that is if the city is truly saying we can't
serve this project, which is what maybe half a mile from a project, the Bear Creek
Project, I seriously question whether or not the city can suggest that it can't
. service this, it can service the Bear Creek project or any other project that may
come in front of you. If your fire protection is inadequate for this project it seems
to me, in order for you to be consistent you have to take the position that your fire
protection services are inadequate for any project in the City of Meridian. The
same thing with police. In other words, I guess I'm saying to you, it seems to me
you've got to be consistent. If you in general can't provide service to this then
how is it you can provide it to something else and not this? I'm not sure that that
question has been adequately answered. I've probably gone five minutes or
more. I'm happy to answer any of your questions you have. Mr. Centers may
want to say a word or two as well. I don't know.
Corrie: Steve.
Bradberry: Yes sir?
Corrie: With all due respect, you're an attorney-
Bradberry: You bet.
Corrie: -- representing your client -
Bradberry: That's right.
Corrie: -- we're here to listen to both sides. However when you say that we can't
service that, we can but not now. I think we have to depend upon our engineers
and their expertise in that part. We have other factors that's involved. ACHD plus
the fire police and what have you. I don't think it was ever mentioned that we
couldn't do this but there's a time frame that we're planning on doing these
things. We're running into the same problem in the north part of the city as we
we're running into on the south part. Now whether, and I don't think our own
engineers has said that the system, sewer system is good and it's capable of
doing that. I haven't seen anything to the contrary other than the size is different.
I don't know. I'm not an engineer. So, I think what the Council has done is in the
area of impact, we've stated to the County Commissioners we can do this area
that we've mapped out in a 10 year period. All we're asking the County is let us
prove it. I think that's only fair to the developers to know what we can do in 10
Meridian City Council Meeting
May 15,2001
Page 66
years and we'll get there in 10 years. But the developers don't want to wait. I
think thafs okay. Thafs a position of monetary questions there but I think what
we're up against is we've asked the county to do something, they said okay we'll
do it. Now developers are asking us to do something else on a faster track.
That's the way I understand it. I think there are some questions of subdivisions
and I think they're not answered here. Whether they can be answered in 2 years,
I don't know. But within the 10 year period I think we will have it down (inaudible).
Bradberry: I understand the position that you're taking. Trust me on this, I
understand the difficulties that you all face on a day to day basis. There are
. ,always difficult issues and undoubtedly here's one of them. I understand this
property's been in the impact area since 1993. So, we're 8 years. I've also gotten
the idea that sewer's not likely to get out there even in the next 10. I also
understand that ifs planned, as you put it. There's plans that show a trunk line
going right to this property. I guess what I'm saying is that's fine, I understand
that and the developer, the owner of the property understands that. I want to
make it clear that it's not a non-owner developer that we're talking about. It's a
landowner that we're talking about who is prepared to put the infrastructure in
place now to be connected in, to be designed to be compatible with the' city
system and to ultimately be connected to the city system when the city is out
there. So, I don't think that these are incompatible ideas. I don't think that the
developer's asking the city to do anything other than not to say flat out no and
there's nothing you can do that'll ever make this thing right. It just seems
unreasonable not to at least attempt to find a solution to some of these problems.
For better or worse that's the message that's been delivered to the landowner
here.
Corrie: This is a City Council matter so I'll let the Council -
Bradberry: Right. I understand.
Corrie: I've done my part. Council, any questions?
Bird: I have no questions.
Corrie: Discussions?
De Weerd: Mr. Mayor.
Corrie: Mrs. De Weerd.
De Weerd: I guess ifs an issue of economics for both parties. One you have a
time frame that you try to appropriately service all the areas in your area of
impact and the need for a plan and start prioritizing that. We have been trying to
do that. In attempting to be able to service that plan you prioritize your growth in
certain areas so that as you're planning all your services, it makes it
Meridian City Council Meeting
May 15,2001
Page 67
economically feasible for the city but also for the landowner. I agree that a time
frame is necessary and our staff is working on trying to do that. We now know
after going through the white trunk, some of the hurdles and obstacles that are
put there and building into that plan how to get through those obstacles as well
has to become a part of it. So that all of our landowners know how we're
planning, where we need to focus our priorities and our services. That's all a
huge part of it. We don't know the life span of these. We don't get impact. We
don't get staff time dedicated to inspections. Looking at all those things, we're not
recouping any of that so we can ask our staff to spend 80 percent of their time
which they're paid on a break even, they're self-supporting basis. 80 percent of
"their time on County projects and who suffers? It's our citizens that suffer
because they're then not being able to spend their time on that and they're not
getting reimbursed for it. Then you have the next obstacle is once you grow out
to that and you annex it in. Are those people going to see any benefit of annexing
into a city when they already have all of the services? You know, you're creating
Uttle communities outside of a city and is that good planning? I think good
planning on our behalf is trying to prioritize growth areas, make sure it's going to
be appropriately serviced when it's annexed in and that is what we owe not only
to the citizens we'd be adding to our city but it is also what we owe to the citizens
that are currently living in our city. That's my opinion. However you want to take
that. You know that's my idea of what planning is all about. We're committed to
our area of impact and our staff has been trying to plan accordingly to that. That's
why we actually came up with growth priority areas because there is absolutely
no way that we can grow in all areas of our town without suffering the services to
the citizens that currently live in the community. It is an economic basis. It really
is. It's economic for both of us. You know it's an economic hardship to a certain
degree growing out of a logical way.
Bradberry: Everybody pays a little bit of the price of growth. I understand that.
We all do, no matter where you are. Anybody living in this valley has paid a price
of one form or another for the growth. There are arguments that you made that
growth is great and that growth is awful and a whole bunch of arguments in
between. I understand all that. I'm curious about one thing though if I may ask.
The growth priority areas, is that something that you're working on in the new
proposed Comprehensive Plan? Because I'm not famitiar with that concept in the
existing camp plan, as a part of the existing camp plan.
De Weerd: Our growth priority areas are following the development of our sewer
and water.
Bradberry: Oh, through the sewer?
Bird: It's through the sewer.
Bradberry: Okay. I see. Okay. I understand. The reason I'm questioning that is
because, as the Mayor points out, I'm a lawyer I think in legal terms. I think about
Meridian City Council Meeting
May 15,2001
Page 68
legal concepts and I want to come back to the notion that the area of impact is
set. It has been in place for a number of years. There are certain, I guess if not
rights then at least expectancies that arise out of the existence of an area of
impact. That is that this is an area that will grow, where growth is expected to
occur. The landowners in the area of impact and those who acquire land in an
area of impact acquire those expectancies. To the extent that you're dissatisfied
with the existing plan, the way it exists today, I understand that too. As a lawyer, I
think sorry, you can change your plan and then from that day forward it's in effect
but not from the time you don't like your plan, back. The law that is in effect, the
plans and the ordinances that are in effect in today are the ones that this
, ',landowner is entitled to his application judged by. That's where I started out
talking about and I guess that's where I want to come back to in the end. I think
we need to be focusing on does it comply with existing law? I think that's the
question that you can bet that if I appear before the County Commissioners,
that's the question I'm going to be posing to them. The same rhetorical question
I'm posing to you. With the argument, of course, that it does. It seems to me that
it might be better for the city to find a way to work with the applicant because you
might find that, I'm fairly confident, you'll find that he's pretty easy to get along
with. I think you might find that there may be ways that you can make this thing
work for you.
Anderson: I wanted to comment, Steve. I think that's one of the problems I see
with comp plans and we have this area of city impact but there's nothing really
defined in a camp plan that spells out time frames. I mean it's like you've done all
this planning for this area of impact but when are all those things, you know
what's the sequencing of that?
Bradberry: Right.
Anderson: I don't think that it's a matter that we just absolutely don't want to
listen to Mr. Centers. I mean, we have looked at these packaged treatment plants
and believe me, if we thought there was anyway that we could make those fit into
our growth cycle, we wouldn't be opposed to it. We just don't see how that fits in
with the planning that we've done so far and how it would tie in with our current
systems. That's the dilemma we're in. We're not trying to buck development;
we're just trying to make it occur orderly.
Bradberry: Sure. Everybody wants to try to make it efficient and I certainly
understand that. Well, if there's more information that you need, if you feelUke
you don't have the information from which you guys can make a good
recommendation, a thoughtful recommendation to the County Commissioners, by
all means please ask for it. Because I know that the applicant would be more
than happy to provide it to you and if it means setting it aside for, you know this
things suppose to go to a hearing at the Planning and Zoning Commission in the
county May 24th. If it means setting it aside for another couple of weeks so that
Meridian City Council Meeting
May 15,2001
Page 69
you can come up with some questions, some information you'd like to receive or
to further consider it, well let's do it. I'd just as soon have you guys feel like you're
making a wise decision as opposed to just one that, you know, no offense, a
knee jerk reaction. I'm a full believer in having people getting as much
information as they feel like they need in order to make a good decision. I'm just
not sure you got it. I've got the feeling that maybe you don't have everything that
maybe you ought to have. Could I tell you exactly what it is? I don't know but
sitting in the back of the room there, I sure got that feeling as I was listening to
the staffs presentation.
"Anderson: I do have a couple of questions of Mr. Centers.
Corrie: Sure.
Bradberry: I'll get out of the way.
Anderson: about this [package treatment plant.
Bradberry: Anybody else want -
Bird: I have none.
Bradberry: Okay. All right.
Centers: Lee Centers. 325 Meridian Street. We got this on short notice that it was
going to go to Council tonight. Joe Canning, the engineer and Shawn Nichols,
the planner both have other plans. So, we're not as prepared as we'd like to be.
Anderson: I just have a few questions about these packaged treatment plants
that maybe you could help educate me a little bit. On these plants, do they all,
when you put it in for a subdivision do you put all your sewer lines in to gravity to
a low point or is some of that pumped or anything like that?
Centers: Let me get a plan all set there. It'll be easier-
Anderson: Okay.
Bird: If we turn that light off.
(inaudible discussion)
Stiles: Can you turn it the other way too please?
(inaudible discussion)
Stiles: Yeah. Just shut off that power.
Meridian City Council Meeting
May 15,2001
Page 70
(inaudible discussion)
Stiles: Or move it.
(inaudible discussion)
Bird: Yeah, there it did.
Centers: Can you hear me if I talk -
Bird: No. Grab this microphone.
Centers: It's not a lagoon. This is a holding area for the water after the treatment
that would be pressurized - can you hear? It'll be pressurized to go back up and
do all the lawns and the open space. JUB's master plan shows the Black Cat
coming right down Under and connections on the piece that lawn right next
door. So, we're not just guessing where the trunk line will be. It does meet that
plan. All this will be designed just like a city subdivision. All the stub roads will
have water and sewer connections at the end of them. We're not blocking
anybody upstream. We are contiguous to a County R-4 sub, which is Kentucky
Ridge. That's exactly what we're asking for with the county. We're not asking to
be annexed. We're not asking to go into the city limits, although we would if you'd
annex Kentucky Ridge, we'd be contiguous to them. We'll have two city wells. I
talked to Gary about it. I believe he said that you know when the time comes he'd
like to loop these because he doesn't have enough water pressure out there. It
meets the ACHD's layout. We haven't had nay problems there. There's a linear
path that goes all the way from Under, that goes up through, will go to the end of
the property line for open space, parks. What was your specific question?
Anderson: My question was, do you lay the lines to grade so they gravity feed to
the low point?
Centers: They will all gravity feed down to the master sewer plan that JUS has
provided.
Bird: Where is the master sewer plan (inaudible)? Where would be the incoming?
Centers: It comes right up Under right here.
Bird: No, no, no. I mean in your stuff right there? Where would be the in flowing?
(inaudible) You tell me those lagoons are there but-
Centers: Okay. This is the well lot. This right here would be where the treatment
plant would be.
Meridian City Council Meeting
May 15,2001
Page 71
Anderson: So, that's your low spot in your system? Everything's going to drain
to there?
Centers: Yes.
Anderson: Okay. How do you determine what size lines you're going to lay in
the subdivision?
Centers: That would be you know the engineers decision on that. Gary knows,
we're going to work them. If we get this approved whether Council approves us
'or not, if we get it approved, I'll be back to Gary to decide finally where the well
lot will go, what the city specs are going to be, what the sewer lines, the size of
them. I mean, we want this to work. We don't want to block anybody.
Anderson: My other question is, we run a waste treatment plant and every year
we invest hundreds of thousands of dollars in upgrades and replacement of worn
out parts and things like that. Where does the money come for up keep on your
system?
Centers: You know what, I don't feel qualified to answer that but there's places
like Harris Ranch, or not Harris but Hidden Springs, there's other places that are
doing the same thing. They have homeowner's dues and so on. You know that's
something that would be established in the CC&Rs. Joe Canning is the one that
would know all that. Unfortunately he's not here tonight.
Anderson: Then, maybe you can't answer this question, but eventually if the city
does get their sewer line out there or when it gets it out there and you're hooked
up to this, what happens with those common areas that are being used for ponds
and lagoons right now? Do those, those are the homeowner's? Who's going to
be responsible for cleaning those up? I doubt DEQ is just going to let you let an
empty pond sit there that holds sewage.
Centers: Yeah. But keep in mind, those are not sewage lagoons. However this
system works, it's electronic where it breaks all this stuff down before it ever ~~.
That water that goes in there does meet the 1993 drinking standards. It would be
left as open space.
Anderson: How about these underground tanks and stuff like that you're talking
about?
Centers: Let me clarify this, this won't ever go away because some of the
package treatment water would go into these reselVoirs but that is not enough.
You know these parcels have irrigation water and they need that irrigation water.
These are holding ponds to pressurize it to go back up and to water their yards.
Meridian City Council Meeting
May 15,2001
Page 72
Bird: What you're just saying is those are not, you're going to have a digester
system within this treatment plant so you'll have no lagoons at all with any waste
in it?
Centers: No.
Bird: It'll be potable water when it comes, both those lagoons will have potable
water?
Centers: That's right. This system, there's like a 20 by 30 building and it has
,power and whatever else it does and the rest of it is below ground. There is a
guy, his name's Ray Shackelford that would be glad to explain that. That's what
we're going to do -
Bird: How many houses are we going to serve in there?
Centers: This phase here I think is 215.
Bird: And what is the total that that sewer system is going to handle?
Centers: It's designed to handle up to 400.
Bird: 400 homes? And who will do the maintenance on it?
Centers: Ray Shackelford, it's called Quality Water, and United Water does the
same thing, it could be either one of them. Before we were to let that I would offer
it to the city of Meridian. This works as well, if not better than what you guys are
trying to do out there on Ten Mile. This is, a per lot basis, this is probably
cheaper than what you guys do. You have to dispose of your effluent and we can
direct inject it back, it's so clean, DEQ will let you do direct injection back into the
aquifer or you can land apply it either way. Make the decision that you're going to
make but you do need to know the facts about it. This is a R-4 county sub. IT
meets the ordinances. It meets the camp plan. It meets Meridian's
Comprehensive Plan. I did hear that we're in the urban service area, we're also
in the impact area. I heard the Mayor say that you know they have plans to sewer
this, just hold on. Staff has told me, and I'd like to hear Gary's comment or
Shari's, they plan to pull us out of the urban service area. So, there's two things
going on, they're going to get to us soon, I think is what the Mayor was saying.
The other I'm hearing is we're going backwards.
Corrie: Gary, do you want to answer that or do you want me to? One of the
things I said was that we're going to have the sewer out there. I didn't say that it
was going to happen right now. I think, one of the things that I'm still concerned
about is when we have the sewer line out there connected to that, are these
people going to pay for that connection fee to the city, pay the city for all that?
Meridian City Council Meeting
May 15,2001
Page 73
Centers: Gary and I have talked about trunk expansion, what did we call it, fund.
Smith: Well, it was a trunk expansion fee.
Bird: Fee.
Smith: System development fee.
Centers: Okay.
"Smith: To finance the Black Cat trunk. I mean that's what all the property in the
Black Cat drainage is going to be subjected to.
Centers: And if there were enough of these in place, would that help speed up
the Black Cat?
Smith: This is the only one that's being proposed in the Black Cat at this point. I
mean, we've got, to construct the Black Cat trunk along with the lift station is a $9
million project. That's the size of the project to get the Black Cat trunk
constructed with the lift station.
Centers: What's the projection on that?
Smith: I don't have a projection on it.
Centers: Would you say it was 10 plus years?
Smith: I don't have a projection on it. Right now our efforts that we're trying to
direct toward growth in the City of Meridian is the north side of town. The white
drain, the extension of the south slough, and the area to the southeast at
Overland and Eagle Road. There's development pressures for property north of
McMillan Road as you know between Ten Mile and Locust Grove. Two square
miles there that will follow suit with this project. There's no doubt in my mind that
that will happen.
Centers: Well, the county said that they are going to look at each individually.
Smith: Well, I understand that but the precedent would be set. I mean it's that
simple and things will move forward from this point, that same thing. I don't
enough about the package treatment plant to say that it's putting out drinkable
water. I know what the claims are. I don't know what the testing results are so I
can't either agree or dispute that claim. The engineering in terms of being able to
connect this to a future trunk line, because of it's elevation I doubt would be a
serious problem in determining some kind of elevation for the gravity sewer line
that would eventually discontinue the use of this package plant.
Meridian City Council Meeting
May 15,2001
Page 74
Centers: You said you do or you don't?
Smith: I don't think it would be a problem because of the ground elevation of
this project in relation to the elevation of the Black Cat Trunk as it comes up
Purdem Gulch.
Centers: What we would propose is to put our trunk line in the right-of-way so
that it would be easily hooked up with the development agreement.
Smith: Sure.
Centers: I don't know what the other -
Smith: We've got treatment costs at the wastewater plant that somebody's
going to have to pay for. Right now, we're charging $1580 for each residential lot
to connect for treatment to the wastewater plant. That doesn't include the cost of
collection lines. That's treatment cost. So, somebody's going to have to pay
$1580 per lot today. I mean that's the cost today for each lot that's developed
that connects to the city system.
Centers: But. Isn't that typical in any city when they annex ground as they
expand out, those people are on septic tanks. They run the sewer down the
street. When they either sell the home or they have a septic problem that's when
the city makes them hook up to the sewer?
Smith: That's right.
Centers: I mean this isn't unique. This is done in every city.
Smith: Right.
Bird: But the problem is Lee-
Smith: These people have paid for a system connection when you develop of
$3200 a lot or whatever the number is that buys the treatment system. I don't
know what's the cost per lot for your treatment system.
Centers: So, they've paid that connection fee so to speak. They could care less
about connecting to the City of Meridian for treatment. Why should they do that?
They've already got an on site system?
Centers: But all outlying areas that get annexed in are faced with the same thing
if they're already existing.
Smith: We haven't gone through that process yet.
(
Meridian City Council Meeting
May 15,2001
Page 75
Bird: I don't think there's very many of these.
Anderson: That's one of the things that got everybody up in arms in Boise is
because Boise had extended those sewer lines and told them when you hook up
to that, you'll be annexed, at some point you're going to be annexed. But
people's memories get real fuzzy and then when they had to pay those
connection fees years later, like Gary said, when they buy these lots from you,
they feel like they've paid it once they shouldn't ever have to pay it again. Then if
you hit them 15 or 20 years down the road with another connection fee to hook to
the city system, they're upset.
Bird: (inaudible)
Centers: Wouldn't anybody be upset if they're getting annexed in. It's the higher
taxes. I don't think anybody wants to pay that.
Bird: That's not right in Meridian.
Anderson: Even at the, higher taxes is one thing to swallow if your taxes go up
4 or 5 hundred dollars a year but I mean when you get hit with a several
thousand dollar connection bill. That just about blows them over. Some people
are having to take out second mortgages on their home and everything else to
pay that. I mean it's a large number.
Centers: That's right.
De Weerd: But you raise an interesting question. You know why would people
want to do that. So, that's exactly why we would like to grow in a logical manner
from the inside out. So that you're not giving false impressions to the people who
will eventually be your citizens in your area of impact.
Centers: Now, Tammy, I am next door to an R-4 urban density subdivision-
De Weerd: Which we didn't approve.
Centers: -- Mayor Corrie and Gary Smith both signed that plat.
Corrie: Which plat?
Centers: Kentucky Ridge.
Corrie: I never signed anything.
Centers: Gary, remember when I showed you those signatures on that plat?
Smith: I recall signing that plat after the City Council approved it.
Meridian City Council Meeting
May 15,2001
Page 76
(inaudible discussion)
Smith: It was a vote before the four Council people.
(inaudible discussion)
Corrie: I don't remember ever signing a plat.
Smith: No, you haven't Mayor.
Centers: Then who signed it beside you?
Smith: I think Will signed it as the City Clerk. I 'm not sure of that.
Centers: Excuse me.
(inaudible discussion)
Corrie: There goes your job security.
Berg: That one in black and white that we were told to right?
Smith: Yes we were. It wasn't this Council though but it was directed.
Centers: In answer to your question I think that can be handled in the CC&Rs. I
think you simply state when the time comes you will be annexed into the city and
everyone would understand that.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Centers you haven't been at the legislature with the citizens for
annexation reform like I have and some of those people in their CC&Rs or had in
connection with their Boise City sewer that they were getting or if not them the
previous owner that sold to them had previously agreed to be annexed. That
didn't stop those people from being upset about annexation and the issue they
raise are exactly the things that Council is raising here. Connection fees,
increased taxes, difference In regulation with regard to things as simple as how
many kids in a day care faCility per adult worker. You know there was one, I
mean so, when you look at. It's not a simple thing to say it's in this agreement
and therefore that's going to be binding. One of the bills in front of the legislature
this last year would basically throw that all out the window. It didn't make any
difference if there was an agreement or not. That's one of the things that the
Council is having to take into account is this issue of annexation. If the legislature
Meridian City Council Meeting
May 15,2001
Page 77
would leave it alone, If Boise city had required annexation somehow before they
ran sewer out into west Boise to take care of those folks, we wouldn't have had
that problem. But it's a problem that this city has to deal. They have not force
annexed anybody yet. Because of some of those things that are happening in the
legislature, if that bill floats up, this city may have to annex its onclaves and get it
done quickly or it'll never get them in. The city of Nampa's got 200 onclaves.
There are just a variety of issues that it's one thing to say we'll put it in the
CC&Rs but for crying out loud how many people don't read them and don't go by
them, you know? With all due respect Mr. Centers, that sounds nice but in
practical reality may not work. Mr. Mayor.
Corrie: Yes.
Nichols: I have a question for Brad I guess. Brad, the proposed Black Cat trunk,
does it go through this 80 acre parcel?
Watson: Mr. Mayor, Council, and Mr. Nichols. The Black Cat proper I guess you
would call it doesn't go through this. It's a branch that comes off of the Black Cat
Trunk and runs down over the hill.
Nichols: Is there a branch then in that master plan that goes through this
parcel?
Watson: There is a 10-inch, the colors are so close~ it's 10 or 12. They're both
shades of blue that run diagonally through this.
Nichols: Okay. How many acres in the area of impact are upstream from the-
Watson: I have that figure somewhere else. It seems to me it was 100 to 140
upstream of this development.
Nichols: Okay.
(inaudible discussion)
Bird: Mr. Mayor.
Corrie: Yes Mr. Bird.
Bird: Seeing as this isn't a public hearing I think that both Steve and Lee have
done a good job of answering some questions for me. I think we need to get on
with the business at hand and make our decision and do what we need to do.
Corrie: Okay.
Bird: If the other Councilmen agree to that. Thanks very much Lee.
Meridian City Council Meeting
May 15,2001
Page 78
Corrie: Okay. Thanks Lee and Steve.
Item 15.
Water, Sewer, Trash Delinquencies:
Corrie: I guess the final item is the delinquency turn off list. I think Gary had a
comment. Let me read --
Bird: Mr. Mayor.
. Corrie: -- Gary and then you can make your comment on turn off time.
Delinquency turn off schedule for 5-16-01. This is to inform you in writing if you
choose to have the right to a predetermined hearing 7:30 PM Tuesday May the
15th before the Mayor and City Council to appear in person to be judged in the
facts to defend a claim made with the city that your water, sewer and trash bill is
delinquent. You may retain counsel. The service will be discontinued on May the
16th or 1ih unless payment is received in full. Is there anyone present who
wishes to contest his or her water, sewer and trash delinquency? You are hereby
informed that you may appeal and have the decision of the city reviewed by the
fourth judicial court pursuant to Idaho State code even though you appeal your
water will be shut off. The turn off amount list is $26,168.99. I believe Gary had a
request with the Council. Gary do you want -
Smith: Thank you Mr. Mayor. The water department would request that May
23rd also be designated as a turn off day because of the number of turn offs they
won't be able to accomplish all of those in one day.
Bird: The 16th and the 23rd, Gary?
Smith: 16th and the 23rd, yes please.
Bird: Mr. Mayor, if I may.
Corrie: Yes.
Bird: Gary, I see, how do we get some of these bills so far behind? I mean we're
not talking about little dollars.
Smith: Are they businesses or residential?
Bird: There's some businesses too but there are some individuals.
Smith: I can't answer the question on the residential units. I know on the
commercial units, there's a time like period from when the bills are submitted and
when corporate has issued payment.
Meridian City Council Meetrng
May 15,2001
Page 79
Bird: This is existing businesses. It's been in business for years, some of them.
Smith: Okay. It's not a corporate-
Bird: It's not the brand new building
Smith: Pardon me?
Bird: It's not a brand new building some of it. You know it's just like we let the
speedway into $8,000 and of course I know that a lot of that was during the
"month that they didn't even run the speedway so I don't know what happened
there.
Smith: But see, they gave us a NSF check.
Bird: Yeah, but for aIl8,OOO? It wasn't that much.
Smith: No. It wasn't that much, no. I don't remember the number on the check,
the dollar amount but there was a considerable amount of it that was non-
sufficient fund check.
***End Of Side Five***
Smith: I don't have the list in front of me Councilman Bird so I can't, I couldn't
respond anyway. I can find out.
Bird: Gary, I don't understand our billing in that department anyway. I just don't I
mean their water bills are hard to read.
Smith: The bill itself?
Bird: Yeah. That's my opinion.
Smith: Well, we tried to pattern hat bill after some other cities that have used it.
There's been a considerable change to that bill from what it used to be, not only
the size of it and the amount of material that's on it but, I think we've got even a
return envelope now for the residents to utilize.
(inaudible discussion)
Smith: If you've got some suggestions on that Councilman Bird, I'd be happy to
certainly entertain those.
Bird: Oh, (inaUdible) I just, I mean we've got people here that are you know,
evidently we haven't turned their water off and they're still delinquent, three
months, four months delinquent.
Merk:lian City Council Meeting
May 15,2001
Page 80
Smith: Can I get together with you tomorrow and take a look at them and I'll get
some answers?
Bird: Sure, Gary. I'd be glad to. I'll give you a call tomorrow.
Smith: Okay. I'd be happy to do that. I'm sorry I don't have any answers for you
tonight.
Bird: No. I understand that. That's just something that has really been and I don't
'want to come down hard on people or anything but it's just, there's a lot of money
out there. If we're running this thing through and say we're going to turn off and
then we're not turning off, and we're letting these people build up big ones and
they take out bankruptcy on us, I guess you know. That's all delinquent. Look at
that. I thought Kenny kept up with that crap. I blame you. If they took out
bankruptcy.
Smith: If they're delinquent they're supposed to be turned off and if they're not
getting turned off I can't answer your question. I don't know why. We've tried, I
know last month we tried to on some of the commercial businesses to give them
a call and let them know they were on the turn off list and we were greeted with
some real animosity from the people stating that they were not on the turn off list,
that they were going to pay their bill and that it took longer to pay it because it
was a corporation than what it would if it was a resident for example. So, the staff
here took a little bit of abuse over the telephone for calling and trying to alert
them that they were on the turn off list. So, we're trying to make some
arrangements to delay the turn off for those big commercial accounts just
because of the amount of time it takes to get payment through their accounting
department.
Bird: Call their accounts receivable and see if they act the same way.
Smith: Right.
(inaudible discussion)
Bird: Okay. Mr. Mayor. If there's no more questions I would move that we
approve the delinquency cut off list and extend it to May 16th and May 23rd as the
cut off days.
Anderson: Thank you. I'll second that.
Corrie: Motion's been made and second to approve the scheduled cut off date
the 16th and the 23rd. Any further discussion? Hearing none, all those in favor say
aye.
Meridian City Council Meeting
May 15,2001
Page 81
MOTION CARRIED: ALL AYES
(inaudible discussion)
Bird: Mr. Mayor.
Corrie: Yes.
Item 14.
ACDS 01-04..sJ01-11-CUJ01-13-0TDJ01-03..zC/01-09-PBA/01-07-
MSP Lee Centers - Powder River Subdivision: Discussion of
Response Comments to Ada County for an 80.04-acre county
subdivision to include 215 single-family residential lots, 8 common
lots, 3 open-space lots and 1 well lot; a Conditional Use Permit and
Master Site Plan for a public/quasi-public use to establish a
municipal wastewater collection and treatment facility; A Parcel
Boundary Adjustment; A Zone Change from RUT (Rural-Urban
Transition) to R4 (Medium Low Density Residential);a Zone
Boundary Adjustment; and a One-Time Division. The property
contains 151.98 acres and is located on the east side of Linder
Road approximately 0.5 mile south of West Victory Road, Meridian,
ID; Section 25, T3N, R1W:
Bird: Don't we, on this item 14, what was staff wanting from us or yourself was
wanting? Were they wanting a recommendation from the City Council? Or were
we just hearing it out? Or what?
Corrie: There's gOing to be a letter, it's in the draft form now. When are we
going to get to take a look at this?
Stiles: What (inaudible)
Corrie: This is the draft letter to the Ada County Planning and Zoning
Commission.
Nichols: Mr. Mayor.
Stiles: Oh that's been redone.
Nichols: Mr. Mayor, Members of the Council. The Council needs to direct staff
whether to, I mean you need to recommend either denial or approval of this
subdivision and either way you need to direct staff to submit the whatever your
position is and what supporting things you have for it to Ada County
Development services so that it's part of the record. The Council needs to take
some action here to say this is what we want done, I think. That's what's asked
for when it comes as what's the City's recommendation, approval or denial.
Meridian City Council Meeting
May 15,2001
Page 82
Corrie: Okay. I'll entertain a motion to either approve or deny to the Ada County
Planning and Zoning Commission the request for Lee Center's Powder River
subdivision.
(inaudible discussion)
Stiles: Mr. Mayor.
Corrie: Shari. I'm sorry.
(inaudible discussion)
Stiles: Is there more information that you would like us to get together or for the
applicant to get together? Is there any point in maybe requesting a continuance
prior to submitting our recommendation? I just wanted to go on record that there
are several policies in the existing Comprehensive Plan that do not support this
application. Those have been included in Brad Watson's letter. We will be
including those in any draft of a letter or any final letter. We can prepare a letter
for the Mayor's signature or the Mayor and all the Council's signature. We will be
attending the meeting on the 24th at the public hearing and would hope that some
if not all of you will be attending as well. I mean, if you think there's any benefit
of getting more information, or do we need anymore research? I think we've
pretty much exhausted ourselves trying to address this issue.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: First I want to tell Lee and Steve and them that that is a nice project. You
certainly pointed out some advantages, or what I was scared of was the sewer
system. I'd like to know more about it but I, we have sat down and had a plan of
how we wanted to build and try to grow our city in a decent way that we thought
was feasible. It might not be right. We have not kept up with our timetable we've
asked for. That is strictly our fault. You know I think every developer should have
a shot as they go through the deals. But I as a Councilperson of the City of
Meridian I cannot back this development at this time. I just don't believe that we
are ready for it and so with that saying I would make the motion that we, as a
Council as Ada County Developmental Services to deny this application.
Corrie: Do we have a second?
Anderson: I'll second it.
Meridian City Council Meeting
May 15,2001
Page 83
Corrie: Okay. Motion's made and second to notify the Ada County Planning and
Zoning to deny the application from the City's standpoint. Any further discussion?
Does this take a roll call vote Mr. Attorney? Roll call vote, let's get on the record.
Berg: Thank you Mr. Mayor, Members of the Council roll call vote.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
'Corrie: Dave you had, it's not on the agenda so speak fast if it's something-
Bowman: Mr. Mayor and Council. The Mayor has asked me to present a request
to you to waive certain fees in the project of the building of the new police
department. If I may approach --. Chief Gordon has marked certain areas there.
These were brought to his attention by the architects of the project of the new
police department. Items in particular 3, 5, and 6 are city fees associated with the
project. If these fees could be waived that additional monies could be applied to
the actual construction cost of the facility. Item NO.1 is an ACHD impact fee
allowance which is a $52,000 fee as you can see there. I guess his request
would be to have either the City Clerk or some other person contact ACHD to
request them to waive that fee. These fees total $84,000. Those four different
fees there which could be applied directly to that construction. That's it in a
nutshell. Any questions?
Bird: Yeah. I've got one Captain. When are we going to see the final footprint of
the building?
Bowman: I'm not aware of that time schedule right now, that timeline.
Bird: Okay.
Bowman: I'm not involved in that end of the project.
Bird: Cherie, do you have any idea?
McCandless: I haven't at the moment. I can find out for you though.
Bird: Okay. I think we need to try to waive these fees to-
Corrie: Probably, ACHD impact fee, they probably will not be willing.
Bowman: I believe you just make a request to the agency to do that.
Bird: Is our building inspector's going to donate their time for this project, Mr.
Gary?
Meridian City Council Meeting
May 15,2001
Page 84
Smith: I haven't talked to them about that Councilman Bird. I don't know.
Bird: What have we done on the fire stations? They've got, have we paid the
building fees? We haven't have we?
Smith: I don't know. I'm sorry.
Bird: Have we, Clerk? Do you recall?
" Berg: I don't think so.
Bird: Ron?
Anderson: I don't think I negotiated (inaudible) It seems to me like (inaudible)
Bird: I think those guys will do that. I think we ought to waive these fees. Holy
Cow, it's robbing Peter to pay Paul. It's ridiculous.
(inaudible discussion)
Smith: Another way to voice that would be to put it from one pocket to the other
pocket.
Bird: Yeah. You know to me that's-The ACHD impact fee, who would be the
best to probably hit that, Gary or Will?
Smith: To waive that?
Bird: To hit these people up and get that waived?
(inaudible discussion)
McCandless: 52,000
Bird: 52,000. Talking about ACHD, I wanted to die laughing when Durkin was up
here telling us they're going to start on north Locust Grove next week.
(inaudible discussion)
Bird: Ten years ago.
Corrie: I can ask them.
Bird: Why don't you?
Meridian City CounCil Meeting
May 15,2001
Page 85
Corrie: I'll talk to them (inaudible) I have kind of a gut feeling that when they get
through laughing they'll probably say no but we can sure ask them.
(inaudible discussion)
Bird: Mayor, can you and Gary see about the building fees. See if the inspectors
ill do it. Now, if we have to pay the building inspectors then we're going to have to
charge this. It's only fair that we charge. If they would do it on conditions, you
know. We've got to get the sewer and water hook ups fees.
o Smith: Ves sir.
Bird: Right, Shari?
Stiles: Why?
(inaudible discussion)
Bird: Let's see what we can do Captain. I think we need to, I personally believe
we should waive as many of those fees as we can.
Bowman: Right. The last item down there, item No. 16, furnishings, fixtures and
equipment. I'm a little unclear on this. Maybe Councilwoman McCandless can
help me out on this item. The Chief wanted to know about moving that into next
year's budget.
McCandless: Yeah. The building won't be through until next year anyway. Those
are the inside things.
De Weerd: It depends on if our mill levy passes.
(inaudible discussion)
De Weerd: It depends on if our mill levy passes.
(inaudible discussion)
Bird: Have you got any idea?
Bowman: No sir.
Bird: You really don't because you don't have the final print so you don't know
really what you're going to need.
Bowman: No. I think he just wants to postpone that and put it in next year's
budget.
\
Meridian City CounCil Meeting
May 15,2001
Page 86
De Weerd: It depends on if our mill levy passes.
(inaudible discussion)
Bird: Have you got any idea?
Bowman: No sir.
Bird: You really don't because you don't have the final print so you don't know
really what you're going to need.
Bowman: No. I think he just wants to postpone that and put it in next year's
budget.
Bird: Yeah.
Bowman: Instead of tacking it onto this.
Bird: Oh, yeah.
Bowman: He's trying to get the most for his buck out of this.
Bird: That sounds good to me.
Bowman: Okay.
Anderson: I guess the answer is let us do some checking with some of these
other agencies and see how many of them would be willing to waive some fees
and we'll get back to you.
Bowman: Very good. Thank you.
Corrie: Okay. All right, I'll entertain a motion we adjourn,
(inaudible discussion)
Bird: So moved. Second.
Corrie: Okay. All those in favor say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11 :06 P.M.
Meridian City Council Meeting
May 15,2001
Page 87
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
Item Packet Picku0
May 11,2001
FP 01-006
May 15,2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Howell Murdoch Development Corporation ITEM NO. 13
REQUEST Final Plat approval of 11 building lots and 2 other lots on 20.26 acres
in an R-8 zone for Murdoch Subdivision NO.2 - e/o Locust Grove Road and s/o
Medimont Subdivision NO.2
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached Staff Comments
See attached
No Comment
{fJ~
~~~
See attached
Contacted:
~Vtft Howell
Date: 51/4/01
Phone:
30~dUL.
3(&r7~30
Materials presented at public meetings shall become property at the City of Meridian.
Maif)u0t<.-{ -Ie:- ~ UvL
IvrAYOR
Robert D. Co~rie
HUB OF TREASURE VAILEY
A Good Place to Live
LEGAL DEP ARThIENT
(208) 288.2499 . F 3.",{ 288-2501
CITY COUNQLMEMBERS
CITY OF MERIDIAN
Ron Anderson
Keith Bird
Tammy deWeero
Olerie McCandless
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 - FAX (208) 887.4813
City Oeck Office Fax (208) 888-4218
PUBUC WORKS
BUILDING DEPAR'IMENr
(208) 887-2211- Fax: 887-1297
PLANNl1-JG AND ZONING
DEPARThfENT
(208) 884-5533 - FAX 888-6854
MEMORANDUM:
May 10,2001
To:
Mayor, City Council and Planning & Zoning Commission
David McKinnon, City Planner UA ~
Bruce Freckleto~ Assistant to City Engineer ~
From:
Re:
Murdoch Subdivision No.2
· Final Plat of 11 Building Lots and 2 other lots on 20.26 acres by Howell
Murdoch Development Corporation and the City of Meridian
(File FP-Ol-006).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
LOCATION
The parcel is located on the west side of Locust Grove Road, y,.. mile south of Franklin Road.
SURROUNDING PROPERTIES
North: Proposed Woodbridge office building, zoned L-O and Medimont Subdivision, zoned I-L.
South: Vacant land, zoned RUT (Ada County).
East: Woodbridge Subdivision, zoned R-4.
West: Murdoch Subdivision No.1, zoned C-G and Idaho State Police headquarters, zoned C-G.
FINAL PLAT COMMENTS
1. Sanitary sewer to this site shall be via extensions from existing mains in Locust Grove Road
and Murdoch Subdivision No.1. Water service to this site shall be via extensions from
existing mains in Locust Grove Road, Murdoch Subdivision No.1, and Medimont
Subdivision. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. The lots within this development will be subject to applicable latecomer
fees. Latecomer fees shall be due and payable prior to signature on the final plat.
2. The City of Meridian shall be added to the signature page of the final plat as one of the
landowners. A corrected legal description shall be included to reflect that the City of
Meridian owns land to be recorded as Lot 8 of Block 2. Add note to the face ofthe plat that
states that the City of Meridian owns this lot.
FP -01-006
Murdoch Sub #2.FP.doc
Mayor & City Council
May 11, 2001
Page 2
3. The landscaping of the common areas shall be installed as submitted on the landscape plan
(LD.l, 4-17-01). Three copies of detailed irrigation performance specifications shall be
submitted for approval by the Planning and Zoning staff prior to signing off on the Final Plat.
4. 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 on the final plat.
o 5. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation
. must be provided to all common landscape areas on site. Applicant shall be required to
utilize any existing surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the common
landscaped areas. Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an association or the Nampa &
Meridian Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works Department as
part of the development plan review process.
6. Buffers between land uses on the southern subdivision boundary will be handled on a site-by-
site basis as development occurs.
7. Sidewalks shall be detached a minimum of 5-feet from the future edge of curb along Locust
Grove Road.
8. A waiver has been granted by the City Council to the Meridian Police Station property. The
proposed piping of the Hunter Lateral shall extend upstream to the existing check structure in
order for the piping to be acceptable.
9. Please add or revise the following note(s):
(7.) ... established seasonal normal groundwater...
10. A variance has been granted by the City of Meridian City Council to allow the block length
within the subdivision to be greater than 1000- feet.
11. Add the Public Street dedication section and the Domestic Water Service Origin sections to
the Certificate of Owner's.
12. Staf'f's failure to cite specific ordinance provisions or tenus of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
2. Two-hundred-fifty-watt high-pressure sodium streetlights will be required at locations
FP -01.006
Murdoch Sub #2.FP.doc
Mayor & City Council
May 11,2001
Page 3
designated by the Public Works Department. All streetlights shall be installed at subdivider1s
expense. Typical locations are at street intersections and/or fire hydrants.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public Works
Department. The applicant has requested a waiver of this requirement along the Hunter
. Lateral.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
5. Five-foot~wide sidewalks and pedestrian walkways shall be provided in accordance with City
Ordinance Section 12-5-2.K.
.FP-OHl06
Murdoch Sub #2.FP.doc
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 . Fax. 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887 -] 297
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PLANNING AND ZONING
DEPARTMENT
(208) 884.5533 . Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
T d ihsure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: May 8, 2001
Transmittal Date: May 1,2001 Hearing Date: May 15, 2001
File No.: FP 01-006
Request Final Plat approval of 11 building lots and 2 other lots on 20.26 acres in an
R-8 zone for Murdoch Subdivision No.2
By: Howell-Murdoch Development, Corp.
Location of Property or Project: East of Locust Grove Road, south of Medimont No.2
v
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Bill Nary, PIZ (NoVAR, VAC,FP)
Richard Hatcher, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Ron Anderson, G/C
Tammy deWeerd, GIG
Keith Bird, CIC
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department Your Concise Remarks:
Fire Department
Police Department ALL. Q DOE S /J SLIJ.-S!. -b:::..13,Q. fYl~
City Attorney Th il S' ~ r IV e-lv.-& e F7 R. ~ Hj rflrel n.Jls > U..H\--,f-.J:€,r-
Gity Engineer Su...iJ~ , Fi t<rz 5 /Jr-ilVk ~r 5S' :lf~~ .
City Planner I .---;J I I
Parks Department (RNl<MntMl Only)
Meridian School District (No FP)
Meridian Post Office (FPIPP 0II1y)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power CO. (FPIPP only)
U.S. West (FPIPPOIIIy)
Intermountain Gas(FPIPPOIIIy)
Bureau of Reclamation (FPIPPOIIIy)
Idaho Transportation Department (NoFP)
Ada County (AnMXlllion only) L /
.J-7~O
I>Z. - 27 FP - 2~ PPtPFP - 28 VMNI'C. 20 CUP - 20
RECEIVED
MAY 0 7 2001
City of Meridian
City Clerk Office
..,
~. CENTRAL
Gi Bt6bUi
I ;
CENTRAL DISTRICT HEALTH DEPArtTMENT
Environmental Health DivisBiECEIVED
MAY 1 1 2001
Return to:
o Boise
o Eagle
o Garden City
4Meridian
o Kuna
DACZ
o Star
Rezone #
Conditional Use #
Preliminar~/ Short Plat
01.
02.
03.
04.
05.
06.
07.
fa.
t
CITY OF MERJDr A1\T
FPOI-oOb
14 u.--do c...h ~ evlo -=P=-2-
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
o high seasonal ground water 0 waste flow characteristics
o or bedrock from original grade 0 other
This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
After written approval from appropriate entities are submitted, we can approve this proposal for:
~ntral sewage 0 community sewage system 0 community water well
o interim sewage )J::' central water
o individual sewage 0 individual water
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
$..central sewage 0 community sewage system 0 community water
o sewage dry lines ~ central water
~o. Run-off is not to create a mosquito breeding problem.
. 6 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
013. We will require plans be submitted for a plan review for any:
o food establishment 0 swimming pools or spas
o beverage establishment 0 grocery store
A14.
o child care center
~C;- ~ ,<;;,~;e;nt..<-J+7Z572-. Kecolrl,rl-7 e;vOI17/IJ,dJ
Date: 6/2 p/
~~A/
#/--r-h1U-/f3ZJ
Reviewed By:
Review Sheet
~ CENTRAL
{jrB~!i1~
MAIN OFFICE · 707 N. ARMSTRONG PL.' BOISE.1D 83704.{]825 . (208) 375-5211 . FAX 327-8500
To p/"/!I'I!1Ir alld treat disease alld disability; to promote healthy lifestyles; and to protect alld promote tile health alld quality of our envirO/lment.
STORM WATER MANAGEMENT RECOMMENDATIONS
~",~~_~,,+""~~.~,~~.~,'_'...~hC'C.'~.".C_..____ __ ___...
It is recommended that storm water be pre-treated through a grassy swale
prior to discharge to the subsurface to prevent impact to ground water and
surface water quality. The engineers and architects involved with the design
of this project should obtain current best management practices for storm
water disposal and design a storm water management system that is
preventing groundwater and surface water degradation. Manuals that could
be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices For
Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
Serving Valley, Elmore, Boise, alld Ada COllnties
Ada I Boise County Office
707 N. Armsrong PI.
Boise. ID 83704
Enviro Health: 327.7499
Family Planning 327-7400
Immunizations: 327-7450
Senior Nutrition: 327-7460
WIC: 327-7488
FAX: 327-8500
Ada.WIC Salelllte Office
1606 Robert St.
Boise. ID 83705
Ph. 334-3355
FAX: 334-3355
Elmore County Office
520 E. 8th Street N.
Mountain Home. lD 836<17
Enviro. Health: .587.9225
Family Health: 587-4407
WIC: 587-4409
FAX: 587--3521
Volley County Office
703 N. 1st Street
P.O. Box 1448
McCall. ID. 83638
Ph. 634-71 94
FAX: 634-2174
(
RECEIVED
MAY - 9 2001
CITY OF MERIDIAN
~ & ~ 1~ ZJuwua
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
May 7,2001
phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466.0663
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ill 83642
Re: FP 01-006 Final Plat approval for Murdoch Subdivision NO.2
Dear Commissioners:
The final plat does not indicate the relocation of the Nampa & Meridian Irrigation
District's Hunter Lateral; also, all License Agreements must be in place.
Sincerely,
/J~/~
Bill Henson, Asst. Water Superintendent
NAMP A & MERIDIAN IRRIGATION DISTRlCT
BH: dIn
Cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS. 23,000
BOISE PROJECT RIGHTS - 40,000
May 11, 2001
Ada County Application
MERIDIAN CITY COUNCil MEETING
APPLICANT Lee Centers
May 15,2001
ITEM NO.
14
REQUEST
ACDS App - 80.04-acre subdivision to include 215 SF residential lots, 8 common lots, 3 open-space
lots, 1 well lot; CUP & Moster Site Plan for a public/quasi public use to establish a municipal wastewater collection
and treatment facility; Zone Change from RUT to R4; Parcel BoundOl)' Adj; I-time Division - properly contains
151.98 acres located on east side of Linder Road opprox.5 miles south of W. Victory Road, Section 25, T3N, R1W
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN iRRIGATION:
SETILERS IRRIGATION:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
See attached
pP~
(j;?
~ ?vf
~~
Contacted:
of~ )~
Shamn Nlcke{ ..-L~ Date: 5//4-/01 Phone: j;)J- -?/lQ;)..
Materials presented at public meetings shall become property otthe City of Meridian.
OTHER:
Jones. Gledhill. Hess. Andrews. Fuhrman
Bradbury & Eiden, P .A.
ATTORNEYS AT LAW
RECEIVED
APR 2 4 2001
Stephen A. Bradbury
CITY OF MERIDIAN
April 20, 2001
. William G. Berg
Meridian City Clerk
33 E. Idaho Ave.
Meridian,lD 83642
Re: Powder River Subdivision
Dear Mr. Berg:
This firm represents LC Development, the owner and developer of the
proposed Powder River Subdivision (to be located on the east side of Linder
Road, south of Victory Road in the Meridian City Impact Area). We understand
that the City Council will, at some point, review the proposed subdivision project
for the purpose of making a recommendation to the Ada County Commissioners
pursuant to the area of impact referral process. The owner/developer and its
representatives would like to be present when the Council reviews the project so
that it can make a presentation to the Council and/or respond to any questions
which might arise. Unfortunately, we have not been advised of the time and date
when the Council is expected to conduct its review. Accordingly, please treat this
letter as formal request that the applicant be provided reasonable advance
written notice of the time and date of the meeting at which the Meridian City
Council will undertake its review of the proposed subdivision project.
Sincerely,
SAB:II
cc Mayor Robert Corrie
Sherry Stiles
William Nichols
Board of Ada County Commissioners
Jeff Patlovich
Shawn Nickel
Lee Centers
The 9th & Idaho Center. 225 North 91h Street, Suite 820
P. O. Box 1097 . Boise, Idaho 83701
Phone (208) 331-1170. Facsimile (208) 331-1529
E-Mail Address:jg@idalaw.com
HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 . Meridian, 1083642
208/322-8992 . Fax 208/378-0329
April 19, 2001
Kenny Bowers
Meridian Fire District
540 E. Franklin Road
Meridian, Idaho 83642
Dear Mr. Bowers;
As representative for LC Developmen~ please accept this request for a meeting bet'VVeen
the Meridian Fire District and the developers of the proposed Powder River Subdivision,
located on the east side of Linder Road, south of Victory Road in the Meridian City
Impact Area. This meeting is being requested in order to review the proposed
development with the Fire District, receive specific comnients, and address any initial
concerns that the District may have regarding this proposal. It is the intent of the
developer to work as closely with the District as possible in order to design and develop a
subdivision that is both safe and that has the least amount of impact upon existing and
future services in the area.
Therefore, could you please contact me as soon as possible so that we may schedule a
time to meet. I can be reached at 322-8992.
Thanking you in advance for our meeting.
Sincerely.
~-;j~
-c Shawn L. Nickel. Project Planner
Representing LC Development
cc: JeffPatlovich, Ada County Development Services
Board of Ada County Commissioners
City of Meridian Ivfayor and City Council
Shari Stiles, Planning Director - City of Meridian
Stephen Bradbury, Legal Council forLC Development
APR 19 '01 la:;>R
TOTRL P. 01
"')r:::to 7""0 (Ac'J'""'J(':J
r""I"t-r- 1""1"
(
.
PLANNING
ADA COUNTY
DEVELOPMENTSERVlCES
PHONE: (208) 364-2277
FAX: (208) 364-2406
BUILDING
.
ENGINEERING
650 MAm STREET, BOISE, IDAHO 83702
ZONING
.
DATE:
3/ :?"1/ 2..001
TO:
Ada County
x Assessor
X Bu~lding D~~s~on
X Eng~neer
--X --Long Range Planning
- POlrks Dept. /Donna Gr~ff~n
X G.I.S.
X Sol~d Waste Mgmt. /Dave Neal
X EMS
- -Pest EJttermination
. X Ada county H~ghway District
Other Agencies
X COMPASS
-X-central District Health
- -Boise Airport Director
-----Boise Planning & Zoning/Hal Simmons
-----Boise Publ~c Works/Ivan Butterfield
-----Bureau of Reclamation
--X:-Boise project Board of Control
-X-New York Ixrigation District
-X-Drainage District #2
-X-Boise-Kuna Irrigation Distr~ct
-X-Natural Resource Conservation Servo
-X-Dept. of Env:i.ronmental Quality
-X-Dept. of Water Resources
-- Boise Subdiv:i.sions/Cxaig Hood
FROM: Scott Cook
Utilities
X Idaho Power
_____Intermountain Gas
X U.S. West
X United Water Co.
X Ca.mbrid.ge Telephone Co.
RECEIVED
APR - 3 2001
CITY OF MERIDIAN
~ of" Land~
-----Boise Fire Department
-X- Meridian Fire District
- Chevron Pipeline
Northwest Pipeline
-----ITD District #3 Planner
-----Idaho Transportation Dept. - Env:i.ronmental
---x- City of Meridian
-X-U.S. Post Office
-X --Meridian School District
- -10 Humane Society
Ada County Free Library
______T~m Breuer - Ridge to Rivers Coordinator
RE: 1)1.;04-StOl-ll-CUlOl-13-0TDfOl-03-ZCfOl-09-PBAlOl_07_MSP LEE CENTERS-
POWDER RIVER SUBDIVISION
The Ada County Planning and Zoning Commission will hold a public hearing on May 24,2001,
beginning at 6:00 p.m. in the Les Bois Room of Boise City Hall, 150 North Capitol Blvd., Boise, ill, on
the follo'Wing application:
Ol-04-SfOl-ll-CUfOl-13-0TDfOl-03-ZC/Ol-09-PBAlOl_07_MSP LEE CENTERS - POWDER
RIVER SUBDIVISION: All 80.04-acre Subdivision to include 215 single-family residential lots, 8
common lots, 3 open-space lots and 1 well lot; a Conditional Use Permit and Master Site Plan for a
public/.quasi public use to establish a municipal wastewater collection and treatment facility; a Zone
Change from RUT (Rural-Urban Transition) to R4 (Medium Low Density Residential); a Parcel
Boundary Adjustment; and a One Time Division The property contains 151.98 acres and is located on
the east side of Linder Road, approximately 0.5 mile south ofW. Victory Road, Meridian; ill; Section 25,
T. 3N., R. lW.
Ada County welcomes any comments you may have on this application. Please submit your comments on
agency letterhead, by April 18, 2001. Make specific reference to the file number noted above. If you do
not respond, Ada County shall consider you as having no comments on this application.
ATTACHMENTS:
1. Land Use Fpplication
2. Applicant's StatE!lrel1.t
3. Site Plan
4. Vicinity Map
(
Property Boundary Adjustment
ADA COUNTY DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702
("
www.adaweb.netl(208) 364-2277
SUBMIITALS:
1. ~ Detailed letter by applicant Describe why you need the property boundary adjusnnent
2, ~ Site plan showing all existing or proposed structures and all property lines. This must be legible and drawn to scale.
3. [i Parcel map. Available from the Assessor's office on the 4th floor of the COWlty building.
4. I2Q Concurrent applications, as applicable.
5. D Proper fee.
SITE INFORlYIATION PROPERTY #1:
Location: Quarter: S ",,1 Section: 25 Township: 3N
.SubdivisionName: Powder River Subdivision
SiteAddress: 3770 S. Linder Road
Tax. Parcel Number(s): S1225314813 Zoning: RIIT
1W
Total Acres: 42. 68
Block:
Meridian
Range:
Lot:
Area of City Impact:
UWNERPROPERTY #1:
I consent to this application and allow Development Services
staff to enter the property for site inspections related to this
application.
Name: lee Centers
Address: 3770 S. Linder
City: Mpri dirt n
Telephone:
Road
Smre:-1d-- ~p:83642
Fax:
~~cL
gnature: (Owner #1)
.?-/;2. -0 I
Date
SITE INFORMATION PROPERTY #2:
Location: Quarter: ~ Section: 25 Township: 3N
Subdivision Name: Powder River Subdivi<;ion
Site Address: 3770 S. Linder Road
Tax. Parcel Number(s): 51225233900 Zoning: RtlT
Range: 1 W Total Acres: 63.61
Lot Block:
Area of City Impact: MpY'i ni ~n
UWNER PROPERTY #2:
I consent to this application and allow'Development Services
staff to enter the property for site insp ections related to this
application.
Name: Lee Centers
Address: 3770 5. Linder Road
City: Meridian State:~
Telephone: Fax.:
-3-(2-0/
Date
OFFICE USE ONLY
File No.: C \ ~ ('<:1' fp i-~l Received By; 0H Date: b'. ) + ~; i Log:
X-Ref.: ,~l . i ::. . c -r~ History Map: Stamped: Fee/GIS:
6/19/00 Cl -- 01 -j.
Z:\SlmedEngx\PZFonns\2000 Zoning Ordinance\Applications\Pm:el BOWldary Adjustment-doc
. .
(
One-time Division
ADA COUNT( DEVELOPl\4ENTSERVICES, 650 Main Street, Boise, Idaho 83702
www.adaweb.netl(208) 364-2277
SUBMITTALS:
1. !Xl Detailed letter by applicant Describe the proposed property division.
2. l2:9 Site plan showing the proposed division, structures, and all property lines. This must be legible and drawn to scale.
3. ~ Parcel map. Available from the Assessor's office on the 4th floor of the COWlty building.
4. 131 Concurrent applications, as applicable.
5. rn Warranty deed or evidence of proprietary interest
6. B1 Proper fee.
GENERAL INFORMATION:
Size of proposed parcel #1 in acres or square feet: ~:'. \.0 \ ~('..t'-eS
Size of proposed parcel #2 in acres or square feet: l \.p. <& 5 ~ f' ,~e.~
Has the subject property been divided or changed configuration since January l, 1985? If yes, please explain: No
-,.,
~..
SITE INFORMATION:
Location: Quarter: ~ ~ Section: 25 Township: 3N
Subdivision Name: Powder River Subdivi sion
Site Address: 3770 5 _ I i nder Road. Mer; di an
Tax. Parcel Number(s): 51225233900 Zoning: RUT
Range:
lW
Total Acres:
Lot: Block:
Area of City Impact: Meri di an
OWNER:
Name: A. Lee Centers
Address: 3770 50 Linder Road.
City: Mer; di an State: ~ Zip: 83642
Telephone: Fax.:
.-U>PLICANT:
Nmne: Hubble Engineering, loc./Shawn L.
Address: 701 S. All en Suite 102
City: Meridian State:~ Zip: 83642
Telephone: 322-8992 Fax: 378-0329
Nickel
I consent to this application and allow Development Services staff I certify this information is correct to the best of my knowledge.
to enter the property for site inspections related to this application.
~c(~ 3--0--0/ ~"1.7LJfJ
Signature: (Ovmer) Date Signature: (Applicant)
Date
OFFICE USE ONi Y
File No.: r i-I :, - C. T P Received By: S?.;.J, Date: ~ -1 ~1- C l Log:
X-Ref.: History Map: Stlmped: Fee/GIS: 7c11 -
6/19/00
Z:\Shared.EngnPZFcmns\2000 Zoning Ordin.mce\Apptic:ltions\One_tirru: Diyisian.doc
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HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 . Meridian, 10 83642
208/322-8992 . Fax 208/378-0329
Mr. Jeff Patlovich, Director
Ada County Development Services
650 Main Street
Boise, Idaho 83702
RE: Lee Centers One Time Division - Letter ofIntent
Dear Jeff;
_As representative for Lee Centers, please accept this application for a One-Time Division
of a parcel of land on the east side of Linder Road, Yz mile south of Victory Road,
Meridian, Idaho, Section 25, Township 3 North, Range 1 West of the Boise-Meridian.
The current parcel number for the property is S 1225233900.
It is the intent of the property owner to utilize his one-time division allowance to create
tvva parcels. The parcel that will be created to the ,"vest of the Sundell Lateral (parcei #1)
would contain 63.61acres and will be pan of a future application for subdivision by LC
Development. The new parcel that will be created on the east side of the lateral (parcel
#2) would contain 16.85acres. This parcel currently has access from the nonh via the
Kentucky Ridge Subdivision. The intent of this parcel would be a future subdivision
with access to the north. At this time, a building permit is not being sought for this ne....v
parcel.
Please refer to the accompanying site plans for specific boundary descriptions. For your
convenience, I have also provided copies of legal descriptions that call out each new
parcel. Upon staff approval of this request, a record of survey will be recorded.
Thank you for your consideration. If you have any questions, please do not hesitate to
contact me at 322-8992.
Sincerely,
~ ~ 7k:d
Shawn L. Nickel, Director of Planning
Representing Lee Centers
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Conditional Use
ADA COUN1Y DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702
"''''''"W.adaweb.net I (208) 364-2177
SUBMITTALS:
1. 0 Detailed letter by the applicant. Explain bow the project was designed
2. 0 Master Site Plan ~1SP) application. Unless specifically exempt under Section 8.4E-2B.
3. 0 Plot plan if MSP not required. A full size, scaled drawing of the property boundary showing existing and proposed structUres.
4. 0 Supplemental information, as applicable. See checklist.
5. 0 Parcel map. Available from the .A.ssessor's office on the 4th floor of the County building.
6. 0 Neigbborhood meeting certification. Neighborhood meeting required prior to submittal.
7. . 0 Warranty deed or evidence of proprietary interest
:8. [j Proper fee. Any amount over $400 must be cash, cashier's check or money order.
9: 0 Multiple copies. Once your application is accepted, sraffwill contact you and request additional copies of the MSP and packages
containing one each of the following:
o Applicario~ form D Application 1etterO Plot plan reduced to 8 Yiz" x It".
GENERAL INFORMATION: (answer as applicable)
Proposed use(s): WP6""fSWk"TW- ~M;f\JT fJ'aUT'l
Hours of operation: A..WJ>..,-{G
Proposed number of parking spaces: I
Maximum number ofpatroas expected: cp
Sewage disposal:fmumcmal sewed! individual septic
Total square feet of all proposed structures: 400 If
Days of operation: AL-V VI'-<'fb
Number of employees during largest shift:
Will there be an outdoor speaker system? NO
Water: municipal supply Ilcommuniry wel~! individual well
SITE INFORMA nON:
Location: Quarfer. 5 W Section: Z-t;
Subdivision Name: NO NE-
Site Address: NOrJE-
Tax Parcel Number(s): S 121.. '531 4B 1'7
Township: 3N
IvJ
Total Acres; ~ 80
Block:
f.,IE-{Z.f DlhN
Range:
Lot
Area of City Impact:
Zoning: RUT
OWNER: .
Name: !.-C OaJE l,D PM bJ0T J INC..
Address: p. Q. Be,( 61 V .
City: M ~f2.\ 1/1 AtJ State: ~ Zip: V3& 80
Telephone: 005- !802. Fax: 584:- r7'138
APPLICANT: \
Name: JOr;. O<NNlIVfJ t:)~ A t;1J~/N86fZ.S, I JJC--
Address: ~ W. f?ZA'N~ JJ IZOAD
Cicy: Bo I ~.& State: --.UL Zip: e:; 7 0:;;"
Telephone; ':?4- '3 - 301 Fax; *1.. - 1:::>7 q '2.-
I consent to this application and allow Development Services staff
to enter tbe property for site inspections related to this application.
I certify this information is correct to the best of my knowledge.
Date
oB-e ~A
Signature: (Owner)
S-/:l-rJ!
OFFICE USE ONLY
CU #: () i .~ \\ - C L' Received By: .. !' Date: ::, -. 1 4- .
7F.J Loo'
".
MSP#: History Map: Stamped: Fee:
1 t/6/00 C,l- C .:, - ~ Z<.:..
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Master Site Plan
ADA COUNTY DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702
www.adaweb.netl(208) 364- ""'77
SUBMITTALS:
L 0 Detailed letter by the applicant Describe the proposed development.
1. 0 Parcel map. Available from the Assessor's office on the 4th floor of the County building.
3. 0 Detailed site plan, including elevations and floor plans, if structures are proposed. This must be legible and drawn to scale.
4. 0 Natural features analysis_ See Natural Features Map
5. 0 Landscape and screening plan. N/ A
6. 0 Parking plan. N/ A
7. .0 Lighting plan. N/ A
8. 0 Sign Plan. Nj A
9. 0 Concurrent applications, as applicable.
10. 0 Supplemental information, as applicable. (See checkIisl)
11. 0 Warranty deed or evidence of proprietary interest.
12. 0 Proper fee. (Any amount over $400 must be cash, cashier's check or money order.)
13. 0 Multiple copies. You must submit 20 additional packages containing one each ofllie foUowing documents:
o Application form 0 Application letter 0 Site plan (reduced to 8 Y'2X 11" ifnecessary)
GENERAL INFORMATION:
Proposed use(s): WtI:<7T6WK6f?-. ~1"M.urr frO U I'f
Hours of operation: A UJJ 1>-- 'f ~
Proposed number of parking spaces:
Maximum n~ber of patrons expected: ?
Total square feet of all proposed structures:
Days of operation: ALL- Of'-.. 'f ~
Number of employees during largest shift
Will there be an outdoor speaker system?
400 ~
I
NO
SITE INFORMATION:
Location: Quarter: 'OW Section; 2.5
Subdivision Name: Nof'Jf:..
Site Address: NO rJ.f;..--
Tax Parcel Number(s): S I "'2.. z.. :5 '3 1 4- E.? I 3
T ov.'IlShip: ? t\}
Rimge:
IW
Total Acres: ~ DO
Block:
-/I1&(l.Il/fAtJ
Lot
Area of City Impact:
Zoning: f<.UT
O~~R: APPLICANT: \
Name: L.,-G D.e-V E:-l,.O PM&NJ / I NC Name: ()De- UcNN1Nf:.1 t71 A &Nbl;JBE:~ INe...
Address: p, O. 00;i. t(j I P? Address: 506 .w, f12..kf\J~U f'J RDAD '
City: M61l.tVl.&-N State:~ zip:t?3vDD City: fX7ttS>B Stare:112- Zip: f'!J7::;705'
Telephone: t7bB-jBI52- Fax: Bf?4-f)q~t? Telephone: ':34~-:??t71 Fax: 'Q+'Z..~67C/"2-
I consent to this application and allow Development Services staff I certify thiS information is correct to the best of my knowledge.
to enter the property for site inspections related to this application.
File No.:
X.Ref.:
6/19/00
Received By:
History Map:
-0/12-/0 I
P.e ~-r~Afi- 3-la-Oj
~\\TIer)
Date
D~: ~g:
Stamped: Fee:
Z:\SharedEngr\PZForms\2000 "Zoning Ordinance\Applicatior.s\ll.faster Site PI:m.doc
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CONSULTING ENGINEERS AND SURVEYORS
5505 W. Franklin Road
Boise, Idaho 83705-1055
Telephone - (208) 343-3381 . Fax (208) 342-5792
March 9, 2001
MI. Jeffrey Padovich, AlCP
Ada County Development Services Department:
650 Main Street
Second Floor
Boise, ID 83702
RE: Powder River Wastewater Treatment Facility Conditional Use Application
Dear Jeff Patlovich:
Please accept our conditional use application for a wastewater treatment facility to serve the Powder River
Subdivision. The subject property is within the City of Meridian Urban Service Planning fuea Boundary;
however, the City of Meridian has not yet extended sewer and water service to the site. The applicant seeks
R4 zoning on the property. Section 8-2B-ICl states that a putpose of the R4 district is to "provide
regulations and standards for development where a municipal wastewater collection and treatment system and
community water system are provided. . .."
The definition of "municipal wastewater collection and treatment system" is:
Facilities for the central collection and treatment of wastewater, provided and operated by a legally created
special district or municipality, that: 1) provides for the transponation of sewage and the removal of polluting
constituents for wastewater, 2) is designed to meet local, State, and Federal standards, and 3) complies "With
area-wide wastewater management plans.
This request is to seek conditional use approval to permit the wastewater treatrrlent facility. Once we have
preliminary approval, the applicant will create a special district for the purpose of operating a central
collection and treatment facility for wastewater generated by the proposed development. The applicant,
through Hubble Engineering, Inc., has also submitted a rezone and preliminary plat on the subject property
for your consideration.
This remainder of the narrative discusses the site overview, projec;t overview, and master site plan standards.
Site Overview
This project is located on Linder Road in the southwest quarrer of Section 25, Township 3 North, Range 1
West Boise Meridian, Ada County, Idaho. It is comprised of approximately 80 acres of land and is currently
located in the unincorporated county.
The property is currently zoned Rural-Urban Transitional (RU1), as are all the adjoining properties. Kentucky
Ridge Estates (zoned R4) and Meridian Heights (zoned RS) are to the north and northeast respectively. The
site is relatively flat and there are few constraints to development. The land drains to the northwest comer of
the property. We have phced the treatment facility at this natural drain area.
Project Overview
The collection and treatment facility will be located as shown on Lot 1 Block 2 of the proposed preliminary
plat. The remainder of the loc will be landscaped and used as common open space for the subdivision. The
pond on the property will serve many functions beyond that of the wastewater treatment facility. After
1
rainstorms, the pond will detain treated stormwater. During the irrigation season, the pond will be
supplememed with water from irrigation water currendy availabLe on the property. The homeowners will then
re-use the water through a separate pressurized irrigation system.
The wastewater collection and treatmem facility will consist of three componems; The storage pond, the
mechanical building, and the wastewater treatment system.
Storage Pond
The pond will be approximately 4 acres in surface area. The pond will be constructed with gradual slopes of
4: 1 at the edges. Once the water depth reaches approximately 3 feet, there will be a safety bench that is about
6 feet long. Then the slopes will increase to 2:1 [Q a working depth of 18 feet. The pond will be lined to
prevem erosion and improve the appearance of the facility.
.Mechanical Building
There will be a small mechanical/control building to house the control panels, coagulation, filtration, and UV
units. This building will be about 20 feet \Vide by 20 feet long and approximately 12 feet rail. We will provide
electrical service, parable water service, sewer service, and phone service to the control building. The building
will have a stucco exterior with architectural shingles on the roof. There will be one low-wattage, Outdoor
light with a full cut-off shield at the entrance to the building.
Wastewater Treatment System
The applicant has contacted Quality Water Systems to design and install the wastewater treatment plant
(Quality Water Systems also designed and installed the system used in the Moon Lakes Ranch Subdivision.)
The required footprint for the complete wastewater treaunent system, including the mechanical building, is
100 feet by 100 feet.
The wastewater treatment plant will produce effluent that is at all times oxidized, coagulated, filtered, and
disinfected. The treatment unit processes are as follows;
Primary and Secondary Treatment
Coagulation
· Filtration
Ultra Violet Disinfection
Discharge to Pond
Primary and Secondary Treatment. The Sequencing Batch Reactor units are buried vaults where primary
and secondary treatment of sewage occurs. The SBR will be installed immediately adjacent to the mechanical
control building. The system is a miniature treatment plant (similar to those in large municipal systems) that is
scaled to fit inside a small multi-chamber fiberglass tank. The wastewater stream is sequentially passed
through a series of computer-controlled batch processes to breakdown the solids, remove impurities and
ready the effluent for discharge. The system will be designed to handle 73,500 gallons per .day.
Coagulation. During this step the SBR effluent is injected with a small amount of coagulant, in this case
aluminum sulfate or alum. This process causes particles to flock together in preparation for the filter.
Filtration. A dynamic bed sand mter system treats the coagulated effluent. The filtration process further
reduces the levels of impurities in the water.
Ultra Violet Disinfection. A turbidity meter then monitors the liquid leaving the filter, and, if the liquid
m.eets a high standard of clarity, it is then directed through an ultraviolet (UV) unit. The UV units provide
pathogen kills and now the liquid meets the standard of the Clean Water Act for drinking WaLer.
Discharge to Pond.
The effluent will then be discharged to the holding pond. During the 'Winter months while the ground is
frozen, the effluent will be stored in the pond.
2
Master Site Plan Standards
ucation of Structures on the Site
None of the standards apply to this project.
Non-vehicular Access and Internal Circulation
None of the standards apply to this project.
Automobile Accm and Internal Circulation
A representative from Quality Water Systems will inspect the facility every couple days. The maintenance
takes approximately half hour. As noted on the site plan, the access drive has an adequate turnaround for the
vehicle.
. Screening
The project site serves the dual functions of wastewater treatment and landscaping for the proposed
subdivision. The only visible structural element will be the maintenance building. The applicant proposes to
construct a stucco building with architectural shingles. We have provided photographs with our application of
a similar structure.
The applicant has not yet contracted for a landscape plan for the common areas. At a minimum, however, the
applicant will plant a tree on each elevation to screen the building. (This has the added advantage of providing
shade and keeping the building cool in the summer.) Because the maintenance building will largely be
unoccupied, we are concerned about the potential for vandalism if we put too many trees around the
building.
Drainage
The pond is located in the natural drainage area for the subject property. Because the proposed pond will be
lined, the project will increase impervious surface area mare. than 1,000 square feet. However, the pond will
also function as detention areas for treated stormwater in the proposed subdivision_ Although we have not
provided a separate drainage study at this rime, the applicant will complete a drainage study for the
subdivision prior to final plat approval. "
Water SupplY and Sewage Disposal
The mechanical building will be supplied with potable water and sewage disposal services.
Fi/linlJ Excavation, and Earth Moving
The excavation areas of the pond will be lined to minimize soil erosion.
Historic Featum
There are no historic structures on the project site.
Sensitive Plant and Animal Species
The project site has been under cultivation for a number of years, There are no sensitive plaat or animal
speaes.
Irrigation
The wastewater pond will store water for a pressurized irrigation system for the subdivision.
Utilities
All utilities to the site will be placed underground.
3
Maintenance
Quality Water Systems will maintain the trea.tment facility. The general maintenance rourine is to monitor the
facility approximately three times a week. During the routine maintenance, the certified operator will take pH
and alkalinity readings, check the coagulant supply and check that the pumps llIe still .running properly. Once
a week, the operator will measure how the sludge is settling and the amount of suspended solids in the sludge.
The operator will pull fecal samples about once a month. Other maintenance is done as needed. The
maintenance building is also fitted with telemetry to signal the certified operator if emergency maintenance is
needed on the facility.
I believe this addresses the issues related to the conditional use and master site plan application. Please free to
call me at 343-3381 if you have a.dditional questions or concerns.
sephD. C~SPE'
Vice-President
B. & A. Engineers, Inc.
JDCj abp
4
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Zoning Ordinance Map Amendment
ADA COUN1Y DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702
www.adaweb.netl(208) 364-2277
SUBMITTALS:
I. 0 Detailed letter by the applicant. Describe the need for the rezone and your plans to develop the site if the rezone is approved.
2. 0 Metes and bounds legal description ofllie property to be rezoned.
3. 0 Parcel map. Available from the Assessor's office on the 4th floor of the County building.
4. 0 Neighborhood meeting certification.
5. 0 Pre-application conference notes.
6. 0 Warranty deed.
7. .0 Proper fee. (Cash, cashier's check or money order.)
S. 0 Multiple copies. You must submit 25 additional packages containing one each ofllie following documents:
o Application form 0 Application letter 0 Parcel map (reduced to 8 ')1 x 11" if necessary)
GENERAL INFORMATION:
Existing Zoning: RUT Proposed Zoning: R-4
Total acreage to be rezoned: 80.04
SITE INFORMATION:
Location: Quarter: Sw . ~ , Section: 25 Township: 3N
Subdivision Name: Powder River Subdivi 5; on
Site Address: 3770 S I inrlpr Rn<lrl
Tax. ParcelNumbe:r(s): 51225233900 Zoning: RIIT
.5225325650
51225314813
Range: lW
Lot
Area of City Impact:
Total Acres: 80 _ 04
Block:
Meridian
OWNER:
Name: Lee Centers
Address: 3779 S. Linder Road
City: Mer; di an State: ~ Zip: 83642
Telephone: Fax:
APPLICANT:
N~e: L.C. Development
Address: P.O. Box 518
City: Mer; di an
TelephoneB88-1852
State: ~ Zip:
Fax:
83680
I consent to this application and allow Development Services staff I certify this information is correct to the best of my knowledge.
to enter the property for site inspections related to this application.
~~
Signature: (Ovroer)
S'--72::Si~ c:~
J-/..2--0/
Date
OFFICE USE ONLY
File No.: 6 lr C' ~ - Z Co Received By: 711 Date: "S-.t4 Log:
X-Ref.: C \ - 0 -4 - ;::, History Map: Stamped: Fee/GIS:
612.0/00 C-"-e
Z:\SharedEngr\PZF=\2000 Zaning: Ordinance\Applications\Zonmg Map Amendment.doc
Preliminary Pll
A,DA COUNTY DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702
.J
(
www.adaweb.net [ (208) 364-2277
SUB MITT ALS:
1. 12:9 Detailed letter by the applicant.
2. ~ Metes and bounds legal description of the property to be subdivided.
3. ~ Parcel map. Available from the Assessor's office on the 4th floor of the County building.
4. ~ Neighborhood meeting certification.
5. ~ Pre-application conference notes.
6. I6J Warranty deed or evidence of proprietary interest.
7. B1 Preliminary plat. (Two copies)
8. [gJ Natural features analysis. (Two copies)
9. .J2:Sl Subdivision name approval from the COUnty Engineer.
10. IE Restrictive covenants, if proposed.
11. ~ Open space management plan. (Required for non-farm subdivisions.)
12. gJ Concurrent applications, as applicable.
13. [J Proper fee. (Cash, cashier's check or money order.)
o Multiple copies. Once staff notifies you that application is complete, you must submit 25 additional packages containing:
o Application form 0 Application letter 0 Preliminary plat (folded to fit in a 9"x 12"envelope)
GENER...u INFOR.\tIATION:
Resen'ed subdivision name: Powder Ri ver $ubdi vi s ion
Total number of dwellings: 215 Dwelling units per acre: 3 _ 07 Net; 2.68 Gross
Are you requestiIJ.g zero lot line setbacks?
\Vater provider: Mer; di an Ci ty or
United Water
No
If yes, on what lors?
Sewage disposal: Pr; va te Sewage "0; ~tri ct
STfu'IDARD SUBDMSIONS
Lot Types
Residential
Commercial
Industrial
Common (landscape. utility, or other)
Oren space
'Other we
Number of Lots
Acres
Total
227
~ON-F ARty! SUBDIVISIONS
80.04
Lot Types Number of Lots Acres % Acres
Rural residence
Common
Open space I t :'511'Q rn~n~)
TOTAL 100
OFFICE USE ONL Y
File No.: C lo, L;A.@ 5 Received By: c'JJ- Date: ? - J -\ -c.; I Log:
,7
X-Ref.: 0 \. lb., .:: "T II History Map: Stamped: Fee/GIS:
lOll 8/00
[;\:!(x)O Zl1n;:lg Ordinance\Applic:llions\Preliminary P]atdoc
(
Preliminary Plat
Page 2
SITE INFORMATION:
Location: Quarter: 3 Section: 25
Subdivision Name: Powder Rive~. S~bdivision
Site Address: 3770 S. Linder Road
Tax Parcel Number(s): 51225233900
SZZtl3Z5650
51225314813
Township:
3N
Range:
Lot:
1W
Total Acres: RO 04
OWNER:
Name: Lee Centers
Address:3770 S. Linder Road
City: . Meri di an State: Id
Telephone: Fax:
Zip: 83642
APPUCANT:
Name; L.C. Development
Address: P.O. Box 518
City: Me ri d i an
Telephon~88-1852
Block:
Area of City Impact: Meri di an
Representative & Contact Person
Shawn L 'Nickel
Hubble Engineering3 Inc. 322-8992
Zoning: RUT
State:
Fax:
Id
Zip: 83680
I consent to this application and allow Development Services staff I certify this infonnation is correct to the best of my knowledge.
to enterthe property for site inspections related to this application.
~/-~
Signature: (Owner)
]-;.2-0( ~ ~
Date Signature: (Applicant)
:3 -! 2 --'0/
Date
-'
HUBBLE ENGINEERING, INC.
701 S. Allen St., Sufte 102 . Meridian, JD 83642
208/322-8992 . Fax 208/378-0329
March 13,2001
Board of Ada County Commissioners
650 Main Street
Boise, Idaho 83702
. RE: Powder River Subdivision Preliminary Plat, Zone Change and Property
Boundary Adjustment - Letter of Intent
Dear Commissioners;
As representative for LC Development, Inc., please accept this application for Powder
River Subdivision, located on the east side of Linder Road, ~ mile south of Victory
Road, Meridian, Idaho, Section 25, Township 3 North, Range 1 West of the Boise-
Meridian. Powder River includes 80.04 acres and has been designed with 215 single-
family dwelling lots and includes a request for zone change from RUT (Rural-Urban.
Transition) to R4 (Medium Low Density Residential). A net density of 3.08 dwelling
units per acre is being proposed.
The enclosed applications for a preliminary plat and zone change have been submitted in
accordance with the requirements of the Ada County Zoning Ordinapce. The proposed
density is in compliance mth the Meridian City Comprehensive Plan. The property lies
within the Meridian City Area of Impact and the Urban Service Planning Area
An R4 zoning designation is being requested for this subdivision and a wide range of lot
sizes is proposed. The minimum lot size mthin this subdivision will be 8,000 square
feet, mth an overall residential gross density of 2.68 dwelling units per acre. The
residential lots will range in size from the minimum 8,000 to approximately 19,000
square feet with the average lot size being 10,479 square feet. At the request ofllie Ada
County Development Services sta:ff, a future zoning map has been provided with this
submittal that indicates the proposed density of this subdivision and the future proposed
density of the property to the north that is also owned by this developer. Together, a net
density of 3 dwelling units per acre is achieved. This density would put the current
subdivision and any future subdivision by this developer in compliance with the Meridian
Comprehensive Plans designation oftbis area at a minimum of 3 duJacre.
Each lot mIl meet the design and dimensional standards of the Ada County Code. All
streets will be public and constructed to Ada County Highway District standards. Sewer
service is being provided through an on-site private wastewater treatment facility (please
see accompanying conditional use permit letter of intent from B&A Engineers, Inc). This
system will be contained within a portion of Lot 1, Block 2 of the preliminary plat.
Water mIl be provided by an on-site community well (Lot 8, Block 2). This well will be
(
constructed by the developer and dedicated to either the City of Meridian or United
Water for operation and maintenance. Drainage will be handled by surface and
subsurface methods and will be designed to the standards of all appropriate regulatory
agencies.
A property boundary adjustment application is being provided as part of this request to
adjust the north boundary of the property where the collector street (Five Rivers Drive)
and a portion of Lot 1, Block 2 (open space) are connected to the development. The
developer o~ both parcels being affected by the requested adjustment.
The development has been designed with 10.13 acres (12.7%) of common space,
including landscaping along Linder Road and the residential collector street (Five Rivers
Drive), a pond and open space between the two accesses from Linder Road and a .95-acre
park located at the northeast comer of the development (Lot 10, Block 10). These
common areas will provide for a variety of open space activities throughout the
development.
In all, we fee] that Powder River Subdivision will be a quality addition to the south
Meridian area. We believe a zone change to R4will benefit the public interest by
allov,..ing a \Vide range of lot sizes and housing styles to this area of the County. The
proposed subdi'vision has been designed by taking into consideration comments and
suggestions from the neighboring property owners in an effort to provide a compatible
development to existing residential land uses L.""1 L~e area We look forward to working
v."ith you and your staff and request approval of this project. If you have any questions,
please do not hesitate to contact me at 322-8992.
Sincerely,
~~~
Shawn 1. Nickel, Director of Planning
Representing LC Development, Inc,
2
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CUP 99-039
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT Touchmark Living Centers ITEM NO. 3-H
REQUEST Findings - CUP for PUD including continuing care retirement
community, single- and multi-family residential and office and retail use for
Touchmark Living Centers - e/o St. Luke's btw Franklin Road and Interstate 84
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See previous Item packet
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f/f
Date: 51! cf
Phone: 3L/L/-CJ'700
Contacted: Richard Cook
Materials presented at public meetings shall become properly of the City of MerIdIan.
May 12,2001
RZ 01-002
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT Idaho Banking Company ITEM NO. 3-D
REQUEST Findings - RZ of 0.51 acres from R-4 to 1-0 for Idaho Banking Company
403 West Cherry Lane
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: H/I.J1f...- MM Lu WwrLl/L
See attached Findings
yO JJU
WpP
Date: t;;J14-! &1 Phone: 4-10>. -4-70 J
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
. REQUEST FOR REZONE OF
APPROXIMATELY O.5IACRES
. FOR PROPOSED OFFICE USE
LOCATED AT 403 W. CHERRY
LANE, MERIDIAN, IDAHO
IDAHO BANIGNG COMPANY,
Applicant.
C/C 05-01-0 I
)
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Case No: RZ-OI-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 0.51 acres
having come on for public hearing on May 1,2001, at the hour of 6:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and appearing and testifying on behalf of the Applicant was Anne
Marie Downen, and the Council having received the record of this matter made
before the Planning and Zoning Commission, and having received their
Recommendation to the City Council, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY! (RZ-OI-002) - I
I. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
May I, 200 I, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
. hundred feet (300') of the external boundaries of the property under consideration
. more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the May 1, 200 I, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City
Code SS 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title II and Title 12,
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIONG COMPANY / (RZ-OI-002) - 2
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 0.51 acres in size. The property
is generally located at 403 W. Cherry Lane, in Meridian, Idaho, and is described as
follows:
. The parcel of land described herein was not surveyed and the description is taken
from the historical deeds and is considered by the Land Surveyor to be the parcel
. including portions subsequently deeded to the Ada County Highway District and
such lands are left within the description so as to assure total inclusion for land
planning and zoning purposes.
The following parcel of land is located within the State of Idaho, County of Ada and
is described as follows:
A portion of the northwest quarter of the northeast quarter of Section 12, Township
3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and is more particularly
described as follows:
Commencing at the quarter corner common to Section I and Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho;
Thence along said section line common to said Sections 1 and 12 bearing South
89051' East a distance of 1,233.00 feet to the point of beginning;
Thence South 00002' West a distance of 159.50 feet;
Thence South 890 51' East a distance of 158.00 feet;
Thence North 000 02' East a distance of 159.50 feet;
Thence North 890 51' West a distance of 158.00 feet to the point of beginning.
5. The owner of record of the subject property is Idaho Banking
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 3
Company of Meridian, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is a vacant
chiropractor's office.
8. The Applicant requests the property be rezoned to Limited
. Office. (L-O).
9. The proposed site is surrounded by a mobile home park, zoned R-
8, a constntction business zoned L-O, single family residences, zoned R-4 and R-8,
multi-tenant commercial buildings zoned L-O and an apartment building zoned R-4.
The site is located on the south side of Cherry Lane at the intersection of Cherry
Lane and E. 3rd Street.
10. The subject property is within city limits of the City of Meridian.
II . The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: rezone for office use.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROV Ai OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 4
Urban.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
. City Code ~ 11-15-1lfor the General Standards that the Commission and Council
. review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
15.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
15.3 The proposed use will 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,
subject to the conditions of the conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
15.5 The area will 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;
15.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM Rw4 TO L-O
BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 5
15.7 The use will 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;
15.8 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
15.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of
Meridian.
15.2 Staff conditions provide as follows:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
follows:
15.2.1 The existing site does not conform to the current standards of the
Landscape Ordinance. The square-footage of the existing structure shall
not be increased without bringing the site into compliance with all
current ordinances. Tenant improvements that do not increase the
square-footage of the structure may be considered under the current lot
configuration.
15.2.2The parking lot striping is old and difficult to see. At a minimum, the
parldng lot shall be restriped and include handicap-accessible stall(s) in
conformance with the Americans with Disabilities Act (ADA), prior to
occupancy of the next tenant. When the existing asphalt is removed
and replaced, parldng lot standards of the Landscape Ordinance shall
apply.
15.2.3Assessments for sewer and water service are determined during the
building permit application process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R.4 TO L-O
BY: IDAHO BANKING COMPANY I (RZ-OI-002) - 6
15.2.4A Development Agreement shall not be required for this application.
Adopt the Recommendations of the Ada County Highway District as follows:
15.2.5Replace damaged curb, gutter and/or sidewalk on Cherry Lane and 4th
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements, subject to approval of the District.
15.2.6Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
15.2.7Restrictions on the width, number and locations of driveways, shall be
placed on future development of this parcel.
15.2.8Additionally, Applicant shall comply with all of the Standard
Requirements listed in ACHD's letter dated March 22, 2001.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975'\ codified at Chapter 65, Title 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4,1994.
3. The requested zoning of Limited Office District, (L-O) is defined in the
Zoning Ordinance at 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY / (RZ-OI~002) - 7
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-Q District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
4. Idaho Code ~ 67-6511 provides and requires that the City
. shall establish by ordinance one or more zones or zoning districts in accordance with
. the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code 9 67-6511Aprovides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a \VYitten commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code 9
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a \VYitten commitment concerning the use or
development of the subject property.
7. 9 11-6-1 ZONING DISTRICT MAP provides in part as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY I (RZ-OI-002) - 8
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
7.2 Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
7.3 Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of said
railroad line.
8. 9 II-IS-IIof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANKING COMPANY I (RZ-01-002) - 9
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
8.4 There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
8.5 The proposed uses will 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;
8. 6 The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
8.7 The area will 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;
8.8 The use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
8.9 The proposed uses will 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;
8.10 The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANKING COMPANY / (RZ-OI-002) - EO
8.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
. FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
. ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant1s request for rezone of approximately 0.51 acres
for construction and development of an office use is granted, subject to the terms and
conditions of this Order hereinafter stated; and
2. The following special tenns and conditions of use and
development relate to this application to-wit:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
follows:
2.1 The existing site does not conform to the current standards of the
Landscape Ordinance. The square-footage of the existing structure shall
not be increased without bringing the site into compliance with all
current ordinances. Tenant improvements that do not increase the
square-footage of the structure may be considered under the current lot
configuration.
2.2 The parking lot striping is old and difficult to see. At a minimum, the
parldng lot shall be restriped and include handicap-accessible stall(s) in
conformance with the Americans with Disabilities Act (ADA), prior to
occupancy of the next tenant. When the existing asphalt is removed
and replaced, parking lot standards of the Landscape Ordinance shall
apply.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 11
2.3 A'lsessments for sewer and water service are determined during the
building permit application process.
2.4 A Development Agreement shall not be required for this application.
Adopt the Recommendations of the Ada County Highway District as follows:
2.5 Replace damaged curb, gutter and/or sidewalk on Cherry Lane and 4th
Street with new curb, gutter and/or concrete sidewalk to match existing
improvements, subject to approval of the District.
2.6 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.7 Restrictions on the width, number and locations of driveways, shall be
placed on future development of this parcel.
2.8 Additionally, Applicant shall comply with all of the Standard
Requirements listed in ACHD's letter dated March 22,2001.
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(Meridian City Code 9 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
Meridian City Code 9 11-21-1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANKING COMPANY / (RZ-OI-002) - 12
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67~6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning may, within twenty-eight (28) days after the date of this
. decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
. Code.
By action of the City Council at its regular meeting held on In <<J
IS-
,
2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~CV
VOTED~
VOTED-#-CL
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: f}-IS--O!
VOTED
MOTION: ~
APPROVE .
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L~O
BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 13
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Bydl~,p~ !)
. City Clerk
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .051 ACRES FROM R-4 TO L-O
BY: IDAHO BANKING COMPANY / (RZ-OI-002) - 14
r
April 13, 2000
CUP 99-039
MERIDIAN CITY COUNCIL MEETING
APPLICANT Touchmark / Joseph Billig
April 18, 2000
ITEM NO.
F
REQUEST CUP for planned-unit development including continuing care retirement
community, single- and multi-family residential and office and retail use
AGE.NCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
See attached Findings
~~l
f) rvlt
Ij;
. ~1
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INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
~w -' t11 0 0 !:?(ui&vJ 41 ( +-- UlA 2;'lA-
interoffice
MEMORANDUM
To:
William G. Berg, Jr. /)
William F. NiCh01SJ
TOUCHMARK LIVING CENTERS, INe.
D lLi' r: l~-' J -1f,JT71 r)
JJ;V "-.J JL:.,J ~ ~'~:1 U
From:
APR 1 1 2000
CITY OF lVIEHIDllu'J
Subject:
File No.:
CUP-99-039
Date:
April 10, 2000
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their April 4, 2000, meeting. The Findings will be on the Council's
agenda for their April 18, 2000, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
msg/Z:\ W ork\M\Meridian 153 60M\T ouchmark Living Centers\ClkLtrCUPffcls&Order
BRIGGS ENGlaJEERING.lnc.
ENGINEERS/~/SURVEYORS
1800 West Overland Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail briggs@micron.nel
March 9, 2000
Steve Siddoway
Bruce Freckleton
City of Meridian
200 E. Carlton, Suite 100
Meridian, ldaho 83462
Re: Touchmark Living Centers
(Response to Staff Comments Dated February 29, 2000)
Dear Steve and Bruce:
1. L-O Zoning designation is acceptable.
2. See attached letter from Touchmark addressing the parking formuias. Parking stall
dimensions will meet or exceed Meridian Standards.
3. A pianting list with varieties and sizes has been added. Landscape notes addressing parking
lot/tree calculations is delineated on Sheet 6. Sheet 2 provides for exterior landscaping
(Franklin and 1-84 for phase 1).
4. A Design Standard Matrix was submitted.
5. The applicant understandS that a Conditional Use Permit Application will be required for
each phase.
6. The applicant will dedicate and constrUct public right-of-way to the east boundary of
Montvue Subdivision.
The applicant will provide a cross access easement to the out parcel that fronts on Franklin
Road. This wil1 provide perpetuai ingress and egress through the project roadway system.
7. A drainage plan for al1 private streets and parking areas will be submitted for City review
and approval.
8. The location of internal building identification signage is delineated on Sheet 4.
External project signage elevations and specifications are deiineated on Sheet 6.
9. Fencing locations, eievation and specifications are listed on Sheet 6.
10. A phasing plan can be found on Sheet 6. .
11. The unit count and densities are addressed in the Touchmark. letter dated March 6, 2000.
12. Lot and block numbers have been added to Sheet 4.
13. A copy of the phase 1 and overall site pian were sent to Skip at Meridian Fire Department
for his review. EXHIBIT "A" 1 OF 4
980601 \Meridian.ltr2
f/
TouchPlark Development & (C~struction Co.
5150 SW Griffith Drive .
Beaverton, Oregon 97005
503-646-5186,503-644-3568 FAX
Transmittal
Date;
March 6, 2000
Method: fax. 2 pages
108-887 ~ 1297
To: Steve SiddoW2Y
Bruce Freckleton
City of Meridian
cc: Becky Bowcutt, Scott WillhitelDTJ
From: Joseph A. Billig
Subject: P&Z ~ues
Project: Toucbmark of the Trell.!un! Valle)'
Meridian, ldaho
Dear SteveIBruce
Thank: you for the opportunity to meet with you and review your comments. I want to clarify a couple of
issues that were raised at our me:ting.
Unit Count :and DCD..!lities.
Currently we are !lhClwing a range of337-475 single and multi family units on our conceptual master
pian. The actual count on the mastCT phm that we ha.ve submitted designates 343 units in the fonn of
duplexes, single family, alley loaded products and multi family or town-homes.
We request a fmal approval for 400 units of~ products. This will allow us to deveiop new
products to increase density aIIlf allow for so'nre1fucrustion in the market
In the CeRe, we have designated a range oDOO-350 units. After fmal review, we would request
approval for 282 units.
-
Parking couut:!
Touchmark has been has been successful in using a fonnu}a of .75 units per space in it's communities to
provide adequate parking for it's residents, staff and visitors.. With a final count of282 units in the
CeRe this would require 211 space!>. In addition we expect a full time staff of 150 at full build out, with
55% maximum on a. shift. This would require 1\, parking requirement of &2 units for staff, bringing our
grand roml to 293. Currently we are providing 299 spaces in the form of on site and underground
parking. Further, 64 of our units would be a higher acuity Ie-vel of Cart; where the residents will not be
driving. Averaging the Meridian requirements of 1 space per 5 units for nursing homes and I space per
unit for boarding homes, we fed our practice of .75 !>paces per unit in addition to a t to 1 staff
requirement will adequately cover our parking needs.
TB1D0020.doc
EXHIBIT "A" 3 OF 4
l"lHR-0c.-2000 08: 07
503 E.44 3568
,-'r'.'
:,-i-..
F.Ol
ri
,.
i;
i
14.
15.
16.
17.
18.
Sincereiy,
I spoke with Kenny(.... ~wers on March 7, 2000 about reviewingC. site plan. We discussed
the gated concept, Mr. Bowers indicated opti-com gates would be preferred by the Fire
Department. -
The site plan was reviewed by Briggs Engineering staff for compliance with the Uniform
Fire Code. The rotaries depicted meet the standards. All streets will be constructed to meet
Fire Department Requirements. It appears minor radius adjustments will be required for the
cottage cul-de-sacs to meet UFC.
Sewer, water, pressure irrigation, storm drainage and private street plans will be submitted
for Public Works review and approval.
A Property Line Adjustment Survey will be submitted to Ada County and approved prior to
annexation.
Parking lot design will conform to the Standards of the Ordinance.
The height of the CCRe facility will not exceed 50 feet. (See Sheet 7)
The applicant will coordinate with ACHD, Meridian Public Works and Meridian Fire
Department concerning gate locations and design.
EE~nc
Becky L. Bowc
Land Use Planner
BLB:fc
EXHIBIT "A" 2 OF 4
98060 I \Staff Response
v
o.,/,C
J
TI1ank you again for the opportunity to review these points. Becky Bowcutt will be submitting our
revised package on Thursday March, 9,2000. Plesse feel free to call me at 503-807-4172 if you have
any questions or concerns.
~~.
Joseph A. Billig
Design Studio Manager
. Touchmark Living Centers.
MHR-05-2000 08;07
503 544 3558
r, n......
r ~ t:..tc
EXHIBIT "A" 4 OF 4
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR PLANNED )
UNIT DEVELOPMENT IN AN L- )
OZONE )
)
TOUCHMARI(LnnNG )
CENTERS, INC./JOSEPH A. )
BILLIG, )
)
APPLICANT. )
)
)
04-10-00
Case No. CUP-99-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on April 4, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33
East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark, Assistant Planner for the
Planning and Zoning Department, appeared and testified, and appearing and testifying on
behalf of the Applicant was Becky Bowcutt, Bernie Neal, and Steve Bradbury, and
appearing and testifying in opposition or with comments or concerns were: Richard Willis,
Glenn Griffith, Natalie Fuss, Trisha Griffith, Forrest Kerns, Jeff Fuss, Wesley Hoalst, John
McCreedy, and Chuck Gearsdorf, and the City Council having duly considered the
evidence and the record in this matter and the Reconunendations to City Council issued
by the Planning and Zoning Commission who conducted a public hearing and the Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - I
having heard and taken oral and written testimony, and having duly considered the
matter, the City Council hereby mal<es the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for April 4, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (3001) of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
April 4, 2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 2
3. This proposed development request is in an (L-O), Limited Office District, by
reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the south side of Franklin Rd., between Eagle
Road and Cloverdale Road, Meridian, Idaho.
5. The owner of record of the subject property is Touchmark Living Centers,
Inc. of Beaverton Oregon.
6. Applicant is the owner of record.
7. The subject property was zoned R-3. The zoning district of R-3 is defined
within the City of Meridian Zoning and Development Ordinance, Section 1I-7-2B.
8. The proposed application requests a conditional use permit for a planned
unit development for a Mixed Use Retirement Community consisting of 250-300 units of
independent and assisted living, 450 units of residential including single-family, duplexes,
multi-family, and townhomes, medical office parks, commercial and retail businesses, and
a community senior health and fitness center. The L-O zoning designation within the City
of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning
and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 3
(
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of Planning and Zoning and Engineering staff as follows:
12.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
12.2 Any existing domestic wells ancllor septic systems within this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 4
12.3 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
12.4 Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
12.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
12.6 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section.
12.7 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
12.8 Provide five-foot-wide sidewalks in accordance with City Ordinance.
12.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
12.10 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
12.11 This Conditional Use Pennit is for the overall concept and phase one only.
Future phases of the project will require separate Conditional Use Pennits
for each phase.
12.12 Conceptually (based upon the submitted Master Concept Plan dated
2/8/00), the project is in accord with the purpose of Planned Developments
as outlined in the Subdivision & Development Ordinance.
12.13 Number of Units: The proposed number of units must be verified by the
applicant and approved as part of the CUP. Applicant shall submit the
maximum number of dwelling units and the number currently shown on the
concept plan for approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 5
(
12.14 Planned Development Regulations: As a mixed/planned use development,
the Touchmark development must comply with the following sections of the
subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6
General Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential areas must
comply with 12-6- 8-A Design Standards for Planned
Development-Residential. All commercial and office uses must comply with
12-6-8-B Design Standards for Planned Development-Commercial.
12.15 Colored Rendering: The colored renderings submitted on 2/8/00 meet the
intent of Section 12-6-4 of the PD ordinance and will be used to regulate
future phases of the project.
12.16 Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68,
para. 1.18) and the Subdivision Ordinance (12-6-6-G) require that variations
pertaining to a PD1s bonus density shall not exceed 25% of the existing
requirements. The submitted development standards matrix for the cottage
homes in Phase 1 has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
12.17 Homeowner1s Association Covenants: Because the property will be owned
outright by Touchmark Living Centers and will not be platted, the PD
requirement to submit owners association bylaws shall be waived.
12.18 Open Space: All Planned Developments (PD) are required to have at least
10% of the gross land area of the PD as common open space as 12-6-7-E-5.
This requirement appears to be well exceeded. However, the actual
acreage/percentage should be submitted by the applicant as part of the
Conditional Use Permit. Standard practice has been that residential PD's
cannot count required buffers and landscape setbacks toward the 10% open
space requirement, but cOlmnercial PD's have been allowed to count it. The
Touchmark project is a mixture of both uses and should fall somewhere in
between.
12.19 Total site acreage for the Touchmark project is 134.2 acres. 10% would be
13.4 acres. The project includes 8.8 acres of developed park land (6.6%).
If the landscape buffers were included, 10.2 acres, it would be a total of
( 14.2%). This does not include the undeveloped grass areas surrounding the
Care Center. The concept plan is in compliance with the 10% rule. All open
space delineated as common open space must meet all standards of 12-6-7 -E.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 6
12.20 Parking: Parking is proposed at .75 spaces per unit at the Continuing Care
Retirement Center. This parking will serve not only residents of the Care
Center, but also employees and visitors. This standard seems that it may be
too low. Phase one of the Care Center functions more like a boarding house
than a nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed plus one
space per employee on the largest shift shall be required. Future phases may
obtain a reduced standard based on their use and projected parking needs.
Applicant shall increase the number of handicapped parking stalls beyond
the minimum for residents of the Care Center. The applicant shall verify the
number of parking stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum dimensions as
required by City Ordinance.
12.21 Parking Lot Landscaping: All parking areas within the development should
be required to provide landscape islands within the parking lot, with no
more than 12 parking spaces in a row without an island. Islands serving a
single row of parking shall have one tree. Islands serving a double row of
parking shall have two trees. A minimum of one 311 caliper tree per 1500
square feet of asphalt (including driveways connecting from the loop road)
is required per City Ordinance.
12.22 Streets and Circulation: The Concept Plan is based on a network of public
and private streets. ACHD has approved the concept network of streets, but
still has an outstanding issue with the gates. The applicant shall state their
intent regarding the gates I operation and the times they will remain open
and closed as part of this CUP. The Touchmark Development Agreement
with ACHD shall be a condition of the CUP.
12.23 Landscape Setbaclcs: The following landscape buffers will be required:
* 50 feet minimum along 1-84 (will allow an 8' berm at 3: 1 slope)
* 35 feet minimum along Franldin Road beyond required right-of-way
* 20 feet minimum adjacent to the Montvue Subdivision
* 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal
easement) .
Franldin Road and 1-84 are both designated in the Meridian Comprehensive
Plan as entryway corridors. Landscape setbaclcs are encouraged for all
entryway corridors. The berm along 1-84 may exceed the 3:1 slope (up to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARl(
LIVING CENTERS, INC. (CUP-99-039) - 7
2:1) to achieve maximum height if no grass is planted on the berm that
would require mowing. The cottage homes along 1-84 should will be
required to measure their rear setbacks from the edge of the landscape
buffer.
The submitted landscape plan does not include a concept plan for the 35'
landscape setback along Franklin Road. Applicant shall submit a landscape
plan to be approved as part of the CUP. At a minimum, the construction of
the first lOO feet of landscaping on either side of the entry road be required
as part of Phase 1. The Applicant shall submit a list of typical tree species
to be used as part of the project.
12.24 Access: Consideration should be given to the need for public access by the
Montvue Subdivision residents to Franklin Road through the Touchmark
development. The proposed public street access stubbed to Montvue meets
this requirement. The applicant shall also dedicate unobstructed
right-of-way to the outparcel currently owned by Lyle Bair prior to applying
for a Certificate of Zoning Compliance.
12.25 Signage: The proposed entry signage concept shovvn on sheet 5 of the
2/8/00 submittal is recommended for approvaL Signage details (size and
location) for any freestanding signs associated with the Care Center must be
provided and approved as part of this application.
12.26 Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers, motorhomes, and trailers. The proposed storage area (0.7
acres) for phase 1 has been approved, and this might be sufficient for all
phases, but additional storage may be required with future phases if the
demand for such space exceeds supply.
12.27 Maintenance Building: A maintenance building or approved area shall be
provided that is suitable for the services required for the repair and
maintenance of all common areas as per Section 9-607.B.3. The
maintenance facility shown on the proposed site plan dated 2/8/00 meets
this requirement.
12.28 Irrigation: Underground pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based on
the proposed landscaping. Due to the landscape area required, primary
water supply connection to the City's mains will not be allowed. Developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 8
shall be required to utilize any existing surface or well water for the primary
source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
12.29 Fences & Walls: No fencing details have been submitted for the boundaries
of the project. A fencing plan for boundaries of the project shall be
submitted for approval as part of this application. Fencing details are usually
submitted with the preliminary plat; however, this project is not going to be
platted. Fencing shall be designed considering public safety and aesthetics
that match the high quality of the development.
12.30 Tree-lined Streets: Staff supports the Concept Plan's ~epiction of tree-lined
streets. This should be translated into a requirement for one 2" caliper
(min.) tree per 35 lineal feet of frontage along all Collectors and Residential
Collectors shown on the Concept Plan.
12.31 Cross Access Agreement: A cross-access agreement will be required to access
the development via St. Luke's private road network.
12.32 Phasing: If the project is to be phased in over time, a phasing plan must be
submitted and approved as part of this application.
12.33 Private Roads: The private road system must be approved by City Council.
The Meridian fire department should comment on the proposed street
widths and roundabouts. Planning and Zoning supports the proposed road
sections. Applicant shall submit a letter of approval from the Ada County
Street Naming Committee prior to applying for a Certificate of Zoning
Compliance.
12.34 Sidewalks: .As a senior community that has low traffic volumes and heavy
pedestrian use, the development will require significant pedestrian amenities.
The sidewalk details submitted are approved and required as part of this
application.
12.35 The proposed Planned Development design elements of detached garages,
shallower setbacks, and parkways along the road system are approved.
12.36 Lot line adjustments required for the land swap with St. Luke's must be
completed through Ada County prior to finalization of the annexation and
zoning of the property into the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 9
12.37 Applicant must submit a lot plan designating lot and block numbers for the
purpose of tracking building permits, since the site will not be platted.
12.38 The City of Meridian was negotiating with the former owner of the property,
Ed Bews, to acquire the existing well located near the northwest collector
road. The City is still in need of additional water supply in this area and is
interested in working with the applicant to utilize this well to supplement
the City's domestic system and to serve this project.
12.39 Sanitary sewer service to this site will be via extensions from existing mains
installed in adjacent streets or developments. Applicant shall be responsible
to construct the sewer mains to and through this proposed development.
Project designer to coordinate sizing and routing with the Public Works
Department.
12.40 Water service to this site will be via extensions of existing mains installed in
adjacent streets or developments. Applicant shall be responsible to construct
the water mains to and through this proposed development. Project designer
to coordinate main sizing and routing with the Public Works Department.
Flow and pressure from the existing mains should be monitored with the
Meridian Water Department to determine whether adequate fire protection
exists.
12.41 Water service to this development is contingent upon positive results from
a hydraulic analysis by our computer model.
12.42 Provide the Public Works Department with information on anticipated fire
flow and domestic water requirements for the proposed site.
12.43 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian for all commercial uses. An assessment agreement is a
vehicle that protects the City of Meridian and the Developer in the event
that estimated assessments are not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment
of assessments, and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
12.44 Applicant shall coordinate locations and construction requirements of the
required trash enclosures with Meridian Sanitary Service, Inc., and provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMAR1(
LIVING CENTERS, INC. (CUP-99-039) - 10
a letter of approval from their office when applying for a Certificate of
Zoning Compliance.
12.45 All conditions placed on this application shall run with the land and shall
not lapse or be waived as the result of any change in tenancy or ownership
of any or all of the lands governed by this CUP application. All such
conditions shall be deemed the requirements for the issuance of a Certificate
of Occupancy for any use or stnlcture as per City Ordinance.
12.46 Applicant shall utilize the Ada County Highway Districts design standards
for the private streets within this development, with the exception of width
requirements. Street designs shall be reviewed and approved by the City of
Meridian Public Works Department.
Additionally, the Planning and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A" dated March 6 and March 9,
2000, letters; Phase I Office Park will not be approved as part of this Conditional Use
Permit, the road stub to Montview is not part of Phase I.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Mixed/Planned Use".
14. The uses proposed within the subject application subject to the conditions
herein ordered will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance or intended character of the general vicinity and that such
uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 1 I
16. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will 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.
18. The development will not result in the destruction, loss or damage of natural
or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act"
codified at Chapter 65, Title 67, Idaho Code (I.c. &67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a Planning and Zoning Conunission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter 1,
Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 12
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code S 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will 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;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will 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 conditional use
shall be able to provide adequately any such services;
f. 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARl(
LIVING CENTERS, INC. (CUP-99-039) - 13
i
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that vvill be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Limited Office District (L~O),
. a public hearing shall be conducted vvith notice to be published and provided to property
owners or purchasers of record vvithin three hundred feet (300') of the external boundaries
of the land under consideration for the conditional use permit all in accordance vvith the
provisions of Meridian City Code s 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall go
before the City Council without a public hearing and the COUl1cil may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 14
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code S 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
I. That the above named applicant is granted a conditional use permit for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 15
existing church facility with a new sanctuary addition and paved parking and landscaping,
subject to the following conditions of use and development:
1.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
1.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
1.3 Off~street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
1.4 Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
1.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
1.6 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section.
1.7 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance.
1.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 16
1.10 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
1.11 This Conditional Use Permit is for the overall concept and phase one only.
Future phases of the project will require separate Conditional Use Permits
for each phase.
1.12 Conceptually (based upon the submitted Master Concept Plan dated
2/8/00), the project is in accord with the purpose of Planned Developments
as outlined in the Subdivision & Development Ordinance.
1.13 Number of Units: The proposed number of units must be verified by the
applicant and approved as part of the CUP. Applicant shall submit the
maximum number of dwelling units and the number currently shown on the
concept plan for approval.
1.14 Planned Development Regulations: AB a mixed/planned use development,
the T ouchmark development must comply with the following sections of the
subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6
General Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential areas must
comply with 12-6-8 -A Design Standards for Planned
Development-ResidentiaL All commercial and office uses must comply with
12-6-8-B Design Standards for Planned Development-CommerciaL
1.15 Colored Rendering: The colored renderings submitted on 2/8/00 meet the
intent of Section 12-6-4 of the PD ordinance and will be used to regulate
future phases of the project.
1.16 Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68,
para. 1.18) and the Subdivision Ordinance ( 12-6-6-G) require that variations
pertaining to a PDls bonus density shall not exceed 25% of the existing
requirements. The submitted development standards matrix for the cottage
homes in Phase 1 has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
1.17 Homeowner's ABsociation Covenants: Because the property will be owned
outright by Touchmark Living Centers and will not be platted, the PD
requirement to submit owners association bylaws shall be waived.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 17
1.18 Open Space: All Planned Developments (PD) are required to have at least
10% of the gross land area of the PD as common open space as 12-6-7-E-5.
This requirement appears to be well exceeded. However, the actual
acreage/percentage should be submitted by the applicant as part of the
Conditional Use Permit. Standard practice has been that residential pns
cannot count required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to count it. The
Touchmark project is a mixture of both uses and should fall somewhere in
between.
1.19 Total site acreage for the Touchmark project is 134.2 acres. 10% would be
13.4 acres. The project includes 8.8 acres of developed park land (6.6%).
If the landscape buffers were included, 10.2 acres, it would be a total of
(14.2%). This does not include the undeveloped grass areas surrounding the
Care Center. The concept plan is in compliance with the 10% rule. All open
space delineated as common open space must meet all standards of 12-6-7 -E.
1.20 Parking: Parldng is proposed at .75 spaces per unit at the Continuing Care
Retirement Center. This parldng will serve not only residents of the Care
Center, but also employees and visitors. This standard seems that it may be
too low. Phase one of the Care Center functions more like a boarding house
than a nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed plus one
space per employee on the largest shift shall be required. Future phases may
obtain a reduced standard based on their use and projected parldng needs.
Applicant shall increase the number of handicapped parking stalls beyond
the minimum for residents of the Care Center. The applicant shall verify the
number of parldng stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum dimensions as
required by City Ordinance.
1.21 Parking Lot Landscaping: All parldng areas within the development should
be required to provide landscape islands within the parking lot, with no
more than 12 parldng spaces in a row without an island. Islands serving a
single row of parldng shall have one tree. Islands serving a double row of
parking shall have two trees. A minimum of one 3" caliper tree per 1500
square feet of asphalt (including driveways connecting from the loop road)
is required per City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 18
1.22 Streets and Circulation: The Concept Plan is based on a network of public
and private streets. ACHD has approved the concept network of streets, but
still has an outstanding issue with the gates. The applicant shall state their
intent regarding the gates' operation and the times they will remain open
and closed as part of this CUP. The Touchmark Development Agreement
with ACHD shall be a condition of the CUP.
1.23 Landscape Setbacks: The following landscape buffers will be required:
* 50 feet minimum along 1-84 (will allow an 8' berm at 3: 1 slope)
* 35 feet minimum along Pranldin Road beyond required right-of-way
* 20 feet minimum adjacent to the Montvue Subdivision
* 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal
easement) .
Pranldin Road and 1-84 are both designated in the Meridian Comprehensive
Plan as entryway corridors. Landscape setbacks are encouraged for all
entryway corridors. The berm along 1-84 may exceed the 3:1 slope (up to
2: 1) to achieve maximum height if no grass is planted on the berm that
would require mowing. The cottage homes along 1-84 should will be
required to measure their rear setbacks from the edge of the landscape
buffer.
The submitted landscape plan does not include a concept plan for the 35'
landscape setback along Pranldin Road. Applicant shall submit a landscape
plan to be approved as part of the CUP. At a minimum, the construction of
the first 100 feet of landscaping on either side of the entry road be required
as part of Phase 1. The Applicant shall submit a list of typical tree species
to be used as part of the project.
1.24 Access: Consideration should be given to the need for public access by the
Montvue Subdivision residents to Pranldin Road through the Touchmark
development. The proposed public street access stubbed to Montvue meets
this requirement. The applicant shall also dedicate unobstructed
right-of-way to the outparcel currently owned by Lyle Bair prior to applying
for a Certificate of Zoning Compliance.
1.25 Signage: The proposed entry signage concept shown on sheet 5 of the
2/8/00 submittal is recommended for approval. Signage details (size and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 19
location) for any freestanding signs associated with the Care Center must be
provided and approved as part of this application.
1.26 Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers, motorhomes, and trailers. The proposed storage area (0.7
acres) for phase I has been approved, and this might be sufficient for all
phases, but additional storage may be required with future phases if the
demand for such space exceeds supply.
1.27 Maintenance Building: A maintenance building or approved area shall be
provided that is suitable for the services required for the repair and
maintenance of all common areas as per Section 9-607.H.3. The
maintenance facility shown on the proposed site plan dated 2/8/00 meets
this requirement.
1.28 Irrigation: Underground pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based on
the proposed landscaping. Due to the landscape area required, primary
water supply connection to the City's mains will not be allowed. Developer
shall be required to utilize any existing surface or well water for the primary
source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
1.29 Fences & Walls: No fencing details have been submitted for the boundaries
of the project. A fencing plan for boundaries of the project shall be
submitted for approval as part of this application. Fencing details are usually
submitted with the preliminary plat; however, this project is not going to be
platted. Fencing shall be designed considering public safety and aesthetics
that match the high quality of the development.
1.30 Tree-lined Streets: Staff supports the Concept Plan's depiction of tree-lined
streets. This should be translated into a requirement for one 2" caliper
(min.) tree per 35 lineal feet of frontage along all Collectors and Residential
Collectors shown on the Concept Plan.
1.31 Cross Access Agreement: A cross-access agreement will be required to access
the development via St. Luke's private road network.
1.32 Phasing: If the project is to be phased in over time, a phasing plan must be
submitted and approved as part of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 20
1.33 Private Roads: The private road system must be approved by City Council.
The Meridian fire department should comment on the proposed street
widths and roundabouts. Planning and Zoning supports the proposed road
sections. Applicant shall submit a letter of approval from the Ada County
Street Naming Committee prior to applying for a Certificate of Zoning
Compliance.
1.34 Sidewalks: As a senior community that has low traffic volumes and heavy
pedestrian use, the development will require significant pedestrian amenities.
The sidewalk details submitted are approved and required as part of this
application.
1.35 The proposed Planned Development design elements of detached garages,
shallower setbacks, and parkways along the road system are approved.
1.36 Lot line adjustments required for the land swap with St. Luke's must be
completed through Ada County prior to finalization of the annexation and
zoning of the property into the City of Meridian.
1.3 7 Applicant must submit a lot plan designating lot and block numbers for the
purpose of tracking building permits, since the site will not be platted.
1.38 The City of Meridian was negotiating with the former owner ofthe property,
Ed Bews, to acquire the existing well located near the northwest collector
road. The City is still in need of additional water supply in this area and is
interested in working with the applicant to utilize this well to supplement
the City's domestic system and to serve this project.
1.39 Sanitary sewer service to this site will be via extensions from existing mains
installed in adjacent streets or developments. Applicant shall be responsible
to construct the sewer mains to and through this proposed development.
Project designer to coordinate sizing and routing with the Public Works
Department.
1. 40 Water service to this site will be via extensions of existing mains installed in
adjacent streets or developments. Applicant shall be responsible to construct
the water mains to and through this proposed development. Project designer
to coordinate main sizing and routing with the Public Works Department.
Flow and pressure from the existing mains should be monitored with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvlIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 21
Meridian Water Department to determine whether adequate fire protection
exists.
1.41 Water service to this development is contingent upon positive results from
a hydraulic analysis by our computer model.
1.42 Provide the Public Works Department with information on anticipated fire
flow and domestic water requirements for the proposed site.
1.43 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian for all commercial uses. An assessment agreement is a
vehicle that protects the City of Meridian and the Developer in the event
that estimated assessments are not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment
of assessments, and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
1.44 Applicant shall coordinate locations and construction requirements of the
required trash enclosures vvith Meridian Sanitary Service, Inc., and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance.
1.45 All conditions placed on this application shall run vvith the land and shall
not lapse or be waived as the result of any change in tenancy or ownership
of any or all of the lands governed by this CUP application. All such
conditions shall be deemed the requirements for the issuance of a Certificate
of Occupancy for any use or structure as per City Ordinance.
1.46 Applicant shall utilize the Ada County Highway Districts design standards
for the private streets vvithin this development, vvith the exception of width
requirements. Street designs shall be reviewed and approved by the City of
Meridian Public Works Department.
Additionally, the Planning and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A" dated March 6 and March 9,
2000, letters; Phase I Office Park will not be approved as part of this Conditional Use
Permit, the road stub to Montview is not part of Phase 1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 22
(
2. The conditions shall be reviewable by the Commission pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held February 15,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARI(
LIVING CENTERS, INC. (CUP-99-039) - 23
COUNCILPERSON KEITH BIRD
VOTED -$fL-
VOTED~
VOTED*
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
-
1\1AYOR ROBERT D. CORRlE (TIE BREAKER) VOTED
DATED: 5-(5-0/
MOTION:
APPROVE~
DISAPPROVED:
By~~,M;,~
Ity Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 24
j
BRIGGS ENGJ/II JEERING. Inc.
ENGINEERS I PLANNERS I suRVEYORS
1800 West Overland Road
Boise. Idaho 83705 - 3142
Voice (208) 344-9700
Fax (2GB) 345-2950
E-mail briggs@micron.nel
March 9, 2000
Steve Siddoway
Bruce Freckleton
City ofM~dian
200 E. Carlton, Suite 100
Meridian, Idaho 83462
Re: Touchmark Living Centers
(Response to Staff Comments Dated February 29,2000)
Dear Steve and Bruce:
l.
J
"
).
4.
5.
6.
L-O Zoning designation is acceptable.
See attached letter from Touchmark addressing the parking formulas. Parking stall
dimensions will meet or exceed Meridian Standards.
A planting list with varieties and sizes has been added. Landscape notes addressing parking
lot/tree calculations is delineated on Sheet 6. Sheet 2 provides for exterior tandscaping
(Franklin and 1-84 for Phase I).
A Design Standard Matrix was submitted.
The applicant understands that a Conditional Use Permit Application will be required for
each phase.
The applicant will dedicate and construct public right-of-way to the east boundary of
Montvue Subdivision.
7.
The applicant will provide a cross access easement to the out parcel that fronts on Frankiin
Road. This will provide perpetual ingress and egress through the project roadway system.
A drainage plan for all private streets and parking areas will be submitted for City review
and approvaL
The location of internal building identification signage is delineated on Sheet 4.
8.
9.
10.
11.
12.
13.
External project signage elevations and specifications are delineated on Sheet 6.
Fencing locations, elevation and specifications are listed on Sheet 6.
A phasing plan can be found on Sheet 6. .
The unit count and densities are addressed in the Touchrnark letter dated March 6. 2000.
Lot and block numbers have been added to Sheet 4.
A copy of the Phase 1 and overall site plan were sent to Skip at Meridian Fire Depa.rtmem
for his review.
EXHIBIT "A" 1 OF 4
980601\Meridian.ltr2
/
U'
11
,-
if
"
f
14.
15.
16.
17.
18.
Sincerely,
I spoke with Kenny Bowers on March 7,2000 about reviewing the site plan. We discussed
the gated concept, Mr. Bowers indicated opti-com gates would be preferred by the Fire
Deparonent.
The sire plan was reviewed by Briggs Engineering staff ror compliance with the Uniform
Fire Code. The rotaries depicted meet the standards. All streets will be consuucted to meet
Fire Department Requirements. It appears minor radius adjustments will be required for the
cottage cul-de-sacs to meet UFC.
Sewer, water, pressure irrigation, storm drainage and private street plans will be submitted
for Public Works review and approval.
A Property Line Adjustment Survey will be submitted to Ada County and approved prior to
annexation.
Parking lot design will conform to the Standards of the Ordinance.
The height of the CCRC facility will not exceed 50 feet. (See Sheet 7)
The applicant will coordinate with ACHD, Meridian Public Works and Meridian Fire
Deparrment concerning gate locations and design.
Beck]' L. Bowc
Land Use Planner
BLB:fc
EXHIBIT "A" 2 OF 4
98060] \Staff Response
,
.,
..i":;/.~ . .I:'
,
Touchmark Development & Construction Co.
5150 SW Griffith Drive
Beaverton, Oregon 97005
503-646-5186, 503-644-3568 FAX
Transmittal
Date:
March 6,2000
Method: fax 2 p2g~
208-887 -1297
To: Steve SiddoW2Y
Bruce Freckleton
City of Meridi2n
cc: Becky Bow-curt, Scott WillbiteIDTJ
From: Joseph A. Billig
Subject: P&Z i:!3ues
Project: Toudunsrk of the Tre:!!:!luN! Valley
Meridian, Idaho
Dear StevefBruce
Thank you for the opportunity to meet with you and review your comments. I want to clarifY a couple of
issues that were raised at our meeting.
Unit CDunt :aDd DCD9iti~
Currently we arc: showing a range of 337-475 single and multi family units on au. conceptual master
plan, Tnc actual count on the master pbm that we ba'fe submitted designates 343 units i.n the form of
duple.."{f:s. single family, alley loaded products and multi family or town-homes.
We request a fJ.ILRl approval for 400 units of~ products. This will anow us to develop new
products to increase density anaallow for so~ucruarion in the market.
In the CeRe, we have designated a range 0000-350 units. After fmai review. we WQuid request
approval for 282 units.
-
Parking c:ounb
Touchmark has been has been succcssful in using a formula of .75 units per space in it's communities to
provide adequate parking for it's residents. staff and visitors. With:a. final count of282 units in the
CeRe this would require 21) spaces. 111 additiou we expect a full time sran of 150 at full build out. with
55% maximum on a shift. This wouid require B. parking requirement of &2 units for staff, bringing our
grand roral to 293. Currently we ar~ providing 299 spaccs in thc form of on site' and underground
parking. Furtber, 64 of our units wouid be a higher acuity level of can:; where the residents will not be
driving. Ave-raging the Meridian requirements of 1 space: per 5 units for nursing homes and 1 space: per
unit for boarding homes. we feel our practice of .75 spaces per unit in addition to a 1 to 1 staff
rcquircme-nt will adequ<:1rely cov!:. our parking n!:Cds.
TSID0020.cDC
EXHIBIT "A" 3 OF 4
[TIHP-0E.- 2000 08: 07
503 E.~.4 3508
.-. ,IV
:;'1-"'.
:=. . D1
l
Thank you again for the opportunity to review these points. Becky Bowc:utt will be submitting our
revised package on Thursday March, 9,2000. Please feel free to call me at 503-807-4.172 if you have
any questions or concerns.
~~.
Joseph A. Billig
Design Studio Manager
Touchmark Living Centers.
Mrl~-06-2000 08;07
503 644 3568
P.82
EXHIBIT "A" 4 OF 4
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
. TOUCHl\1ARK LIVING CENTERS, INC. FOR A)
CONDITIONAL USE PERMIT FOR PLANNED )
. . UNIT DEVELOPMENT IN AN L-O ZONE, )
LOCATED AT SOUTH SIDE OF FRANKLIN )
ROAD, BETWEEN EAGLE ROAD AND )
CLOVERDALE ROAD, MERIDIAN, IDAHO )
)
)
04~ 1 0-00
CASE NO. CUP"99-039
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 18th day of April, 2000,
under the provisions of Meridian City Code & 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for the
proposed application request of a conditional use permit for the construction,
development, maintenance and use a planned unit development for a Mixed Use
Retirement Community consisting of 250-300 units of independent and assisted
living, 450 units of residential including single-family, duplexes, multi-family, and
townhomes, medical office parks, commercial and retail businesses, and a community
senior health and fitness center, as described in the MASTER CONCEPT PLAN,
Dated: 02/08/00, for the development of the aforementioned Mixed Use Retirement
Community and which property is described as:
ORDER OF CONDITIONAL APPROY AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 13
TOUCHMARK. LIVING CENTERS, INC. / CUP-99-039
TOUCHMARI( ANNEXATION
A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the north 1/4 corner of Section 16, T.3N., R.IE., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 89029'19" E 1351.29 feet to the northeast corner of the NW 1/4 of the NE
1/4;
Thence S 00006'30lt E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 to
a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book
63 of Plats, at Page 6399, records of the Ada County Recorder's Office;
Thence along the north and west boundary of Edgeview Estates No.1 Subdivision
and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65
of Plats, at Page 6704, records of the Ada County Recorder's Office, the following
courses and distances:
Thence N 8201 T38" W 7.63 feet;
Thence N 79033'15" W 449.48 feet;
Thence S 80042'48" W 116.19 feet;
Thence S 25035'37" W 195.09 feet;
Thence S 22039'37" E 150.00 feet;
Thence S 33016'3T' E 620.00 feet;
Thence S 30051'03lt E 493.00 feet;
Thence S 00006'30" E 493.51 feet;
Thence S 13051'55" W 426.51 feet;
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 13
TOUCHMARK. LIVING CENTERS, me. / CUP-99-039
Thence N 89023'43t1 W 34.37 feet;
Thence S 13046'1811 W 21.40 feet to the southwest corner of Edgeview Estates No.2,
said point being on the north right of way of Interstate 84;
Leaving the boundary of said Edgeview Estates No.2;
. Thence continuing S 13046'18" W 118.18 feet to a point;
. Thence S 12044'2211 W 87.01 feet to a point on the south right of way of Interstate
84;
Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 84 to
a point on the west line of the NW 1/4 of the SE 1/4;
Thence N 00013'0 I" W 227.61 feet to the northwest corner of the SE 1/4 (the center
1/4 corner) of Section 16;
Thence N 89023'35t1 W 625.37 feet along the south line of SE 1/4 of the NW 1/4 to a
point on the north right of way of Interstate 84;
Thence N 8S044'30tl W 723.14 feet along said north right of way to a point on the
west line of the SE 1/4 of the NW 1/4;
Thence N 00021'56t1 W 1281.37 feet to the northwest corner of the SE 1/4 of the
NW 1/4;
Thence N 89026'1111 W 338.32 feet along the south line of the NW 1/4 of the NW
1/4 to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17
of Plats, at Page 1107, records of the Ada County Recorder's Office;
Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the
north line of the NW 1/4 of the NW 1/4;
Thence S 89028'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NW
1/4;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 13
TOUCHMARK LIVING CENTERS, INC / CUP-99-039
Thence S 00021'5611 E 496.26 feet along the east line of the NW l/4 of the NW 1/4
to a point;
Thence S 7902915811 E 117.09 feet to a point;
Thence N 00021'5611 W 516.55 feet to a point on the north line of the NE l/4 of the
NW 1/4;
Thence S 8902814T' E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4
. . to a point;
Thence S 00013'0111 E 922.87 feet to a point;
Thence S 8S03114T' E 235.00 feet to a point on the east line of the NE 1/4 of the
NW 1/4;
Thence N 0001310111 W 939.06 feet along the east line of the NE 1/4 of the NW 1/4
to the REAL POINT OF BEGINNING of this description;
Said parcel of land contains 163.288 acres, more or less.
2. That the above named applicant is granted a conditional use permit for the
Mixed Use Retirement Community, located at the south side of Franldin Road,
between Eagle Road and Cloverdale Road, Meridian, Idaho, subject to the following
conditions of use and development:
2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage
district, with written confirmation of said approval submitted to
the Public Works Department. No variances have been requested
for tiling of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 13
TOUCHMARK LIVING CENTERS, INe. / CUP-99-039
2.3 Offwstreet parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 As part of a conditional use permit, the City of Meridian may
impose restrictions and conditions in addition to current City
Ordinances.
2.11 This Conditional Use Permit is for the overall concept and phase
one only. Future phases of the project will require separate
Conditional Use Permits for each phase.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 13
TOUCHMARK. LIVING CENTERS, INC. / CUP-99-039
2.12 Conceptually (based upon the submitted Master Concept Plan
dated 2/8/00), the project is in accord with the purpose of
Planned Developments as outlined in the Subdivision &
Development Ordinance.
2.13 Number of Units: The proposed number of units must be
verified by the applicant and approved as part of the CUP.
Applicant shall submit the maximum number of dwelling units
and the number currently shown on the concept plan for
approvaL
2.14 Planned Development Regulations: .As a mixed/planned use
development, the Touchmark development must comply with the
following sections of the subdivision ordinance: 12-6A
Procedures for Planned Developments, 12-6-6 General
Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential
areas must comply with 12-6-8-A Design Standards for Planned
Development-ResidentiaL All commercial and office uses must
comply with 12-6-8-B Design Standards for Planned
Development-Commercial.
2.15 Colored Rendering: The colored renderings submitted on 2/8/00
meet the intent of Section 12-6-4 of the PO ordinance and will be
used to regulate future phases of the project.
2.16 Design Standards: Both the Comprehensive Plan (Housing
chapter, pg. 68, para. 1.18) and the Subdivision Ordinance
(12-6-6-G) require that variations pertaining to a PO's bonus
density shall not exceed 25% of the existing requirements. The
submitted development standards matrix for the cottage homes in
Phase I has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
2.17 Homeowner's Association Covenants: Because the property will
be owned outright by Touchmark Living Centers and will not be
platted, the PD requirement to submit owners association bylaws
shall be waived.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.18 Open Space: All Planned Developments (PD) are required to
have at least 10% of the gross land area of the PD as common
open space as 12-6-7-E-5. This requirement appears to be well
exceeded. However, the actual acreage/percentage should be
submitted by the applicant as part of the Conditional Use Permit.
Standard practice has been that residential PD1s cannot count
required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to
count it. The Touchmark project is a mixture of both uses and
should fall somewhere in between.
2.19 Total site acreage for the Touchmark project is 134.2 acres. 10%
would be 13.4 acres. The project includes 8.8 acres of developed
park land (6.6%). If the landscape buffers were included, 10.2
acres, it would be a total of ( 14.2%). This does not include the
undeveloped grass areas surrounding the Care Center. The
concept plan is in compliance with the 10% rule. All open space
delineated as common open space must meet all standards of
12-6-7-E.
2.20 Parking: Parking is proposed at .75 spaces per unit at the
Continuing Care Retirement Center. This parking will serve not
only residents of the Care Center, but also employees and
visitors. This standard seems that it may be too low. Phase one
of the Care Center functions more like a boarding house than a
nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed
plus one space per employee on the largest shift shall be required.
Future phases may obtain a reduced standard based on their use
and projected parking needs. Applicant shall increase the number
of handicapped parking stalls beyond the minimum for residents
of the Care Center. The applicant shall verify the number of
parking stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum
dimensions as required by City Ordinance.
2.21 Parldng Lot Landscaping: All parldng areas within the
development should be required to provide landscape islands
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
within the parldng lot, with no more than 12 parldng spaces in a
row without an island. Islands serving a single row of parldng
shall have one tree. Islands serving a double row of parldng shall
have two trees. A minimum of one 311 caliper tree per 1500
square feet of asphalt (including driveways connecting from the
loop road) is required per City Ordinance.
2.22 Streets and Circulation: The Concept Plan is based on a network
of public and private streets. ACHD has approved the concept
network of streets, but still has an outstanding issue with the
gates. The applicant shall state their intent regarding the gates'
operation and the times they will remain open and closed as part
of this CUP. The Touchmark Development Agreement with
ACHD shall be a condition of the CUP.
2.23 Landscape Setbacks: The following landscape buffers will be
required:
* 50 feet minimum along 1-84 (will allow an 8' berm at 3:1 slope)
* 35 feet minimum along Franklin Road beyond required
right-of-way
* 20 feet minimum adjacent to the Montvue Subdivision
* 10 feet minimum adjacent to Edgeview Estates Subdivision
(beyond canal easement).
Franklin Road and 1-84 are both designated in the Meridian
Comprehensive Plan as entryway corridors. Landscape setbacks
are encouraged for all entryway corridors. The berm along 1-84
may exceed the 3:1 slope (up to 2:1) to achieve maximum height
if no grass is planted on the berm that would require mowing,
The cottage homes along 1-84 should will be required to measure
their rear setbacks from the edge of the landscape buffer.
The submitted landscape plan does not include a concept plan for
the 35' landscape setback along Franldin Road. Applicant shall
submit a landscape plan to be approved as part of the CUP. At a
minimum, the construction of the first 100 feet of landscaping on
either side of the entry road be required as part of Phase I. The
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
Applicant shall submit a list of typical tree species to be used as
part of the project.
2.24 Access: Consideration should be given to the need for public
access by the Montvue Subdivision residents to Franklin Road
through the Touchmark development. The proposed public
street access stubbed to Montvue meets this requirement. The
applicant shall also dedicate unobstructed right-of-way to the
outparcel currently owned by Lyle Bair prior to applying for a
Certificate of Zoning Compliance.
2.25 Signage: The proposed entry signage concept shown on sheet 5
of the 2/8/00 submittal is recommended for approval. Signage
details (size and location) for any freestanding signs associated
vvith the Care Center must be provided and approved as part of
this application.
2.26 Storage Areas: Storage areas shall be provided for the anticipated
needs of boats, campers, motorhomes, and trailers. The proposed
storage area (0.7 acres) for phase I has been approved, and this
might be sufficient for all phases, but additional storage may be
required vvith future phases if the demand for such space exceeds
supply.
2.27 Maintenance Building: A maintenance building or approved area
shall be provided that is suitable for the services required for the
repair and maintenance of all common areas as per Section
9-607.H.3. The maintenance facility shown on the proposed site
plan dated 2/8/00 meets this requirement.
2.28 Irrigation: Underground pressurized irrigation must be provided
to all landscape areas on site. Please submit hook-up and design
details based on the proposed landscaping. Due to the landscape
area required, primary water supply connection to the Citis
mains will not be allowed. Developer shall be required to utilize
any existing surface or well water for the primary source. If City
water is proposed as a secondary source, developer shall be
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 13
TOUCHMARK LIVING CENTERS, INe. / CUP-99-039
responsible to pay water assessments for the entire common open
area.
2.29 Fences & Walls: No fencing details have been submitted for the
boundaries of the project. A fencing plan for boundaries of the
project shall be submitted for approval as part of this application.
Fencing details are usually submitted with the preliminary plat;
however, this project is not going to be platted. Fencing shall be
designed considering public safety and aesthetics that match the
high quality of the development.
2.30 Tree-lined Streets: Staff supports the Concept Plan's depiction of
tree-lined streets. This should be translated into a requirement
for one 211 caliper (min.) tree per 35 lineal feet of frontage along
all Collectors and Residential Collectors shown on the Concept
Plan.
2.31 Cross Access Agreement: A cross-access agreement will be
required to access the development via St. Luke's private road
network.
2.32 Phasing: If the project is to be phased in over time, a phasing
plan must be submitted and approved as part of this application.
2.33 Private Roads: The private road system must be approved by City
Council. The Meridian fire department should comment on the
proposed street widths and roundabouts. Planning and Zoning
supports the proposed road sections. Applicant shall submit a
letter of approval from the Ada County Street Naming
Committee prior to applying for a Certificate of Zoning
Compliance.
2.34 Sidewalks: As a senior community that has low traffic volumes
and heavy pedestrian use, the development will require significant
pedestrian amenities. The sidewalk details submitted are
approved and required as part of this application.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 13
TOUCHMARK LIVING CENTERS, INe. / CUP-99-039
2.35 The proposed Planned Development design elements of detached
garages, shallower setbacks, and parkways along the road system
are approved.
2.36 Lot line adjustments required for the land swap with St. Luke's
must be completed through Ada County prior to finalization of
the annexation and zoning of the property into the City of
Meridian.
2.37 Applicant must submit a lot plan designating lot and block
numbers for the purpose of tracking building permits, since the
site will not be platted.
2.38 The City of Meridian was negotiating with the former owner of
the property, Ed Bews, to acquire the existing well located near
the northwest collector road. The City is still in need of
additional water supply in this area and is interested in working
with the applicant to utilize this well to supplement the City's
domestic system and to serve this project.
2.39 Sanitary sewer service to this site will be via extensions from
existing mains installed in adjacent streets or developments.
Applicant shall be responsible to construct the sewer mains to
and through this proposed development. Project designer to
coordinate sizing and routing with the Public Works Department.
2.40 Water service to this site will be via extensions of existing mains
installed in adjacent streets or developments. Applicant shall be
responsible to construct the water mains to and through this
proposed development. Project designer to coordinate main
sizing and routing with the Public Works Department. Flow and
pressure from the existing mains should be monitored with the
Meridian Water Department to determine whether adequate fire
protection exists.
2.41 Water service to this development is contingent upon positive
results from a hydraulic analysis by our computer model.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 13
TOUCHMARK LIVING CENTERS, INe. / CUP-99-039
2.42 Provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the
proposed site.
2.43 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian for all commercial uses.
An assessment agreement is a vehicle that protects the City of
Meridian and the Developer in the event that estimated
assessments are not in line with actual usages. The agreement
provides for reimbursement to the developer for over payment of
assessments, and payment to the City of Meridian of any
shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
2.44 Applicant shall coordinate locations and construction
requirements of the required trash enclosures with Meridian
Sanitary Service, Inc., and provide a letter of approval from their
office when applying for a Certificate of Zoning Compliance.
2.45 All conditions placed on this application shall run with the land
and shall not lapse or be waived as the result of any change in
tenancy or ownership of any or all of the lands governed by this
CUP application. All such conditions shall be deemed the
requirements for the issuance of a Certificate of Occupancy for
any use or structure as per City Ordinance.
2.46 Applicant shall utilize the Ada County Highway Districts design
standards for the private streets within this development, with
the exception of width requirements. Street designs shall be
reviewed and approved by the City of Meridian Public Works
Department.
Additionally, the Planning and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A" dated March 6 and March
9, 2000, letters; Phase I Office Park will not be approved as part of this Conditional
Use Permit, the road stub to Montview is not part of Phase 1.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use pennit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
,mt0-1~ rZ6002oof.
! S .f!-,- day of
. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Bydf~,~1Xt9
Dated: !)--; 6-0 (
i:
msg/Z:\Work\M\Meridian 15360M\Touchmark Living Centers\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 13
TOUCHMARK. LIVING CENTERS, INe. / CUP-99-039
WHITE PETERSON
WHITE, PETERSON, MORROW, GIORAY, ROSSMAN I NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
WM. F. GIORAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARI\Y D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS"
CHRISTOPHER S. NYE
PHILIP A. PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE"
200 EAST CARLTON AVENUE, SUITE 3]
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466-4405
. ALSO ADMITIED IN OR
"ALSO ADMlTIED IN WA
PLEASE REPLY TO
MERIDIAN OFFICE
May 3,2001
RECEIVED
MAY - 8 2001
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
CITY OF MERIDIAN
Re:
IDAHO BANIGNG COMPANY / REZONE FINDINGS /
REZONE ORDINANCE & CERTIFICATION OF CLERK
RZ-O 1-002
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONE prepared as per instructions from the Council meeting of May I, 200 I, and
which are on the agenda for May 15, 2001.
Also, please find enclosed the above Rezone Ordinance and the Certification
of the Clerk for the rezone for Idaho Banking Company. Mter the Findings of Fact and
Conclusions have been adopted, then please place this ordinance on the City Council agenda.
This ordinance should not be passed until the Findings of Fact and Conclusions of
Law and Decision and Order Granting Ap-plication for Rezone are adopted.
If you have any questions arise, please advise.
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ADA COUHTY RECORDER
,). DAVID NAVARRO
RQfSE~ ~D;,~.HO
200f JL r 2 PN 2: f 4
CITY OF MERIDIAN
ORDINANCE NO. tJ/-q/7
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIlVI1.TS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT
. THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND
THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED
LIMITED OFFICE DISTRICf (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BEA PART OF THE CITY OF MERIDIAN, COUN1YOF ADA,
STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF
IN CONFLICf HEREWITH; AND DIRECfING THE CITY ENGINEER TO ADD SAID PROPERTYTO
THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS
TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND
THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODESECITON
50-223 AND SECTION 63-2215.
BE IT ORDAINED BYTHE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1.. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
TOUCHMARKANNEXATION
A parcel ofland lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the north 1/4 corner of Section 16, T.3N., R.1E., B.M., the REAL POINT OF BEGINNING
of this description;
Thence S 89029'19" E 1351.29 feet to the northeast corner of the NW 1/4 of the NE 1/4;
Thence S 00006'30" E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 to a point on the north
boundary of Edgeview Estates NO.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records ofthe
Ada County Recorder=s Office;
Thence along the north and west boundary of Edgeview Estates NO.1 Subdivision and along the west
boundary of Edgeview Estates NO.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the
Ada County Recorder=s Office, the following courses and distances:
Thence N 82017'38" W 7.63 feet;
Thence N 79033'15" W 449.48 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 1
Thence S 80042'48" W 116.19 feet;
Thence S 25035'37" W 195.09 feet;
. Thence S 22039'37" E 150.00 feet;
Thence S 33016'37" E 620.00 feet;
Thence S 30051'03" E 493.00 feet;
Thence S 00006'30" E 493.51 feet;
Thence S 13051'55" W 426.51 feet;
Thence N 89023'43" W 34.37 feet;
Thence S 13046'18" W 21-40 feet to the southwest corner of Edgeview Estates No.2, said point being on
the north right of way of Interstate 84;
Leaving the boundary of said Edgeview Estates NO.2;
Thence continuing S 13046'18" W 118.18 feet to a point;
Thence S 12044'22" W 87.01 feet to a point on the south right of way ofInterstate 84;
Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 84 to a point on the west
line of the NW 1/4 of the SE 1/4;
Thence N 00013'01" W 227.61 feetto the northwest comer of the SE 1/4 (the centen/4 corner) of Section
16;
Thence N 89023'35" W 625.37 feet along the south line of SE 1/4 of the NW 1/4 to a point on the north
right of way ofInterstate 84;
Thence N 85044'30 II W 723.14 feet along said north right of way to a point on the west line of the SE 1/4
of the NW 1/4;
Thence N 00021'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4;
Thence N 89026'11" W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 to a point on the east
boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records of the Ada
County Recorder=s Office;
Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the NW 1/4 of
the NW 1/4;
ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 2
Thence S 89028'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NVV 1/4;
Thence S 00021'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 to a point;
. Thence S 79029'58" E 117.09 feet to a point;
Thence N 00021'56" W 516.55 feet to a point on the north line of the NE 1/4 of the NVV 1/4;
Thence S 89028'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point;
Thence S 00013'01" E 922.87 feet to a point;
Thence S 85031'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4;
Thence N 00013'01" W 939.06 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL POINT
OF BEGINNING of this description;
Said parcel ofland contains 163.288 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Limited Office District (L-O).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of
Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the
terms and conditions of that certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the /SiJ:: dayof /tLa'!J- ,~200{ ~
(/
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
SECTI ON 7: This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 3
SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective
date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman
. manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein
armexed, 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 of Idaho, all in compliance with Idaho Code '63-2215 and r 50-
223.
PAS~J;D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
(l1.bLy , 2of#J20o(.
APP~9YED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
ma!} ,,~Zol7/~
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1VfA OR
IS I:!::.. day of
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STATE OF IDAHO,)
County of Ada. )
2cQl
On this 16 day of Ma.~ ' 2060, before me, the
undersigned, a Notary Public in and for said Sta e, personally appeared ROBERT D. CORRIE
and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 4
(SEAL)
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NOTARYPU UCFORIDAHO
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ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 5
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/!'DA COUNTY RECORDER
J. DAVlD NAVARRO
80IS~.IDAHO
....... "[CORDED - REQUEST OF
7Jlrt~OEPUTY~
101052481
~200JMY31 PM 1:39
~'~1AN CITY
Cont. No. Q-07-11-L1S08
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Boise Project, Arrowrock Division, Idaho
CROSSING AGREEMENT
THIS AGREEMENT, made this ::J..1-rR-day of t-fA-Y , 2001,
pursuant to the Act of Congress June 17, 1902 (3~ Stat. 388), and
acts amendatory thereof or supplementary thereto, all of which
acts are commonly known and referred to as the Federal
Reclamation Laws, between the United States of America,
hereinafter called the UNITED STATES, represented by the officer
executing this agreement, hereinafter referred to as the
CONTRACTING OFFICER, and City of Meridian, hereinafter referred
to as the GRANTEE.
WITNESSETH, THAT:
2. WHEREAS, in connection with the Boise Project,
Arrowrock Division, hereinafter referred to as the Project, the
UNITED STATES, through the Bureau of Reclamation, Department of
the Interior, has, pursuant to Federal Reclamation Laws,
constructed and owns, operates and maintains certain power,
communication and irrigation works hereinafter called the Project
facilities; and,
3. WHEREAS, the Project facility, known as the Five Mile
Drain, is being operated and. maintained by the Nampa Meridian
Irrigation District, hereinafter called the District, under a
repayment contract with the UNITED STATES; and,
4. WHEREAS, the GRANTEE desires to install sewer lines
located in and across said Project waterway.
NOW, THEREFORE, in consideration of the mutual covenants and
stipulations hereinafter stated, the parties hereto do mutually
agree as follows:
5. The UNITED STATES hereby grants to the GRANTEE, subject
to the terms and conditions of this agreement, the right to
construct, operate and maintain said improvement and appurtenant
structures across said waterway in the SW~, Sec. 35, T4N, R1W,
B.M., in the manner and at the location shown on the attached
RECEIVED
MAY 3 0 2001
,
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I iN ,I, PRO.IF.:CT
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SCALE IN FEET
VICINITY MAP
20.0' SEWER EASEMENT lTYP.l ---.. / ,4.,/ /1/ /
TO BE CBT AlNED BY OWNER "-... I .:t'~.. / I'" /
" / _\<v..{.~~ /~// /
\ 1 '<.yt:J~ '/ -~PROX. LOCATION
SSMH A2 1,/ A II 10F POWER POLE
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STA: 3~67.62 /' 07-; 1+:V19'1~' / 2!29'SB'34" ;;,
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_____ _1L__._____~~_..Ji~~_ . -- J7:r---7------ EP ------ ~ ~
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UNDER DISCHARGE
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STORM DRAIN DISCHAr.G;: ~
SANITARY SEWER CROSSING PLAN
FIVE MILE DRAIN CROSSINQ
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SANITARY SEWER PROFILE
FIVE MILE DRAIN CROSSING
o
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10
\n::rmCAL
NPW NO.
APPLICANT: GLENN JOHNSON HOMES
WATERWAY' FIVE MILE DRAJN
NJA COUNTY, IDAHO
SH. 1 OF.l1-
OATF, Or-TORFR 14, 1fl!l!l
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SANITARY SEWER PROFILE
FIVE MILE-DRAIN CROSSING
SCJ.LE IN FEET
0510152025
NPW NO.
APPLICANT: GLENN JOHNSON HOMES
WATERWAY: FIVE MILE DRAIN
NJA COUNTY, IDAHO
SH. 2 OF 11-
DATE: OCTOBER 14, 1999
(.
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7. There is reserved to the UNITED STATES, its successors
and assigns the prior right to use any of the right-of-way herein
described to construct, operate and maintain all structures and
facilities including, but not limited to, canals, wasteways,
laterals, ditches, roadways, electrical transmission lines,
communication structures generally, substations, switchyards,
powerplants and other appurtenant irrigation and power structures
and facilities, without any payment made by the UNITED STATES or
its successors for such right.
8. There is reserved to the UNITED STATES the right of its
officers, agents, employees, licensees and permittees at all times
and places freely to have ingress to, passage over and egress from
. all of said right-of-way for the purpose of exercising, enforcing
and protecting the rights reserved herein.
9. The UNITED STATES, its officers, agents and employees
and its successors and assigns shall not be held liable for any
damage to the GRANTEE1s improvements or works by reason of the
exercise of the rights here reserved; nor shall anything contained
in this paragraph be construed in any manner limiting other
reservations in favor of the UNITED STATES contained in this
agreement.
10. This agreement shall terminate at the option of the
CONTRACTING OFFICER if the GRANTEE fails to comply with any of the
terms and conditions hereof, upon mutual agreement of all parties,
upon six (6) months' nonuse of this improvement by the GRANTEE, or
if the CONTRACTING OFFICER determines that there is an overriding
public or project need for the land for an incompatible use.
11. No member of or Delegate to Congress or resident
commissioner shall be admitted to any share or part of this
agreement or to any benefit that may arise herefrom. This
restriction shall not be construed to extend to this agreement if
made with a corporation or company for its general benefit.
12,_ The GRANTEE agrees as follows:
a. GRANTEE's structures shall be constructed, operated
and maintained by the GRANTEE without cost to the UNITED STATES or
its assigns, and in such a manner as to cause no interference with
the normal operation of the works of the UNITED STATES. All
construction, reconstruction and maintenance work performed by the
GRANTEE upon the premises of the UNITED STATES shall be undertaken
only at times, according to plans, and in a manner satisfactory to
the CONTRACTING OFFICER.
b. To construct, operate and maintain its structures
in a good, workmanlike manner and shall insure compliance with all
laws, regulations and orders of the UNITED STATES and any other
public authority affecting such works. The failure of the GRANTEE
after due notice to abide by any of the terms and conditions of
any applicable laws, rules or regulations shall cause this
agreement to be subject to immediate termination at the option of
the CONTRACTING OFFICER.
(":, ~
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c. All backfill placed in canals or the embankments of
canals shall be placed and compacted to the satisfaction of the
CONTRACTING OFFICER. The canal and appurtenant works shall be
restored by the GRANTEE to a condition at least as good as before
the work was accomplished.
d. If the construction, operation or maintenance of
any or all of such structures and facilities of the UNITED STATES
across, over, under or upon said right-of-way should be made more
expensive by reason of the existence of improvements or works of
the GRANTEE thereon, such additional expense is to be estimated by
the Secretary of the Interior, whose estimate is to be final and
binding upon the parties hereto. Within thirty (30) days after
demand is made upon the GRANTEE for payment of any such sums, the
GRANTEE will make payment thereof to the UNITED STATES or any of
its successors or assigns. As an alternative to payment, the
GRANTEE, at its sole cost and expense and within the time limits
established by the UNITED STATES, may remove or adapt facilities
constructed and operated by it on said right-of-way to accommodate
the aforementioned structures and facilities of the UNITED STATES.
The GRANTEE shall bear any costs incurred by the UNITED STATES
occasioned by the failure of the GRANTEE to remove or adapt its
facilities within the time limits specified.
e. To indemnify and hold harmless the UNITED STATES,
its officers, agents and employees from any loss or damage and
from any liability on account of personal injury, death or
property damage, or claims for personal injury, death or property
damage of any nature whatsoever and by whomsoever made arising out
of the GRANTEE's activities under this agreement.
f. The Grantee shall comply with all applicable
Federal, State, and local laws and regulations, and Reclamation
policies and instructions, existing or hereafter enacted or
promulgated, concerning any hazardous material that will be used,
produced, transported, stored or disposed of on or in lands,
waters or facilities owned by the United States or administered by
Reclamation.
g. uHazardous materialu means any substance, pollutant
or contaminant listed as hazardous under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
as amended, 42 U.S.C. ~ 1901, et seq., and the regulations
promulgated pursuant to that Act.
h. The Grantee may not allow contamination of lands,
waters, or facilities owned by the United States or administered
by Reclamation by hazardous materials, thermal pollution, refuse,
garbage, sewage effluent, industrial waste, petroleum products,
mine tailings, mineral salts, pesticide containers or any other
pollutants.
i. The Grantee shall report to Reclamation, within 24
hours of its occurrence, any event which mayor does result in
pollution or contamination adversely affecting lands, water or
facilities owned by the United States or administered by
Reclamation.
.,'
(~, .;
j. Violation of any of the provisions of this article
shall constitute grounds for immediate termination of this
contract and shall make the Grantee liable for the cost of full
and complete remediation and/or restoration of any Federal
resources or facilities that are adversely affected as a result of
the violation.
k. The Grantee agree to include the provisions
contained in paragraphs (g) through (k) of this Article in any
subcontract or third party contract it may enter into pursuant to
this contract.
1. Reclamation agrees to provide information necessary
.for the Grantee, using reasonable diligence, to comply with the
provisions of this Article.
m. This activity may require a Stream Channel
Alteration Permit from Idaho Department of Water Resources (ph.
324-2190) and/or a 11404" Permit from the U.S. Army Corps of
Engineers (ph. 343-0671) i therefore, the GRANTEE shall obtain any
needed further clearance from those agencies.
n. To comply with Title VI (Section 601) of the Civil
Rights Act of July 2, 1964 (78 Stat. 241) which provides that "No
person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subject to discrimination under
any program or activity receiving "Federal financial assistance,"
and to be bound by the regulations of the Department of the
Interior for the effectuation thereof, as set forth in 43 CFR ~
CFR 17."
o. To comply with Section 504 of the Rehabilitation
Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act
Amendments of 1974, P.L. 93-516, and the Rehabilitation,
Comprehensive Service, and Developmental Disabilities Act of 1978,
P.L. 95-602, 29 U.S.C. 700 et seq. which are designed to eliminate
discrimination on the basis of handicap in any program or activity
receiving Federal financial assistance which provides that "No
qualified handicapped person' shall, on the basis of handicap, be
excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or
activity which receives or benefits from Federal financial
assistance and to be bound by the regulations of the Department of
the Interior for the effectuation thereof, as set forth in 43 CFR
~ 17."
p. To comply with the Age Discrimination Act of 1975,
as amended, 42 U.S.C. 6101 et seq.i 45 CFR ~ 90 which are designed
to prohibit discrimination on the basis of age in programs and
activities receiving Federal financial assistance. The Act also
permits federally assisted programs and activities, and recipients
of federal funds, to continue to use certain age distinctions and
factors other than age which meet the requirements of the Act and
its implementing regulations. The Act provides that "No person in
the United States shall, on the basis of age, be excluded from
participation in, be denied the benefits of, or be subjected to
" ,
\.
(:
discrimination under any program or activity receiving Federal
financial assistance and to be bound by the regulations of the
Department of the Interior for the effectuation thereof, as set
forth in 43 CFR ~ 17."
q. To obligate its subcontractors, subgrantees,
transferees, successors in interest, or any other participants
receiving Federal financial assistance hereunder, to comply with
the above requirements against discrimination.
13. The provisions of this agreement shall apply to and bind
the successors and assigns of the parties hereto, but no
assignment or transfer of this agreement or any part or interest
therein shall be valid until approved by the CONTRACTING OFFICER.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
THE UNITED STATES OF AMERICA
By
rea Manager
Bureau of Recla ation
214 Broadway Avenue
Boise, Idaho 83702
By
o fn-rt D. Cc Y'~ 0
* * ~\\~~l fPfWV~d 6/15/01
Wi lhClVV\ ti, ber,} 'Jr. - C.i~ Cle rk-
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2001
I 2~, personally appeared
. , to me known to be
at executed the within and
foregoing instrument and acknowledged said instrument to be the
free and voluntary act and deed of said City for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
ss
State of Idaho
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and
o my official seal th~.:i..!,,,_and year first above written.
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State of Idaho )
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On this .2.. qrL day of ,.pAY I 200;~ personally appeared
before me ~HoES J6~bOw=\S"~ . I to me known to be
the official of the UNIT D STATES OF AMERICA that executed the
within and foregoing instrument and acknowledged said instrument
to be the free and voluntary act and deed of said UNITED STATES
for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year' first above written.
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District (IwL) and a Flood Plain Overlay zone, a public hearing shall be conducted
vvith notice to be published and provided to property owners or purchasers of record
vvithin three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance vvith the provisions of
. Meridian City Code 9 11-17-5 City of Meridian Zoning and Development
. Ordinance, which provides as follows;
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council vvithout
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Follovving the public hearing and vvithin 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council vvith supportive reasons. The Commission shall recommend
that the application be approved, approved vvith conditions or denied. The
Commission shall ensure that any approval or approval vvith conditions of an
application shall be in accordance vvith Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code 9 11-17-6)
7. When the City Council approves a conditional use permit it may
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 12
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on~site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21,1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for
a storage facility for company trucks in an I-L zone and a flood plain overlay zone, at
the north side of E. IGng Street, approximately 600 feet west of N. Baltic Place in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
Meridian, Idaho, subject to the follovving conditions of use and development: .
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3.A.I. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance 11-11-3 .A.3.
1.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of 1 foot above the Base
Flood Elevation (BFE) of the 100-year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished floor
elevation of the structure meets this requirement.
1.3 Materials that are buoyant, flammable, noxious, toxic or otherwise
potentially injurious if transported by floodwaters are prohibited as per
Ordinance 11-11-5. Storage of any materials or equipment not having
these characteristics is permissible only if they have low damage
potential and are anchored or are readily removable from the area.
1.4 Conditions that shall be required by the Council per Ordinance 11-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
I. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. Location and arrangement of structures within the floodway and
floodway fringe areas to avoid an increase in flood heights during the
recurrence of the 100-year flood discharge;
4. Requirement for construction of channel modifications, dikes, levees
and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing measures.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
1.5 According to Ordinance 11-11-6, the evaluation of the effect of the
proposed use causing an increase in flood heights is based not just on
the effect of the single use acting alone, but upon the reasonable
assumption that other landowners within the floodplain shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in making any decision.
1.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required I-foot
safety margin. No portion of the proposed development is within the
floodway.
1. 7 All signage is subject to design review and requires separate permits. No
freestanding signs are proposed with this application. If any are
proposed in the future, it shall conform to the new Sign Ordinance, as
recommended for approval by the Meridian City Council on November
21. This allows for a single freestanding sign not to exceed 70 square
feet and 15 feet high, maximum.
1.8 Dimensions of all parking stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 standard
stalls and 25-foot-wide minimum driveways. ADA requires the van-
accessible handicap-accessible stall to have a striped aisle separate from
the stall (typically an 8-foot stall and an 8-foot aisle). The handicap
parking space shall have signage per ADA standards.
1.9 The site plan shall be modified to conform to the new Landscape
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
1.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. A Temporary Certificate of Occupancy may
be obtained by providing surety to the City in the form of a letter of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - IS
credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation).
A bid shall accompany any request for Temporal)' Occupancy.
1.11 Assessments for sewer and water service are determined during the
building permit application process.
1.12 In accordance with City Ordinance 12-13-8-1, underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas. Applicant shall submit irrigation performance
specifications in compliance with Ordinance 12-13-8-2 when applying
for a Certificate of Zoning Compliance.
1.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance 11-13-4(0).
1.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
1.15 Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
1.16 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
~isabilities Act (ADA) requirements.
1.17 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer per
City Ordinance 11-13-4.B.4 for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
1.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11M13-4.C.
1.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9M 1-4 and 9-4-8. Wells may be used for nonMdomestic purposes
such as landscape irrigation.
1.20 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 shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
vvritten confirmation of said approval submitted to the Public Works
Department.
1.21 All construction shall conform to the requirements of the Landscape
Ordinance 12M 13.
1.22 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section llM12M1.C.
Coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval
from SSC to the Planning & Zoning Department when applying for a
Certificate of Zoning Compliance.
1.23 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12M5-2.K.
1.24 All signage shall be in accordance with the standards set forth in Section
11M14 of the City Zoning and Development Ordinance.
1.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
1.26 ACHD policy requires that before any improvements of any kind are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
1.27 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in vvriting by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
12.28 All storm drainage is to be retained on the site.
2 The conditions shall be reviewable by the Council pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
111 accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
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.
By action of the City Council at its regular meeting held on the ( [) -f~
. day of
h1C0l/f-. , 200 I.
(J
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED ---fJ:f-1A-
VOTED~
VOTED~
VOTED ~
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERlE McCANDLESS
-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 5"-/5-01
MOTION: ~
APPROVED:~
DISAPPROVED:
z:\ W ork\M\Meridian\Meridian 15360M\EagJeConcrete Pumping CUPO 1-004\FfClsCUPO 1-004.doc
Dated:
!
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FOR STORAGE )
FACILITY FOR COMPANY TRUCKS IN )
FLOOD PLAIN OVERLAY ZONE, LOCATED AT)
. . THE NORTH SIDE OF E. IGNG STREET, )
APPROXIMATELY 600 FEET WEST OF N. )
BALTIC PLACE, MERIDIAN, IDAHO )
)
)
)
)
EAGLE CONCRETE PUMPING, COMPANY
APPLICANT.
C/C 05-01-01
CASE NO. CUP-OI-004
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 1 ST day of May, 2001,
under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use penuit for a
storage facility for company trucks in a flood plain zone, the proposed
application request of a conditional use permit for the construction,
development, maintenance and use for a storage facility for company trucks in
a flood plain zone, as described in the "SITE PLAN - PROJECT NAME:
EAGLE CONCRETE PUMPING - EAST KING STREET - MERIDIAN,
IDAHO, DRAWN BY: SW, DATE: 1-19-01. SHEET NUMBER: SP-l,
LARSON ARCHITECTS, P.A" ARCHITECTS, MERIDIAN, IDAHO", Eagle
Concrete Pumping, Company, Developer, for the development of the
aforementioned development for a development consisting of a storage facility
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-004
PAGE 1 OF 5
for company trucks in a flood plain zone, and which property is described as
follows:
Lot IS, Block 2, Meridian Business Park
A resubdivsion of Meridian Business and Industrial Park, located in a portion of
the SW l/4 SE l/4 and the SE l/4 SW 1/4 of Section 7, T. 3N., R. IE., B.M.,
Meridian, Ada County, Idaho
.2. That the above named applicant is granted a conditional use permit for a
storage facility for company trucks in a flood plain zone, located at the north side of
. E. King Street, approximately 600 feet west of N. Baltic Place, Meridian, Idaho,
subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3 .A.l. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance lI-II-3.A.3.
2.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of I foot above the Base
Flood Elevation (BFE) of the 100-year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished floor
elevation of the structure meets this requirement.
2.3 Materials that are buoyant, flammable, noxious, toxic or otherwise
potentially injurious if transported by floodwaters are prohibited as per
Ordinance 11-11-5. Storage of any materials or equipment not having
these characteristics is permissible only if they have low damage
potential and are anchored or are readily removable from the area.
2.4 Conditions that shall be required by the Council per Ordinance 11-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY EAGLE CONCRETE PUMPING COMPANY I CUP-OI-004
PAGE 2 OF 5
1. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. Location and arrangement of structures within the floodway and
floodway fringe areas to avoid an increase in flood heights during the
recurrence of the 1 OO~year flood discharge;
4. Requirement for construction of channel modifications, dikes, levees
and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing measures.
2.5 According to Ordinance 11-11-6, the evaluation of the effect of the
proposed use causing an increase in flood heights is based not just on
the effect of the single use acting alone, but upon the reasonable
assumption that other landowners within the floodplain shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in making any decision.
2.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required I-foot
safety margin. No portion of the proposed development is within the
floodway.
2.7 All signage is subject to design review and requires separate permits. No
freestanding signs are proposed with this application. If any are
proposed in the future, it shall conform to the new Sign Ordinance, as
recommended for approval by the Meridian City Council on November
21. This allows for a single freestanding sign not to exceed 70 square
feet and 15 feet high, maximum.
2.8 Dimensions of all parking stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 standard
stalls and 25-foot~wide minimum driveways. ADA requires the van~
accessible handicap~accessible stall to have a striped aisle separate from
the stall (typically an 8~foot stall and an 8-foot aisle). The handicap
parking space shall have signage per ADA standards.
2.9 The site plan shall be modified to conform to the new Landscape
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY EAGLE CONCRETE PUMPING COMPANY I CUP-OI-004
PAGE 3 OF 5
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
2.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. A Temporary Certificate of Occupancy may
be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation).
A bid shall accompany any request for Temporary Occupancy.
2.11 Assessments for sewer and water service are determined during the
building permit application process.
2.12 In accordance with City Ordinance 12-13-8-1, underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas. Applicant shall submit irrigation performance
specifications in compliance with Ordinance 12-13-8-2 when applying
for a Certificate of Zoning Compliance.
2.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance 11-13-4(D).
2.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
2.15 Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
2.16 Paving and striping shall be in accordance with the standards set forth
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY EAGLE CONCRETE PUMPING COMPANY I CUP-OI-004
PAGE40FS
in Sections 1l"13"4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.17 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer per
City Ordinance 11-13-4.BA for all off-street parldng areas. All site
drainage shall be contained and disposed of on-site.
2.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
2.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.20 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 shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
2.21 All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
2.22 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval
from SSC to the Planning & Zoning Department when applying for a
Certificate of Zoning Compliance.
2.23 Provide five-foot"wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
2.24 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY EAGLE CONCRETE PUMPING COMPANY / CUP-0l-004
PAGE 5 OF 5
2.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
2.26 ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
2.27 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
2.28 All storm drainage is to be retained on the site.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code 9 11" 17"8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
.lntl-~ ,2001.
.f1L
/5 - day of
~
orrie, Mayor City of Meridian
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-004
PAGE 6 OF 5
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJlit4~A~9
.. City Clerk ~
-::
..
..
~
~
"$t
\\NP ^-- NTS40 ]DOSER VER_Z\ W ork\M\Meridian\Meridian 15360M\EagleConcrete Pumpi ng C
004\CUPOrderO I004.doc
ORDER OF CONDITIONAL APPROY AL OF CONDITIONAL USE PERMIT -
BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-004
PAGE 7 OF 5
interoffice
MEMORANDUM
From:
William G. Berg, Jr.
William F. Nichol
RECEIVED
MAY - 8 2001
To:
CITY OF MERIDIAN
Subject: EAGLE CONC
File No.: CUP~01~004
Date: May 4,2001
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their May 1, 2001, meeting. The Findings will be on the Council's
agenda for their May 15, 200 I, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian I 5360M\EagleConcrete Pumping CUPO I-004\ClkLtrCUPffcls&OrderO I004.doc
May 12,2001
CUP 01-004
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT Eagle Concrete Pumping ITEM NO. 3-E
REQUEST CUP for Eagle Concrete Pumping in a flood plain overlay district in an
I-L zone - n/o King, e/o 5th Ave., w/o Baltic Place
AGEN<=Y
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHW A Y DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: (I.JJ tl (;/ ~I f:-,
See attached Findings
1/1/
{UffcfO
Date: tfi//lJ--!tJ I
Phone: qgq-8755"
MaterIals presented at public meetings shan become properly of the CIty of Meridian.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05-01-01
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR STORAGE )
FACILITY FOR COMPANY )
. TRUCKS IN FLOOD PLAIN )
OVERLAY ZONE, LOCATED AT )
THE NORTH SIDE OF E. IGNG )
STREET, APPROXIMATELY 600 )
FEET WEST OF N. BALTIC )
PLACE, MERIDIAN, IDAHO )
)
EAGLE CONCRETE PUMPING, )
COMPANY, )
APPLICANT )
)
Case No. CUP-OI-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on May 1, 2001, at the hour of 6:30 p.m., at Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
Cornel Larson, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to
City Council issued by the Planning and Zoning Commission who conducted a public
hearing and the Council having heard and taken oral and written testimony, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I
having duly considered the matter, the City Council hereby makes the following
Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published
. for two (2) consecutive weeks prior to the said public hearing scheduled for May I,
. 2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the May 1, 200 I, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509,6512, and Meridian City Code 99 1l~15~5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
of Posting filed with the staff report.
3. This proposed development request is in an 1-L zone and is also located
in a flood plain overlay zone and by reason of the provisions of the Meridian City
Code ~ II _ 17 -4, a public hearing was required before the City Council on this
. application.
4. The property is located at the north side of E. King Street,
approximately 600 feet west of N. Baltic Place in Meridian, Idaho.
5. The owners of record of the subject property are Rod and Sherrie Eisele
of Eagle, Idaho.
6. Applicant is Eagle Concrete Pumping of Eagle, Idaho.
7. The subject property is currently zoned I-L and is also located in a flood
plain overlay zone. The zoning district of I-L and the Flood Plain Overlay District
are defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for a storage
facility for company trucks in a flood plain zone. The Flood Plain Overlay District
zoning designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
I) .
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
. conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
12.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3 .A.l. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance 11-1l-3.A.3.
12.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of I foot above the Base
Flood Elevation (BFE) of the 100-year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished floor
elevation of the structure meets this requirement.
12.3 Materials that are buoyant, flammable, noxious, toxic or otherwise
potentially injurious if transported by floodwaters are prohibited as per
Ordinance 11-11-5. Storage of any materials or equipment not having
these characteristics is permissible only if they have low damage
potential and are anchored or are readily removable from the area.
12.4 Conditions that shall be required by the Council per Ordinance 11-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
I. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. Location and arrangement of structures within the floodway and
floodway fringe areas to avoid an increase in flood heights during
the recurrence of the 100-year flood discharge;
4. Requirement for construction of channel modifications, dikes,
levees and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing measures.
12.5 According to Ordinance 11-11-6, the evaluation of the effect of the
proposed use causing an increase in flood heights is based not just on
the effect of the single use acting alone, but upon the reasonable
FINDINGS Of FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
assumption that other landowners within the floodplain shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in malting any decision.
12.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required I-foot
safety margin. No portion of the proposed development is within the
floodway.
12.7 All signage is subject to design review and requires separate permits. No
freestanding signs are proposed with this application. If any are
proposed in the future, it shall conform to the new Sign Ordinance, as
recommended for approval by the Meridian City Council on November
21. This allows for a single freestanding sign not to exceed 70 square
feet and 15 feet high, maximum.
12.8 Dimensions of all parldng stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 standard
stalls and 25-foot-wide minimum driveways. ADA requires the van-
accessible handicap-accessible stall to have a striped aisle separate from
the stall (typically an 8-foot stall and an 8-foot aisle). The handicap
parlting space shall have signage per ADA standards.
12.9 The site plan shall be modified to conform to the new Landscape
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
12.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. A Temporary Certificate of Occupancy may
be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation).
A bid shall accompany any request for Temporary Occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
12.11 Assessments for sewer and water service are determined during the
building permit application process.
12.12 In accordance with City Ordinance 12-13-8-1, underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas. Applicant shall submit irrigation performance
specifications in compliance with Ordinance 12-13-8-2 when applying
for a Certificate of Zoning Compliance.
12.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parlcing or circulation in accordance with
City Ordinance 11-13-4(0).
12.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parlcing of vehicles on the unimproved surface.
12.15 Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
12.16 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12.17 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer per
City Ordinance 11-13-4.B.4 for all off-street parlcing areas. All site
drainage shall be contained and disposed of on-site.
12.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
(
12.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
12.20 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 shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
12.21 All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
12.22 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 1l~12~1.C.
Coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval
from SSC to the Planning & Zoning Department when applying for a
Certificate of Zoning Compliance.
12.23 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
12.24 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
12.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
12.26 ACHD policy requires that before any improvements of any lcind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
12.27 All future design plans and construction shall be in accordance with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 8
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
12.28 All storm drainage is to be retained on the site.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Existing Urban".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
IS. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central pubiic facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
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.
18. The development will not result in the destruction, loss or damage of
.l)atural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.c. ~67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code s 11-17-
03)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will 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;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will 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
conditional use shall be able to provide adequately any such services;
f. 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;
g. Will 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;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Light Industrial
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
WHITE PETERSON
WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
juLIE KLEIN FISCHER
WM. F. GIORAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS.
CHRISTOPHER S. NYE
PHILIP A. PETERSON
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WIiITE..
200 EAST CARLTON AVENUE. SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288.2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL. (208) 466-9272
FAX (208) 466-4405
. ALSO ADMITTED IN OR
""AlSO ADMITTED IN WA
PL.EASE REPL.Y TO
MERIDIAN OFFICE
May 22,2001
RECEIVED
. William G. Berg, JI.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
MAY 24 2001
CITY OF MERIDIAN
Re:
HOWELL-MURDOCH DEVELOPMENT CORPORATION /
MURDOCH SUBDIVISION NO.2 FINAL PLAT (FP-OI-
006)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of
the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and
signature by the Mayor and yourself. Please serve a copy of the ORDER upon the
Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning
and Public Works, and the attorney's office.
If you have any questions, please give me a call.
/
c'
Z:\Work\M\Meridian\Meridian 15360M\Murdoch Sub No.2 FPOI-006\Clerk052201FP.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-15-01
o IN THE MArrER OF THE )
APPLICATION OF HOWELL. )
MURDOCH DEVELOPMENT )
CORP., FOR APPROVAL OF )
FINAL PLAT FOR MURDOCH )
SUBDIVISION NO.2 LOCATED )
EAST OF LOCUST GROVE )
ROAD AND SOUTH OF )
MEDIMONT NO.2, )
MERIDIAN, IDAHO )
)
)
CASE NO. FP-OI-006
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 May 15, 200 I, and the Council finding
that the Administrative Review is complete which has included certain comments and
conditions as stated in a letter to the Mayor and Council from David McKinnon,
Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering
Technician III, listing 5 General Comments and 12 Final Plat Comments, which are
herein found fair and reasonable, and that Shari Stiles, Planning and Zoning
Administrator, and Gary Smith, Public Works Director, both commented at the
hearing, and Matt Schultz appeared and testified on behalf of the Applicant, and the
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR MURDOCH SUBDIVISION NO.2
BY: HOWELL-MURDOCH DEVELOPMENT CORP. (FP-OI-006)
PAGE I OF 3
Council having considered the requirements of the preliminary plat the Council takes
the following action:
IT IS HEREBY ORDERED THAT:
.1.
The Final Plat of "MURDOCH SUBDIVISION NO.2", as
evidenced in Plat bearing the File name: "PLAT SHOWING MURDOCH
SUBDIVISION NO.2, A PORTION OF THE SW 1/4, NE 1/4, SECTION 18
TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN MERIDIAN, ADA
COUNTY, IDAHO 2001, I 1 643FPl.DWG, 3/23/01, SHEET I OF 2, HOWELL-
MURDOCH DEVELOPMENT CORPORATION OWNER/DEVELOPER, ]-U~B
ENGINEERS, INC.", Howell-Murdoch Development Corporation, Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in
the Memorandum to the Mayor and City Council from Bruce Frecldeton,
Engineering Technician III, and David McKinnon, Planner for the Planning and
Zoning Department, dated May 10, 2001, listing 5 General Comments and 12 Site
Specific Comments, a true and correct copy of which is attached hereto marked
Exhibit lOA", and consisting of 3 pages, and by this reference incorporated herein, with
the additional requirements from the action of the City Council at their May 15,
2001 meeting, as follows, to-wit:
Final Plat Comments:
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR MURDOCH SUBDIVISION NO.2
BY: HOWELL-MURDOCH DEVELOPMENT CORP. (FP-OI-006)
PAGE 2 OF 3
1.1 (Number 2.) Delete the second sentence so that 2. shall read as
follow:
2. The City of Meridian shall be added to the signature page of
the final plat as one of the landowners. Add note to the face
of the plat that states that the City of Meridian owns this lot.
L 1.2. (Number 4.) Delete the word etc. so that 4. shall read as follows:
4. A letter of credit or cash surety in the amount of 110% shall
be required for all landscaping, pressurized irrigation, sanitary
sewer, water, and street lights, prior to signature on the final
plat.
1.2 Meridian Fire Chief, Kenny Bowers, requires all codes, including
fire hydrants, water supply and fire sprinkler systems, shall be
met.
1.3 The Nampa & Meridian Irrigation District requires the final plat
shall indicate the relocation of the Nampa and Meridian
Irrigation District's Hunter Lateral, and that all License
Agreements shall be in place.
1.4 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho
Department of Health and Welfare, Division of Environmental
Quality for central sewage and central water; that run-off is not to
create a mosquito breeding problem; and it is suggested that
stormwater be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality; or if other means of pretreatment of storm
water discharge is provided, then Applicant shall furnish to the
Public Works Department a copy of the proposed Operation and
Maintenance Manual, including a schedule of regular
maintenance for the drains. A commitment shall be required that
in the event the drains do not effectively work, either through
problems with design or maintenance, development of new plans
ORDER OF CONDITIONAL APPROVAL OF --
FfNAL PLAT FOR MURDOCH SUBDIVISION NO.2
BY: HOWELL-MURDOCH DEVELOPMENT CORP. (FP-O 1-006)
PAGE 3 OF 3
for a means to pretreat the storm water discharge shall be
required. The engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater
and surface water degradation. Manuals for guidance:
1.4.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
1.4.2 Stormwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
2.
The final plat upon which there is contained the Certification and
signature of the City Clerk and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
I. The Plat dimensions are approved by the City Engineer; and
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.
ORDER OF CONDITIONAL APPROVAL OF --
FINAL PLAT FOR MURDOCH SUBDIVISION NO.2
BY: HOWELL-MURDOCH DEVELOPMENT CORP. (FP-OI-006)
PAGE 4 OF 3
By action of the City Council at its regular meeting held on the
I~
day of
/J1<<y-
, 2001.
By:
~t-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Bxdi:&t.~~~ 9-
CIty Clerk ~ . .('/1 .:;:
:;. 7c... C,'.:;;
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Dated:
F/!?-tJ/
-~
,:+
ORDER OF CONDITIONAL APPROVAL OF ~-
FINAL PLAT FOR MURDOCH SUBDIVISION NO.2
BY: HOWELL-MURDOCH DEVELOPMENT CORP. (FP-Ol-006)
PAGE 5 OF 3
',~jPMAYOR
, Robert D. Conie
A Good Place to Live
G..l.fY OF MERIDWi~
33 EAST IDAHO
.MERIDIAN, IDAHO 83642
(208) 888-4433 . FAX (21)8) 887-4813
Gty Oedi: Office Fax (208) 8884218
LEGALDEPARThIENT
(208) 288-2499 . F:a: 288-2501
an' COUNaLMEMBERS
RonAnd.eIson
Keith BiI:d
T:um:ny deWeero
aerie Mc:Can&ess
PUBUC WORKS
BUIIDING DEPAInMENr
(208) 887-2211' F:a: 887-1297
PLANNING AND ZONING
DEPAR:rMENI'
(208) 884-5533 . FAX 888-6854
MEMORANDUM:
May 10,2001
To:
Mayor, City Council and Planning & Zoning Commission
David McKinnon, City Planner bJ.A ~
Bruce Freckleton, Assistant to City Engineer ~
From:
Re:
Murdoch Subdivision No.2
· Final Plat of 11 Building Lots and 2 other lots on 20.26 acres by Howell
Murdoch Development Corporation and the City of Meridian
(File FP-OI-006).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shaD be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
LOCA TION
The parcel is located on the west side of Locust Grove Road, ~ mile south of Franklin Road.
SURROUNDING PROPERTIES
North: Proposed Woodbridge office building, zoned L-O and Medimont Subdivision, zoned I-L.
South: Vacant land, zoned RUT (Ada County).
East: Woodbridge Subdivision, zoned R-4.
West: Murdoch Subdivision No.1, zoned C-G and Idaho State Police headquarters, zoned C-G.
FINAL PLAT COMMENTS
1. Sanitary sewer to this site shall be via extensions from existing mains in Locust Grove Road
and Murdoch Subdivision No.1. Water service to this site shall be via extensions from
existing mains in Locust Grove Road, Murdoch Subdivision No.1, and Medimont
Subdivision. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. The lots within this development will be subject to applicable latecomer
fees. Latecomer fees shall be due and payable prior to signature on the final plat.
2. The City of Meridian shall be added to the signature page of the final plat as one of the
landowners. A corrected legal description shall be included to reflect that the City of
Meridian owns land to be recorded as Lot 8 of Block 2. Add note to the face of the plat that
states that the City of Meridian owns this lot. "
FP -ol.oo.s
. ~/'b"r 'rJ" / 01 ~
Munloclt Stlb I12.FP.doc
Mayor & City Council
May 11, 2001
Page 2
3. The landscaping of the common areas shall be installed as submitted on the landscape pIan
(LD.I, 4-17~01). Three copies of detailed irrigation performance specifications shall be
submitted for approval by the Planning and Zoning staff prior to signing off on the Final PIat.
4. A letter of credit or cash surety in the amount of 110% will be required for all landscaping,
pressurized irrigatio~ sanitary sewer, water, etc., prior to signature on the :final plat.
5. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation
must be provided to all common landscape areas on site. Applicant shall be required to
utilize any existing surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the common
landscaped areas. Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an association or the Nampa &
Meridian Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works Department as
part of the development plan review process.
6. Buffers between land uses on the southern subdivision boundary will be bandIed on a site-by-
site basis as development occurs.
7. Sidewalks shall be detached a minimum of 5-feet from the future edge of curb along Locust
Grove Road.
8. A waiver has been granted by the City Council to the Meridian Police Station property. The
proposed piping of the Hunter Lateral shall extend upstream to the existing check structure in
order for the piping to be acceptable.
9. Please add or revise the following note(s):
(7.) ... established seasonal normal groundwater...
10. A variance has been granted by the City of Meridian City Council to allow the block length
within the subdivision to be greater than 1000- feet.
11. Add the Public Street dedication section and the Domestic Water Service Origin sections to
the Certificate of Owner's.
12. Staff's :fuilure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Coordinate:fire hydrant placement with the City of Meridian Public Works Department.
2. Two-hundred-fifty-watt high-pressure sodium streetlights will be required at locations
FP -01.006
MOl'doch Sub fn.FP.doc
1:)t,Ia,tj,,'f Pit" e:t crP 4
Mayor & City Council
May 11,2001
Page 3
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.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public Works
Department. The applicant has requested a waiver of this requirement along the Hunter
Lateral.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
5. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City
Ordinance Section 12-5-2.K.
FP..{I!.()(J6
Mumoclt Sub H2.FP.doc
1ffx.A,-J/., '19 ., ,fJ (J,c' ~
May 12,2001
Department Report
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT P & R Dept - Tom Kuntz
REQUEST Five-Mile Creek Pathway Change Order
ITEM NO.
4-B-2
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
us WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~
clJ4
v~
, ,rrO
{U~ r 08
b \ '
~ISI1
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of MeridIan.
Meridian Parks & Recreation
Memo
To: Mayor Corrie and City Council
From: Tom Kuntz
Date: 05-11-01
Re: Proposed agenda items for the May 14, 2001 City Council Workshop
The Parks and Recreation Department requests that the following items be placed on
the May 14th City Council agenda for Council's consideration:
1. Five Mile Creek Pathway chanqe order- during construction of the Five-Mile
Creek Pathway, Central Paving experienced several soft areas due to high
moisture content. Over the last three weeks, they have attempted to dry the spots
by scarifying the soil and allowing the sun work. The soft areas have not firmed
up and we propose installing geotextile fabric over the soft areas, place twelve
inches of pit run material over the fabric and proceed with the original sub-base
and paving. This would require a change order of $12,325.00. In addition, the
original plans call for barbed wire fencing between the pathway and Joe
Simunich's property. Concern was raised about children on bikes leaving the
pathway and hitting the fence. We propose substituting a different type of fence
that would be safer for children at a cost of $1,036.00.
Recommended Council Action- The Parks staff and Idaho Transportation
personnel recommend a change order not to exceed $13,361.00 to address
the soft areas in the path and the fence and authorize the Mayor to sign and
the City Clerk to attest the contract
2. ACHD pipeline easement aqreement- ACHD, in cooperation with the City of
Meridian, piped an irrigation ditch along the southern boundary of our 58-acre
park site. The piped ditch will be in the future right of way, which will allow this
eas.ement to be annulled. The City Attorney and Public Works Director have
reviewed and approved the agreement.
Recommended Council Action-Approve easement agreement with ACHD
for irrigation pipe along the southern boundary of our 58-acre park adjacent
to Ustick Road. Authorize the Mayor to sign and City Clerk to attest the
contract
3. Surplus wood fence and chicken house-58 Acre park- at the 58 acre park site, we
have approximately 200 feet of dilapidated three-rail wood fencing and an old
wood chicken coop that we were planning to demolish prior to construction. We
had an individual contact us with an offer to remove and salvage the old fence.
We are requesting authorization from the City Council to declare these
items surplus and advertise in the Statesman for individuals interested in
submitting a proposal for salvage rights.
. Page 2
.rl~TRAl
~ I' AVING INC.
~
V!
TtAlIv I,ltENTEE. PAiSlDENT
MT 1,t~~"'TEe. Viet PRE.!IIDeNT
PO !o~ 11010 - Z1l1c U1' ~
a~ SOUTH APPLE
SOI~E. 10"'''0
PHONe
I~) 33H,"
F.O:
{:lOGI J:la-13~,
April 25,2001
SCali Gurnsey
Idaho Department of Transportation
P.O. Box 8028
Boise, Idllho 83707.2028
RE: Project II: CM.OIOO(114) Five Mile Creek
Location: Meridian to Linder
Subject Soft Spot Repair
Dear Mr. Gurnsey,
As discussed III our onsit~ meeting yesrerday, there are numerous llreas of the project thllt are soft
due to excessive moisture in the subgrade materials. Approximately station 14+50 to 17+00 is one
continuous Ilrea of soft $ubgradc. Other isolated areas are also in need of repair.
Per your request. Centrsl Pltving is to place subgradc separation geotextile fabric over the soft
subgrade areas and place 12" of pit run material oller the fabric and proceed with the originally contracted
base snd paving. The one continuous area of concern as above mentioned is to recei....e fabric over the
ell.isting subgrade and raise the finished elevation oflhe bike path by 12", The isolated soft spots will be
subexcavated to 12" below subgrllde. fabric placed, and impor1ed pit run placed over the fabric, The
pricing is as follows:
4 oz. WOllen Subgradc Separation Geotextile Fabric (approximately) 2200 sy @ $1.00 sy = $ 2,200.00
Load, Haul, & Place Pit Run Material (approximately) 13;50 ton @ S7,SO Iton = $10.125.00
Over.exca....ation of soft spot! below subgrade is to be field measured and agreed volumes by onshe
personnel at controcl unit pricing for 205.Excavation.
If you should have any questions or need additional information, please feel free to call me at 338-0818.
Sinct:rely,
RECE\VED
~?R 2 6 'LOO'
REGION 4
D\ST'FN~JHW"Y&
DIVISION 0
21 OJ/irdl(~lproJlUl'lI
A.N EQUAl. EMPLOYMENT OPPO~TUNITY EMPLOYER
n~TRAL
~ I" AVING INC.
T
April 24. 200 I
Scon Gurnsey
Idaho Department of Trans po nation
P.O. BOK 8028
Boise. Idaho 83707-2028
RE: Project #: CM-0100(114) Five Mile Creek
Location: Meridian to Linder
Subj~t: Fencing Change Order Proposal
Dear Mr. Gurnsey,
Tl!FlI1Y Mel NTEE, PRESIoeNT
PAl McENIEr. VICE PRESIOENT
P.O.DOx ISOIO, llF> 8Jn5
f,ij(O SOUTIi APr'l.s
BOISE.IOAIiO
PHONE
(2081338.01118
F^X
12081 J39.1nQ
E-MAIl.lI1/o..Cem.AIi..av.na Co Hl\
WlIbl'!O: WIVioy.Clnlr.'PQYlr'jl.l;I'lIl
As requested. the proposed changes in fencing for installation of Type 3-8 instead of Type S-B is
as follows.
Type 3-B Fencing 720 Ifx S1.30 flf
109.03 Central Paving
TOlal
= S 936.00
". $ 100.00
S I 036.00
IfY-QU should have any questions or need additional information, please feel free to call me at 338-
0818. .
Sincerely,
Z IOJ/lld1rcqlJcll
,,,EO
t\E.CE
o 1. \i ~~~,
~~t\
O~4
fl,E.~\ ~o. ~l..1~p..'l$
OIS Of ",\G'P
O\v\S\Ot'l
AN eQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
May 12,2001
Department Report
MERIDIAN CITY COUNCIL MEETING May 15, 2001
APPLICANT P & R Dept - Tom Kuntz
REQUEST Surplusing old fence at the 58-acre park
ITEM NO.
4-B-3
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
')
L( ~1JV( r
lO~
r)$C
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Parks & Recreation
Memo
To: Mayor Corrie and City Council
From: Tom Kuntz
Date: 05-11-01
Re: Proposed agenda items for the May 14, 2001 City Council Workshop
The Parks and Recreation Department requests that the following items be placed on
the May 14th City Council agenda for Council's consideration:
1. Five Mile Creek Pathway chanQe order- during construction of the Five-Mile
Creek Pathway, Central Paving experienced several soft areas due to high
moisture content. Over the last three weeks, they have attempted to dry the spots
by scarifying the soil and allowing the sun work. The soft areas have not firmed
up and we propose installing geotextile fabric over the soft areas, place twelve
inches of pit run material over the fabric and proceed with the original sub-base
and paving. This would require a change order of $12,325.00. In addition, the
original plans call for barbed wire fencing between the pathway and Joe
Simunich's property. Concern was raised about children on bikes leaving the
pathway and hitting the fence. We propose substituting a different type of fence
that would be safer for children at a cost of $1 ,036.00.
Recommended Council Action- The Parks staff and Idaho Transportation
personnel recommend a change order not to exceed $13~361.00 to address
the soft areas in the path and the fence and authorize the Mayor to sign and
the City Clerk to attest the contract.
2. ACHD pipeline easement aQreement- ACHD, in cooperation with the City of
Meridian, piped an irrigation ditch along the southern boundary of our 58-acre
park site. The piped ditch will be in the future right of way, which will allow this
eas,ement to be annulled. The City Attorney and Public Works Director have
reviewed and approved the agreement.
Recommended Council Action-Approve easement agreement with ACHD
for irrigation pipe along the southern boundary of our 58-acre park adjacent
to Ustick Road. Authorize the Mayor to sign and City Clerk to attest the
contract.
3. Surplus wood fence and chicken house-58 Acre park- at the 58 acre park site, we
have approximately 200 feet of dilapidated three-rail wood fencing and an old
wood chicken coop that we were planning to demolish prior to construction. We
had an individual contact us with an offer to remove and salvage the old fence.
We are requesting authorization from the City Council to declare these
items surplus and advertise in the Statesman for individuals interested in
submitting a proposal for salvage rights.
. Page 2
May 12,2001
Department Report
MERIDIAN CITY COUNCIL MEETING May 15, 2001
APPLICANT P & R Dept - Tom Kuntz ITEM NO. 4-B-l
REQUEST ACHD Irrigation Pipeline Easement Agreement
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
~
~
CUff
Date:
Phone:
Materials presented at public meetings shall become property of the City of MerIdian.
Meridian Parks & Recreation
Memo
To: Mayor Corrie and City Council
From: Tom Kuntz
Date: 05-11-01
Re: Proposed agenda items for the May 14, 2001 City Council Workshop
The Parks and Recreation Department requests that the following items be placed on
the May 14th City Council agenda for Council's consideration:
1. Five Mile Creek Pathway chanqe order- during construction of the Five-Mile
Creek Pathway, Central Paving experienced several soft areas due to high
moisture content. Over the last three weeks, they have attempted to dry the spots
by scarifying the soil and allowing the sun work. The soft areas have not firmed
up and we propose installing geotextile fabric over the soft areas, place twelve
inches of pit run material over the fabric and proceed with the original sub-base
and paving. This would require a change order of $12,325.00. In addition, the
original plans call for barbed wire fencing between the pathway and Joe
Simunich's property. Concern was raised about children on bikes leaving the
pathway and hitting the fence. We propose substituting a different type of fence
that would be safer for children at a cost of $1 ,036.00.
Recommended Council Action~ The Parks staff and Idaho Transportation
personnel recommend a change order not to exceed $13,361.00 to address
the soft areas in the path and the fence and authorize the Mayor to sign and
the City Clerk to attest the contract.
,
2. ACHD pipeline easement aqreement- ACHD, in cooperation with the City of
Meridian, piped an irrigation ditch along the southern boundary of our 58-acre
park site. The piped ditch will be in the future right of way, which will allow this
eas,ement to be annulled. The City Attorney and Public Works Director have
reviewed and approved the agreement.
Recommended Council Action-Approve easement agreement with ACHD
for irrigation pipe along the southern boundary of our 58-acre park adjacent
to Ustick Road. Authorize the Mayor to sign and City Clerk to attest the
contract.
3. Surplus wood fence and chicken house-58 Acre park- at the 58 acre park site, we
have approximately 200 feet of dilapidated three-rail wood fencing and an old
wood chicken coop that we were planning to demolish prior to construction. We
had an individual contact us with an offer to remove and salvage the old fence.
We are requesting authorization from the City Council to declare these
items surplus and advertise in the Statesman for individuals interested in
submitting a proposal for salvage rights.
. Page 2
IRRIGATION PIPELINE EASEMENT
q..fJi This Irrigatjo~ Pipeline Easement (the "Easement") is made and entered into this
- day of mati , 2001, by and between CITY OF MERIDIAN,
(hereinafter "Grantor") and the ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the State of Idaho (hereinafter "ACHD"); WITNESSETH:
. . For good and sufficient consideration it is agreed:
Section 1. Recitals.
1.1 Grantor owns the parcel of real ,property located in Ada County, Idaho, more
particularly described on Exhibit "A", shown on Exhibit "B" and attached hereto (the
"Servient Estate").
1.2 ACHD owns the adjacent public system of highways and rights-of-way (the
"Dominant Estate").
1.3 ACHD desires to obtain an easement for an irrigation pipeline over, under
and across the Servient Estate, and on the terms and conditions hereinafter set forth,
Grantor is willing to grant the same to ACHD.
Section 2. Grant of Easement.
2.1 On the terms and conditions hereinafter set forth Grantor, hereby grants to
ACHD a perpetual easement for irrigation pipeline on, under, over and across the
Servient Estate and to construct, install, repair and maintain an irrigation pipeline
system thereon (hereinafter "Authorized Use").
2.2 The easement herein granted is exclusive to ACHD, and no structures,
fences, or other improvements are to be constructed, or landscaping planted, on the
Servient Estate without the prior written consent of ACHD. Such consent will not be
given if, in its sole discretion, ACHD determines the proposed improvement and/or
landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When
such consent is given, if any structures, fences, landscaping or other improvements
constructed or planted on the Servient Estate must be removed in order for ACHD to
perform its obligations to repair and maintain the Irrigation Pipeline, the costs of
removal and replacement or restoration of the sam~ shall be the obligation of Grantor.
ACHD specifically recognizes the allowance of a sidewalk over this easement.
Irrigation Pipeline Easement - Page 1
Section 3. Construction, Installation and Maintenance.
3.1 At its sole cost and expense ACHD shall construct and install the irrigation
pipeline system on, over, under and across the Servient Estate, the construction and
installation thereof to be performed in accordance with the policies of ACHD and sound
engineering practices.
3.2 After construction and installation is completed, at its sole cost and expense
ACHD shall maintain the irrigation pipeline system in good condition and repair and as
required to satisfy all requirements of applicable laws, the policies of ACHD and sound
'engineering practices, and ACHD shall have access to and from, over and across the
Servient Estate for the purposes of such repair and maintenance.
ACHD recognizes the responsibility to unplug the irrigation pipeline if necessary.
3.3 If the adjoining property owned by Grantor, or the surface of the Seryient
Estate upon which the irrigation pipeline system is constructed and installed by ACHD
is buried, is damaged as a result of the Authorized Use by ACHD of the easement
herein granted or the failure or neglect of ACHD to construct, repair and maintain the
irrigation pipeline system thereon as required by this Section, ACHD shall promptly, at
its sole cost and expense, repair and restore the same, to the extent reasonably
practicable, to the same condition it was in prior to such damage.
Section 4. Indemnification. Subject to the provisions of, and limits of liability set forth
in, the Idaho Tort Claims Act, ACHD shall defend, indemnify and hold harmless Grantor
from and against all claims, actions or judgements for damages, injury or death caused
by or arising out of its Authorized Use of the Servient Estate.
Section 5. Covenants Run with the Land. This Easement shall be a burden upon the
Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate,
and shall run with the land.
Section 6. Attorney's Fees and Costs. In any suit, action, or appeal therefrom to
enforce or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys' fees.
Section 7. Exhibits. All exhibits attached hereto are incorporated herein as if set forth
in full herein.
Section 8. Successors and Assigns. This Easement and the covenants and
agreements herein contained shall inure to the benefit of, and be binding upon, the
parties hereto and their successors and assigns to the above described Dominant and
Servient Estates, or any portion thereof.
Irrigation Pipeline Easement - Page 2
Section 9. Recordation. This Easement shall be recorded in the Real Property
Records of Ada County, Idaho.
IN WiTNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
G~~lOR
/ ~ IV
~~ . ~.~=~
RO' ERT D~CORRf~~'Y'6R~
CITY OF MERIDIAN
5-16-0/
Attest:
dbtv:-~/3e~ ~
WILLIAM G. BERG, Jr. tt
CITY CLERK
ADA COUNTY HIGHWAY DISTRICT
By9Udfi12. ~tJl.;_AM..
JUD PEAVEY-DERR,
PRESIDENT
Irrigation Pipeline Easement - Page 3
STATE OF IDAHO )
) ss.
Cou nty of Ada )
On h't/ {~!:.- Of. a~~ Public in and fO;~~:' Sta~:fO~~ Ida~~:
personal appear t:I Robert D. Corrie and William G. Berg, Jr., known to me to be the
Mayor and City Clerk of the City of Meridian, and who acknowledged to me that City of
Meridian, executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day, month and year first above written.
(I.........
~..-a . uo-..
.':.1 R___~ :.d ..
...l'h~,,- ""'l~~'''-'I~
.cy, 0 .... .
~.... ~, ~ ~ " G
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-w: ~ ~);i( '.........
. , I .
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~ .. , rc
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$fo".ll",-"1!I"G
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. .
Notary Pu i r aho . .
Residing at: ~ /Ul.- <7 / dati 0
My commission expires: tdb--Or;,
STATE OF IDAHO )
) ss.
County of Ada )
. KO\.'\~er;V\e..
On this q-+~ day of M ().. ~ ' 2001 t before me, Susan
L .S......:" '" SI3u@Ater, a Notary Public in and for the State of Idaho, personally appeared Judy
Peavey-Derr and William J. Schweitzer, known to me to be the President and Director
of the Ada County Highway District, and who acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day, mnnth,and year first above written.
"...'tIWt'f~ '"
..........~\\.'BRI}{.e "'"
.......L"'t- ..........( ~
.. T .. .. . -" ~
-:.. . 'UF ':r.
: · NO]' ..$':.
..: <1.A. .... -
=*. _ ....-. ~>4:
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: :'..,.0 .. .,.P..c:
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Notary Public for Idaho _
Residing at: AL..VV\ f.... . -:r:.~c...kc
My commission expires: d- l.o l 0 ~
~
Irrigation Pipeline Easement - Page 4
.
--
.
EXHIBIT "AII
Legal Description
A strip of land being 23.0 feet wide and lying in Southeast 114 of Section 36,
Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, the
centerline being more particularly described as follows:
Beginning at a point lying West 25.00 and North 36.50 feet from the Southeast
o comer of Section 36, Township 4 North, Range 1 West, Boise Meridian, said point being
the REAL POINT OF BEGINNING:
Thence West, 2,000.00 feet along a line parallel to and measuring 36.5 feet at right
angles to the south boundary of the Southeast 1/4 of Section 36 to the Point ofTerrninus.
Said Parcel contains 1.0560 Acres or 46,000 Square Feet more or less.
Subject to Easements of record or in use.
File: Ustick lrrig.
.
.
NO SCALE
EXH IBIT USll
EASEMENT SKETCH
OINT OF TERMINUS
REAL POINT
OF BEGINNING
ix:J
------V
:.
I
FUlURE ROW
i"'OiJQ.ij"""-
CL _EASEMEfIlT
--------E"XISllNGROW-- in
C\.I
USllCK RD.
PREPARED BY:
ACHD SURVEY
5/1/01
[
1
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01 Cl
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~125' <t
w Cl
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36 31 T.4 N.
1 6 T.3 N.
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. a::::
a::::
May 12,2001
Department Report
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT P & Z Dept - Shari Stiles
REQUEST Mapping for Comprehensive Plan
ITEM NO.
4-A-2
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
s- ~I~ rP}.)
i c?ftV~ (}fl'J~/; LJf'
l"vtl V ; y/J nJ1'r . P
vJ (vd r~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property ot the City ot Meridian.
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will 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
conditional use shall be able to provide adequately any such services;
f. 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;
g. Will 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;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Medium High Density
Residential District (R-lS), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the land under consideration for the
conditional use permit all in accordance with the provisions of Meridian City Code 8
II ~ 17 -5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code S 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
(
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21,1993, Ord. 629, January 4,1994 and Maps.
DECISION AND ORDER
. GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
. NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
I. That the above named applicant is granted a conditional use permit for
a planned development and 216-unit apartment complex in R-I5 zone at the
southeast corner of Locust Grove and Wilson Lane, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1 Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act (ADA)
and the Fair Housing Act (FHA). For example, when covered parlcing
and garages are provided, at least one (I) of each type shall be handicap-
accessible (see Fair Housing Act Design Manual 2.23). By the architect
or engineer's stamp on plans, they shall certify that all construction
meets ADA and FHA Standards.
1.2 Sanitary sewer service to this site is proposed via extensions from an
existing main in Wilson Lane. Applicant shall be responsible to
construct the sewer mains to and through this proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of the centerline.
1.3 Water service to this site shall be via extensions from existing mains in
Wilson Lane, and Locust Grove. Applicant shall be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall provide the Public works
department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains shall be monitored with the Meridian Water Department.
1.4 Assessments for sewer and water service are determined during the
building permit application process. This development shall be subject
to applicable Latecomers fees, currently $533.00 per equivalent
residential unit.
1.5 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Applicant shall submit hook-up and design
details based on the proposed landscaping. Due to the size of
landscaped area, primary water supply connection to the City's mains
shall not be allowed. Applicant shall be required to utilize any existing
surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water
assessments for the entire common open area.
1.6 The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the
Settlers Canal in its new, relocated position. This easement is not shown
on the Site Master Plan. Assuming this easement is in its correct
location, all buildings and parking areas are located outside the
easement, so no license agreements should be necessary. However, if the
irrigation district requires a License Agreement for the pathway or the
parlcing areas that border the easement, such agreements shall be
presented with the Certificate of Zoning Compliance application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
1.7 Nineteen (19) separate stormwater swales are shown on the Grading
Concept Plan (Sheet C-l). Any of these swales that are included in the
minimum 10% open space requirement shall be designed with slopes no
greater than 4: 1 and grass so that any standing water is drained within
24 hours of the completion of a storm event. All stormwater facilities
shall be designed in accordance with Section II of the Landscape
Ordinance.
1.8 The Site Master Plan (Sheet MP-l) proposes an interactive water
feature within the central commons area. A zero depth pool is required
by the City Council. In addition, all appropriate safety mechanisms
shall be installed to prevent any child hazards.
1.9 The pool area shall be fenced with a minimum 4-foot high fence to
restrict access into the pool area by unattended children.
1.10 The Landscape Plan meets ordinance and is required for approval as
proposed. Existing trees on the site which are four (4) inch caliper or
greater, shall be preserved or mitigated for in accordance with the
Landscape Ordinance.
1.11 The applicant is responsible to ensure no utility easements exist that
would preclude the proposed landscaping. All landscaping shown shall
be required. A few trees adjacent to the pathway appear to be within the
Settlers Canal easement. The Applicant shall ensure these trees are
planted outside the easement or enter into a License Agreement with
the irrigation company.
1.12 No pedestrian or bicycle connection is available to Wilson Lane except
via the driveway, which is more than 600 feet east of Locust Grove. The
City Council requires a minimum I O-foot wide pedestrian/bicycle access
path be provided through the Wilson Lane landscape berm to connect
with the Wilson Lane sidewalk. The Council leaves the exact location of
the path up to the Applicant, but a logical option would be to extend
the sidewalk on the east side of Building A-I that serves the row of six
(6) parking stalls to the north.
1.13 Applicant shall provide elevations of the carports to the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
Zoning Director. The carport construction materials and colors shall
compliment the garage and building materials.
1.14 Ordinance 11-13-4. G allows compact parking stalls "upon petition" to
the City. The Site Master Plan shows 27 spaces, or 5.2% of the total
number of stalls. These compact stalls are dispersed in four (4) sets
throughout the site. The City Council approves the stalls, with the
exception of the row of ten (10) stalls along the south property line.
This row of stalls shall be broken-up to provide better access by
residents of Building A-13.
1.15 One (1) additional parlcing space beyond that which is required by the
Zoning Ordinance may be required for every three (3) dwelling units to
accommodate visitor parking (Ordinance 12-6~8-A-2). The proposed
complex is providing 72 stalls to accommodate the visitors, which meets
this ordinance.
1.16 The City Council requires approval of the front and side elevations for
the 16-plex buildings, clubhouse elevations, and garage elevations as
submitted. If possible, Applicant shall provide rear building elevations of
the 16-plex apartments and elevations of the 8-plex buildings for review
by the Council at the public hearing. The Council requires these
elevations be designed with similar features as the elevations shown (i.e.
decks, same percentage of window treatment, etc.).
1.17 Per Ordinance 12-6-7 .E.5, proposals for Planned Unit Developments
shall include a minimum of ten percent (10%) common area. Common
open space shall mean land area exclusive of street rights-of-way,
buildings, parlcing areas, structures, and appurtenances except those
improvements that are accessible and available to all occupants of the
private units within the PD. The pool and clubhouse may count toward
the required 10% amount. The Site Master Plan (Sheet 6 MP-I) shows
a landscaped area calculation of 50.13%.
1.18 Six-foot-high, permanent cedar fencing shall be required along the full
eastern boundary of the subject parcel. Applicant shall submit detailed
fencing plans for review and approval. All required fencing is to be in
place prior to issuance of building permits.
FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
1.19 One (1) project sign is proposed at the main complex entrance on S,
Locust Grove Road (see Landscape Plan). No project signage is proposed
at the Wilson Lane entrance. No details of the main entry sign were
submitted. In the R-IS zone, the maximum background area allowed is
32 sq. ft. and the maximum height is six feet (6').The entry signage for
the subdivision shall be placed outside of a 10' X 20' clear sight triangle,
measured from the projected intersection of Locust Grove Road and the
entry drive; or if the sign is reduced to 3' or less in height, it may be
placed within the sight triangle.
1.20 There shall be no phasing of this project.
1.21 The City Council further requires the applicant shall work with the
property owner to the South, Mr. Livingstone, to provide mature trees
or a fence.
1.22 Off-street parlcing shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance (Il-I3-4) and/or as
detailed in site-specific requirements.
1.23 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (11-13-4
and 11-13-5) and in accordance with Americans with Disabilities Act
(ADA) requirements.
1.24 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parlcing areas. All site drainage shall be contained and disposed
of on-site.
1.25 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas or the traveling public in
accordance with City Ordinance ll-I3-4.C.
1.26 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance or as specifically
approved. No temporary signage, flags, banners or flashing signs shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 20
be permitted.
1.27 Provide five-foot wide pedestrian walkways in accordance with City
Ordinance.
1.28 In accordance with Ordinance II-I2-1.C., trash collection areas shall be
enclosed on at least three (3) sides by a solid wall or fence of at least
four feet (4') in height. Coordinate screened trash enclosure locations
and construction requirements with Sanitary Service Company and
provide a letter of approval from their office prior to applying for
building permits.
as follows:
Adopt the Recommendation of the City of Meridian Water Department
1.29 The internal water main loop, shall be a minimum diameter of 8 inches
and be designed to connect to the existing water mains in both Locust
Grove and Wilson Lane. The design shall include an 8 inch diameter
water main stubbed to the east boundary to comply with the lito and
through policy".
as follows:
Adopt the Recommendation of the City of Meridian Water Department
1.30 Common areas shall need to be kept clean of trash and weeds.
1.31 All streets and roads shall be constructed before building is started.
1.32 Street name signs shall be installed before building is started.
1.33 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants and fire sprinkler systems to
the satisfaction of appropriate City departments.
1.34 All vehicles shall park in designated areas, not in the street area.
Adopt the Central District Health Department's Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 21
1.35 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
1.36 Run-off is not to create a mosquito breeding problem.
1.37 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.38 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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1.39 Applicant shall comply with Irrigation District requirements in the
development.
Adopt the Recommendations of the Ada County Highway District as follows:
1.40 Dedicate 48 feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
1.41 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the rightMof-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
1.42 Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
1.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 22
feet and at least 30-feet beyond the edge of pavement of Wilson Lane.
1.44 Construct a driveway on Locust Grove located a minimum of 150-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset 150-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
1.45 Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions.
1.46 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 23
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
. or denial of the conditional use permit approval may within twenty-eight (28) days
. after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
/ 5fJ--
day of
/l1 at", 2001.
ROLLCALL:
COUNCILMAN RON ANDERSON VOTED ~a.-
COUNCILMAN KEITH BIRD VOTED$tL-
COUNCILWOMAN TAMMY deWEERD VOTED~tL.-
COUNCILWOMAN CHERIE McCANDLESS VOTED~c:L-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: S--IF-O(
MOTION: ~
APPROVE --=-------
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 24
(
ByJldL-~&~ ~
City Clerk I
Copy served upon Applicant, Planning and Zoning Department, Public Works
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 25
May 12,2001
CUP 01-007
MERIDIAN CITY COUNCIL MEETING
APPLICANT David Waldron
May 15,2001
ITEM NO.
3-C
REQUEST Findings - CUP for PD proposed Fountain Park on 16 acres for
apartments within a proposed R-15 zone - SEC of Locust Grove & Wilson Lane
AGEN,CY
C.ITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT;
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST;
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: DtUJUt W~dVt ~!;;iSE!
COMMENTS
See attached Findings
J0f-/
OJrf
Date: 6//4-
Phone: 4;;.4--0gQq
Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
To:
William G. Berg, JI.
RECEIVED
MAY - 8 2001
From:
CITY OF MERIDIAN
Subject:
File No.:
DAVID WALDRON / FOUNTAlN PARK
CUP-OI-007
Date:
May 4, 200 I
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PER1v1IT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their May I, 200 I, meeting. The Findings will be on the Council's
agenda for their May 15, 2001, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
Z:\ W ork\M\Meridian\Meridian 1 5360M\Fountain Park AZO 1-004 CUPO I-007\ClkLtrCUPffcls&OrderO 1 007.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05-01-01
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
. USE PERMIT FOR A 216 UNIT )
APARTMENT COMPLEX, IN A )
. PROPOSED R-15 ZONE, )
LOCATED AT THE )
SOUTHWEST CORNER OF )
LOCUST GROVE AND WILSON )
LANE, MERIDIAN, IDAHO )
)
DAVID WALDRON, )
)
APPLICANT )
)
Case No. CUP-OI-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on May I, 200 I, at the hour of 6:30 p.m., at Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appealing on behalf of the Applicant were
David Waldron and Phil Hull, and no one appeared in opposition, and the City
Council having duly considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission
who conducted a public hearing and the Council having heard and taken oral and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to-
wit:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published
. for two (2) consecutive weeks prior to the said public hearing scheduled for May 1,
2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (3001) of the external boundaries of the property under consideration more than
fifteen (IS) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the May I, 200 I, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 2
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in an R-I5 zone and by reason of
the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required
o before the City Council on this application.
4. The property is located at the southeast corner of Locust Grove and
Wilson Lane, Meridian, Idaho.
5. The owner of record of the subject property is Barbara Myall of Goleta,
California.
6. Applicant is David Waldron of Boise, Idaho.
7. The subject property is currently zoned R-T. However, there is an
application before the City Council for annexation and zoning of R-1S. The zoning
district of R-15 is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a
planned development and 216-unit apartment complex. The R-lS zoning
designation within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
I) .
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
. conditional use as determined by City Ordinance.
II. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles II and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
12.1 Handicap parlcing, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act (ADA)
and the Fair Housing Act (FHA). For example, when covered parlcing
and garages are provided, at least one (I) of each type shall be handicap-
accessible (see Fair Housing Act Design Manual 2.23). By the architect
or engineer's stamp on plans, they shall certify that all construction
meets ADA and FHA Standards.
12.2 Sanitary sewer service to this site is proposed via extensions from an
existing main in Wilson Lane. Applicant shall be responsible to
construct the sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of the centerline.
12.3 Water service to this site shall be via extensions from existing mains in
Wilson Lane, and Locust Grove. Applicant shall be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall provide the Public works
department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains shall be monitored with the Meridian Water Department.
12.4 Assessments for sewer and water service are determined during the
building permit application process. This development shall be subject
to applicable Latecomers fees, currently $533.00 per equivalent
residential unit.
12.5 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Applicant shall submit hook-up and design
details based on the proposed landscaping. Due to the size of
landscaped area, primary water supply connection to the City's mains
shall not be allowed. Applicant shall be required to utilize any existing
surface or well water for the primary source. If City water is proposed as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
a secondary source, developer shall be responsible to pay water
assessments for the entire common open area.
12.6 The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the
Settlers Canal in its new, relocated position. This easement is not shown
on the Site Master Plan. Assuming this easement is in its correct
location, all buildings and parking areas are located outside the
easement, so no license agreements should be necessary. However, if the
irrigation district requires a License Agreement for the pathway or the
parlcing areas that border the easement, such agreements shall be
presented with the Certificate of Zoning Compliance application.
12.7 Nineteen (19) separate stormwater swales are shown on the Grading
Concept Plan (Sheet C-l). Any of these swales that are included in the
minimum 10% open space requirement shall be designed with slopes no
greater than 4: 1 and grass so that any standing water is drained within
24 hours of the completion of a storm event. All stormwater facilities
shall be designed in accordance with Section II of the Landscape
Ordinance.
12.8 The Site Master Plan (Sheet MP-l) proposes an interactive water
feature within the central commons area. A zero depth pool is required
by the City Council. In addition, all appropriate safety mechanisms
shall be installed to prevent any child hazards.
12.9 The pool area shall be fenced with a minimum 4-foot high fence to
restrict access into the pool area by unattended children.
12.10 The Landscape Plan meets ordinance and is required for approval as
proposed. Existing trees on the site which are four (4) inch caliper or
greater, shall be preserved or mitigated for in accordance with the
Landscape Ordinance.
12.11 The applicant is responsible to ensure no utility easements exist that
would preclude the proposed landscaping. All landscaping shown shall
be required. A few trees adjacent to the pathway appear to be within the
Settlers Canal easement. The Applicant shall ensure these trees are
planted outside the easement or enter into a License Agreement with
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
the irrigation company.
12.12 No pedestrian or bicycle connection is available to Wilson Lane except
via the driveway, which is more than 600 feet east of Locust Grove. The
City Council requires a minimum 10-foot wide pedestrian/bicyde access
path be provided through the Wilson Lane landscape berm to connect
with the Wilson Lane sidewalk. The Council leaves the exact location of
the path up to the Applicant, but a logical option would be to extend
the sidewalk on the east side of Building A-I that serves the row of six
( 6) parldng stalls to the north.
12.13 Applicant shall provide elevations of the carports to the Planning and
Zoning Director. The carport construction materials and colors shall
compliment the garage and building materials.
12.14 Ordinance 11-13-4. G allows compact parlcing stalls "upon petition" to
the City. The Site Master Plan shows 27 spaces, or 5.2% of the total
number of stalls. These compact stalls are dispersed in four (4) sets
throughout the site. The City Council approves the stalls, with the
exception of the row of ten (10) stalls along the south property line.
This row of stalls shall be broken-up to provide better access by
residents of Building A-I3.
12.15 One (1) additional parldng space beyond that which is required by the
Zoning Ordinance may be required for every three (3) dwelling units to
accommodate visitor parlcing (Ordinance 12-6-8-A-2). The proposed
complex is providing 72 stalls to accommodate the visitors, which meets
this ordinance.
12.16 The City Council requires approval of the front and side elevations for
the l6-plex buildings, clubhouse elevations, and garage elevations as
submitted. If possible, Applicant shall provide rear building elevations of
the 16-plex apartments and elevations of the 8-plex buildings for review
by the Council at the public hearing. The Council requires these
elevations be designed with similar features as the elevations shown (i.e.
decks, same percentage of window treatment, etc.).
12.17 Per Ordinance 12-6-7.E.S, proposals for Planned Unit Developments
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
shall include a minimum of ten percent (10%) common area. Common
open space shall mean land area exclusive of street rights-of-way,
buildings, parlcing areas, structures, and appurtenances except those
improvements that are accessible and available to all occupants of the
private units within the PD. The pool and clubhouse may count toward
the required 10% amount. The Site Master Plan (Sheet 6 MP-l) shows
a landscaped area calculation of 50.13%.
12.18 Six-foot-high, permanent cedar fencing shall be required along the full
eastern boundary of the subject parcel. Applicant shall submit detailed
fencing plans for review and approval. All required fencing is to be in
place prior to issuance of building permits.
12.19 One (1) project sign is proposed at the main complex entrance on S.
Locust Grove Road (see Landscape Plan). No project signage is proposed
at the Wilson Lane entrance. No details of the main entry sign were
submitted. In the R-15 zone, the maximum background area allowed is
32 sq. ft. and the maximum height is six feet (6').The entry signage for
the subdivision shall be placed outside of a 10' X 20' clear sight triangle,
measured from the projected intersection of Locust Grove Road and the
entry drive; or if the sign is reduced to 3' or less in height, it may be
placed within the sight triangle.
12.20 There shall be no phasing of this project.
12.21 The City Council further requires the applicant shall work with the
property owner to the South, Mr. Livingstone, to provide mature trees
or a fence.
12.22 Off-street parking shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance (11-13-4) and/or as
detailed in site-specific requirements.
12.23 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (11-13-4
and 11-13-S) and in accordance with .A1nericans with Disabilities Act
(ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
12.24 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
12.25 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas or the traveling public in
accordance with City Ordinance 11-13-4.C.
12.26 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance or as specifically
approved. No temporary signage, flags, banners or flashing signs shall
be permitted.
12.27 Provide five-foot wide pedestrian walkways in accordance with City
Ordinance.
12.28 In accordance with Ordinance 1I-I2-l.C., trash collection areas shall be
enclosed on at least three (3) sides by a solid wall or fence of at least
four feet (4') in height. Coordinate screened trash enclosure locations
and construction requirements with Sanitary Service Company and
provide a letter of approval from their office prior to applying for
building permits.
Adopt the Recommendation of the City of Meridian Water Department
as follows:
12.29 The internal water main loop, shall be a minimum diameter of 8 inches
and be designed to connect to the existing water mains in both Locust
Grove and Wilson Lane. The design shall include an 8 inch diameter
water main stubbed to the east boundary to comply with the lito and
through policy".
Adopt the Recommendation of the City of Meridian Water Department
as follows:
12.30 Common areas shall need to be kept clean of trash and weeds.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
12.31 All streets and roads shall be constructed before building is started.
12.32 Street name signs shall be installed before building is started.
12.33 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants and fire sprinkler systems to
the satisfaction of appropriate City departments.
13.34 All vehicles shall park in designated areas, not in the street area.
. Adopt the Central District Health Departmentts Recommendations as follows:
12.35 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
12.36 Run-off is not to create a mosquito breeding problem.
12.37 Stonnwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
12.38 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.
Adopt the Recommendations of the N ampa & Meridian Irrigation District as
follows:
12.39 Applicant shall comply with Irrigation District requirements in the
development.
Adopt the Recommendations of the Ada County Highway District as follows:
12.40 Dedicate 48 feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
permit (or other required permits), whichever occurs first.
12.41 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the right-of-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
12.42 Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
12.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet beyond the edge of pavement of Wilson Lane.
12.44 Construct a driveway on Locust Grove located a minimum of ISO-feet
from any existing or proposed driveways or streets . Verify that the
driveway location is offset ISO-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
12.45 Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions.
12.46 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
as Mixed/Planned Use Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
. vicinity and that such uses will not change the intended essential character of the
. same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will 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.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
I. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
"Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act'! except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
. Code Section 67-6504 which the City Council of the City of Meridian has
. established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code 9 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-01-01
. IN THE MATTER OF THE )
APPLICATION OF DAVID )
WALDRON, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 16 ACRES FOR PROPOSED )
FOUNTAIN PARK )
SUBDIVISION, LOCATED AT )
THE SOUTHEAST CORNER OF )
LOCUST GROVE AND WILSON )
LANE, MERIDIAN, IDAHO )
)
Case No. AZ-O 1-004
FINDINGS OF PACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on May 1,2001, at the hour of 6:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing on behalf of the
Applicant were David Waldron and Phil Hull, and no one appeared in opposition,
and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PAlU( SUBDIVISION - (AZ-OI-004)
Page 1
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for May I, 2001, before the City Council, the first publication appearing
. and written notice having been mailed to property owners or purchasers of record
. within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (I5) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the May 1, 2001, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 99 67~6S09 and 67-6S11, and Meridian City Code 99 II-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAlN PARK SUBDIVISION - (AZ-OI-004)
Page 2
adopted December 21,1993, Ordinance No. 629, JanualY 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property, which is the subject of the application for annexation and
Zoning, is described in the application, and by this reference is incorporated herein as
. if set forth in full.
5. The property is approximately 16 acres in size and is located at the
southeast corner of Locust Grove and Wilson Lane. The property is designated as
Fountain Parle
6. The owner of record of the subject property is Barbara Myall of Goleta,
California.
7. Applicant is David Waldron of Boise, Idaho.
8. The property is presently zoned by Ada County as R-T, and consists of
vacant land.
9. The Applicant requests the property be zoned as R-I5.
10. The subject property is bordered by CG, RUT and R-40 zoning and city
limits of the City of Meridian are adjacent and abut to the north of the subject
property.
II. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 3
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: 216 unit apartment complex.
14. The Applicant requests zoning of the subject real property as R-lS
o which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed Use.
IS. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
16.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, and other items as required by the Commission or
Council.
16.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the parcel,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 4
except the Jackson Drain, shall be tiled per City Ordinance 12-4-13.
Plans shall need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. It is recognized by
the City that the Applicant proposes to keep the Jackson Drain open as
a project amenity.
16.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8 . Wells shall be used for non-domestic purposes
such as landscape irrigation.
16.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
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.
16.5 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
16.6 Off street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
16.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
16.8 All signage in the proposed project shall be in accordance with the
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
16.9 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
16.10 All construction shall conform to the requirements of the Americans
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 5
with Disabilities Act.
16.11 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook~up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the N ampa & Meridian Irrigation District as
follows:
16.12 All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code 31~3805.
Adopt the Recommendations of the Ada County Highway District as follows:
16.13 Dedicate 48~feet of right~of~way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other requirement permits), whichever occurs first.
16.14 Construct a S-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the right-of-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
16.15 Construct curb, gutter and a S-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
16.16 Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet and at least 30-feet beyond the edge of
pavement of Wilson Lane.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PA1U( SUBDIVISION - (AZ-OI-004)
Page 6
16.17 Construct a driveway on Locust Grove located a minimum of ISO-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset ISO-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
16.18 Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
16.19 Locate any proposed gated entry a minimum of 50-feet from a public
road. Coordinate the location of any proposed gated entry with District
staff.
16.20 All utility and irrigation relocation costs associated with improving
street frontages abutting the site shall be borne by the developer.
16.21 Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association.
16.22 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited.
16.23 Additionally, Applicant shall comply with the ACHD's Standard
Requirements in their letter dated April 19, 200 I.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAlN PARK SUBDIVISION - (AZ-OI-004)
Page 7
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
. in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as Medium High
Density Residential District (R-1S) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Use.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high~
quality development. Enhancement of Meridian's quality of life for all
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 8
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section SO~222. The Meridian City Code @ 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYDAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ.OI-004)
Page 9
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4,1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the
provision of services and the distribution of new housing
units within the Urban Service Planning Area.
4.3 To encourage the lcind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAlN PARK SUBDIVISION - (AZ-OI-004)
Page 10
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
4.1 Land Use
l.4U - Encourage new development that reinforces the City's
present development pattern of higher density development within
the Old Town area and lower density development in outlying areas.
I.8U - Promote the development of high-quality and
environmentally compatible residential areas that contain the
necessary parks, schools and commercial facilities to maintain and
form identifiable neighborhoods.
2.1 U - Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, duplexes, apartments,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 11
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood
parks within all residential areas.
2.3U - Protect and maintain residential neighborhood property
values, improve each neighborhood's physical condition and
enhance its quality of life for residents.
6.8U - New urban density subdivisions which abut or are proximal
to existing rural residential land uses shall provide screening and
transitional densities with larger, more comparable lot sizes to buffer
the interface between the urban level densities and rural residential
densities.
Natural Resources and Hazardous Areas
1.1 U - Identify and protect areas with special characteristics such as
stream corridors, canals, and wetlands.
2.1 U - Development along major drainage ways will be restricted to
ensure that development does not cause additional ground or
surface water contamination.
3.1 U - Manage and prevent unsuitable uses along drainageways and
protect the flood plains of creeks and drains.
Transportation
l.4U - Monitor and coordinate the compatibility of the land use
and transportation system.
1.20U - Encourage proper design of residential neighborhoods to
ensure their safety and tranquility.
Open Space, Parks and Recreation
2.5U - New subdivision development...will be considered as
opportunities to...Encourage the development of recreational open
spaces and parks as part of new planned developments.
Housing
1.1 - ...provide for a wide diversity of housing types...in a variety
of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PAIUC SUBDIVISION - (AZ-OI-004)
Page 12
1.4 - The development of housing for all income groups close to
employment and shopping centers shall be encouraged.
1.6 - Housing proposals shall be phased with transportation,
open space and public service and facility plans, which will
maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be
located near open space corridors or other permanent major open
space and park facilities, and near major access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially in
areas of prominent visibility.
6.11 U - Promote well-planned and well-designated affordable
housing in all Meridian neighborhoods.
S. The zonings of Medium High Residential District (R-I5) is defined in the
Zoning Ordinance at S 11-7-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of
the R-15 District is to permit the establishment of medium-high density
single-family attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such districts must have
direct access to a transportation arterial or collector, abut or have direct
access to a park or open space corridor, and be connected to the Municipal
water and sewer systems of the City. The predominant housing types in
this District will be patio homes, zero lot line single-family dwellings,
townhouses, apartment buildings and condominiums.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible
mixed/planned unit development.
7. Since the annexation and zoning of land is a legislative function, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 13
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (I983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
. .4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16A A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
pennitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 14
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 16
acres to Medium High Density Residential District (R-I5) is granted subject to the
. terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 16 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
3.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, and other items as required by the Commission or
CounciL
3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the parcel,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 15
except the Jackson Drain, shall be tiled per City Ordinance 12-4-13.
Plans shall need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. It is recognized by
the City that the Applicant proposes to keep the Jackson Drain open as
a project amenity.
3.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes
such as landscape irrigation.
3.4 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall
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.
3.5 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 1I-13-4.C. and 12-5-2.M.
3.6 Off street parlcing shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
3.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parlcing areas. All site drainage shall
be contained and disposed of on-site.
3.8 All signage in the proposed project shall be in accordance with the
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
3.9 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
3.10 All construction shall conform to the requirements of the Americans
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 16
with Disabilities Act.
3.11 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.12 All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code 31-3805.
Adopt the Recommendations of the Ada County Highway District as follows;
3.13 Dedicate 48-feet of right-of-way from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other requirement permits), whichever occurs first.
3.14 Construct a 5 - foot wide concrete sidewalk on Locust Grove Road
located 2~feet within the right-of-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
3.15 Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
3.16 Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet and at least 30-feet beyond the edge of
pavement of Wilson Lane.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
Page 1 7
3.17 Construct a driveway on Locust Grove located a minimum of ISO-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset ISO-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
3.18 Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
3.19 Locate any proposed gated entry a minimum of 50-feet from a public
road. Coordinate the location of any proposed gated entry with District
staff.
3.20 AU utility and irrigation relocation costs associated with improving
street frontages abutting the site shall be borne by the developer.
3.21 Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeo"Yvners
association.
3.22 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited.
3.23 Additionally, Applicant shall comply with the ACHD's Standard
Requirements in their letter dated April 19, 200 I.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-15) Medium High Density Residential
District, and Meridian City Code S 11-7-2 E.
S. S~bsequent to the passage of the Ordinance provided for in section 4 of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-OI-004)
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF PINAL ACTION
Please take notice that this is a final action of the goven1ing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the /S1?:::. day
meLt"
ROLL CALL
of
,2001.
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-O 1-004)
Page 19
COUNCILWOMAN CHERIE McCANDLESS
VOTED$a-.
--
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: S-(5""-O!
VOTED
. MOTION: _ ~.
; .' APPROVE~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BYJt7L~~flc
City Clerk ...
Dated: 5--! f;=tJ!
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PA.c~K SUBDIVISION - (AZ-OI-004)
Page 20
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FORA 216 UNIT)
. APARTMENT COMPLEX, IN A PROPOSED )
R~15 ZONE, LOCATED AT THE SOUTHWEST)
CORNER OF LOCUST GROVE AND WILSON )
LANE, MERIDIAN, IDAHO )
)
)
)
C/C 05-01-0 I
CASE NO. CUP-OI-007
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the I ST day of May, 200 I,
under the provisions of Meridian City Code S 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
I. That the Applicant of the property is granted a conditional use permit for a
planned development and 216-unit apartment complex, the proposed application
request of a conditional use permit for the construction, development, maintenance
and use for a planned development and 216-unit apartment complex for Fountain
Park Subdivision, as described in the "LANDSCAPE PLAN - PROJECT NUMBER
01005, ISSUE DATE: 2-14-2001, SHEET TITLE: LANDSCAPE PLAN,
FOUNTAIN PARK, MERIDIAN, IDAHO, THE LAND GROUP, INC.
ARCHITECT," David Waldron, Developer, for the development of the
aforementioned development for a development consisting of a planned development
and 216-unit apartment complex for Fountain Park and which property is described
in the attached Exhibit "A" and incorporated herein as if set forth in full hereat.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON! FOUNTAIN PARK! CUP-OI-OO?
PAGE 1 OF 5
2. That the above named applicant is granted a conditional use permit for a
planned development and 216-unit apartment complex for Fountain Park, located at
the southeast corner of Locust Grove and Wilson Lane, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 Handicap parldng, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act (ADA)
and the Fair Housing Act (FHA). For example, when covered parldng
and garages are provided, at least one (1) of each type shall be handicap-
accessible (see Fair Housing Act Design Manual 2.23). By the architect
or engineer's stamp on plans, they shall certify that all construction
meets ADA and FHA Standards.
2.2 Sanitary sewer service to this site is proposed via extensions from an
existing main in Wilson Lane. Applicant shall be responsible to
construct the sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of the centerline.
2.3 Water service to this site shall be via extensions from existing mains in
Wilson Lane, and Locust Grove. Applicant shall be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall provide the Public works
department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains shall be monitored with the Meridian Water Department.
2.4 Assessments for sewer and water service are determined during the
building permit application process. This development shall be subject
to applicable Latecomers fees, currently $533.00 per equivalent
residential unit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY DAVID WALDRON; FOUNTAIN PARK; CUP-OI-OOI
PAGE 2 OF 5
2.5 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Applicant shall submit hook-up and design
details based on the proposed landscaping. Due to the size of
landscaped area, primary water supply connection to the City's mains
shall not be allowed. Applicant shall be required to utilize any existing
surface or well water for the primary source. If City water is proposed as
a secondary source, developer shall be responsible to pay water
assessments for the entire common open area.
2.6 The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the
Settlers Canal in its new, relocated position. This easement is not shown
on the Site Master Plan. Assuming this easement is in its correct
location, all buildings and parlcing areas are located outside the
easement, so no license agreements should be necessary. However, if the
irrigation district requires a License Agreement for the pathway or the
parking areas that border the easement, such agreements shall be
presented with the Certificate of Zoning Compliance application.
2.7 Nineteen (19) separate stormwater swales are shown on the Grading
Concept Plan (Sheet C-I). Any of these swales that are included in the
minimum 10% open space requirement shall be designed with slopes no
greater than 4: I and grass so that any standing water is drained within
24 hours of the completion of a storm event. All stormwater facilities
shall be designed in accordance with Section II of the Landscape
Ordinance.
2.8 The Site Master Plan (Sheet MP-I) proposes an interactive water
feature within the central commons area. A zero depth pool is required
by the City Council. In addition, all appropriate safety mechanisms
shall be installed to prevent any child hazards.
2.9 The pool area shall be fenced with a minimum 4-foot high fence to
restrict access into the pool area by unattended children.
2.10 The Landscape Plan meets ordinance and is required for approval as
proposed. Existing trees on the site which are four (4) inch caliper or
greater, shall be preserved or mitigated for in accordance with the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON / FOUNTAIN PARK! CUP-OI-007
PAGE 3 OF 5
Landscape Ordinance.
2.11 The applicant is responsible to ensure no utility easements exist that
would preclude the proposed landscaping. All landscaping shown shall
be required. A few trees adjacent to the pathway appear to be within the
Settlers Canal easement. The Applicant shall ensure these trees are
planted outside the easement or enter into a License Agreement with
the irrigation company.
2.12 No pedestrian or bicycle connection is available to Wilson Lane except
via the driveway, which is more than 600 feet east of Locust Grove. The
City Council requires a minimum I O-foot wide pedestrian/bicycle access
path be provided through the Wilson Lane landscape berm to connect
with the Wilson Lane sidewalk. The Council leaves the exact location of
the path up to the Applicant, but a logical option would be to extend
the sidewalk on the east side of Building A-I that serves the row of six
( 6) parking stalls to the north.
2.13 Applicant shall provide elevations of the carports to the Planning and
Zoning Director. The carport construction materials and colors shall
compliment the garage and building materials.
2.14 Ordinance 11-13-4.G allows compact parlcing stalls "upon petition" to
the City. The Site Master Plan shows 27 spaces, or 5.2% of the total
number of stalls. These compact stalls are dispersed in four (4) sets
throughout the site. The City Council approves the stalls, with the
exception of the row of ten (10) stalls along the south property line.
This row of stalls shall be broken-up to provide better access by
residents of Building A-13.
2.15 One (I) additional parlcing space beyond that which is required by the
Zoning Ordinance may be required for every three (3) dwelling units to
accommodate visitor parlcing (Ordinance 12-6-8-A-2). The proposed
complex is providing 72 stalls to accommodate the visitors, which meets
this ordinance.
2.16 The City Council requires approval of the front and side elevations for
the 16-p1ex buildings, clubhouse elevations, and garage elevations as
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-007
PAGE40F5
submitted. If possible, Applicant shall provide rear building elevations of
the 16-plex apartments and elevations of the 8-plex buildings for review
by the Council at the public hearing. The Council requires these
elevations be designed with similar features as the elevations shown (i.e.
decks, same percentage of window treatment, etc.).
2.17 Per Ordinance 12-6-7.E.5, proposals for Planned Unit Developments
shall include a minimum of ten percent (10%) common area. Common
open space shall mean land area exclusive of street rights-of-way,
buildings, parking areas, structures, and appurtenances except those
improvements that are accessible and available to all occupants of the
private units within the PD. The pool and clubhouse may count toward
the required 10% amount. The Site Master Plan (Sheet 6 MP-l) shows
a landscaped area calculation of 50.13%.
2.18 Six-foot-high, permanent cedar fencing shall be required along the full
eastern boundary of the subject parcel. Applicant shall submit detailed
fencing plans for review and approval. All required fencing is to be in
place prior to issuance of building permits.
2.19 One (1) project sign is proposed at the main complex entrance on S.
Locust Grove Road (see Landscape Plan). No project signage is proposed
at the Wilson Lane entrance. No details of the main entry sign were
submitted. In the R-15 zone, the maximum background area allowed is
32 sq. ft. and the maximum height is six feet (6').The entry signage for
the subdivision shall be placed outside of a 10' X 20' clear sight triangle,
measured from the projected intersection of Locust Grove Road and the
entry drive; or if the sign is reduced to 3' or less in height, it may be
placed within the sight triangle.
2.20 There shall be no phasing of this project.
2.21 The Ciry Council further requires the applicant shall work with the
property owner to the South, Mr. Livingstone, to provide mature trees
or a fence.
2.22 Off-street parking shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance (11-13-4) and/or as
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-OO?
PAGES OF 5
detailed in site-specific requirements.
2.23 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (11-13-4
and 11-13-5) and in accordance with Americans with Disabilities Act
(ADA) requirements.
2.24 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parlcing areas. All site drainage shall be contained and disposed
of on-site.
2.25 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas or the traveling public in
accordance with City Ordinance II-I3-4.C.
2.26 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance or as specifically
approved. No temporary signage, flags, banners or flashing signs shall
be permitted.
2.27 Provide five-foot wide pedestrian walkways in accordance with City
Ordinance.
2.28 In accordance with Ordinance 11-12-l.C., trash collection areas shall be
enclosed on at least three (3) sides by a solid wall or fence of at least
four feet (4') in height. Coordinate screened trash enclosure locations
and construction requirements with Sanitary Service Company and
provide a letter of approval from their office prior to applying for
building permits.
as follows:
Adopt the Recommendation of the City of Meridian Water Department
2.29 The internal water main loop, shall be a minimum diameter of 8 inches
and be designed to connect to the existing water mains in both Locust
Grove and Wilson Lane. The design shall include an 8 inch diameter
water main stubbed to the east boundary to comply with the "to and
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON /FOUNTAIN PARK/ CUP-OI-007
PAGE60F5
through policy".
Adopt the Recommendation of the City of Meridian Water Department
as follows:
2.30 Common areas shall need to be kept clean of trash and weeds.
2.31 All streets and roads shall be constructed before building is started.
2.32 Street name signs shall be installed before building is started.
2.33 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants and fire sprinlder systems to
the satisfaction of appropriate City departments.
2.34 All vehicles shall park in designated areas, not in the street area.
Adopt the Central District Health Department's Recommendations as follows:
2.35 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
VYelfare, Division of Environmental Quality.
2.36 Run-off is not to create a mosquito breeding problem.
2.37 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.38 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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
2.39 Applicant shall comply with Irrigation District requirements in the
development.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-OO?
PAGE? OF 5
Adopt the Recommendations of the Ada County Highway District as follows:
2.40 Dedicate 48 feet of right-ofwway from the centerline of Locust Grove
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
2.41 Construct a 5-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the right-ofwway. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
2.42 Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
2.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet beyond the edge of pavement of Wilson Lane.
2.44 Construct a driveway on Locust Grove located a minimum of ISO-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset I 50-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
2.45 Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions.
2.46 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON / FOUNTAIN PARK/ CUP-Ol-OOl
PAGE 8 OF 5
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
/n1L~ ,2001.
/516=
day of
,~
t D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
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By;J{~AAp 9-
ty Clerk
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-
BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-OO?
PAGE 9 OF 5
A parcel of land being all of Lots 18, 19, and 20, and a portion East Wilson Lane and North Locust
Grove Road of Pleasant Valley Subdivision, according to the plat thereof, filed in Book 12, Page
665 of Plats in the Office of the County Recorder, Ada County, Idaho, located in the West 1/2 of
Section 8. Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly describe as follows:
Commencing at the Section comer common to Sections 5, 6, 7, and 8, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho; thence along the boundary line common to Sections 7
and 8, South 00000'23" West a distance of 445.00 feet to a point on the centerline of East Wilson
Lane, said point also being THE TRUE POINT OF BEGINNING; thence along the centerline of
EasfWilson Lane. North 89034'33" East a distance of 1038.17 feet to a point on the northerly
extension of the line common to Lots 7 and 20 of Pleasant Valley Subdivision; thence along said
extended line and the common line of Lots 7 and 20 of Pleasant Valley Subdivision, South
00000'23" West a distance of 1014.63 feet to a point on the southwesteriy boundary line of said
Pleasant Valley Subdivision; thence along said southwesterly boundary line, North 65046'3/' West
a distance of 294.73 feet; thence along said southwesterly boundary line and an extension of said
southwesterly boundary line, North 55059'3/' West a distance of 928.00 feet to a point on the line
common to Sections 7 and 8; thence along said common line, North 00000'23" East a distance of
367.00 feet to THE POINT OF BEGINNING.
Said parcel contains 740,401 square feet or 17.00 acres, more or less.
ELL~I '*/1 If
May 11, 2001
MERIDIAN CITY COUNCIL MEETiNG May 15, 2001
APPLICANT ITEM NO. 3-L
REQUEST Approval of Judges and Clerks for City Special Election
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DlSTRICT:
SANITARY SERVlCE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
See attached
vV
(jJffO
Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN SPECIAL ELECTION JUDGES AND CLERKS
FOR MAY 22, 2001
The following election judges and clerks for the May 22nd, 2001 City of Meridian
Special Election have been selected for your approval:
Election Judges & Clerks Coordinator: June Pack
First Precinct #800 @ American Legion Hall, 22 W. Broadway
June Pack - Judge
524 W. Carlton Avenue
888-2839
Patricia Roberts - Clerk
1523 N. Meridian Road
888-2561
Annalee Luke - Judge
1529 W. Carlton Avenue
888-2609
(Bill) William G. Berg, Sr. - Clerk
231 W. Washington Avenue
888-1822
Second Precinct #801 @ City Hall, 33 E. Idaho Avenue
Mary Harvey - Judge
1239 W. Maple Avenue
888-3250
Bruce Harvey - Clerk
1239 W. Maple Avenue
888-3250
Shirley Petersen - Clerk
935 E. Pine Avenue
888-3364
Betty Yerrington - Clerk
1402 N. Meridian Road
888-2777
Alternate: Gloria Bennett - Clerk
501 E. Washington
887-9203
Third Precinct #802 @ Meridian Library, 1326 W. Cherry Lane
Joline Golightly - Judge
1141 Fairwood Court
888-9649
Julia Couch - Clerk
1012 N. Fairwood Court
888-7250
Donna Brinkerhoff - Clerk
805 E. McMillan Road
887-1211
Barbara Dopp - Clerk
1918 Lawndale Drive
887 -8636
Page 1
(
Fourth Precinct #803 @ Locust Grove Grange, 1201 E. Victory Road
Debbie Warwick - Judge
558 E. Kingsford Drive
888-5726
Renee' Keller - Clerk
587 E. Kingsford Drive
888-2551
Terry McMorrow - Clerk
1001 N.W. 13th Avenue
888-6615
Lana Peoples - Clerk
1447 N. Crestmont Drive
887 -6871
Alternate: Linda Berg - Clerk
778 E. Trinidad
888-1843
All the listed judges and most of the clerks have served in preceding elections.
PASSED by the City Council and APPROVED by the Mayor this 15th day of
May, 2001.
APPROVED:
~
ROB RT D. CORRIE, MAYOR
\\\\H\"lI'Hf/!lIJh
,,:-.'\'~ Of ME.?:[~,,';rl"/"j
$' ~ ~"tl' <,>
JI~P~I9-- I O~o~?Oll4% 1-\
WILLIAM G. BERG, JR.,lrY CLER~ .' ::
l."~- (7 2i
.... - ~.~~ .fv:-'
~ '<> br 1~\ -.p ;;.::
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. Of' ?:.. ,,~~
ATTESTED:
Page 2
May 12,2001
Department Report
MERIDIAN CITY COUNCIL MEETING
May 15,2001
APPLICANT P & Z Dept - Shari Stiles ITEM NO. 4-A-1
REQUEST Discussion of Adminstrative Approval of "Stealth" Cellular Towers
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
I tj./
rDV
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d) ~i j rv \ , n (1'\ v . /\ 0 S I
~l' ~V- 1 s-P ~ f~
~~ ~ . O'
cP.~u~j
g} Llf"
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
ND ~bl HVC:'.f-!
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VOL. 21, NO. 40 - OCTOBER 2-8, 2000
SAN DIEGO BUSINESS JOURNAL
ENTERPRISE: Telecommunications
Qualcomm Spinoff's Cricket Growing
By Leaps and Bounds
BY MIKE ALLEN
Staff Writer
J enipher Lancaster wasn't all that thrilled
with her cell phone service provider and
monthly bills averaging between $200 to
$300, so when her two-year contract expired,
she was ready to go sans cellular.
That soon changed after she heard about
Cricket, the wireless phone service provided
by San Diego-based Leap Wireless Intel'-
national Inc.
Lancaster, the director of sales and mar-
keting for the Hilton/Hampton Inn in Nash-
ville, Tenn., had seen the television ads and
knew a friend who gave the new service high
marks.
It wasn't long after signing up that
Lancaster became a Cricket convert.
"One of the best things I like about it is
that I don't have to worry about a contract,"
she said.
Lancaster liked Cricket so well, she dis-
pensed with her regular land line and now
makes all her calls with her new cell phone,
made by Qualcomm Inc.
Her monthly phone bills that used to
average more than $200 are now about $42,
no matter how many calls or how long she
talks.
With Cricket, users pay a flat monthly fee
of $29.95 for unlimited calls within the
service area. If they go outside that area,
which in Nashville extends beyond 40 miles
outside the center city, they can't make or
receive calls.
For those San Diegans thinking of switch-
ing their cell phone service right now,
forget about it unless you live in Nashville
or Chattanooga, Tenn. Those are the only
markets where Cricket is available.
Cornering Markets
By the end of the year, the service should
be available in eight other cities from a list
of 10 the company has licenses
for, including Albuquerque, N.M.;
Memphis and Knoxville, Tenn.;
Charlotte and Greensboro, N.C.;
Little Rock, Ark.; Tulsa, Okla.;
Tucson, Ariz.; Wichita, Kan.; and
Salt Lake City.
Harvey White, Leap Wireless'
CEO, said the company has
licenses or agreements in the pipe-
line for 30 other cities. The cities
are usually self-contained metro-
politan areas with populations in
the 500,000 to 4 million range.
''The nice thing about Leap is
that everybody else (other wire-
less carriers) builds coverage to
cover the whole nation or a whole
region ... but we don't because we
just buy markets," White said.
Because Cricket's service
doesn't allow "roaming," or trans-
mitting calls over a much wider
area, it doesn't have to invest in costly base
stations and other infrastructure in rural
areas. White said Cricket's capital invest-
ment is about a third of a typical wireless
carrier.
Other factors contributing to Cricket's
lower costs are its flat price, requiring cus-
tomers to pay in advance, and lower
inventory costs related to offering fewer
types of phones. Since the service allows
for unlimited calls, there are few calls to
the customer service department over bill-
ing problems.
Leap Wireless' CEO Harvey White oversees his
cellular company's growth in distinct, self.
contained markets.
Cost Conscious
It all adds up to an attractive product for
customers who may have considered get-
ting a cell phone but backed off when on
the monthly price, and its unpredictability
whenever they exceeded the monthly
allotment.
"We were early to recognize there's a huge
part of the population who wanted it, but
didn't see a service that fit their needs,"
White said.
White cited a recent survey of cell phone
use showing that among those earning
$50,000 or more, 54 percent had wireless
phones. Yet among those earning less than
$35,000, only 17 percent used the phones.
Leap was launched in September 1998
as a Qua1comm spinoff. Through a variety
of acquisitions and joint ventures,
Qua1comm was doing business intemation-
ally in Australia, Chile, Mexico and Rus-
sia. While the company viewed the assets,
primarily licenses, as positives, financial
analysts assigned a negative value to them,
White said.
The intemational holdings were seen as
insignificant, a distraction, and ultimately,
would be a drag on Qualcomm's earnings
i
\,
(
Enterprise: Qualcomrn Spinoff's Cricket Growing By Leaps and Bounds
because they would require massive capi-
tal investment, White said.
"They looked at all these assets that we
thought had value, but from a QuaIcomm
shareholder standpoint, they either had no
value or negative value," he said.
Independent-Nlinded
The solution was to create an indepen-
dent company that would attract investors
who saw value in the assets. Apparently,
many did. From an initial public offering
price' of $8, Leap stock (LWIN, Nasdaq)
ju'mped to a high last year above $25, and
has traded at a high this year of $111. Last
week, it was trading about $58, but most
analysts attributed the decline to an over-
all dampening of the market that has hit
most tech stocks.
"We believe Leap Wireless is a unique
service that is addressing an untapped wire-
less market," said John Bright, an analyst
for Johnson, Rice & Co. in New
Orleans. Bright assigned Leap its highest
I buy rating.
Considering Leap's tinancials, it's defi-
nitely a speculative investment play, but
one that could prove worthwhile over the
longer term, Bright said.
For the nine months ended May 31, it
had revenues of $31.2 million, and a net
loss of$161 million. For fiscal 1999, it had
revenues of nearly $4 million and a loss of
$164.6 million.
White said the losses are expected
because the company is still in an expan-
sion phase, moving into many new markets,
always investing in capital to provide ser-
vice. While he declined to predict when it
would show net profits, White said on a cash
basis (before taxes and other costs are sub-
tracted), Leap expects to break even in its
first market, Chattanooga, by the end of the
year.
That benchmark is better than the typi-
cal wireless carrier, which takes between
two to three years to break even in a
particular market, he said.
Over the past two years, Leap has changed
its focus from international to domestic. It
sold its licenses in Australia and Chile for
what White described as handsome profit
and pulled out of its agreements in Russia.
Its remaining international business is a
20 percent stake in Pegaso pes, based in
Mexico City. The firm has been providing
wireless service since February to the
country's four largest cities: Mexico City,
Guadalajara, Monterrey and Tijuana.
White said the decision to sell off its
international assets were motivated by
favorable offers for licenses in certain mar-
kets and the negative economic conditions
in Russia. He said Leap's strategy was
always to do business domestically but first,
it had to acquire licenses.
While Leap concentrates on rolling out
Cricket in eight new mid-sized cities this
year, and about 25 more next year, White
said the company will consider future in-
ternational opportunities if they make
sense.
Right now, it's focused on an upcoming
federal auction of some 400 wireless
licenses, the majority belonging to former
San Diego wireless carrier NextWave,
which filed for bankruptcy two years ago.
White said Leap plans to purchase
licenses for about 80 markets, but isn't that
concerned which ones it gets. He wouldn't
reveal how much has been allocated to the
auction purchases.
Although the company is reluctant to tip
its hand on this particular deal, Leap isn't
shy about telling what it is investing na-
tionally.
Earlier this month, Leap announced a
three-year contract to buy $350 million
worth of infrastructure equipment from
Nortel Networks. In July, it disclosed it was
tripling a purchase agreement with Lucent
Technologies for $900 million worth of
network equipment.
Besides equipment, Leap is investing
heavily in labor. From about 40 employees
at the time it started, Leap now has about
400 employees, half of whom are based at
its Sorrento Mesa headquarters.
That number should double by the end
of this year, but they will be employed in
the new markets. Each new office should
have a staff of about 50. The jobs are
primarily in sales, technical support and
management.
Leap's phone service isn't for everyone,
WhIte said. If you need to be linked wher-
ever you go, don't pick Cricket. But if you
want mobile calling power within the place
you live, work and play, for an affordable,
prepaid price, then Cricket just might be
the ticket.
Reprinted with permission of the San Diego Business Journal. @2000, all rights reserved.
Reprinted by Scoop ReprintSource 1 -800-767 - 3263
('
RECEIVED
MAY 1 5 2001
CITY OF MERIDIAN
DELINQUENCY FOR TURN
OFF SCHEDULED FOR 05/16/01
'..MAYOR: This is to inform you in writing, if you choose
to, you have the right to a predetermination hearing at 7:30
P.M. Tuesday, May 15,2001, before the Mayor and City
Council to appear in person to be judged on the facts and to
defend the claim made by this City that your water, sewer
and trash bill is delinquent. You may retain counsel. This
service will be discontinued on May 16, 2001,~
payment is received in full. Is there anyone pre~~~t ~ho hn d!-
wishes to contest his or her water, sewer and trash f1A<<J 23
delinquency?
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $26,168.99.
~~
(
CITY OF MERIDIAN Delinquent Account List. council Page: 1
Standard Payment Customers May 15,2001 02:56pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No = {<} 9900000
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
69.0106.1 MCGOFF, GARY & WENDY 59.98 31.22 28.76 04/09/2001 28.76 . none
74.2744.1 ABBOTT, KEVIN & SHAWNA 79.57 37.87 41.70 04/10/2001 41.70. none
69.0632.1 ADAMS, RAYMOND & VICKIE 122.93 62.08 60.85 03/14/2001 57.02 - none
51.1152.1 ADVANCED HEATING 84.40 16.88 16.88 16.88 33.76 12/15/2000 16.88.
51 :114'8.1 ADVANCED HEATING 84.40 16.88 16.88 16.88 33.76 12/15/2000 16.88 .
42.2370.1 AIKMAN, WILLIAM 72.91 46.53 26.38 03/23/2001 34.04 . none
33.0186.1 ALBERTSON'S INC. #164 2,240.08 1,274.24 253.04 712.80 03/14/2001 1,147.61. none
46.4612.1 ALBERTSONS WHOLESALE 342.04 173.63 168.41 04/04/2001 147.71 . none
74.2452.1 ALLEN, RICHARD L. 84.33 40.25 44.08 04/12/2001 40.25. none
31.3422.1 ALLEN, TIM 97.07 56.57 40.25 .25 04/17/2001 40.00. none
72.0222.1 ANDERSON, BRAD 82.96 42.71 40.25 04/12/2001 44.08 . none
34.0930.1 ANDERSON, DALLAS 90.69 56.65 34.04 04/05/2001 34.04 - none
1.1070.1 ANDERSON, RALPH 57.24 31.86 25.38 03/14/2001 25.38 . none
1.1060.1 ANDERSON, RALPH 59.24 32.86 26.38 03/14/2001 26.38 . none
1.1080.1 ANDERSON, RALPH 117.12 68.28 48.84 03/14/2001 51.44. none
4.1766.2 ANDERSON, TODD 80.85 57.88 22.97
21.2070.1 ANKENMAN, MICHAEL A 81.64 49.05 32.59 04/17/2001 30.62 - none
2.6300.1 ANSON, PATRICIA 96.72 70.74 25.98 04/24/2001 40.00 - none
68.0070.1 ARES, TONY 73.71 42.71 31.00 05/01/2001 46.00. none
2.2110.1 ARMAS, SAMUEL 349.61 349.61 10/16/2000 91.00 - none
20.2006.1 ARNETT. DUKE 59.24 32.86 26.38 03/16/2001 26.38 - none
21.3288.1 ARRINGTON, JUSTIN 99.48 57.94 40.25 1.29 03/28/2001 40.00. none
35.0119.2 ARROYO, ANDRES & TINA 66.90 43.93 22.97
51.3370.1 ATWOOD, CINOI 57.82 31 .44 26.38 03/22/2001 68.08 - none
32.1562.2 BABBITT, BARBARA 75.65 45.44 30.21 03/07/2001 75.74 -
69.1620.1 BACHMAN, MICHAEL L. 82.82 50.23 32.59 04/16/2001 59.40 . none
2.3550.2 BAILEY, PEGGY 59.66 32.86 26.38 .42 04/17/2001 35.00.
51.0694.1 BAILEY, PEGGY 63.35 35.27 28.08 04/20/2001 40.00 . none
69.1040.1 BAILEY, RONALD & CAROLYN 71 .47 38.88 32.59 03/27/2001 31.05. none
22.1220.1 BAILEY, THOMAS 115.04 28.76 28.76 57.52 12/19/2000 141.61. none
3.0326.1 BAIN, RAND 127.77 76.81 50.96 04/17/2001 150.06 . none
1.4020.1 BAIRD OIL CO. 396.02 207.54 188.48 03/28/2001 184.65 . none
33.3626.2 BALL, TERESA 59.24 32.86 26.38 03/23/2001 52.76 .
69.0138.1 BANG, JAMES & PEGGY SUE 75.30 42.71 32.59 02/16/2001 55.57 . none
32.0744.1 BARNARD, WILLIAM 91.62 55.20 36.42 04/17/2001 40.25 - none
4.1424.1 BARNEKOFF, SHIRLY 74.12 41.53 32.59 03/12/2001 109.26. none
4.1438.3 BARNEY, MARY 68.92 40.16 28.76 04/02/2001 28.76 .
4.1430.1 BARNEY, MARY R 83.96 55.20 28.76 03/20/2001 44.08 - none
21.1894.1 BARNHART, CLINTON 81.78 37.84 28.76 15.18 03/01/2001 50.00 - none
50.1912.2 BARNHART. RICK 67.64 35.05 32.59 03/22/2001 86.67,
22.1740.2 BARNHART. RYAN 120.35 26.38 30.21 63.76 01/24/2001 62.12 -
42.1966.1 BARRY, CLAY A 117.87 77.62 40.25 03/19/2001 51.74 - none
31.3060.1 BASTIAN, DAVID 95.22 59.17 36.05 04/16/2001 50.00 - none
1 .0030.1 BEAUDOIN, JOHN R 73.06 35.32 37.74 04/24/2001 40.00 - none
34.0942.1 BECK, JIM 139.11 78.26 60.85 04/13/2001 60.85 . none
19.6576.3 BECKMAN, RICK & DARLA 71.82 41.61 30.21 04/09/2001 27.91.
46.0448.1 BEERY, LON 90.15 63.77 26.38 04/25/2001 26.38 . none
22.1560.1 BEESE, JEFFREY 89.60 51.73 37.87 03/14/2001 75.74. none
31.1004.1 BEHNER, ROBERT 112.14 60.40 51.74 04/1712001 47.51 - none
2.5690.3 BELL, DERRICK 64.00 35.24 28.76 0410212001 76.98 .
14.4440.1 BENCO INC 49.19 20.59 6.48 22.12 02112/2001 5.64.
... in Msg column indicates no Notice is to be sent
/ .,...
( (
CITY OF MERIDIAN Delinquent Account List- council Page: 2
Standard Paymenl Customers May 15.2001 02:57pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
16.3010.1 BENCO INC 95.62 32.86 26.38 36.38 03/08/2001 56.03 -
74.3172.2 BENDER, ERIC& TREASA 84.77 43.07 41.70 03/15/2001 68.48 '
51.3568.1 BENNET, PHILIP & CAROLYN 71.63 37.61 34.02 04/26/2001 26.40 -
33.2772.2 BENNETT, GREG 137.88 71.03 60.85 03/26/2001 76.17,
51.3570.2 BENNETT, PHILIP 52.69 26.38 26.31 04/20/2001 26.00 -
21.3076.1 BERRY, GALE 137.75 52.76 84.99 10/13/2000 73.28 - none
32.0656. f BEVINGTON, H LARUE 101.09 59.39 41.70 03/20/2001 106.38 - none
19.171.0.1 BILL & LORI THORNTON 183.17 80.19 102.98 04/16/2001 80.00,
34.0980.1 BIRZER. TODD A 64.16 37.78 26.38 03126/2001 10.36 - none
4.1834.1 BITONI, MARK 81.36 52.60 28.76 03/23/2001 36.42 - none
21.0154.2 BITTICK, BRIAN 78.11 44.07 34.04 04/02/2001 30.21 -
4.2200.1 BLA YE, LUCREZIA 70.77 42.76 28.01 03/12/2001 41.00 - none
33.2730.1 BLEAZARD. BARRETT 66.76 40.38 26.38 03/26/2001 30.21 - none
51.0438.2 BOANERGERS, LLC 113.24 55.32 57.92
4.0536.6 BOBKO, RAYMOND 66.62 40.24 26.38
74.2332.2 BOBKO, RAYMOND 108.25 53.11 55.14 04113/2001 56.00 -
42.0408.1 BOBKO, RAYMOND 108.96 69.09 37.87 04/20/2001 49.36 ' none
19.6650.2 BOECKERITZ, JEREMY 60.47 34.09 26.38 03/26/2001 26.38 -
51.0506.1 BOGGIS, CONNIE 58.42 29.21 29.21 04/17/2001 25.38 - none
21.2860.1 BOHN, JOHN D 88.37 50.50 37.87 03/08/2001 37.87 - none
31.0512.1 BOKMAN. HELEN 101.09 59.39 41.70 03/22/2001 108.72 - none
52.0246.1 BOLO'S PUB & EATERY 770.90 246.19 192.57 196.40 135.74 04/24/2001 192.57 - none
42.2050.1 BOLTON. STEVE & LYNNA 133.33 81.59 47.91 3.83 04/12/2001 47.91 - none
34.1318.2 BOOHER. CRAIG & DANA 118.17 80.30 37.87 04/16/2001 53.19.
42.3036.1 BOSIO, LAWRENCE 107.91 63.83 44.08 04125/2001 40.05 - none
74.0660.1 BOSSART, CANDACE 55.36 28.98 26.38 04/09/2001 30.21 - none
21.2124.3 BOUDREAU, YVETTE 187.73 45.30 30.21 34.04 78.18 03/19/2001 20.00.
19.6640.1 BOUNSANA.SOUVANNA 108.45 60.54 47.91 03/13/2001 47.91 . none
32.1372.2 BOYD, JAMES 84.40 50.36 34.04 03/19/2001 75.74 -
21.3068.1 BOYDSTUN, PATRICK & JUDY 66.62 40.24 26.38 03/26/2001 40.21 - none
72.0206.3 BOYER, KEITH 60.56 34.18 26.38
5.0802.1 BOYLE, JOHN 70.29 41.53 28.76 03/18/2001 32.59 - none
2.3712.2 BRINEGAR, E.E. 75.23 46.4 7 28.76 0411912001 28.76 -
19.4456.1 BROOKS FULLER HOMES 65.09 43.04 12.96 9.09 02/16/2001 220.00 - none
51 .0334.1 BROWN, MATTHEW & JULIE 56.59 30.21 26.38 04/17/2001 26.38 - none
74.3810.1 BROWN, ROBERT 58.75 29.99 28.76 03/28/2001 32.59 - none
42.1822.1 BRUCE, BITTON 65.23 36.47 28.76 03/23/2001 28.76 - none
33.3746.1 BRUCE, DARIN & MARTINA 110.88 75.80 35.08 04/13/2001 75.00 - none
32.1092.2 BUCKLEY, WILLIAM 62.93 36.55 26.38 02122/2001 52.76 -
33.1852.1 BUNDY, DOYLE 73.77 53.77 20.00 04/20/2001 40.52 - none
19.7150.2 BURCHFIELD, DARRELL 64.00 35.24 28.76 03/16/2001 90.11 -
32.1546.4 BURCHFIELD, DARRELL 70.43 45.36 25.07 04/17/2001 40.00 -
19.5494.4 BURCHFIELD. DARRELL 94.24 57.82 36.42 04/18/2001 36.42 -
3.0312.1 BURKETT, JEFFREY & ROXANNE 102.02 61.77 40.25 04/1612001 51.74 - none
19.6510.2 BURKETT, MARK, BRYAN & CAS. 98.95 56.71 42.24 03/2112001 100.00 -
32.0922.2 BURKHALTER, KURT 150.95 40.66 98.04 12.25
2.4890.2 BURNS, EMMETT 89.04 60.28 28.76 04/18/2001 40.25 -
74.3668.2 BURRIS, STANTON & JANICE 57.52 28.76 28.76 03/22/2001 52.84 -
5.0678.1 BURT, MARK A 65.62 42.86 22.76 04/18/2001 30.00 . none
42.2460.1 BURTON. JACK 83.45 53.24 30.21 04/19/2001 64.68 - none
4.2308.1 BUTTERFIELD. CHARLES & TON 163.04 103.64 59.40 04/18/2001 86.21 - none
32.1452.1 BYRNE, JASON 68.70 43.93 24.77 04/11/2001 27.99 - none
32.1570.1 CALDWELL, PATRICK 90.71 56.67 34.04 04/18/2001 45.37 ' none
34.1100.1 CALLISTER, BROCK 60.47 34.09 26.38 03/22/2001 86.80 - none
15.0057.2 CAMINITI, STEVE 107.38 61.85 45.53 04/0212001 49.36 -
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers May 15.2001 02:57pm
Current Period: 0513112001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pml Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/2812001 01/31/2001 Date Amount Msg
14.4488.2 CAMPBELL SR. DOUGLAS T 183.91 24.77 26.38 49.36 83.40 01/05/2001 37.87 -
34.0990.1 CAMPBELL. DOUGLAS 109.70 60.34 30.21 19.15 04/1812001 30.21 ' none
21.2664.1 CAMPBELL, ROLLAND 95.36 38.76 28.76 27.84 01/1812001 87.20 - none
31 .3058.2 CANADA, KIMBERLY 88.23 54.19 34.04 03/19/2001 37.87 -
3.0048.2 CARLO, CHRISTA 60.47 34.09 26.38 04113/2001 26.38 -
35.1038.2 CARR, BENJAMINE & CATHERIN 75.79 41.75 26.38 7.66 0412412001 26.38 -
31.2252.1" GASADY, WARREN A. 94.36 54.11 40.25 03121/2001 91.99 - none
3.4001.1 CASCADE BUILDERS 455.89 455.89
.2.5130.1 CASPERSEN, MAUREEN K 94.87 64.05 30.21 .61 04/18/2001 38.00 ' none
50.0310.2 CASSo BRUCE C 127.58 62.47 65.11 04/25/2001 52.76 -
48.1610.1 CB FINANCIAL DEV. 1.1.C. 560.45 374.06 186.39 05/03/2001 201.71 -
35.0011.2 CELEYA, ANN 89.44 49.19 40.25 04/16/2001 46.42 -
3.0070.1 CHANDLER-ZUNDEL. PATRICIA 77.81 45.22 32.59 03/16/2001 65.18 - none
22.0848.1 CHAPMAN. THOMAS 300.26 90.62 55.57 86.21 67.86 02/2712001 50.00 - none
19.1706.2 CHASE, NICHOLAS 80.62 46.67 33.95 0311612001 72.00 -
21.0218.1 CHEN, L1l1 & YIZE 99.42 42.70 26.38 30.21 .13 05110/2001 26.38 - none
50.1774.1 CHERRY'S BUILTIN VACS 249.78 124.89 124.89 04/17/2001 301.54 - none
15.0047.2 CHRISTENSEN, DAVID 178.23 75.68 49.36 53.19 03/19/2001 98.72 -
2.3466.2 CHRISTIANSEN, SUE ANN 59.24 32.66 26.38 04/02/2001 26.38 -
34.1204.1 CHRISTOFFERSON. ANDREW 251.43 49.13 30.21 34.04 138.05 04/1712001 105.21 - none
32.1278.1 CHURCH, LARRY 77.44 51.06 26.38 03122/2001 160.32 - none
22.1486.1 CHURCHMAN, STEVE J. 274.67 52.88 40.25 181.54 03/20/2001 100.00 - none
31.3056.2 CLARK, RANDY 76.74 46.53 30.21 03/20/2001 60.42 -
51.0690.2 CLAY. GREG 65.48 31.44 34.04 03/06/2001 30.21 -
2.2800.3 CLEMENT, MICHAEL 76.90 46.69 30.21 04/18/2001 26.38.
1.2020.1 CLEMENTS, ROBERT 62.35 36.55 25.80 04/16/2001 30.00 - none
21 .0002.1 CLIFFORD. JOHN 65.23 36.47 28.76 03/23/2001 28.28 - none
52.0376.1 CM CO INC 1,233.60 246.72 246.72 246.72 493.44 12/19/2000 199.92 -
21 .1766.1 COFFMAN, RICK K. 98.63 56.93 41.70 04/17/2001 49.36 - none
32.1142.2 COLBY, ZIINE & HEATHER 72.61 43.85 28.76 03/20/2001 36.42 -
50.2122.1 COLE, DANIEL & RENEE 60.93 40.11 20.82 0411612001 50.00 - none
2.1650.1 COLLINS, TERRY 72.28 43.07 29.21 04/16/2001 33.04 - none
21.0022.1 CONRAD, STEVEN 73.33 42.76 30.57 03/21/2001 70.00 - none
19.0074.2 CONVERY, TIMOTHY J. 72.57 44.27 28.30 03120/2001 12.25 -
50.0260.2 COOK, JOHN 61.52 36.38 25.14 0510112001 27.00,
69.2252.1 COOK. PETER 38.76 10.00 28.76 02/13/2001 95.42 - none
32.0938.1 COOLEY, ROBERT 75.65 45.44 30.21 04/16/2001 34.04 - none
21.2928.1 COOPER, CLINTON & CAMILLE 82.59 50.00 28.76 3.83 04/17/2001 28.76 - none
22.1598.1 COOPER, DEBBRA K 73.19 42.98 30.21 03/21/2001 92.45 - none
50.4818.1 CORANDVIEW HOMES LLC 48.37 6.48 6.48 6.48 28.93
74.3816.1 CORDELL, TODD 143.96 37.79 106.17 04/11/2001 80.00 - none
35.0326.2 COSTNER, SHARON 83.34 41.89 26.38 15.07
31.3420.1 COUCH, JULIA 73.89 40.38 33.51 04/17/2001 32.00 - none
35.0228.1 COVINO, PETER III 141.30 51.73 37.87 51.70 02/1412001 127.58 -
2.4770.1 COX, CHRISTI 120.75 76.67 44.08 03121/2001 107.31 - none
19.0334.1 COX, MARGARET 64.00 35.24 28.76 03119/2001 36.42 - none
42.2358.1 CRANDALL, LARRY 76.44 47.68 28.76 03/12/2001 109.26 - none
35.0096.2 CRA YCHEE, DILLON 60.47 34.09 26.38 03/16/2001 28.30 -
31.0808.1 CREEK, MARSHA 107.38 65.68 41.70 04/02/2001 57.02 - none
22.1044.1 CRIST, SHEILA 71.52 42.76 28.76 03114/2001 69.01 - none
20.1858.1 CROOKSTON JR. WAYNE G. 88.07 51.65 36.42 04116/2001 47.91 - none
42.4070.1 CROSS, ARBY 68.92 40.16 28.76 04/17/2001 28.76, none
74.2336.1 CROWELL, GARY 87.09 41.56 45.53 04/17/2001 37.87 - none
51.0996.1 CULVER, WALTER 323.92 50.87 45.53 53.19 174.33 12/26/2000 43.76 - none
21.2922.2 CUTLER, JASON & KIMBERLY 99.42 63.00 36.42 04/03/2001 67.06 -
... in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 4
Standard Payment Customers May 15,2001 02:57pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
50.3734.1 CZARNECKI, CHERYL 65.46 35.27 30.21 03/14/2001 71.91 - none
4.0666.2 DA ROSA, JULIE 62.02 48.04 33.98 04/16/2001 41.76 -
74.3536.1 DAILY, ROBERT 67.78 35.19 32.59 04/16/2001 36.42 - none
42.2368.2 DALY. BERT 125.30 56.29 32.59 36.42 03/19/2001 125.43 -
1.3910.1 DAVCO SERVICES INC. 242.70 190.30 52.40 04/1712001 160.26 - none
32.0920.1 DAVIS, KEVIN D. 106.01 68.14 37.67 04J12/2001 38.83 . none
2.0908.2 DAVIS, MARGARET 65.39 39.01 26.38 04117/2001 30.21 -
22.222p.1 DAVIS, STEVEN 59.24 32.86 26.38 03/13/2001 26.38 - none
34.1770.1 DAVIS. WADE & WYNETTE 91.12 61.43 29.69 03/14/2001 68.60 . none
32.0902.3 DEEL, RICHARD 541.58 122.57 110.64 129.79 178.56 12/22/2000 33.07 .
1.0930.1 DENNEN. JERON & HEATHER 61.08 35.32 25.76 04/16/2001 27.00 - none
34.2762.1 DENNEY, ROBERT 89.36 61.85 27.51 04/17/2001 60.00 - none
69.0704.1 DENNING, RICHARD & LORA 197.35 67.06 63.23 67.06 03/14/2001 67.06 - none
52.0976.1 DEPT OF ADMIN 135.04 67.52 67.52 03/16/2001 67.52 -
7.0976.1 DESPOT. DAVID 69.20 40.44 28.76 03/2012001 88.16. none
47.0058.1 DEWEY, JOHN 120.52 80.36 40.16 03/13/2001 48.00 - none
22.2236.1 DOAN, DENNIS 79.18 42.76 36.42 04/13/2001 32.59 - none
34.1690.1 DOCKWEILER. THOMAS & TERR 75.73 47.90 27.83 04/24/2001 40.25 . none
4.1554.1 DOLL, THOMAS 106.01 64.31 41.70 03/21/2001 94.89 - none
3.0830.1 DONLON, KATHRYN 74.26 45.50 28.76 04102/2001 88.28 . none
42.2618.1 DOUGLAS, LINDA 85.47 49.05 36.42 03/19/2001 36.42 - none
4.2084.1 DOUTHIT, RONALD 100.65 60.40 40.25 03/20/2001 47.91 - none
31.0828.3 DOWNIE, JASON D 77.97 47.76 30.21 03107/2001 60.29 -
35.0467.1 DREGER. RHETT 58.34 37.92 20.42 04/04J2001 40.00 -
4.2172.1 DREWNIAK, GARY 81.64 49.05 32.59 03/2012001 40.25 - none
20.1588.2 DREXLER. JOHN 89.45 6.48 26.38 26.38 30.21 01122/2001 69.03 -
22.1412.1 DUARTE. MARTIN 65.23 36.47 28.76 04/12/2001 28.76 - none
51.0698.2 DUEROCK, WALTER 381.81 26.38 30.21 26.38 298.84 04/10/2000 23.25 -
50.1224.1 DUNBAR, WILLIAM & PATRICIA 52.76 26.38 26.38 05/03/2001 26.38 - none
34.0398.1 DUNCAN, RICHARD 73.05 46.67 26.38 03/08/2001 79.57 - none
3.0014.1 DUNSWORTH, BRAD 60.41 37.70 22.71 04/17/2001 30.00 - none
4.0886.1 DUVALL, DEBORAH 70.75 35.24 28.76 6.75 03/08/2001 50.00 - none
31.2318.1 EAGLE. ROBERT 86.26 50.42 35.84 04/17/2001 37.00 - none
21.1160.1 EASTMAN, SCOTT 77.92 48.91 29.01 04/17/2001 40.00 - none
2.1690.3 EBLEN, EARL 138.38 32.86 26.38 26.38 52.76
74.3370.1 ECHIPARE, DOMINADOR 143.75 51.76 40.25 51.74 03/22/2001 26.26 - none
48.1632.1 EDDYS BAKERY 194.26 103.61 90.65 03/2012001 90.65 -
21.1106.1 EDGERTON, BRIAN 80.55 47.96 32.59 04/17/2001 44.08 - none
13.2026.1 EDWARD WHITE CONSTRUCTIC 64.00 35.24 28.76 03106/2001 86.28 -
22.1490.1 EDWARDS, STAN 139.48 91.57 47.91 03/06/2001 57.91 - none
72.0101.1 ELK RUN HOMEOWNERS ASSO( 757.12 757.12 09/19/2000 146.06 - none
68.0136.1 ELLINGTON, BRUCE 63.81 35.05 28.76 04/17/2001 32.59 - none
34.0592.1 ELLIS. TODD & DANA 230.07 88.38 41.70 60.85 39.14 04/06/2001 150.00 . none
64.0014.1 EMERALD HOMES INC 83.66 40.66 6.48 6.46 30.24
50.1236.3 ERHART. MILT 109.35 26.38 26.38 26.36 30.21 01/09/2001 123.20 -
50.1236.1 ERHART. MILT 126.93 45.53 37.87 45.53 03/23/2001 96.57 - none
50.1240.2 ERHART. MILTON 73.50 41.70 31.80 04/25/2001 40.00 -
2.3464.1 ERICKSON, RICHARD 87.14 49.27 37.87 03/23/2001 41.70 - none
19.0358.3 EUDY, DONALD 100.37 41.36 28.76 30.25 02/12/2001 74.06 -
74.2688.1 EVANS, STEVEN & KRISITE 82.17 40.47 41.70 03/16/2001 83.40 - none
46.4996.2 FAMOUS FOOTWEAR 469.33 147.12 144.51 134.16 43.54 05/0112001 86.75-
20.1918.1 FARNER, WILLIAM A. 66.46 37.70 28.76 04/1112001 26.76 - none
31.0156.2 FARNWORTH. WARREN 60.4 7 34.09 26.38 03/16/2001 52.76 -
19.6502.1 FARNWORTH. WARREN 103.99 46.47 28.76 28.76 02/08/2001 85.16 - none
4.1214.1 FARRIS. MIKE 72.31 43.99 28.32 04/06/2001 33.00 - none
... in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers May 15,2001 02:58pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31f2001 02/28/2001 01/31/2001 Date Amount Msg
20.1822.1 FAWLEY, LESTER 79.83 51.65 28.18 02/13/2001 84.91 - none
33.3678.1 FAYLOR, MILFORD 1 76.97 51.87 34.04 49.36 41.70 03108/2001 41.70 - none
34.1092.1 FERGUSON, BLAIR G 144.32 53.26 26.38 64.68 02/12/2001 53.19 - none
31.3614.1 FICKES, MAURICE 67.50 38.29 29.21 03f14/2001 160.70 - none
4.1454.1 FIELDS, CHRYSTLE 94.50 50.42 44.08 03/13/2001 124.58 - none
46.0212.1 FINLAYSON, CRAIG 88.66 52.74 35.92 03/20f2001 40.00 - none
74.0406.1 FISHER, CASEY L 52.48 26.38 26.10 03/09f2001 53.00 - none
2.0740.1 FISK, PATRICK 169.61 97.27 72.34 04f18f2001 87.34 - none
51.;3206.2. FLATEN, ROBERT 52.76 26.38 26.38 04103f2001 26.38 -
48.2694.1 FOOD SERVICES OF AMERICA 2,269.26 944.46 1,104.88 219.92 04f19/2001 1,104.88 - none
48.2696.1 FOOD SERVICES OF AMERICA 868.22 677.43 190.79 04f19/2001 382.29 - none
65.0712.1 FORBUS, DON 79.48 49.27 30.21 03f19/2001 37.87 -
69.0738.1 FORGY, MICHAEL 89.04 49.14 39.90 04f17f2001 50.00 - none
50.2212.1 FORT, PATRICIA 52.76 26.38 26.38 03f19/2001 52.76 - none
22.1618.1 FOWERS, JOHN 113.88 75.08 38.80 04f17/2001 46.32 - none
2.5840.1 FRANK, GARY 90.09 48.04 26.38 15.67 03/22/2001 80.00 - none
31.3434.1 FRANK,GARY 97.14 63.10 34.04 04f18/2001 41.70 - none
74.0350.1 FRANK, GARY E 112.95 52.10 60.85 03/20/2001 121.70 - none
74.0704.1 FRANK, GARY E 77.11 35.41 34.04 7.66 04/17/2001 34.04 - none
51.3226.1 FREITAS, DANIEL 89.14 36.38 26.38 26.38 02/15/2001 52.76 - none
34.2856.1 FROSTROM, ED & KATHY 279.39 74.29 68.51 64.68 71.91 01102/2001 30.21 - none
33.4258.1 FROSTROM, STEVE & TERRI 109.44 78.70 30.74 04/25/2001 45.00 - none
32.1542.1 FUHRMAN, JOSHUA 65.83 40.24 25.59 04f16/2001 31.00 - none
51.0522.1 FUHRMAN, KENT 95.57 38.98 30.21 26.38 03/22/2001 71.91 - none
35.5004.1 GAGNON, JEFF & HEATHER 80.65 39.Q1 22.43 7.71 11.50
32.0676.1 GAINOR, THOMAS & DIA 169.66 60.48 34.04 45.53 29.61 04f23/2001 50.00 - none
46.4990.2 GAP UTILITIES, STORE #06046 90.48 51.72 38.76 04f17f2001 41.26 -
31.2250.1 GARCIA, ANOTONIO 211.83 125.62 86.21 03f21 f2001 164.76 - none
21 .3048.2 GARLICK, LEWIS 195.98 113.60 82.38 04f19f2001 70.12 -
33.2302.1 GARRARD,DALE 60.47 34.09 26.38 03/27f2001 30.21 - none
20.1726.1 GARRIGUS, SCOTT 128.83 77.09 51.74 04104f2001 70.89 - none
32.1384.2 GATES,KEN 68.92 40.16 28.76 04/16f2001 34.04-
72.0280.1 GElS, ADAM 70.24 33.82 32.59 3.83 04/02/2001 36.42 - none
2.2480.1 GILBERT, CARL 155.10 94.25 60.85 04/17f2001 71.53 - none
1.0940.5 GILBERT, CARL 134.85 74.43 60.42 04/06/2001 80.00 -
34.0394.1 GILBERTSON, KEVIN 94.38 56.51 37.87 04f17/2001 37.87 - none
35.0118.1 GLEN JONSON HOMES 92.10 32.86 26.38 26.38 6.48 02/23/2001 12.96 -
50.2216.1 GLENCOE, MATTHEW 65.18 32.59 32.59 03f26/2001 32.59 - none
6.1804.1 GLENN JOHNSON 92.10 32.86 26.38 26.38 6.48 02/23f2001 6.48-
15.0013.1 GLENN JOHNSON HOMES 112.00 32.86 26.38 26.38 26.38 02/23f200 1 30.29 -
16.3314.1 GLENN JOHNSON HOMES 112.00 32.86 26.38 26.38 26.38 02/23/2001 30.29 -
35.0256.1 GLENN JOHNSON HOMES 69.24 36.38 32.86 02/23/2001 55.02 -
35.0273.1 GLENN JOHNSON HOMES 92.10 32.86 26.38 26.38 6.48 02123/2001 12.96 -
4.2160.2 GLUMM, DENNIS 217.59 66.63 150.96 02/23/2001 115.00 -
21.2106.2 GOEHRING, DAVID C 124.55 36.38 88.17 11/22/2000 66.06 -
32.1528.1 GOINS, RICHARD 115.52 36.38 26.38 26.38 26.38 01/18/2001 55.26 - none
3.0344.1 GOODNER, TIM AND MARYANN 105.85 61.77 44.08 04/12/2001 51.74 - none
1.2090.1 GOSSEN, KELLI 59.24 32.86 26.38 03/26/2001 26.38 - none
32.1368.1 GRATTON, THOMAS 68.13 41.75 26.38 03/20/2001 3.97 - none
34.3206.1 GRAYSON, DIANA 82.75 35.46 26.38 20.91 05109/2001 26.38 - none
50.1486.2 GRIEP, RONALD 387.44 88.53 73.77 73.77 151.37 01/16/2001 112.07 -
31.0158.1 GRIFFIN, RICHARD & GAIL 110.45 69.39 41.06 04/18/2001 50.00 - none
50.2412.3 GRISHAM, DANIEL & JANET 66.71 36.50 30.21 04/17/2001 37.87 -
21.2712.2 GROSS, ROBERT 103.52 28.76 26.76 46.00 0110312001 84.94 -
42.1242.1 GROVES, AMY 77.95 45.36 32.59 03/20/2001 36.42 - none
... in Msg column indicates no Notice is to be sent
.. I
( (
CITY OF MERIDIAN Delinquent Account List- council Page: 6
Standard Payment Customers May 15,2001 02:58pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 0113112001 Date Amount Msg
50.2378.1 GUTHMILLER, BRIAN A 65.52 35.27 30.21 .04 0410612001 44.00 - none
42.2070.3 HADLEY, BRENT 114.36 76.49 37.87 0412512001 55.53 -
42.2138.2 HADLEY, STEPHANIE 115.73 93.10 22.63 04125/2001 100.00 -
4.0934.1 HAFER,RUSSELL 138.02 28.76 36.42 72.84 01112/2001 38.88 - none
20.1478.2 HAKE,KAREN 79.32 42.90 36.42 03/0912001 109.26 -
4.2144.1 HALDEN, DARYL 110.74 81.98 28.76 04/1312001 28.86 - none
22.1056.2 HALE,DEWAINE 93.07 59.03 34.04 0411712001 16.01 -
34.2732.1 HAMILTON, LLOYD 65.53 39.15 26.38 04/1612001 34.04 - none
40.0234.1- HAMMOND, DONALD 216.95 188.19 28.76 03109/2001 125.43 - none
42.1820.1 HARRINGTON-BLACK, JODY 68.92 40.16 28.76 03/19/2001 69.70 - none
31.2218.1 HART, WILLIAM 64.00 35.24 28.76 04117/2001 28.76 - none
2.5900.1 HARVEY, LISA M. 78.58 56.67 21.91 0411812001 50.00, none
40.0050.1 HAUSHEER, JAMES & CAROL 61.70 21.30 26.38 14.02 10/12/2000 26.54 - none
19.7394.1 HAWKINS, BETTY 81.36 48.77 32.59 03/2712001 32.59 - none
21 .0480.1 HAYES, LOREN 80.27 47.68 32.59 03/20/2001 65.18 - none
4.1212.1 HAYLETT. MIKE 64.00 35.24 28.76 04/06/2001 28.76 - none
64.4058.1 HEATON CONSTRUCTION 97.26 55.56 41.70 03/20/2001 173.07 -
19.0076.2 HEATON. JUDITH 61.70 35.32 26.38 03/09/2001 34.04 -
20.1624.1 HEATON. JUDITH A. 59.24 32.86 26.38 03/16/2001 52.76 - none
2.5330.2 HEBERT, DAVID & BRENDA 266.57 228.70 37.87 03/21/2001 148.08 -
33.4246.1 HELFERICH, ROGER 60.69 39.15 21.54 04/17/2001 40.00 - none
1.2750.1 HENBEST, GERALD & CHERYL 90.53 54.11 36.42 03/19/2001 44.08 - none
31.0618.2 HENDERSON. BRENDA 77.28 48.99 28.29 03/19/2001 70.00 -
42.3118.1 HENDERSON. CHRIS 72.61 43.85 28.76 04102/2001 28.76 - none
34.1542.1 HENRY, BRAD 67.21 41.61 25.60 04/11/2001 31.00 - none
1.3300.1 HERSEY, RICHARD 220.16 123.04 97.12 03/23/2001 97.12 - none
1.3260.1 HERSEY, RICHARD 256.11 150.59 105.52 03/2312001 124.67 - none
34.1744.1 HESCHKE, BARBARA A 66.42 40.24 26.18 02/1612001 75.00 - none
22.1522.1 HESS. JACK 58.10 36.55 21.55 03/19/2001 75.00 - none
51.3580.1 HIGGINBOTHAM, RON 147.86 78.78 69.06 04/25/2001 65.25 - none
22.0320.1 HITESMAN, DOLPH & EILEEN 122.61 79.13 43.48 04/17/2001 60.00 - none
50.3710.1 HODOR. LARRY 78.20 40.33 37.87 03/15/2001 37.87 - none
5.0722.1 HOLLEY. DAVID 263.44 98.93 69.08 80.57 14.86 04/18/2001 89.00 - none
32.1456.1 HOLLINGSHEAD, BRETT 91.92 57.88 34.04 03/26/2001 42.83 - none
2.0976.2 HOLMES, LAWRENCE 60.47 34.09 26.38 03/21/2001 68.08 -
51.4250.1 HOME PRO PLUMBING 253.39 105.63 147.76 0411712001 249.56 - none
20.1556.1 HOOVER, L YND 162.03 38.93 123.10 02/05/2001 80.50 - none
51 .0678.1 HOOVER, L YND 75.88 41.84 34,04 03123/2001 45.53 - none
51.4214.1 HOOVER, L YND 60.56 34.18 26.38 0312312001 26.38 - none
51.4218.1 HOOVER, LYND 110.28 55.14 55.14 03/23/2001 55.14 - none
50.0680.1 HOOVER, LYND M 53.99 27.61 26.38 03/23/2001 26.38 - none
50.0678.1 HOOVER, L YND M 89.11 52.69 36.42 03/23/2001 44.08 - none
32.0482.1 HORTON, EVERETT 211.46 82.09 60.85 64.68 3.84 05/03/2001 64.68 - none
31.3606.3 HORTON. ROBERT 58.05 37.92 20.13 04/17/2001 30.00 -
74.2644.1 HOUSE, SHARON 57.52 28.76 28.76 04/02/2001 28.76 - none
50.1922.2 HOUSING OPP MGMNT SER 120.75 40.25 36.42 44.06 02/22/2001 44.08 -
7.0244.1 HOWARD. MICHAEL 74.00 45.24 28.76 04/18/2001 28.76 - none
1.0420.1 HOWARD, TREVIS 74.37 30.76 24.28 19.33 02/08/2001 20.00 - none
50.0226.1 HOWELL, JAMES 176.92 93.52 83.40 03123/2001 207.44 - none
33.2652.1 HOWELL. KATHLEEN 107.12 65.42 41.70 0412512001 41.70, none
15.0071.1 HOYT DEVELOPMENT 120.87 120.87
50.1452.1 HUARD,GREGG 158.79 16.88 16.88 35.38 89.65 01/1912001 212.43 - none
31.3402.1 HUNT. HEATH 64.16 37.78 26.38 03/20/2001 56.59 - none
3.0306.2 HUNTLEY, JASON 94.64 58.22 36.42 03/16/2001 47.91 -
2.2850.1 HURSH. ALMA 61.70 35.32 26.38 04/02/2001 34.04 - none
... in Msg column indicates no Notice is 10 be sent
CITY OF MERIDIAN Delinquent Account List- council Page; 7
Standard Payment Customers May 15,2001 02:58pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last pmt
Cust No Name Balance Non-Delinq 03131/2001 02128/2001 01/31/2001 Date Amount Msg
32.0648.1 HUTTON, DAVID 84.40 50.36 34.04 03/20/2001 37.87 - none
49.1148.1 IDAHO HEATING AND AIR 851.44 208.70 180.17 169.82 292.75 12104/2000 146.49 -
48.2840.1 IDA-TRAN 3,499.90 1,146.60 1 ,003.90 1,349.40 03/15/2001 144.00 - none
51.0390.1 INTEGRATED SECURITY RESOU 65.74 34.06 31.68 04/09/2001 31.68. none
52.0700.1 JABIL CIRCUIT 4,645.22 2,502.31 2,049.83 93.08 04/19/2001 2,049.83 .
52.0750.1 JABIL CIRCUIT 2,243.94 882.03 1,111.83 250.08 04/19/2001 1 ,111.83 -
50.0098.1 JACOBSEN, MARJORIE M. 91.52 25.38 25.38 25.38 15.38 12111/2000 83.64 - none
33.0388.1 JAMES COURT APTS 80.48 46.72 33.76 05103/2001 33.76 - none
33.0394.1. JAMES COURT APTS 149.89 93.44 56.45 05/03/2001 67.52 - none
2.2566.2 JAMES JOHNATAKIS 129.92 78.18 51.74 03/15/2001 122.63 -
32.0936.1 JARDINE, MICHAEL 99.72 54.19 45.53 03/27/2001 49.12 - none
31.0516.1 JARRETT, SHARON 64.16 37.78 26.38 04/17/2001 26.38 - none
34.0390.2 JOHNSON, PETER 101.00 69.01 31.99 05/11/2001 95.82 -
19.0098.1 JOHNSON, SAMUEL 102.16 58.08 44.08 03/23/2001 51.74 - none
22.1418.1 JONES, MICHELLE 108.73 52.88 40.25 15.60 02116/2001 80.50 - none
50.3836.1 JULIAN, GEORGE 119.10 73.80 45.30 04/26/2001 63.80 - none
2.0850.1 KARDAS, JUSTIN 78.13 44.21 33.92 03/23/2001 38.00. none
21.0028.1 KEENEY, DOLAN 190.92 116.20 74.72 03/21/2001 187.74. none
46.0626.1 KEGEL, JESSE 83.73 46.95 36.78 03121/2001 36.78 . none
1.0870.1 KELLOGG, J.R. 103.82 59.25 44.57 04117/2001 55.00 - none
21.2602.2 KEMNITZ, HEINO 112.67 76.25 36.42 04/17/2001 40.25.
20.1942.1 KEMPER, JASON 329.72 148.10 166.64 14.98 0510212001 166.64 - none
22.1356.1 KERBS, MARVIN L. 131.80 81.51 50.29 04f1012001 54.12 - none
19.7164.3 KESSLER, SHEILA 63.07 32.86 30.21 04f1612001 29.59 -
16.3300.2 KILMARTIN, JAMES & CAROL 67.04 40.66 26.38
4.2208.1 KING, C. GRANT 99.42 59.17 40.25 03/27/2001 51.74 - none
74.3800.1 KING, KEVIN 97.49 48.13 49.36 04/18/2001 53.19 - none
3.0024.1 KINNEY, KIMIKO 93.07 65.76 27.31 04/18/2001 80.00 - none
5.0342.1 KIRBY, GREGORY & KAREN 70.33 46.53 23.80 03f20/2001 50.00 - none
4.1246.1 KJERSTAD, BRIAN & STEPHANIE 60.47 34.09 26.38 03f20/2001 34.04 - none
40.0116.1 KLINDT, PAUL 105.85 61.77 44.08 04f06/2001 59.40 - none
51.0466.1 KLINE, BEVERLY 62.73 28.76 28.76 5.21 04f05f2001 35.00 - none
21.2940.1 KOERNER,LAWRENCE 70.15 41.39 28.76 04/0212001 28.76 - none
19.6642.1 KRENZ,ROY 75.35 42.76 32.59 03/23/2001 78.42 - none
31.0628.1 KYSAR, ANITA 154.75 58.16 37.87 58.72 03/27/2001 50.00 - none
50.0656.1 LACASA LAVILLA 217.61 155.28 62.33 04/19/2001 71 .58 - none
50.1750.1 LACY, MEL 61.76 32.67 26.38 2.71 03/2212001 80.00 ' none
40.0410.1 LAKATOS, JOSEPH 94.52 56.65 37.87 04/18/2001 64.68 - none
3.0654.1 LAMBERT, KENNETH & GRETCH 90.67 54.25 36.42 03/14/2001 47.91 ' none
4.1776.1 LANSING, BUD 99.30 62.88 36.42 04f18/2001 54.08 - none
1.0890.1 LANTZ, STAN 73.19 39.15 34.04 03/21/2001 67.07 - none
34.0784.1 LARA, RAFAEL 107.91 73.87 34.04 03/20/2001 20.74 - none
42.3000.1 LARAWAY, L. CHRISTOPHER 66.46 37.70 28.76 04/19/2001 28.76 - none
74.2994.1 LARSON, DONALD 97.68 48.84 48.84 03/2212001 52.67 - none
74.3956.3 LASHER, DOUG 60.56 34.18 26.38
3.0272.2 LAUFENBERG, JAMES R 54.61 34.09 20.52 04/17f2001 45.00 -
2.4990.1 LAUFENBERG, JIM & TAMMIE 266.24 66.91 41.70 57.02 100.61 03/2112001 100.00 - none
46.0816.1 LEATHAM, JARED 81.99 44.21 37.78 04/18/2001 32.00. none
42.4046.1 LEMA, ADAM M. 69.77 44.35 25.42 04/16/2001 35.00 - none
43.0370.2 LEMAR, RICK & MELISSA 85.77 51.73 34.04 03/2212001 83.40 -
31.3354.1 LEONARDSON, ELIZABETH 101.14 32.86 26.38 26.38 15.52 05/01/2001 50.00 - none
15.0069.2 LETHI, HONG 63.53 38.15 25.38 03f09/2001 29.21 -
72.0208.1 LEWIS, PHILLIP 58.75 29.99 28.76 03/20/2001 57.52" none
19.0086.2 L1EBENTHAL, STEVE 66.90 36.69 30.21 03f23/2001 30.21 -
47.0062.1 LITTLE, JOSEPH 64.00 35.24 28.76 03/23/2001 57.52 - none
... in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page; 8
Standard Payment Customers May 15,2001 02:59pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
4.1562.2 LONGSTREET,GARRET 72.47 42.84 29.63 04/04/2001 61.00 -
7.0890.1 LOREE, TODD 67.69 38.93 28.76 03/23/2001 36.42 - none
40.0364.1 LOTHROP, ROBERT 78.11 47.90 30.21 04105/2001 34.04 - none
21.0474.1 LOUIE, JONATHAN & NANCY 65.23 36.47 28.76 03/22/2001 106.28 - none
33.2706.1 LOVELAND, JEREMY 58.00 32.86 25.14 03/20/2001 54.00 - none
34.1420.1 LOVELL, LAWNEY 99.86 54.33 30.21 15.32 04/11/2001 30.21 - none
22.0324.2 LOWE, LOWELL 114.60 74.35 40.25 03/16/2001 55.57.
50.0142,1 LYNN, DEE 52.76 26.38 26.38 03105/2001 26.38 . none
69.1556.1. MACE, JEFFREY & BERLENE 81.98 50.37 31.61 03105/2001 100.00 - none
22.0790.1 MACK, ROBERT 78.11 44.07 34.04 04/12/2001 30.21 - none
74.3504.1 MADDOX, DALLAS 124.39 41.84 45.53 37.02 04/25/2001 20.00 -
2.4460.1 MADRID, JOSEPH F 60.47 34.09 26.38 03/14/2001 82.97 - none
33.0260.1 MAGNUSON, BOB 42.53 6.48 36.05 12/14/2000 26.38 - none
2.2614.1 MANU, RONALD 69.22 42.84 26.38 03/22/2001 34.04 . none
2.1510.1 MANWARING, MARK 53.62 32.86 20.76 04/16/2001 32.00 - none
14.5028.2 MARGHEIM, JAMES 101.65 48.04 34.04 19.57 03/20/2001 60.00.
65.0472.1 MARQUARDT, MICHAEL 67.85 41.47 26.38 03/26/2001 43.03 - none
33.1850.1 MARSHALL, GARY & BaBETTE 89.30 52.88 36.42 04/16/2001 32.23 - none
50.1636.1 MARTELL, ERIC 150.00 31.68 31.68 31.68 54.96 01102/2001 35.88 - none
42.1950.1 MARTIN, DANIEL K. 83.82 55.06 28.76 04/20/2001 32.59 - none
21.0998.1 MARTIN, ROBERT & SHARON 71.38 42.62 28.76 03/21/2001 32.59 - none
3.0328.1 MARTINEZ, ZENON & AMELIA 67.94 42.76 25.18 03/23/2001 40.00 . none
2.2280.1 MASLEN, JENNY 60.47 34.09 26.38 04/17/2001 26.38 . none
50.3704.2 MATA, FREDIE 100.54 51.82 45.53 3.19 04/05/2001 50.00 -
51.0514.1 MATHEWS, DONNA 62.76 36.38 26.38 04/25/2001 26.38 - none
32.0802.1 MATHIEUS, MICHAEL 59.24 32.86 26.38 03/28/2001 26.38 - none
74.1260.1 MAYFIELD, ROBERT & EVANGEL 52.76 26.38 26.38 04/04/2001 55.75 - none
75.0502.1 MCALVAIN CONSTRUCTION 100.05 17.55 27.39 21.24 33.87
21.2772.2 MCCLURE, ANTHONY 64.00 35.24 28.76 04/17/2001 28.76 -
2.0450.1 MCCLURE, BRENT 71.70 45.32 26.38 04/18/2001 26.38 . none
46.0256.1 MCCULLOUGH, FLOYD 64.00 35.24 28.76 03/22/2001 57.52 - none
31.0488.1 MCDILL, EDMUND 226.31 129.19 97.12 03/07/2001 100.95 - none
31.0486.1 MCDilL, EDMUND 260.75 163.63 97.12 03/07/2001 100.95 - none
74.0030.1 MCDILL, JUANITA 203.27 102.32 100.95 03/07/2001 100.95 - none
74.0036.1 MCDILL, JUANITA 223.37 110.93 112.44 03/07/2001 112.44 . none
74.0692.1 MCDILL, JUANITA 204.50 99.72 104.78 0310712001 97.12. none
1 .0090.2 MCFADDEN, CLEORA 95.22 37.70 28.76 28.76 03108/2001 61.35 -
2.3660.1 MCFADDEN, LEONARD 60.12 35.55 24.57 03/2112001 50.00 - none
69.0714.1 MCGOURTY, MARY 111.49 57.08 54.41 03/19/2001 70.00 - none
42.2252.1 MCKINLEY, BRAD L. 113.76 81.17 32.59 03/26/2001 44.06 - none
31.2192.2 MCMILLAN, VICKI 61.08 40.66 20.42
74.2636.1 MEAD, CHRIS 70.68 32.81 37.87 04/17/2001 34.04. none
1.2730.1 MELLEN, ANGELA 80.39 59.25 21.14 04/05/2001 50.00 . none
21.2754.1 MELTON, GARY 83.75 55.34 28.41 04/16/2001 100.00 - none
19.6604.1 MELTON, MARSHAL 80.71 46.67 30.21 3.83 04/17/2001 30.21 - none
2.6240.2 MENCHACA, ERNIE 98.07 64.03 34.04 04/13/2001 37.87 -
52.1090.1 MERIDIAN SPEEDWAY 6,881.60 302.82 6.48 6,572.30 09125/2000 1,711.33 - none
52.1100.1 MERIDIAN SPEEDWAY 1,550.72 34.04 16.88 1,499.80 09/25/2000 725.50 - none
21.0094.1 METIVIER, JAMES 210.12 26.99 40.25 142.88 11/29/2000 40.00 - none
74.3246.1 MEYER, JOHN & LISA 127.23 55.41 71.82 03/19/2001 180.99 - none
50.3848.1 MEYERS, DAN 69.09 38.88 30.21 04/17/2001 34.04 - none
52.6302.1 MICHAEL FALASH, INC 248.36 119.18 129.18 04/13/2001 119.53.
33.7616.1 MICHAELSON, BRADLEY 73.06 48.52 24.54 04/24/2001 39.86 - none
2.6050.1 MIDDLEBROOK, JOYCE 177.68 71 .42 31.59 39.25 35.42 01/22/2001 39.25 - none
3.0102.1 MILLER, KENT & JENNIFER 71.52 42.76 28.76 04/04/2001 36.42 - none
... in Msg column indicates no Notice is 10 be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 9
Standard Payment Customers May 15,2001 02:59pm
Current period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
last Pmt last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
42.0374.2 MillER, LARRY 83.84 57.46 26.38 03/14/2001 52.76 -
31.0568.2 MillER, NEil 89.58 44.35 26.38 18.85
34.1964.2 MillER, RICKEY 81.94 47.90 34.04 04/17/2001 37.87 -
42.1146.2 MillER, WADE 113.34 79.01 34.33 04/26/2001 50.00 -
32.1108.2 MilNER, BRIAN 67.99 37.78 30.21 03/19/2001 34.04 -
64.4070.2 MITCHEll, RANDY 96.34 70.52 25.82 04/24/2001 80.00 -
21.2984.1 MOHR, TOM & DEME 75.21 46.45 28.76 03/19/2001 36.42 - none
4.053!p MONSON, THOMAS 71.11 35.24 28.76 7.11 03/20/2001 50.00 - none
21.3024.1. MONTEE, KEN 108.17 64.09 44.08 03/20/2001 51.74 - none
34.1540.1 MONTEFERRANTE, MICHELLE 68.35 46.55 21.80 04/25/2001 30.00 - none
74.2832.1 MOONEY. KEVIN 114.97 50.51 55.57 8.89 03/21/2001 120.00 - none
14.4430.2 MOORE, SCOTT & CHRISTY 79.04 46.45 32.59 04/17/2001 32.59 -
21.1150.1 MORE, BURL 59.24 32.86 26.38 04/12/2001 32.59 . none
21.1824.1 MORTON, PATRICIA 127.76 78.40 49.36 04/04/2001 64.68 - none
50.4016.2 MOULTON. CHAD 125.20 28.76 28.76 67.68 12/21/2000 65.00 -
22.1602.2 MOUNCE. ROBERT 98.19 65.60 32.59 04/16/2001 63.23 -
21 .1122.1 MULLIN. MICHAEL 70.15 41.39 28.76 03/28/2001 28.76 - none
4.1574.2 MULLINS, ROBERT 104.43 51.73 30.21 22.49
32.1606.2 NASIATKA, JEFFREY 56.21 32.86 23.35 04/10/2001 60.00 -
69.2302.1 NEAL, KEVIN & MICHELLE 62.58 33.82 28.76 03/23/2001 69.01 - none
50.2150.1 NELSON, RYAN & JILL 69.17 35.13 34.04 03/12/2001 36.38 - none
51.4110.2 NESMITH, STEVE 301.46 65.38 26.38 91.49 118.21 03/21/2001 100.00 -
2.2592.1 NICHOLS, TINA 59.24 32.86 26.38 04/04/2001 26.38 - none
31.0880.1 NICK, DENNIS 83.31 53.10 30.21 03/21/2001 87.23 - none
2.5740.1 NIMMO, MONA 65.39 39.01 26.38 03/19/2001 30.21 - none
4.2294.2 NOBLE, ROBERT 102.69 70.10 32.59 04/17/2001 47.91 -
50.1464.1 NORTHVIEW BUSINESS CENTEf 217.40 166.90 50.50 04/19/2001 90.30 - none
50.1460.1 NORTHVIEW BUSINESS CENTE! 1,348.78 324.54 225.61 290.72 507.91 06/20/2000 69.68 - none
50.1456.1 NORTHVIEW BUSINESS CENTEF 377.23 129.25 125.42 122.56 04/19/2001 125.42 - none
2.5370.1 DOOM. SHERRY 93.71 55.84 37.87 04/16/2001 75.93 - none
20.1396.1 OGLESBEE, DAVID & MARITA 90.83 52.96 37.87 03/21/2001 79.57 . none
69.1306.1 OLMSTEAD, DANIEL 70.24 37.65 32.59 03/08/2001 80.50. none
3.0402.1 OLSEN, MARY ANN 64.00 35.24 28.76 03/16/2001 57.52 . none
20.2020.2 OPAL BLUME TRUST 102.46 60.76 41.70 03/21/2001 114.04 -
46.0798.1 OVERSETH. TEENA 60.62 32.86 26.38 1.38 04105/2001 25.00 - none
13.2094.2 OVERY,ROBBY 287.04 47.90 37.87 41.70 159.57 05/11/2001 56.50 -
50.3898.1 OWEN, KEVIN 91.37 45.25 46.12 03/22/2001 40.00 . none
22.0454.1 P. JANSSON, JANIE 113.51 65.60 47.91 04/17/2001 55.57 . none
2.2550.4 PACK, PAUL 106.29 40.66 65.63
21.2230.1 PAGE, LINDA 67.25 35.24 32.01 04/1 6/2001 37.00 - none
31.3280.1 PAlMER,PAT 258.31 231.21 27.10 04/11/2001 107.72 - none
15.0043.2 PALMER, TROY 90.83 52.96 37.87 03/21/2001 86.91 -
34.1230.1 PARENT, BEAU 80.71 46.67 34.04 03/13/2001 34.04 - none
64.3050.1 PARRISH, MARTIN 93.43 55.56 37.87 04/1712001 45.53 - none
2.2490.2 PATTERSON, DEENA L 89.14 36.38 26.38 26.38 02116/2001 86.92 -
32.0438.1 PECKHAM,ROY 93.43 51.73 37.87 3.83 04/17/2001 37.87 - none
1.1200.2 PERSIMMON RENTALS 84.54 50.50 34.04 03/09/2001 83.40 -
68.0238.1 PETERSON. DAVID 55.22 28.84 26,38 03/08/2001 36.64 - none
55.1500.1 PETRA INC 219.45 46.64 55.76 45.41 71.64
2.3732.3 PHAM, KIMAN 86.33 44.21 34.04 8.08 03/21/2001 60.00 -
42.3006.1 PHILLIPS. DANA 73.98 41.39 32.59 03/15/2001 61.35 - none
32.1636.1 PHilLIPS, ERNEST 73.05 46.67 26.38 03/19/2001 75.74 - none
74.3000.1 PHilLIPS, RICHARD 75.44 35.19 40.25 03/13/2001 80.50 - none
74.0400.1 PIERCE. SHIElA 52.76 26.38 26.38 03/07/2001 26.38 - none
74.0396.1 PIERCE. SHIELA 52.76 26.38 26.38 03/07/2001 26.38 - none
... in Msg column indicates no Notice is to be sent
( //~
(
CITY OF MERIDIAN Delinquent Accou nt List- council Page: 10
Standard Payment Customers May 15,2001 03:00pm
Current period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03131/2001 02/28/2001 01/31/2001 Date Amount Msg
1.0316.1 PIPCO LLC 207.10 72.46 53.02 53.02 28.60 01/19/2001 50.64 -
32.1590.1 PISCHEL, DEBORAH 89.60 55.56 34.04 03/20/2001 75.83 - none
21.2678.1 PITMAN, DONALD 83.96 47.54 36.42 03/23/2001 67.52 - none
19.6644.1 PLACE, WILLIAM 64.00 35.24 28.76 04/17/2001 38.76 - none
50.2034.2 PLANK, REBECCA 68.08 34.04 30.21 3.83 04/11/2001 30.21 -
74.3012.1 POFELSKI, MARK & ABBY 70.68 36.64 34.04 04/03/2001 41.70 - none
3.0852.1 POFFENBERGER, EUGENE & EL 65.23 36.47 28.76 03/13/2001 93.94 - none
40.0042,1 POLYAKOV, VICTOR & LEAH 84.54 46.67 30.21 7.66 04/09/2001 30.21 - none
3.D366.1. POND, ROB & NANCY 70.29 37.70 28.76 3.83 04/17/2001 28.76 - none
69.1282.1 PORTER, JOHN 97.74 63.70 34.04 03/27/2001 37.87 - none
21.0078.1 POTRIDGE, GAIL 96.96 56.71 40.25 04/11/2001 44.08 - none
34.3254.2 POULSEN, BRIAN 68.29 42.70 25.59 03/22/2001 31.00 -
21.3062.1 POWELL, GREG & CATHERINE 117.99 71.53 46.46 03121/2001 100.56 - none
50.2402.1 POWELL, RANDY 97.27 51.82 45.45 04/16/2001 125.00 - none
50.4814.1 PREMIER GROUP INC 93.42 34.18 26.38 26.38 6.48 02/01/2001 6.46-
34.1940.2 PRESLEY, TROY & ALLISON 89.34 59.13 30.21 04/25/2001 37.87 -
13.4020.2 PREUIT, MARY 61.84 35.46 26.38 03120/2001 67.94 -
74.3418.2 PRINDLE, SHELLY 57.52 28.76 28.76 04/17/2001 56.42 -
34.3330.1 PRITIKEN, ROGER & TERESE 70.45 44.07 26.38 0311612001 41.70 - none
2.4930.3 PROCTOR, KRISTIE 69.24 42.86 26.36 0411812001 26.38 -
4.2248.2 PUCKETT, RUSSELL 104.89 70.38 34.51 0411712001 60.00 -
21.2068.1 PUGMIRE, JEFFRY & PAMELA 101.09 59.39 41.70 0312112001 94.89 - none
74.3066.1 PUGSLEY, TAMARA 98.56 46.82 51.74 04/17/2001 63.23 - none
34.1172.1 QUARNBERG. CARL & DOROTH' 119.82 74.29 45.53 04/12/2001 57.02 - none
52.1002.1 RAFANELLI & NAHAS 1 ,006.62 397.61 609.01 05/14/2001 760.62 - none
52.1006.1 RAFANELLI & NAHAS 166.71 85.27 81.44 05/14/2001 86.73 - none
7.2000.2 RALPHS, PAUL 123.21 67.64 55.57 04/06/2001 55.15 -
50.1380.1 RAYMOND, CHACE 62.72 31.68 31.04 03/16/2001 64.00 - none
34.1792.1 REED, PATRICIA 169.86 112.84 57.02 03/09/2001 121.70 - none
65.0268.1 REMAX CAPITAL CITY 161 .36 32.86 26.38 26.38 75.74 12/13/2000 39.10 - none
20.1394.2 REZENDES, TROY 150.60 82.09 68.51 03119/2001 129.36 -
33.2644.1 RHEAD,ROBERT 64.00 35.24 28.76 04/1712001 28.76 - none
34.1182.1 RICHARDSON, MICHELLE L 67.99 37.78 30.21 03/13/2001 30.21 - none
4.2320.1 RICHARDSON, ROD 93.13 56.71 36.42 0311512001 125.29 - none
22.0880.1 RIETH, KEVIN F. 93.97 65.32 28.65 0410512001 50.00 - none
34.0786.1 RILEY, MARK 157.50 100.01 57.02 .47 04/1912001 114.00 - none
5.0454.2 RILEY, R SHANE 137.60 88.24 49.36 03/1612001 87.86 -
2.1780.2 RITTER RENTALS LLC 222.21 120.45 101.76 03/27/2001 101.76 -
21 .0584.2 RIVERA, RICHARD & DENISE 127.53 45.42 82.11 03/28/2001 120.00 -
50.2432.2 ROBERTS, BOB 61.65 31.44 30.21 04/0212001 30.21 -
2.0970.1 ROEPKER, DAVID 84.54 50.50 34.04 03/27/2001 45.53 - none
32.0570.2 ROESBERRY,JANICE 85.31 64.03 21 .28
65.0454.1 ROHM, RODNEY 59.24 32.86 26.38 04/17/2001 36.38 . none
22.1542.1 ROHNERT, GERALD 89.02 56.43 32.59 03/19/2001 44.08 - none
42.2404.1 ROSE, PHOEBE 85.38 32.86 26.36 26.14 02102/2001 50.00 - none
4.1844.2 ROSSI, PIETRO 155.12 69.71 82.36 3.03 0410512001 75.00 -
34.1554.1 ROSSOW, DAVID 61.70 35.32 26.38 0312012001 26.38 - none
34.2840.1 ROWLES, JOHN 95.62 42.86 26.38 26.38 02/12/2001 26.38 - none
52.1644.1 ROY ENTERPRISES LLC 247.20 124.41 122.79 03/09/2001 124.41 - none
52.0316.1 RT NAHAS CO 628.58 380.58 246.00 04/24/2001 361.43 - none
19.7374.1 RUBALCAVA, ROLANDO 71.52 38.93 32.59 03/09/2001 57.52 - none
32.1266.2 RUDYI, IVAN 66.76 36.55 30.21 03/26/2001 30.21 -
2.3180.1 RYAN, WALTER 89.94 66.07 23.87 03/20/2001 50.00 - none
74.3710.1 SANDOVAL, WALTER & MIREYA 101.83 26.38 26.38 26.38 22.69 05/10/2001 27.00 -
33.2324.2 SAUNDERS. KELLEY 59.24 32.86 26.38 0411712001 30.21 -
... in Msg column indicates no Notice is to be sent
\
CITY OF MERIDIAN Delinquent Account Llst- council Page: 11
Standard Payment Customers May 15,2001 03:00pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pml Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
34.1078.2 SAVELBERG, DOYLE 302.21 54.33 26.38 26.38 195.12 04/17/2001 37.00 -
19.6652.2 SCHELENE, VERNA 56.60 35.24 21.36 04/12/2001 30.00 -
65.0872.2 SCHILD, LESLIE 59.24 32.86 26.38 03/16/2001 26.38 -
32.0652.1 SCHLAPIA, SCOTT 100.95 59.25 41.70 03/21/2001 83.40 - none
34.2122.1 SCHMIDT, GLEN 113.39 71.69 41.70 03/21/2001 148.08 - none
32.1642.1 SCHMIT, JAMES 70.73 40.52 30.21 03/23/2001 68.08 - none
42.3050.1 SCHOLZ, LESLIE 93.94 61.35 32.59 04/13/2001 40.05 - none
48,1860.1 SCHUCKS AUTO SUPPLY 257.98 135.47 122.51 04/13/2001 122.51 - none
32J1622.3 SCHUSTER, BILL & LESLIE 204.21 109.32 49.36 45.53 04/06/2001 53.19 -
65.3108.1 SCOTT, DANNY 83.89 45.09 38.80 04/16/2001 42.63 - none
1.1915.1 SEABURY 316.18 316.18 06/24/2000 52.78 -
32.1346.1 SEBYAKIN, ANTHONY A 64.44 38.06 26.38 03/29/2001 26.38 - none
69.2262.1 SEDILLO, JOE 98.72 57.02 41.70 04/18/2001 60.85 - none
74.2890.1 SHAFFER, ROBERT 91.06 45.53 45.53 03/26/2001 110.95 - none
74.0322.2 SHELDON, PAM 57.05 30.21 26.38 .46 04/17/2001 34.00 -
74.3242.1 SHELTROWN, ROGER 162.65 41.34 74.72 28.76 17.83 03/16/2001 51.18 - none
74.3960.1 SHERARD, BILL 63.10 42.85 20.25 04/17/2001 61.99 - none
46.0586.1 SHINER, SCOTT 72.75 40.16 32.59 03/19/2001 32.59 - none
20.1748.2 SHRADER. MICHAEL 67.83 39.07 26.76 04/04/2001 32.59 -
1.2760.1 SIEGEL, ROSALIE 63.76 35.24 26.52 04/11/2001 28.76 - none
74.3096.1 SIGMOND, SERGIO 92.24 50.25 41.99 04/25/2001 50.00 - none
21.0208.1 SILSBY, TERRY 83.01 46.59 36.42 03/15/2001 90.50 - none
4.1632.1 SIMMONS, JOHN & JANA 81.64 49.05 32.59 04/17/2001 32.59 - none
4.1302.1 SIMS, ELLEN 64.00 35.24 26.76 03/20/2001 28.76 -
21 .2836.2 SINGLETON, RODNEY 133.83 56.37 34.97 42.49 03/21/2001 76.25 -
2.0426.1 SKENE, JAMES 116.46 55.08 47.45 15.93 04/23/2001 50.00 - none
2.0400.1 SMITH, LARRY R 158.40 97.55 60.65 03/07/2001 175.32 - none
50.0012.1 SMITH, PAUL H. 57.01 33.90 23.11 04/17/2001 20.00 - none
21.2168.2 SMITH, RORY 130.06 78.32 51.74 03/22/2001 140.29 -
5.0404.3 SOUZA, BILL 115.57 77.70 37.87 03/16/2001 53.19,
21.3164.1 SOWER. MICHAEL 62.58 33.82 28.76 03/22/2001 116.24 - none
69.1312.2 SPANGLER, KEVIN 55.36 28.98 26.38 03/23/2001 45.90 -
33.3752.1 SPATH, SIDNEY 106.17 67.92 40.25 03/21/2001 51.74 - none
2.3430.1 SPEARS, BRYCE J. 82.80 55.56 27.24 04/16/2001 50.00 . none
20.2999.1 SPRINKLER - BRENDA ESTATES 71.56 3.24 68.32
34.1166.1 STAFFORD, FRITZ 84.12 57.74 26.38 03/23/2001 75.74 - none
32.1598.2 STAGGS, DUKE 65.39 39.01 26.38 03/20/2001 60.42 -
21.0136.1 STARK, MIKE 80.13 47.54 32.59 03/28/2001 57.52 - none
40.0162.1 STASTNY, MARK 73.19 39.15 30.21 3.83 04/17/2001 30.21 - none
3.0842.1 STEED, CHRISTOPHER 67.69 38.93 28.76 03/16/2001 66.41 - none
19.0340.2 STEENBAKKERS,JOHN 64.00 35.24 28.76 04/05/2001 28.76.
22.1048.1 STEINER, THURSTON 228.16 80.50 51.74 59.40 36.52 04/05/2001 106.00 . none
51 .3280.1 STENSON, VIRGINIA 305.59 305.59 none
34.3186.2 STEWART, JESSIE 64.00 35.24 26.76 03/14/2001 27.52 -
5.0416.1 STIEF, PATTY 137.30 90.32 46.96 03/22/2001 60.57 - none
35.0194.3 STOCKWELL, CHRISTOPHER 138.38 32.66 26.38 26.38 52.76
21.0152.2 STODDARD, NORMAN 132.26 80.52 51.74 04/18/2001 55.57 -
65.0376.2 STOKES, RON 103.28 42.86 34.04 26.38 02/26/2001 52.76 -
34.1800.1 STONER, JERRY 87.61 57.66 29.95 04/17/2001 26.00 - none
51.0988.7 STRATE, EUGENE 47.04 24.59 22.45 03/12/2001 60.00 -
69.0186.1 STRAWN, CHRISTOPHER 62.28 31.14 31.14 03/22/2001 31.14- none
33.3564.1 STREET, ALLEN 59.24 32.86 26.38 03106/2001 26.38 - none
13.2056.1 STYLISH HOMES 57.38 34.09 10.33 6.48 6.48
1.1410.1 SUMMERS, HEATHER 224.01 126.04 95.97 03/27/2001 95.97 - none
33.2334.1 SZURGOT, DOUGLAS 59.24 32.86 26.38 03/23/2001 82.97 - none
... in Msg column indicates no Notice is to be sent
{ (
CITY OF MERIDIAN Delinquent Accou nt List- council Page: 12
Standard Payment Customers May 15,2001 03:01pm
Current Period: 0513112001
Delinquent Minimum of $ 20.00 compared to Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 0313112001 02128/2001 01/31/2001 Date Amount Msg
50.1686.3 TAVARES, MARVIN 53.99 27.81 26.38 04/10/2001 56.59.
3.0416.1 TEAGUE, RON & JANET 70.47 44.09 26.38 04/18/2001 26.38 . none
20.1964.1 TECO INVESTMENTS 92.76 35.24 28.76 28.76 02109/2001 96.28 - none
50.1020.1 TECO INVESTMENTS 52.17 30.07 22.10 04/13/2001 30.00 - none
22.2190.2 TEMPLE, RONNIE 66.62 40.24 26.38 03108/2001 60.42 -
69.0140.1 TENNYSON, OWEN 72.70 36.28 36.42 03114/2001 72.84 - none
74.1114.1 THATCHER, TIMOTHY 449.52 39.38 311.42 49.38 49.36 0212312001 221.52 - none
1.349Q,1 THIEMANN, ERIC 105.19 66.79 37.87 .53 0411612001 45.00 - none
19.~490.1 THOMPSON, DENNIS 106.94 62.86 44.08 04/1012001 51.74- none
22.1032.1 THOMPSON, REN 95.84 47.76 48.08 04/17/2001 84.25 - none
22.1098.1 THORMAHLEN, SHANNON 119.71 87.12 32.59 05/04/2001 83.83 - none
1.1940.1 THORNE, TORY L 144.79 82.66 62.13 03/19/2001 134.17 - none
21.2732.3 THURBER, RONALD 64.60 55.22 26.76 .62 04/23/2001 155.00 .
69.0226.1 TIMA, KAREN 106.98 51.74 55.24 03/2212001 100.00 - none
46.0210.1 TODD, JEFF 84.61 54.11 30.50 04/05/2001 50.00 - none
35.0423.2 TOMASZEWSKI, HELENE 74.42 44.21 30.21 0311212001 71.91 -
50.0232.2 TUCKER, LEVI & ABIGAIL 86.94 34.18 26.38 28.38
2.2230.2 TUDEHOPE, HEATHER 59.24 32.86 26.38 03/0112001 89.14 -
14.5006.1 TURNER, DAVE 112.95 70.32 42.63 04/20/2001 50.29 -
34.2104.1 TYLER, HEIDI 95.79 56.67 30.21 8.91 04/25/2001 63.00 - none
46.4660.1 US FILTER 562.95 216.62 178.34 187.99 03/13/2001 335.98 - none
74.2876.1 USSERY, TRACY 134.00 56.94 67.06 10.00 04/18/2001 63.23 - none
35.0070.1 VAL HARRIS 196.10 46.59 36.42 36.42 76.67 12121/2000 76.81 -
51.2996.1 VALLA, CAROLYN 394.06 394.06 07111/2000 24.08 - none
20.3056.1 VALLI BUILDERS 69.24 42.86 26.36 04/1912001 26.38 -
68.0266.1 VAN GENDEREN, RICHARD 90.19 50.37 39.62 03/1512001 56.00 - none
69.0100.1 VANBRAGT, MICHAEL 65.46 31.44 3404 03/20/2001 98.29 - none
22.1052.1 VANHORN, KEVIN & SANDRA 115.04 28.76 28.76 57.52 01/24/2001 44.08 - none
5.0696.1 VIGIL, THOMAS 463.28 463.28 11/03/2000 88.34 - none
19.0352.2 VILLARREAL, REYES 64.00 35.24 28.76 03/06/2001 136.27 -
7.1052.1 VINEYARD, JAMES 64.00 35.24 28.76 03/21/2001 57.52 - none
42.0324.1 VIVES, MARK 86.92 50.42 36.42 .08 0410212001 44.00 - none
50.3742.2 VNUK, JOHN 407.42 86.99 41.70 118.30 160.43 0210712001 102.97 -
46.0262.1 VNUK, JOHN J 64.10 47.66 36.42 03/1212001 49.71 ' none
47.0072.1 VOGEL, MIKE 83.45 49.41 34.04 03/09/2001 49.36 - none
19.0354.1 VREELAND CO 96.88 50.56 44.08 4.24 0312212001 100.00 - none
1.4689.1 VWR SCIENTIFIC PRODUCTS 183.69 8.10 117.00 58.59 03/16/2001 117.00 - none
35.5017.2 WAGEMAN, CLINT 81.92 37.78 26.38 17.76 03/14/2001 35.00 -
20.1392.1 WALKER, DAVID 97.10 53.02 44.08 04117/2001 51.74 - none
46.6000.2 WALMART STORE 01-2862 3,038.03 2,683.27 354.76 0411712001 3,113.62 -
46.0660.2 WALMER, TAMMY JO 75.07 46.31 28.76 04/1712001 26.67 -
32.1306.2 WALSH, DAVID & CARA 74.12 41.53 32.59 04/1712001 37.03 -
1.3340.1 WALSH, RON 165.69 165.69 10115/1999 191.33 - "'none
51.3034.1 WALT MORROW 978.31 644.38 129.53 84.13 120.27
21.2240.1 WARD, MIKE 122.40 70.66 51.74 04/10/2001 63.23 - none
33.3648.2 WARDLE, JOHN 75.37 48.99 26.38 0312212001 73.42 -
68.0036.1 WARNER, ERIC 84.36 41.48 32.59 10.29 0411712001 33.00 - none
31.3388.1 WATSON, COREY S 74.42 44.21 30.21 0312312001 34.04 - none
31.2230.1 WATTERS, TAMI 81.71 51.53 30.16 0411812001 35.00 - none
19.0224.3 WAYNE SWANSON HOMES 73. 05 42.84 30.21 03/2212001 97.25 -
3.0100.1 WEATHERMON, TINA 60.46 46.45 32.59 1.42 0410612001 35.00 - none
22.0946.1 WEBSTER, RICHARD & KATHY 118.15 70.24 47.91 04/1712001 47.91 - none
4.2202.1 WEIDENMANN, WILLIAM 96.96 64.37 32.59 0311612001 47.89 - none
22.1238.1 WEISS, DAVID M. 89.99 63.00 26.99 04/0412001 65.00 - none
2.3150.3 WELKER, ROGER 81.80 51.59 30.21 03/2112001 75.74-
.., in Msg column indicates no Notice is to be sent
" f"~
{ {'
i \.
CITY OF MERIDIAN Delinquent Account List- council Page: 13
Standard Payment Customers May 15,2001 03:01pm
Current Period: 05/31/2001
Delinquent Minimum of $ 20.00 compared 10 Delinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/31/2001 02/28/2001 01/31/2001 Date Amount Msg
74.3954.1 WELLS, GILBERT 80.50 40.25 40.25 04/13/2001 51.74 - none
20.1270.2 WENINGER, BEVERLY & GERALI 102.02 54.11 47.91 03/16/2001 24.64 -
51.3098.3 WERRY, GREYSON 95.35 33.90 61.45 04/20/2001 90.00 -
51.1134.1 WES WORCESTER 81.72 16.88 16.88 16.88 31.08 12/04/2000 12.96 -
75.0500.2 WESTERN ELECTRONICS 638.03 222.08 233.58 182.37
1.2910.2 WESTERN PINE CARE 5,626.62 1,284.56 4,342.06 04/19/2001 2,952.09 -
31.3322.1 WESTON, DECKER 328.62 206.49 122.13 04/16/2001 102.98 - none
4.1380,1 WESTROCK HOMES INC 101.82 32.86 26.38 26.38 16.20
22.j216'1' WHElLER, ROBERT 89.15 67.88 21.27 04/18/2001 50.00 - none
4.1950.1 WHITE, EDWARD 120.58 91.82 28.76 03/19/2001 57.52 - none
69.1084.1 WHITE, H.BOYCE 79.13 42.71 36.42 03106/2001 132.24 - none
74.0064.2 WHITSITT, JOSEPH 64.11 33.90 30.21 03/19/2001 68.08 -
34.1508.1 WIARS, CAROLYN J. 74.42 44.21 30.21 04/05/2001 41.70. none
33.2392.1 WIDMAN, WENDY 66.62 40.24 26.38 04102/2001 26.38 - none
42.3140.1 WIGGER, ALAN 76.58 43.99 32.59 03/19/2001 97.77 - none
52.0262.1 WILD SHAMROCK LLP 624.36 312.18 312.18 05/0112001 319.84 - none
50.0588.2 WILKINSON, DAVID 139.59 82.57 57.02 03/23/2001 61.29 -
13.2032.2 WILLIAM TYDINGS 78.87 50.50 24.54 3.83 04/17/2001 24.54 -
21.2722.1 WILSON, JIMMY & TANA 65.23 36.47 28.76 03/15/2001 57.52 - none
7.0880.2 WINKLER, GREG 60.47 34.09 26.38 04/04/2001 30.21 -
2.5020.1 WOOD, KENNETH 103.41 65.54 37.87 03/22/2001 49.36 - none
19.0332.2 WOOD, RICHARD 127.81 37.70 28.76 28.76 32.59 01/10/2001 28.76 -
74.3308.1 WOODLAND, WAIDE T 102.39 54.48 47.91 03/19/2001 55.57 - none
31.3344.1 WOODRUFF, NOEL R 215.07 62.64 38.80 46.46 67.17 02/27/2001 50.00 - none
19.7176.1 WOODS, DAVID 103.39 59.31 44.08 03/20/2001 91.99 - none
22.1518.1 WOOSLEY, JAMES 93.48 65.32 28.16 05/01/2001 60.00 - none
1.1000.2 WRIGHT, BRANDON 59.24 32.86 26.38 03/28/2001 26.38 -
. 32.1632.1 WRIGHT, MICHAEL & SUSAN 80.71 46.67 34.04 04/16/2001 37.87 - none
3.0340.2 WUPPER, ROBERT & JENNIFER 71.96 41.75 30.21 03/20/2001 68.08 -
33.2382.5 YAMAMOTO. KRISTINE 118.45 69.09 49.36 04/16/2001 34.19 -
50.3740.1 YOUNG,DARON 56.45 30.07 26.38 04/20/2001 63.63 - none
42.2742.1 YOUNG, THOMAS 110.77 70.52 40.25 03/12/2001 55.57 - none
50.4008.1 YOUNGBLOOD, JON 181.35 113.26 68.09 04/25/2001 180.00 - none
68.0130.1 ZALDAIN, RHEA 57.52 28.76 28.76 04/10/2001 28.76 - none
2.0350.1 ZIEGLER, WILLIAM 71.19 41.98 29.21 04/16/2001 33.04 - none
Grand Totals: 113,621.67 49,712.43 38,156.89 8.498.62 17,253.73
Report Criteria:
Tenninated customers not included
Customer.Cust No;: {<} 9900000
... in Msg column indicates no Notice is to be sent
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1\!:.I"Ul\Uj;.U. j\I..UVI-..:I I VI
PARTIES: 1.
2.
3.
4.
ADA COUNTY RECORDER l;"~' i ~
J. DAVID NAVARRO'
801SE, IDAHO 1 [ "fEE DEPUTY
DEVELOPMENT AGREEMENT
ZnOH1Y 3 I PFl I: 39 .' J f 0 5 2 4 8 0
City of Meridian
Roben E. Coburn and Michele L. Coburn, Owner MmmfAN CITY
Roben Cassell and Willa J. Cassell, Owner
Packard Estates Development, LLC, OwnerlDeveloper
. THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered into this / q-t!!.. day of S.e;rlefnbJv , 2000, by and between CITI OF
MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called
",'CITY", and ROBERT E. COBURN AND MICHELE L. COBURN, FKA Michele L.
Cheswonh, husband and wife, hereinafter called "OWNER", and whose address is
2640 N. Wingate Lane, Meridian, ID 83642-5708; and ROBERT AND WILLA J.
CASSELL, husband and wife, hereinafter called "OWNER", and whose address is
2795 Wingate Lane, Meridian, ID 83642-5709; and PACKARD ESTATES
DEVELOPMENT, LLC, hereinafter called ~OWNERlDEVELOPER", and Whose
address is 6223 N. Discovery Way, Suite 120, Boise, ID 83713.
1.
RECITALS:
1.1 WHEREAS, "Ownenv'Developer" are the owners, in law and/or
equity, of certain tract of land in the County of Ada, State of
Idaho, described in ExhibIt A. which is attached hereto and by
this reference incorporated herein as if set forth in full, herein
after referred to as the "Propeny"; and
1.2 WHEREAS, I.C. S67-65 1 lA, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of re-zoning
that the owner or "Owners/Deve1oper" make a written
commitment concerning the use or development of the subject
"Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which
authorizes development agreements upon the annexation and/or
re-zoning of land; and
1.4 WHEREAS, "Owners/Developer" have submitted an application
for annexation and zoning of the "Property"s described in Exhibit
A, and have requested a designation of Low Density Residential
District (R-4), (Meridian City Code ~S Il~7-2 C); and
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
~ I
1.5 WHEREAS, "OwnerslDeveloper" made representations at the _.
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Counal, as to how the
subject "Property" will be developed and what improvements will
be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 20th day of May, 1997, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as the "Findings"; and
1.8 WHEREAS, City Council, the 5th day of August, 1997,
approved a preliminary plat for Packard Subdivision No.2 with
conditions; and
1.9 WHEREAS, the "Findings" require the "OwnersIDeveloper" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.10 "OWNERSIDEVELOPER" deem it to be in their best interest to
be able to enter into this Agreement and acknowledge that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.11 WHEREAS, "City" requires the "Owners/Developer" to enter
into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance vvith the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property ovvners and to ensure annexation and zoning designation
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-2
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinances codified
in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following
words, terms, and phrases herein contained in this section shall be defined and
interpreted as herein provided for, unless the clear context of the presentation of the
same requires otherwise:
3.1 "errY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNERS/DEVELOPER": means and refers to Robert E. and
Michele L. Coburn, 2640 N. Wingate Lane, Meridian, ID 83642-
5708; Robert and Willa J. Cassell, 2795 N. Wingate Lane,
Meridian, ID 83642-5709; and Packard Estates Development,
LLC, 6223 N. Discovery Way, Suite 120, Boise, ID 83713, the
parties developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERlY': means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITfED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City'''s Zoning Ordinance codified at Meridian
City Code Sections 11-7-2 C which are herein specified as
follows:
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-3
(R-4) Low Density Residential District: Only single~family -.
dwellings shall be permitted and no conditional uses shall be
permitted except for planned residential development and public
schools. The purpose of the R-4 District is to permit the
establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential
development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
For the constrnction and development of single{amily
development.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5A "Owners/Developer" shall enter into a Development Agreement,
that provides in the event the conditions therein are not met by
the OwnerslDeveloper that the property shall be subject to de-
annexation from the City of Meridian which provides for the
following conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning Department and Public
Works Department as follows:
5.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance.
The ditches to be piped shall be sho'\M1 on the site plans. Plans
shall be approved by the appropriate irrigation/drainage district
and dO'\M1stream water users, with written confirmation of said
approval submitted to the Public Works Department.
5.2 Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDlVISION
-4
5.3 Determine the seasonal high groundwater elevation, and submit a
profile the subsurface soil conditions as prepared by a soils
scientist with the street development plans.
5.4 Submit copy of proposed restrictive covenants and/or deed
restrictions.
5.5 Provide five-foot-wide sidewalks in accordance with City
Ordinance and allow no encroachment of walkways by mailbox
structures.
5.6 Water service to this development is contingent upon positive
results from a hydraulic analysis by our computer model.
5.7 Submit letter from the Ada County Street Name Committee,
approving the subdivision and street names.
5.8 Coordinate the fire hydrant placement with the City of
Meridian's Water Works Superintendent.
5.09 Indicate any FEMA floodplain boundaries as determined by
. FEMA, and/or any plans to reduce said boundaries.
5.10 Submit a master street drainage plan, including the method of
disposal. Prior to development plan approval, written
confirmation of approval will be required from any affected
irrigation/drainage district.
5.11 Applicant will be responsible to construct the sewer mains to and
through this proposed development. The subdivision designer is
to coordinate main sizing and routing with the Meridian Public
Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of the centerline.
Sewer easements will need to be dedicated with the development
of Phase I of Packard Subdivision No. I to access the lift station,
'With gravel accesses built in accordance with City standards.
5.12 Water service to this site could be via mains installed in N.
Hickory Way as part of Packard Subdivision No_ I. Applicant
will be responsible to construct the water mains to and through
this proposed development. The subdivision designer to
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
.5
coordinate the main sizing and routing with the Meridian ,Public
Works Department
5.13 One-hundred-watt, high-pressure sodium street lights will be
required at locations designated by the Meridian Public Works
Department. All street lights shall be installed, at subdivider's
expense. Typical locations are at street intersections and/or fire
hydrants.
5.14 Lot 17, Block 2 of the preliminary plat doesn't meet the
minimum SO-foot frontage required in an R-4 zone. Lot 2, Block
6 doesn't meet the minimum 80 foot frontage, or the minimum -
lot area of 8,000 square feet, unless the additional 10 feet of
frontage can be gained by the granting of an encroachment by
the Nampa & Meridian Irrigation District. Lot 16, Block 10 shall
have a limitation on house orientation towards E. Challis Street
because the N. Lapis Avenue frontage is less than the minimum
required SO foot frontage. Revise final plat to conform with City
Ordinance.
5.15 Provide statements of dedications to the public and/or easements,
together with a statement of location, dimension and purpose of
such.
5.16 Any proposal for a supplementary connection from the Cirys
water system to the required pressurized irrigation system will
need to be reviewed closely due to the size of the area to be
watered. Applicant shall provide a statement as to the ownership
of, and operation and maintenance, of the pressurized irrigation
system. The developer shall be responsible for payment of
assessment fees and meter costs associated with a single point
connection.
5.17 The width of the pavement around the islands in the 900 knuckle
comers needs to be reviewed and approved by the Meridian Fire
Dept. and Meridian School District. Applicant shall submit
written confirmation of approvals.
5.18 Provide open access to all cleanout boxes of piped irrigation lines.
Access shall be provided which does not require water users to go
over fences or in the yards of other property owners.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-6
5.19 The minimum house size is to be 1,600 square feet, exclusive of
. garages, as represented in public meetings.
5.20 A six-foot-high, permanent, non-combustible fence shall be
installed on the northerly easement line of the Stokesbeny
Lateral.
5.21 The Applicant is to develop a pathway along the South Slough in
accordance with the Ada County Pathway Plan and City
requirements. Any relocation of the South Slough will negate its
consideration as a "natural waterway" and will require tiling.
5.22 Submit detailed landscape plans for all common areas for review
and approval.
5.23 Permanent, six-foot-high, non-combustible perimeter fencing is to
be installed prior to applying for building permits except where
the City has expressly agreed in writing that such fencing is not
required. Permanent, six-foot-high solid fencing is required
adjacent to Carol Subdivision prior to applying for building
pennits. Permanent, six-foot-high fencing shall be installed to
prohibit access to Wingate Lane prior to applying for building
pennits.
5.24 Further approvals will be required for future building pennits for
Lot 7, Block 2 of the preliminary plat due to the non-conforming
use (two dwelling wlits on one lot).
5.25 Construction of Phase 1 of Packard Subdivision No.2 may
commence only after Hickory Avenue adjacent to the southerly
boundary has been constructed for access.
5.26 Construction equipment shall not use Wingate Lane for access,
and shall not cross Wingate Lane except on a limited basis for
necessary utility construction.
5.27 Subdivision is subject to payment of lift station maintenance fees
imposed by the Public Works Department.
5.28 Provide a turnaround on the east side of Wingate Lane on E.
Challis Street. Also construct twenty-foot-wide gates for
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDrVrSION
- 7
emergency fire department access (ONLY) on each side of
Wingate Lane.
5.29 This development agreement requires City Council approval and
shall be recorded prior to signature on the final plat of any phase.
5.30 Pedestrian walkways shall be provided to minimize walking
distances. Applicant shall also install lighting system for the
walkway for safety purposes.
Adopt the Recommendations of the City of Meridian Fire Department as follows:
5.31 The open spaces on Lots 1, 4, and 25 are required to be kept dear
of trash and weeds.
Adopt the Recommendations of the Ada County Highway District as follows:
5.32 Provide documentation to the District that the authorized users
of the private road have subordinated their rights to use the road
to the Highway District to the extent that public roads and
utilities may cross the easement for the private road, or an
opinion from a practicing attorney that such crossings can legally
occur.
5.33 Construct all internal streets to a 37-foot back-to-back street
section with five-foot sidewalk within a 50-foot right~of-way.
5.34 Two of the knuckles or half culdesacs shall be constructed with
median islands, maintaining a minimum travel width of 21 feet to
the back of curb. Coordinate with District Traffic Services
Division.
5.35 All landscaped medians shall be separate platted lots owned and
maintained by a homeowners association.
5.36 Maintain a minimwn radius of 100 feet on all curves having
other than 90-degree angles of deflection.
5.37 E, Challis Street (as depicted on the drawing on file dated
September IS, 1995) shall be dedicated but not constructed
across Wingate Lane until the two properties south of the street
crossing are developed and construction has been approved by the
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- 8
Ada County Highway District Commission. The developer shan
deposit the cost of constructing E. Challis Street acrpss Wingate
Lane and removing the gates required below to the Public Rights-
of-Way Trust Fund.
5.38 Provide and install two gates, one at each end of the
unconstructed portion of E. Challis Street across Wingate Lane,
that will allow the passage of pedestrians and bicycles along the
unconstructed section of the street but not automobiles.
5.39 Construct a 14-foot-wide all weather road along the route of the
sanitary sewer line in all unplatted areas of the proposed
subdivision, including the portion of E. Challis Street across
Wingate Lane.
5.40 Provide legal and physical means of access from the Reichert
parcel to the public street system.
5.41 Locate driveway curb cuts a minimum of five feet from the side
lot property lines when driveways are not being shared with the
adjacent property.
5.42 If street improvements are proposed, locate obstructions outside
of the proposed street improvements. Authorization for
relocations shall be obtained from the appropriate entity.
5.43 A right-of-way pennit shall be obtained from ACHD for any
street or utility construction within the public right-of-way.
Utility cuts shall be combined, where practical, to limit pavement
damage.
5.44 Install stop signs on every unsignalized approach of a project
street to an intersection involving a collector or arterial as the
cross-street. The stop signs shall be installed when the project
street is first accessible to the motoring public.
5.45 The OwnerslDeveloper shall be required to install street name
signs at the locations approved by the ACHD. Purchase street
name signs, sign poles, and mounting hardware from ACHD
Traffic Operations Department or approved outside supplier. The
District will not manufacture street signs until a copy of the
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-9
recorded plat showing the recording data has been provided to -.
Development Services staff.
5.46 Submit site drainage plans and calculations for review and
appropriate action by ACHD prior to issuance of building permit
(or other required permits). The proposed drainage system shall
retain all storm water on-site and shall conform to the
requirements of the City of Meridian.
Public street drainage facilities shall be located in the public right-
of-way or in a common lot owned by a homeowners association
set aside spedfically for that use. There shall be no trees, fences,
bushes, sheds, or other valuable amenities placed in said
easement. Drainage lots and their use restrictions shall be noted
on the plat (when applicable).
5.47 Construct pedestrian ramps on the comer of all street
intersections in compliance with Idaho Code, Section 40-1335.
5.48 Dedicate a 20tx20t right-of-way triangle (or appropriate curve to
keep street improvements within the public right-of-way) at all
intersections abutting and/or within the development prior to
issuance of building permit (or other required permits).
5.49 Continue existing irrigation and drainage systems across parcel.
5.50 Continue borrow ditch drainage abutting parcel (culvert may be
required) .
5.51 Provide 'Mitten "approval from the appropriate irrigation/drainage
district authorizing storm runoff into their system.
5.52 Locate proposed sign(s) out of the public right-of-way and out of
the dear-vision sight-triangle of all street and driveway
intersections.
5.53 Provide a dear vision sight triangle at all street intersections.
Within this triangle, no obstruction higher than 36 inches above
the top of pavement will be allowed, induding landscaping,
berms, fences, walls or shrubs. The triangle shall be defined by
the long leg measured down the centerline of any collector 350
feet; and the short leg measured down the centerline from the
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-10
collector street curb line 20 feet. Provide notes on the plat and--
street construction plans of these restrictions.
Adopt the Recommendations from the Central District Health Department as
follovvs:
5.54 Central water and sewage may be approved upon vvritten approval
from appropriate entities and the Idaho Department of Health &
Welfare Division of Environm~nta1 Quality.
5.55 Street run off shall not create a mosquito breeding problem.
5.56 Monitoring of the high water table shall be prior to design and
installation.
. 5.57 The first one half inch bf stormwater shall be pretreated through
a grassy swale prior to discharge to the subsurface to prevent
impact to groundwater and surface water quality. Obtain current
best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and
surface water degradation. Manuals for guidance are as follows:
5.57.1 STORMWATER MANAGEMENT MANUAL FOR THE
PUGET SOUND, State of Washington Deparunent of
Ecology, February 1989.
5.57.2 ADA COUNTY HIGHWAY DISTRICf GUIDELINES
FOR STORMWATERAND SITE DRAINAGE
MANAGEMENT.
5.57.3 CALIFORNIA BEST MANAGEMENT PRACfICE
HANDBOOK. Prepared by Camp Dresser and McKee,
Larry Walker Assoc., Uribe and Assoc., Resources Planning
Assoc., for the Stormwater Quality Task Force.
5.57.4 URBAN STORM DRAINAGE CRlTERIAMANUAL,
Volwne 3, Best Management Practices, Stonnwater
Quality, Urban Drainage and Flood Control District,
Denver, Colorado.
Adopt the Recommendations from Idaho Power Company as follows:
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- II
5.58 Pennanent 10-foot wide public utilities easement along all lots -.
adjacent to a road right-of-way dedicated to public or private use,
shall be required.
Adopt the Recommendations from the Nampa & Meridian Irrigation District as
follows:
5.59 The District's Finch Lateral courses through the north portion of
the project. The right-of-way of the Finch Lateral is 80 feet, 40
feet from the center each way. The District's Stokesberry Lateral
courses through the south portion of the project. The right-of-
way for the Stokesberry Lateral is 40 feet, 20 feet from the center
each way. The developer must contact John P. Anderson or Bill
Henson at Nampa & Meridian Irrigation District, 466-0663 or
345-2431, for approval before any encroachment or change of
right-of-way occurs. Nampa & Meridian Irrigation District
requires that a Land Use Change/Site Development application
be filed for review prior to final platting. All laterals and waste
ways shall be protected. Municipal surface drainage shall be
retained on site. If any swface drainage leaves the site, the
District shall review drainage plans. Irrigation water shall be
made available to all developments wi thin the District.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE:
This Agreement and the commitments contained herein shall be terminated,
and the zoning designation reversed, upon a default of the "OwnerslDeveloper"
or "Owners '/Developer's " heirs, successors, aSsigns, to comply with Section 5
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
r.c. 9 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSALOF ZONING
DESIGNATION
"Owners/Developer" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- ] 2
7.1 That the "City" provide vvritten notice of any failure to comply with tflis
Agreement to "Owners/Deve1oper" and if the "Owners/Developer" fail
to cure such failure within six (6) months of such notice.
8. INSPECTION:
"Owners/Developer" shall, immediately upon completion of any portion or the
entirety of said development of the "Property" as required by this agreement or
by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or
portion thereof in accordance with the terms and conditions of this Development
Agreement and all other ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.'1 In the event "Owners/Developer", "Owners'lDeveloper's" heirs,
successors, assigns, or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property", fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the "Property", this Agreement may be modified or
tenninated by the "City" upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owners/Developer" of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners'lDeveloper's" cost, and submit proof of such recording to
"Owners/Deve1oper" in connection with the annexation and zoning of the "Property"
by the City Council.
11, ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any coun of competent
jurisdiction by either "City" or "DeveIoper"/"Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
.13
by an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "OwnerslDeveloper" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with diligence
and continuity, then the time allowed to cure such failure may be
extended for such period as may be necessary to complete the curing of
the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Ovvners/Developer" or "City" is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~12-5-3, to insure that installation of the
improvements, which the "Owners/Developer" agree to provide, if required by the
"City".
14. CERTIFICATE OF OCCUPANCY: The "Owners/Developer" agree that no
Certificates of Occupancy VIIill be issued until all improvements are completed, unless
the "City" and "OwneniDeveloper" have entered into an addendum agreement
stating when the improvements wiil be completed in a phased developed; and in any
event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "OwnerslDeveloper" agree to
abide by all ordinances of the City of Meridian and the "Property" shall be subject to
de-annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- 14
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3)
days after deposit in the United States Mail, registered or certified mail, postage
prepaid, return receipt requested, addressed as follovvs:
CITY:
OWNERS/DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Robert E. and Michele L. Coburn
2640 N. Wingate Lane
Meridian, ID 83642-5708
Robert and Willa J. Cassell
2795 N. Wingate Lane
Meridian, ID 83642-5709
Packard Estates Development, LLC
6223 N. Discovery Way, Suite 120
Boise, ID 83713
with copy to:
City Oerk
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance 'With the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be conunenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition
to any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, tennination
or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDlvrSION
- 15
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon -,
and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, induding "'City"'s corporate authorities and their successors
in office. This Agreement shall be binding on the owner of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property".
Nothing herein shall in any way prevent sale or alienation of the "Property", or
portions thereof, except that any sale or alienation shall be subject to the provisitms
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
o ~'Owners/Developer", to execute appropriate and recordable evidence of termination
afthis Agreement if "City", in its sole and reasonable discretion, had determined that
"OwnerslDeveloper" have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any'of the other
provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "OwnerslDeveloper" and "'City"
relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written. express or implied, between
"Owners/Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns. and pursuant, vvith
respect to "City", to a duIy adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: TItis Agreement
shall be effective on the date the Meridian City Council shall adopt the amendment
to the Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- [6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF. the parties have herein executed this agreement
and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
PACKARD ESTATES DEVELOPMENT. LLC
BY~'
~ Win Edmonds, Partner
BY:
~~
Craig Groves', Partner
OWNER:
P;;}f
Roben E. Coburn
,~
V ' (/ f1AfYJtM/ttJ
Michele L. Coburn
OWNER:
f1i/!~ p. &uP ld/
R- .J..,c:t Cassell
W; 11" ;:r;
Wi,j lLk L. CeIHl.1:1J.
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
- 17
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STATE OF IDAHO
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COUNIY OF ADA )
~thisJ!t day of'" ..,.' ~f ' in the y~ 2001. before me.
,14A , ';;;'.{q~ 'a Notary Public, personally appeared Robert E. Ar1;~ Michele L.
V a urn, fka MiS!. L Cheswortli, husband and wife, known or identified;to me to be
the pe~sons ~o executed the within instrument, and acknOwiedged to me that they
executed the same.
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'. DEVELOPMENT. AGREEMENT FOR PACKARD ACRES SUBDIVISION
- 18 '
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STATE OF IDAHO '
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COUNlYOFADA )
, ':' ,.,._"N,' ',." D-~' ilii~>t,q. day of /vtty , in the year 200t, before 'me"
'<~>:::. ,',' '. a Notary Public, personally appeared ;Robert .1Ild Willa J. Cassell"
.,' nusbahd and ,known or identified to me to be the persoris who executed the wi~'
,,' . ~~\,"ti\5~~I1t, an :-acknovvledged tome that they executed the same. ."
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:ss
CO~1YOF ADA )
this 1.1 day of ~ y ", in the year 2064. before me,
a Notary Publi~ personally appeared Witt Edinonds and Craig
Gf es, known or' entified to ~e to be the partners of Packard Estates Development,
LLC, who executed the instrument on behalf of said limited liability company and
acknowledged to me having executed the same.
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DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
.19
, . ~. .' ".".. . . " .' .. .. .
,,' >~TATE OF IDAHO'" Co,')
,'0' .,' :ss, .
;:':' <;ounty of Ada ' )
',(,:<> /, . On, this :3/ Sf day of fJ1a 1/ '. , in the year 2106, bdore me~a
, '\",:~:::':Notary Public, personally appeared RoiSert D~ .corrie and William G. Berg, know or .
....' ,':"':~~idef1.t#ied to me to.be the Mayor and'Clerk, feSpectiVely, of the City of Meridian, who
"-,/:;~ecuted the instrument Of the person that eXecuted"the instruinent of behalf of said
;' "Cio/~ and acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT FOR PACKARD ACRES SUBDIVISION
-20
RECEIVED
MAY 1 5 2001
Meridian Police Center
4-Apr-01
CITY OF MERIDIAN
ProjectCostSpneadsheet
. .
1 ACHD Impact Fee Allowance
2 Irri ation Fee Allowance
1: 3 Buildin Permit Fee Allowance
4 Conditional Use Permits
"~ 5 Sewer Connection Fee Allowance
6 Water Connection Fee Allowance
7 Idaho Power Connection Fee Allowance
8 Advertisement for Bid
9 Soil/Geotechnical Report
10 Material Testin & Ins ection
11 Surve Work - Stakin
12 Bid Document Costs - Re roduction & Posta e
13 eM Fee
14 Architect Fee
15 Insurance Costs-Builders Risk Allowance
16 Fumishin s, Fixtures, & Equipment
Total Soft Costs
$
$
$ 25,000.00 k.r-f'( ,
w/ item #14 \% '~
$ 2,000.00
$ 5,000.00
$ 10,000.00
b owner
w/ item #14
$ 20,000.00
$ 10,000.00
$ 10,000.00
$ 158,500.00
$ 250,000,00
$ 4,000.00
b owner
$ 551,500.00
Construction Cost
1 Construction Costs $ 3,127,353.00
2 Contingency $ 90,000.00
Total Construction Costs $ 3,217,353.00
Total Project Cost $ 3,768,853.00
~+
Meridian Police Center
4-Apr-01
Value Engineering Spreadsheet
Value Engineering
4-2-01 Construction Budget $ 3,486,995.00
1 Simplify Site Work Desiqn $ (100,000.00)
2 Reduce Amount of Brick/Increase eMU Veneer $ (22,000.00)
3 Delete Glass Block $ (13,200.00)
4 Delete Sun Shades $ (15,000.00)
5 Reduce Signage Allowance $ (5,000.00)
6 Reduce Lockers by 25 each $ (2,500,00)
7 Reduce Detention Equipment Allowance $ (10,000.00)
8 Simplify Mechanical DesiQn $ (71,388.00)
9 Simplify Electrical DesiQn $ (29,745.00)
Total Value Engineerina $ U{269,642.00)
4-4-01 Construction Budaet $ 3,217,353.00
WHITE PETERSON
WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
WM. F. GlGRAY, III
BRENT JOHNSON
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS.
CHRISTOPHER S. NYE
PHILIP A. PETERSON
ERIC S. ROOSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE..
200 EAST CARLTON AVENUE, SUITE 31
POST OFFlCE BOX 1150
MERlDIAN, lDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFlCE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0147
TEL (108) 466-9171
FAX (lOB) 466-4405
.ALSO ADMITTED IN OR
'.ALSO ADMITTED IN WA
PLEASE REPLY TO
MERIDIAN OFFICE
May 15,2001
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
RECEIVED
MAY 3 1 2001
City of Meridian
City Clerk Office
Re: Ordinance No. 01-917 I Touchmark Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has
prepared a summarization of the ordinance providing for the annexation and zoning
ordinance, pursuant to the City's action. I do hereby advise the City, and make this
statement, that said summary is true and complete and provides adequate notice to the
public of the provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant
to the provisions of Idaho Code & 50-90 I (A).
Very truly yours,
Enclosure
Z:\Work\M\Meridian\Meridian 15360M\Touchmark Living Centers\BergSumOrd05150 I Ltr.doc
NOTICE AND PUBLISHED SUMMARY
ORDINANCE PURSUANT TO r.c. ~ 50-901 (A)
CIlY OF MERIDIAN ORDINANCE NO. 01-917
PROVIDING FOR TOUCHMARI( LMNG CENTERS ANNEXATION AND ZONING
ORDINANCE
An Ordinance of the City of Meridian annexing and zoning certain land to be known as
Touchmark Living Centers and which lies contiguous or adjacent to the City limits of the City
. of Meridian, County of Ada, State of Idaho, and said land is designated as Limited Office
District (L-O), and said land, by proper legal description as described below, be a part of the
. City of Meridian, County of Ada, State of Idaho, and repealing all ordinances, resolutions,
orders or parts thereof in conflict herewith; and directing the City Engineer to add said
property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the
City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed
with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax
Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-
2215.
Touchmark Living Center
A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the north 1/4 corner of Section 16, T.3N., R.IE., B.M., the REAL POINT OF
BEGINNING of this description;
Thence S 89029'19" E 1351.29 feet to the northeast corner of the NW 1/4 ofthe NE 1/4;
Thence S 00006'3011 E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 to a point on
the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page
6399, records of the Ada County Recorder's Office;
Thence along the north and west boundary of Edgeview Estates No. 1 Subdivision and along the
west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704,
records of the Ada County Recorder's Office, the follovving courses and distances:
Thence N 82017'38" W 7.63 feet;
Thence N 79033'15" W 449.48 feet;
Thence S 80042'48" W 116.19 feet;
Thence S 25035'37" W 195.09 feet;
Thence S 22039'37" E 150.00 feet;
Thence S 33016'31" E 620.00 feet;
Thence S 30051'03" E 493.00 feet;
Thence S 00006'30" E 493.51 feet;
Thence S 13051'55" W 426.51 feet;
Thence N 89023'43" W 34.37 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 1
Thence S 13046'18" W 21.40 feet to the southwest corner of Edgeview Estates No.2, said point
being on the north right of way of Interstate 84;
Leaving the boundary of said Edgeview Estates No.2;
Thence continuing S 13046'18" W 118.18 feet to a point;
Thence S 12044'22" W 87.01 feet to a point on the south right of way of Interstate 84;
Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 84 to a point on
the west line of the NW 1/4 of the SE 1/4;
Thence N 00013'01" W 227.61 feet to the northwest corner ofthe SE 1/4 (the center 1/4 corner)
of Section 16;
. Thence N 89023'3SU W 625.37 feet along the south line of SE 1/4 of the NW 1/4 to a point on
the north right of way of Interstate 84;
. Thence N 85044'30" W 723.14 feet along said north right of way to a point on the west line of
the SE 1/4 of the NW 1/4;
Thence N 00021'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4;
Thence N 89026'1111 W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 to a point
on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107,
records of the Ada County Recorder's Office;
Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the
NW 1/4 of the NW 1/4;
Thence S 89028'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NW 1/4;
Thence S 00021'5611 E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 to a point;
Thence S 79029'58" E 117.09 feet to a point;
Thence N 00021'56" W 516.55 feet to a point on the north line of the NE 1/4 of the NW 1/4;
Thence S 89028'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point;
Thence S 00013'01" E 922.87 feet to a point;
Thence S 85031'4711 E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4;
Thence N 00013'01" W 939.06 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 163.288 acres, more or less.
A full text of this ordinance is available for inspection at City HaU, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the / ~ day of
1J1~ ,2001.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
....
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ANNEXATION AND ZONING ORDINANCE (AZ-99-0021)- 2
~NTY'RECORO
,J. D",WJO NAVARRO
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2D02 MY -8 AM 9: 07
IRRIGA TION PIPELINE EASEMENT
CITY OF MERIDIAN
PARKS AND RECREA TION DEPARTMENT
AND
HOWELL-MURDOCH DEVELOPMENT CORPORA TION, INC.
FOR
MERIDIAN SETTLERS (56 ACRES) PARK
APRIL 1, 2002
(
pipeline, the costs of removal and replacement or restoration of the same
shall be the obligation of "HOWELL-MURDOCH".
2.3 On the terms and conditions hereinafter set forth "CITY hereby grants to
"HOWELL-MURDOCH" a perpetual easement for irrigation pipeline on,
under. over and across the "CITY" property, and "CITY" authorizes
"HOWELL-MURDOCH" to construct, install, build, repair, maintain, clean,
access. and enhance an irrigation pipeline system thereon (hereinafter
"Authorized Use"). Specifically, said easement is a 20' x 436.30' drainage
easement located on the "CITY" property, and is described and shown on
Exhibit "B", consisting of two pages, attached hereto.
2.4 Except as provided herein, the easement herein granted is nonexclusive to
"HOWELL-MURDOCH", and no structures, obstructions, or other
improvements are to be constructed on the easement without the prior written
consent of "HOWELL-MURDOCH", which consent shall not be unreasonably
withheld. When such consent is given, if any structures, fences, obstructions,
landscaping or other improvements constructed or planted on the easement
must be removed in order for "HOWELL-MURDOCH" to perform its
obligation to repair and maintain the irrigation pipeline, the costs of removal
and replacement or restoration of the same shall be the obligation of "CITY".
2.5 Notwithstanding any provision herein to the contrary, the parties hereto
agree: that neither will construct any permanent buildings or non-easement
related structures, nor install any deep rooting landscaping, in the easement
area; no trees will be planted closer than ten (10) horizontal feet away from
the centerline of the pipe as placed in the easement. For the purposes of this
agreement, sidewalks, grass, shrubs, mulch or other landscape cover are not
prohibited in the easement area.
Section 3. CONSTRUCTION, INSTALLATION, ACCESS AND MAINTENANCE:
3.1 Except as noted hereafter, at its sole cost and expense "CITY" shall
construct, install, access and maintain the irrigation pipeline system on,
over, under and across Exhibit "B", the construction, installation,
access and maintenance thereof to be performed in accordance with
the policies of "CITY" and sound engineering practices. Provided,
however, at its sole cost and expense, HOWELL-MURDOCH will
reimburse the City $2,600.00 for the cost of constructing the two clean
out manholes at the Cedar Springs entrance off of Meridian Road.
3.2 After construction and installation is completed, at its sole cost and
expense, the "CITY" shall maintain the irrigation pipeline system in
good condition and repair, until such time when the pipeline is
Irrigation Pipeline Easement - 56 acre park / Howell
2
(
extended as the main supply source for the "HOWELL-MURDOCH"
pressurized irrigation system, whereupon HOWELL-MURDOCH will
assume all maintenance responsibilities. including the cost of same.
"CITY" shall have access to and from, over and across the Exhibit "A"
for the purposes of such repair and maintenance during its period of
maintenance responsibility. Provided, however, that "CITY" will
maintain that portion of the pipeline constructed in the easement
described in Exhibit "8".
3.3 If the adjoining property owned by "HOWELL-MURDOCH', or the
surface of the easement if the irrigation pipeline system constructed
and installed by "CITY" is buried, is damaged as a result of the
"Authorized Use" by "CITY" of the easement herein granted or the
failure or neglect of "CITY'" to construct. repair, access and maintain
the irrigation pipeline system thereon as required by this Section,
"CITY" shall, at its sole cost and expense. repair and restore the same,
to the extent reasonably practicable, to the same condition it was in
prior to such damage.
Section 4. INDEMNIFICATION: Subject to the provisions of, and limits of liability set
forth in, the Idaho Tort Claims Act;, "CITY" shall indemnify and hold harmless "HOWELL-
MURDOCH" from and against all claims, actions or judgements for damages, injury or
death caused by or arising out of its "Authorized Use" of the easement.
Section 5. COVENANTS RUN WITH THE LAND: This easement shall be a burden
upon the respective easement areas and shall be appurtenant to and for the benefit of the
parties hereto, and shall run with the land.
Section 6. ATTORNEY'S FEES AND COSTS: In any suit action, or appeal therefrom
to enforce or interpret this easement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
Section 7. EXHIBITS: All exhibits attached hereto are incorporated herein as if set forth
in full herein.
Section 8. SUCCESSORS AND ASSIGNS: The easements and the covenants and
agreements herein contained shall inure to the benefit of, and be binding upon, the parties
hereto and their successors and assigns.
Section 9. RECORDATION: This easement shall be recorded in the Real Property
Records of Ada County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this easement to be
executed the day, month and year first set forth above.
Irrigation Pipeline Easement - 56 acre park I Howell
3
"ClTY"
ATTEST:
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STATE OF IDAHO,
ss:
County of Ada,)
On this J yt day of ~ ' 2002, before me, ~~Q/t'n1 Srli 1"~
, a Notary Public in and for said State of Idaho,
personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me
to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed this instrument
or the persons who executed the instrument on behalf of said City, and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day,
month and year first above written.
Irrigation Pipeline Easement - 56 acre park I Howell
4
(SEAL)
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"'. \br_.r.. L .. My Commission Expires: oL/- 28 -05
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STATE OF IDAHO,
: ss:
County of Ada.)
On this /b day of ;JfaVr:J-,Z002, before me, 5 .Ae; /((. '7eA uJe.r
, a Notary Public in and for said State of Idaho.
lly appeared EVIN A. HOWELL, known or identified to me to be the
; of HOWELL-MURDOCH DEVELOPMENT CORPORATION, INC..
wh executed this instrument and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day,
mon::.~~~;,:~: fiI,t above writt~ .~
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Z:\Work\M\Meridian\Meridian 15360M\Parks\IRRIGATrON PIPELINE EASEMEN56AcrePark.doc
EXHIBIT "A"
HOWELL-MURDOCH EASEMENT
A strip of land 20.00 feet in width lying wholly and exclusively within Parcel II as shown on
Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho,
being also a portion of the southeast Y4 of Section 36, Township 4 North, Range 1 West,
B.M., the east line of said strip being more particularly described as follows:
Commencing at the found 3 V4" aluminum cap marking southeast corner of said Section 36,
Township 4 North, Range 1 West, 8.M.;
Thence N 00051'23" E along the east line of said Section 36, being also the centerline of
Meridian Road, a distance of 1325.05 feet to the south 1/16th corner of said Section 36;
Thence continuing N 00051'23" E along the east line of said Section 36, a distance of
225.00 feet;
Irrigation Pipeline Easement - 56 acre park / Howell
5
thence N 89008'37" W, a distance of 48.00 feet to the POINT OF BEGINNING of the east
line of the said 20.00 foot strip of land, said line being 48.00 feet west of, and parallel to,
the east line of the southeast 1/4 of said Section 36;
thence S 00051 '23" W along the east line of said 20.00 foot strip. a distance of 426. .12 feet
to the south line of Parcel II and the POINT OF TERMINUS, said point being N 89010'45"
W a distance of 23.00 feet from the found 5/8" re-bar and cap. P.L.S. 5617, marking the
southeast corner of said Parcel II
The above described parcel contains 0.20 acres, more or less, and references Record of
, Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
EXHIBIT "8"
CITY OF MERIDIAN EASEMENT
A strip of land 20.00 feet in width lying wholly and exclusively within the southeast 1/4
southeast V4 of Section 36, Township 4 North, Range 1 West, B.M., as shown on Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho, the east line
of said strip being more particularly described as follows:
Commencing at the found 3 V4" aluminum cap marking the southeast corner of said Section
36, Township 4 North, Range 1 West, B.M.;
thence North 00051'23" East coincident with the east line of said Section 36, being also the
centerline of Meridian Road, a distance of 1123.94 feet;
thence North 89008'37" West perpendicular with the east line of said Section 36, a distance
of 25.00 feet to a found 5/8" re-bar and cap P.L.S. 5617, marking the southeast corner of
Parcel II;
thence North 89010'45" West coincident with the south line of said Parcel II, a distance of
23.00 feet to the POINT OF BEGINNING of the east line of the said 20.00 foot strip of
land, said line being 48.00 feet west of, and parallel to, the east line of the southeast 1/4 of
said Section 36;
Irrigation Pipeline Easement - 56 acre park / Howell
6
thence South 00051'23" West coincident with the east line of said 20.00 foot strip, a
distance of 436.30 feet to the POINT OF TERMINUS.
The above described parcel contains 0.20 acres, more or less, and references Record of
SUlVey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
Irrigation Pipeline Easement - 56 acre park j Howell
7