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Home My WebLink About2001 08-08 MAYOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy de Weerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888.42 I 8 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, August 8th, 2001 at 6:00 P.M. The City Council will meet to review and approve bids and budget recommendations for the Meridian Police Center with the awarding of contracts. The public is welcome to attend. DATED this 6th day of August, 2001. JldE~~ ;k,-", WILLIAM G. BERG, JR. ITY CLERK \\~'ll\~1I !1~'tJ.llt. ,,\\'\ Of f~1E;S,<'fl",." ,v ..<"\ __~:':.';'! ';., " CJ"t~'\ --":',1 .~" .....::: rO'?>'?Wvll:; ..",,~, :;; ...V <::-A .<. :~ ~ v %. "~r.;"T (o,M __ ~ J....J.'iU..& -"'?c, t~ ~ "': "" '." \. (~~ ~r~, ,. ._'!- ~ ~~ (O,,~,...,~-~ r 15\ ~// ~'';- :.~:; -/ -1 --- ^~ '.' .', Co '\v ...... '/,-,.. !.J:'Y':-"'{. \,;-. '}/t", Or ~ j .\\\\\ . I l; . :'. . ~ T '; t ~ \ \ MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good PJ ace to Li ve CITY OF I\1ERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888.6854 MERIDIAN CITY COUNCIL Due to the lack of a quorum, the regular scheduled City Council meeting for Tuesday, August 7th, 2001 has been rescheduled for WEDNESDA Y, AUGUST 8TH, 2001 at 6:30 p.m. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DA TED this 29th day of July, 2001. Jk~~~&'ljj,/~ WILLIAM G. BERG, JR. .i/CIT CLERK . \ \ \, , , II ~ ! I . I . . l' : If: ~ \\\ - ~<._". '1/. \,\ .".. Or )1tlt.f..,~ ~.. ....~~J. ,$'.... ~ - ..,..,----.. ~,.....;... ';', $ (J.t/ O"i'>?(OF'.(;1 '>. "y ';,., ::: ,(".,j / ~ ' .: 2 TO" ~~ <I ~ ~ ' ,. ~ SI:AL :: 'Y r:::. :. .'\.~( ~.? ^ .:2 \- '"Yo. ""';'3-,. 1'2,\ ' .::.....,;~~ ,; .., <'\'?- ,..;' '<-I, CtH,. ",,,,t ~ ",,~ I,"", . r....~".~ c, 't t \\\ . -II /J; I., ;',~:., \; \ \ \ \ \ CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Wednesday, August 8, 2001 at 6:00 P.M. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Ron Anderson Cherie McCandless Keith Bird Mayor Robert Corrie 2. Meridian Police Center: Review and Approve Bids and Budget Recommendations while Awarding the Contracts presented by Kreizenbeck Constructors, Inc. arr-o V-<"'- Meridian City Council Special Meeting Agenda - Augwiit 8, 2001 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andIor 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 SPECIAL MEETING AGENDA VVednesday,August8,2001 at 6:00 P.M. City Council Chambers 1. RolIRcaU Attendance= o Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Meridian Police Center: Review and Approve Bids and Budget Recommendations while Awarding the Contracts presented by Kreizenbeck Constructors, Inc.: Approve Meridian City Council Special Meeting Agenda - August 8, 2001 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. Meridian City Council Special Meeting August 8. 2001 The Special Meeting of the Meridian City Council was called to order at 6:00 P.M. on Wednesday, August 8, 2001, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Ron Anderson, and Keith Bird. Members Absent: Tammy de Weerd. , "Others present: Gary Smith, Shari Stiles, David Swartley, Dave Bowman, and Will Berg. RolI.call Attendance: o Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. (Inaudible) I'm going to open the City Council Special Meeting for Wednesday, August 8,2001, at 6:00 P.M. in the City Council Chambers. Roll call attendance Mr. Berg. Item 1. Item 2. Meridian Police Center: Review and Approve Bids and Budget Recommendations while Awarding the Contracts presented by Kreizenbeck Constructors, Inc. Corrie: This is going to be review and approval of bids and budget recommendations and awarding of contracts presented by Kreizenbeck Contractors Inc. At this time, the Council President would like to ask a couple of questions then we'll go right into that Mike. Bird: I would like this for the public record. I've got, as we all know, a company that I manage, do not own was apparent low bidder on the glass. So, if I could get Russ and Mike to come up here I want to ask you publicly a couple of questions to get you on tape. I'll start with you Mike. Berrard: Okay. Bird: At any time did anybody representing Architectural Glass and Glazing or myself request any favoritism or any special favors from Kreizenbeck? Berrard: No. Bird: The same question to Russ from Lombard Conrad. Moorhead: No. ; Meridian City Council Specib-...eeting August 8, 2001 Page 2 Bird: Okay. That's alii needed. Thank you very much. Corrie: Okay thank you guys. Okay, Mike, you're up. Berrard: I'd like to start out the meeting tonight by indicating that as we've gone through the relatively laborious process of working with the architects and the City through the design of the building. I'd like to make it a point that I think from Kreizenbeck Constructors side of view that the Police Department has been very frugal in their requests of design as a building. I think they've been very straightforward. They've been economical and I think that's a major reason of why we can be here tonight to present some good budget news on the project. On the same token I think Lombard Conrad Architects and their consulting engineers did a good job of following the guidelines of the Police Department and knowing when to stop drawings. Every line they put on the plan always adds money to the project and I think they did a good job knowing that break point, where to stop. With that said, I'd like to jump right into the meat and potatoes of what we're doing today. You should all have a copy of our bid summary book to kind of bring us up to date. Does everybody have that? Okay I'm going to start from the back, tab 4. We had roughly 80 sets of plans that were out on this project that were circulating through the bid market, through subcontractors, suppliers, plan rooms, alike. So we had 80 sets of plans that were working through this project. We had a great deal of interest on the project. I think timing wise it hit very well for, we call it our industry and the work that was going on. We received a total of 81 bids from all of the specialty trades on just (inaudible) packages. Now there are a lot of bidders that fall under some of these prime contractors. 81 bids total. I think that's significant. In tab NO.4 it's broken down per bid package of the individual bidders that we received bids from. It talks about some of their qualifications with bid bonds and Public Work Licenses, (inaudible) and all the formalities. It lists their base bid amounts and the low bidder from each bid package is just kind of blackened in. If you would like, you guys can review through that stuff kind of at your leisure. Again, I think as you go through you'll notice that there is some fairly aggressive bidding and some of the guys that were low, I think they just were eager to work for the City and they're eager to be involved in this project and I think the timing hit really well. Moving to tab No.3. What that is, is a synopsis or a summary of all of the bidders. It just lists out the individual low bidders per bid package so we've condensed all the stuff in tab 4 to just a single bidder in the bid summary. If we can run through that bid summary, just a couple items that I'm going to point out. On item 10.1 there's an allowance included in there for some additional lockers. The Police Department through their -- again, through their frugal design requirements had originally drawn 60 to 70 percent of the lockers that were required to fill the space with the intention that they could go ahead and add lockers at a later date. We've gone ahead and included an allowance in there to complete the lockers and the locker room and basically finish that thing off. That's what that 12,000- dollar number is for. As we go down to 14.1 the architects have specified a Meridian City Council sped~. ...eating August 8, 2001 Page 3 relatively low grade of carpet and part of the way that the grade of carpet has been kind of down at the tier is the backing that's on it. We requested a general proposal from our floor covering guy of a way to upgrade that. He can go to a, I might call it not a premium but an above average backing on that carpet for an extra 6,700 dollars. That gets us from kind of a low range up to above average grade that we're going to get approximately twice the wear out of. We felt like that made sense. Bid item No. 16 is the compact storage systems which are in the evidence area. The design intention was to accommodate roughly 19 or 20 of these moveable cubicles. The plans had the racks in there, that the rails in the floor for the full system but they only included eight of the actual storage ,..components with the intention that if there was some budget savings that they could add in those additional cubicles at a later date. On that particular bid package we received two bids. One of them was for POS Office System and the other one was from Office Environment. They only included eight of the storage cabinets which were what was specified and both of those bids were irregular. So, we really needed to either start waiving some informalities in those bids and the City you kind of have to do some compromising there to make that work. Or, the thought was if we added the additional storage units that went in there, there's some specific detail design that's got to go into the later units for guns and ammunition type storage things so they're a special design. What the thought process there was, was to go ahead and let the architect spend some time and redraw all of those bins with the specialty stuff. We'll just take that entire bid package and go back out and re bid it. That seemed to be the cleanest kill. The value of the additional lockers would have been almost as much as the original storage containers. It just made sense in benefiting the City after we reviewed all the options that we just re bid that. Time is not a problem at this point. That 54,000 dollar number represents all of the lockers that would go in there and that would get that evidence room complete. The last item is general allowance for some window blinds which were not included in any of the bid documents but it's going to be something necessary for the project. The total of that summary under category three is 2,370,864 dollars. Moving ahead to tab 2, that is just a quick recap of what the estimated general reimbursable, general condition reimbursable items are for this project. That's the number that we've been working with really since day one since we started budgeting is 252,000 dollars. That's just an idea to help kind of break that down. All these items are done on actual reimbursable cost (inaudible). There's a compilation there. Then under tab 1, we've taken kind of all of those other tabs and we've summarized them into what we're gOing to call the project budget. Just running through the major soft cost items there, the total of that is 566,500 dollars. That's been the number we've been working with since we've been involved in the project for the total soft cost of the project. Construction costs, line item No.1 is the 2,371,864 dollars which is transferred from the back page. We had included an allowance in there for cover and completing enclosure of the back (inaudible) area which the way that the plan shows it is in essence no cover. It's really not complete. That was on the Police Department's wish list of something that they felt was necessary. Item No.3 iSI we have two entry gates coming into the, kind of into i. Meridian City Council speci6. ,.,eeting August 8, 2001 Page 4 the back, nuts and bolts of the police area. The compromise up front in order to try and save money is to make one of those gates electric. The other gate was manual and they would have to do some sort of a turn around function at night when the manual gate would not be open. Again one of the significant items on their wish list was make that other gate electric so they can go in and out through the side in a regular loop. Item 4 was the general condition reimbursable from tab 2. Item 5 is an overall construction contingency for the entire construction process of 150,000 dollars. If you add the soft costs and the total construction cost, that comes up with a project cost 3,451,364 dollars. That leaves some additional arbitrage or in this case we called it project contingency of just under .,,100,000 dollars. That gets us to our three and a half million 3,550,000 in the original budget that everybody's been kind of working towards. So, right now, I guess the number that we would make a recommendation to review and approve with you guys is the 3,550,000. The 98,636 in overall project contingency would remain in the City's coffers as unallocated funds. There is no budget in this allowance for any FF&E so at your discretion, at any point in time that could roll back up and be used for FF&E or any other item which you guys may deem necessary. All that being said, thafs kind of a quick recap on the budget. I open it up for any questions that you might have. Anderson: Mr. Mayor I did have one question. Where's the framing at? I realize it's pretty much a block building but is there a framing cost for setting the truss and the sheeting or is that included in the roof? Berrard: Actually, no. Actually that's a good question. The building itself is actually a steel frame building. We had talked at one point about doing some wood frame stuff and in order to try and get better bids and provide a higher quality building for the City we felt like we could change from wood to steel and actually save money so the building itself is a steel frame. I think the only thing that is structural CMU is the two stair towers and then the portion of the back of the building that is kind of the detention area. All of the steel framing would have been done under - Bird: Six. Berrard: Well, and there's two of them. It's fabrication and erection so it would be bid Item No. 6 and NO.7. The two of those numbers added together were 124,000 for the fabrication and 36,000 and change for the erection so it's around Bird: -- 166. Berrard: 160,000 and it works out to like 5.50 dollars a square foot so I mean it's very, very affordable. Better than we would have expected. Anderson: Have you figured out what a total per square footage price works out on the building? [ Meridian City Council Spaci~,...eeting August 8. 2001 Page 5 Berrard: Typically, that, when they figure it on construction costs, roughly 2.9 million and there's roughly 30,000 square feet so we're just under 100 dollars a square foot on construction costs which is right where we need to be. Obviously if we go to project cost its going to - Anderson: We're just taking construction? Bird: That's all we're taking. . '. Anderson: I told you we would be at 100. Bird: If you're just taking construction take the 23 (Inaudible discussion amongst Council members) Anderson: (Inaudible) we're going to be (inaudible) Bird: We're under 100. Anderson: 70 dollars a square foot. Bird: We're under 100 aren't we? (Inaudible discussion amongst Council members) Anderson: You guys don't even want to get in this argument. Bird: You don't want to get in this with Ron and I? Moorhead: Just let us know when you're done. Bird: Go ahead. Corrie: They're done. Any other questions? Bird: Mayor I don't have a question I just want to state a fact. I think it's a fact. I think that these prices reflect the reputation of Lombard Conrad and also Kreizenbeck Constructors in the construction trade. If you'll look through there, most of the trades -- most of the bid items were bid by top quality subcontractors. Being in this trade, construction trade, I know that Lombard and Conrad and Kreizenbeck are at the top level in their fields. I think that this reflects on the prices that we got because people, subcontractors know when they're working for them that they're not going to get a bunch of changes and a bunch of stuff thrown at them. So, I appreciate the job they've done. I think they've come in very good. I don't know how we pass on it or how we do the thing. I'd like to ask ; Meridian City Council Speci~,.._,eeting August 8, 2001 Page 6 the attorney how we pass on the budget or if we pass - how we do the contracts? I don't want to have to list every single low bidder. Swartley: Mayor Corrie, Councilman Bird I think you can approve the package that Kreizenbeck has put together and that would cover just fine. Bird: Okay. Corrie: Any questions, statements? .. Bird: I have none. Corrie: I ditto (inaudible). You did a great job. I think we got in at the right time for the bids. That shows very obvious and I'm looking forward to getting it done and away we go. Get the Police Department happy and get them out of the whole building and take care of that building when the time comes. Is the Council ready to make a decision? Bird: I'm ready. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would -- Cherie why don't you make the motion to do it? You're the liaison. McCandless: That's fine. I'm trying to figure out Corrie: Accept the proposal. Bird: Just accept the proposal and put their job number on it. I think we're okay. We'll let the attorney write it up. McCandless: Okay. Bird: For the Mayor to sign and the clerk to attest on all of it. McCandless: I move that we approve the bids and budget recommendations of Kreizenbeck Construction and Lombard Conrad and for the Mayor to sign and the Clerk to attest. Bird: On all contracts? Meridian Ctl.y Council Specia"..,eeting August 8, 2001 Page 7 McCandless: Yes on aU contracts job number 01-003. Bird: I'll second it. Corrie: Okay. Motion been made and second to approve the bids and budget recommendation rewarding the contracts presented by Kreizenbeck Construction Jnc. for the Mayor to sign and the Clerk to attest. Any further discussion? Okay let the record show that Councilwoman de Weerd has come to the meeting - Bird: Has arrived. Corrie: -- and is going to be involved in the vote, At that point, aU those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Thank you Mike. Bird: Thank you guys. Thanks Russ. McCandless: Thank you very much. Bird: Rob, thank you. Corrie: With that I'll entertain a motion to close the Special Meeting. Bird: So moved. De Weerd: Second. Corrie: Motion made and second to close the Special Meeting at 6:20. All those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, August 8,2001, at 6:30 p.m. City Council Chambers 1. RolI.call Attendance: ~ Tammy de Weerd ;C Ron Anderson Cherie McCandless =:z= Keith Bird (< Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: is-A. f:B. S:c. :J- D. Tabled from July 17, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-O zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: C&-rv-!7?tu..-L fz;- e~.?...(-t? ( Iwf;!- Findings of Fact and Conclusions of Law for Approval: AZ 01. 003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company -- 2420 Ustick Road: 1aUe- ~.l &-2(-(71 /?A/;'- Findings of Fact and Conclusions of Law for Approval: PP 01. 005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: -f7v~ ~( 8-z/-o( a~ Findings of Fact and Conclusions of Law for Approval: CUP 01.006 Request for Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Prjmeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: I fA hi -fal)-C-e~'l P-ZI-~ r;'Z.U Meridian City Council Agenda- August 7, 2001 Page I of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, E. Findings of Facts and Conclusions of Law for Approval: VAR 01..009 Request for a variance to reduce the minimum block length in a proposed R-4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast comer of North Black Cat Road and West Ustick Road: tf?jP(>>'PV'e..- F. Findings of Facts and Conclusions of Law for Approval: AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: ~ ~<- G. Findings of Facts and Conclusions of Law for Approval: PP 01-012 Request for Preliminary Plat approval of 23 building lots and 5 other lots on 8.15 acres in a proposed R4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: 4-f.:Jp7Vv<... Consent to Annexation Agreement: 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place Subdivision by Bunderson-Smith, LLP - west of Eagle Road on McMillan (west of Austin Creek): tf"t/pjJrPf/I.e..- Contract between local 2311 and City of Meridian - Finalize: ann-vv.e.- H. I. 4. Department Reports: A. Public Works Department - Gary Smith: 1. Cherry Lane Baptist Church -- Request to connect to City Water: tJtjJp)-t?V\e t'i.~~J.-....t~ /t::7 /,Ie '#u-f7~ ib l:J Clhj ~!A 2. Idaho Power Company Easement-Approval to bring power into City Well No. 22 site from Stoddard Road: ~rD V'-E::- 3. Ashford Greens No. 5 Drainage Easement On City (Golf course) property: '7e#,{\ nAOZ1rbtrM.. aj?/Jlvv..e..... a-pt97>- /7"' U --,- /" 4. Five Mile Relief Sewer Easement -- Leonard Huskey: ~v-<-- 5. Police Department Property - Pressure Irrigation System to Addendum and Bill of Sale - Murdoch Subdivision NO.2: C?r?'? /<9V<"- B. Planning and Zoning Department - Shari Stiles Meridian City Council Agenda - August 7, 2001 Page 2 of5 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting, 5. 6. 7. 8. 9. 10. 11. 12. 13. ( 1. Application to Ada County for Keltic Heights Subdivision - zone change, sketch plan and Development Agreement for 929 single-family lots, 15 commercial lots, and 585 apartments on 383.81 acres: $!.j2dal..e &1 t&ff/~ (Items Moved from Consent Agenda) Ordinance No. (J ( - 1 z I : RZ 00..009 Request for Rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3rd Street and Fairview Avenue: aj?j?Yv'1Ae.- Ordinance No. tl / - c; 2 2- : 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: Cl-(?pn:wU!:.- Ordinance No. tJ 1- 0/1 Z 3 : RZ 01 ~003 Request for Rezone from R-4 to C-C zones for Partition Specialties, Inc by Ronald and Coleen Schaub -1315 North Meridian Road: ~1I'.e.- Tabled from July 17, 2001: FP 01~007 Request for 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.2 by Briggs Engineering - east of South Stoddard and south of West Overland Road: .,'rLhU.. ~ &--- Z(-tJ1( /vt!-g- Tabled from July 17, 2001: FP 01~011 Request for Final Plat approval of 43 building lots and 5 other lots on 15.87 acres in an R-4 zone for Bear Creek Subdivision No.3 by Briggs Engineering - east of South Stoddard and south of West Overland Road t?&ttee tvrvhl $--Zl-tJ( hl-,y.. Continued Public Hearing from July 17, 2001: AZ 01-008 Request for annexation and zoning of 12.71 acres from R 1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by LC. Development, Inc. - Franklin Road west of Locust Gr,!~e Road: />_ ~ a~frrvv.-e1 -fo ~j?~ h't:,( elL 'trL-4;?jJ77PtY< . Continued Public Hearing from July 17, 2001: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by LC. Development, Inc. - Franklin Road west of Locust Grove Road: _/ ./ r a;:--~ 10 ;.vze-/' arr-e "c{ ,j: <I ei.z :rn..- a--fP/? ro v-.t.L. Continued Public Hearing from July 17, 2001: CUP 01~015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by LC. Development, Inc. - Franklin Road west of Locust Grove Road: afhrv;v(;.Vf f,u fr1-efla-<-e 1/1:.,; c/.l ~ Meridian City Council Agenda - X"ugust 7, 200 I d:,Pj?rP ~ Page 3 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Public Hearing: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with a drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. -1975 East Fairview: Ccr7-lf;htA-t' pin '-T7J ,t?-ZI-ol ht.?-- Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by TJBJ, Inc, - 1975 East Fairview: CCJ"YV"f/hu...& fJlA- Iv $-21--&( Jvvlp- Public Hearing: PFP 01..001 Request for Preliminary/Final plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: il . eif..-r~o/ fo fhe-p a-...e r:P/~.c( el'.f ~ trV~~ Public Hearing: At. 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: / re-h..-onGR- :f:/rv Nl-W jJ fA Public Hearing: VAC 01..001 Request for a vacation of the 20-foot utility easement between lots 1 and 4 of Block 2 of Sue's Subdivision for the construction of a four-plex by Sunrise Engineering - 551 West Idaho Avenue: ~r~'J f.c ~~ ";:/~if ele h"L- t'?1'j?~~ Public Hearing: CUP 01-022 Request for a Conditional Use Permit for the construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision Block 2, Lot 1 by Charles J. Eldredge - 551 West IdahoAven~~ ;h;; ~LjJ~ ;:/~ (cl.f ..f"~~~ Public Hearing: PP 01-013 Request for Preliminary Plat approval of 6 building lots on 1.66 acres in a proposed R-4 zone for proposed The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: a~~JI.,Lo ;r-ef'~ /'/~ ~ c/~ ?-t- q;j?rCl~ CUP 01..023 Request for a Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge Office by Robnett Construction, Inc. - 1380 East Commercial Avenue: a~'1'-f-.o ~jJa-...c ../If;:. s:I C3/..e hn- <<-p/JV'7:1 v~ CUP 01-020 Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV by Gary Bodily - northeast corner of East Overland Road and South Linder Road: a~Y f,7 fk-R-?ez~ ,0/;.: of e/-f.. ~ a~v~ FP 01-012 Request for Final Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.33 acres in a C-G zone for Traveler's Comer by Meridian City Council Agenda - August 7, 200 I Page 4 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Pinnacle Engineers - south of 184, east of South Meridian Road and north of East Overland Road: ajJpe?v-e MYJ..., cCTh-dln W Meridian City Council Agenda - August 7, 200 I Page 5 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting, ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA WednesdaYJ August 8J 2001, 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: 3. Consent Agenda: 5-A. Tabled from July 17J 2001: Findings of Facts and Conclusions of Law for Approval: CU P 01..018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-O zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: Continue to August 21 J 2001 meeting 5~B. Findings of Fact and Conclusions of Law for Approval: AZ 01.. 003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company 2420 Ustick Road: Table until August 21J 2001 Meeting 5-C. Findings of Fact and Conclusions of Law for Approval: PP 01- 005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: Table until August 21 J 2001 Meeting 5-0. Findings of Fact and Conclusions of Law for Approval: CUP 01 ~006 Request for Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Meridian City Council Agenda -August 7,2001 Page 1 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Co. LLP - north of Ustick and east of Ten Mile Roads: Table until August 21, 2001 Meeting E. Findings of Facts and Conclusions of Law for Approval: VAR 01 ~009 Request for a variance to reduce the minimum block length in a proposed R-4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Approve F. Findings of Facts and Conclusions of Law for Approval: AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Approve G. Findings of Facts and Conclusions of Law for Approval: PP 01~012 Request for Preliminary Plat approval of 23 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Approve H. Consent to Annexation Agreement: 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place Subdivision by Bunderson-Smith, LLP - west of Eagle Road on McMillan (west of Austin Creek): Approve I. Contract between local 2311 and City of Meridian - Finalize: Approve 4. Department Reports: A. Public Works Department - Gary Smith: 1. Cherry Lane Baptist Church -- Request to connect to City Water: Approve agreement to be prepared by City Attorney 2. Idaho Power Company Easement Approval to bring power into City Well No. 22 site from Stoddard Road: Approve 3. Ashford Greens No. 5 Drainage Easement On City (Golf course) property: Approve upon ACHD Approval 4. Five Mile Relief Sewer Easement -- Leonard Huskey: Approve Meridian City Council Agenda -August?, 2001 Page 2 of5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. Police Department Property - Pressure Irrigation System to Addendum and Bill of Sale - Murdoch Subdivision NO.2: Approve B. Planning and Zoning Department - Shari Stiles 1. Application to Ada County for Keltic Heights Subdivision - zone change, sketch plan and Development Agreement for 929 single-family lots, 15 commercial lots, and 585 apartments on 383.81 acres: Update of application 5. (Items Moved from Consent Agenda) 6. Ordinance No. 01-921 RZ 00-009 Request for Rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3rd Street and Fairview Avenue: Approve 7. Ordinance No. 01-922 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 8. Ordinance No. 01-923 : RZ 01-003 Request for Rezone from R-4 to C-C zones for Partition Specialties, Inc by Ronald and Coleen Schaub -1315 North Meridian Road: Approve 9. Tabled from July 17, 2001: FP 01-007 Request for 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.2 by Briggs Engineering - east of South Stoddard and south of West Overland Road: Table until August 21,2001 Meeting 10. Tabled from July 17,2001: FP 01..011 Request for Final Plat approval of 43 building lots and 5 other lots on 15.87 acres in an R-4 zone for Bear Creek Subdivision No.3 by Briggs Engineering - east of South Stoddard and south of West Overland Road: Table until August 21, 2001 Meeting 11. Continued Public Hearing from July 17,2001: AZ 01..008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Attorney to prepare Findings of Facts and Conclusions of Law for Approval 12. Conti nued Public Hearing from July 17, 2001: PP 01..009 Request for Preliminary Plat approval of 10 build ing lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Meridian City Council Agenda - August 7,200] Page 3 of5 All materials presented at public meetings shall become property of tile City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. Continued Public Hearing from July 17, 2001: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 14. Public Hearing: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with a drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Continue Public Hearing to August 21, 2001 Meeting 15. Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by TJBJ, Inc. - 1975 East Fairview: Continue Public Hearing to August 21, 2001 Meeting 16. Public Hearing: PFP 01-001 Request for Preliminary/Final plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 17. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Re~notice for new Public Hearing 18. Public Hearing: V AC 01-001 Request for a vacation of the 20-foot utility easement between lots 1 and 4 of Block 2 of Sue's Subdivision for the construction of a four-plex by Sunrise Engineering - 551 West Idaho Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 19. Public Hearing: CUP 01-022 Request for a Conditional Use Permit for the construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision Block 2, Lot 1 by Charles J. Eldredge - 551 West Idaho Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 20. Public Hearing: PP 01-013 Request for Preliminary Plat approval of 6 building lots on 1.66 acres in a proposed R-4 zone for proposed The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Meridian City Council Agenda - August 7,2001 Page 4 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, ( Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval 21. CU P 01-023 Request for a Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge Office by Robnett Construction, Inc. - 1380 East Commercial Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 22. CUP 01-020 Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an l-L zone for Bodily RV by Gary Bodily - northeast corner of East Overland Road and South Linder Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 23. FP 01-012 Request for Final Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.33 acres in a C-G zone for Traveler's Corner by Pinnacle Engineers - south of 184, east of South Meridian Road and north of East Overland Road: Approve with Conditions Meridian City Council Agenda - August 7,2001 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Meridian City Council Meeting August 8. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:35 P.M. on Tuesday, August 8,2001, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, and Keith Bird. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird Corrie: -- 6:35, I'll open the City Council Regular Meeting on Wednesday, August 8, 2001, in the City Council Chambers. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Item No, 2 is adoption of the agenda. Council, we have requests on Items 9 and 10 to be -- the Final Plat approval of Bear Creek Subdivision and also the request for Final Plat approval No. 11 for Bear Creek to be continued until, or tabled until the 21 st of August. Also we got a request to continue the Public Hearing on Item No. 17 request for annexation and zoning for the Podiatry Building by Smith Brighton on east Fairview Avenue. They forgot to post the signs necessary that there was going to be a Public Hearing. Bird: We can't table that to the 1ih, can we? Is that going (inaudible)? Berg: Mr. Mayor, members of the Council that will have to be re-noticed because that's the third leg that the stool stands on for the notification. We'll have to count the days and re-notice it for new Public Hearing. Corrie: Okay. When we come to that one, we'll do that then. So, the public -- anybody who's coming for that Public Hearing that will be redone. Okay, any other agenda changes --? Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I believe on our Consent Agenda which we can either do that now or with the consent. Items A, B, C, and D I don't believe are ready for passage on the Consent Agenda because there's some stuff in the Findings of Facts and Conclusions that we have some questions about. Meridian City Council Meeting August8,2001 Page 2 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: They need to be pulled from the Consent Agenda and added under Item 5 as A, B, C, and D so we can have a little discussion on them. Corrie: All right. Anything else. Okay, hearing none, I'll entertain a motion on the adoption of the agenda as noted. : Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as noted. De Weerd: Second. Corrie: Motion been made and second. All those in favor say aye. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Tabled from July 17, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-O zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: B. Findings of Fact and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company -- 2420 Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: Meridian City Council Meeting August8,2001 Page 3 D. Findings of Fact and Conclusions of Law for Approval; CUP 01 ~006 Request for Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: E. Findings of Facts and Conclusions of Law for Approval: VAR 01 ~009 Request for a variance to reduce the minimum block length in a proposed R-4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc.- southeast corner of North Black Cat Road and West Ustick Road: F. Findings of Facts and Conclusions of Law for Approval: AZ 01..009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: G. Findings of Facts and Conclusions of Law for Approval: PP 01 ~012 Request for Preliminary Plat approval of 23 building lots and 5 other lots on 8.15 acres in a proposed R- 4 zone for proposed Staten Park Subdivision by D'Alessio Building Development, Inc. - southeast corner of North Black Cat Road and West Ustick Road: H. Consent to Annexation Agreement: 55 building lots and 7 other lots on 17.76 acres in an Ada County R4 zone for Edinburgh Place Subdivision by Bunderson-Smith, LLP - west of Eagle Road on McMillan (west of Austin Creek): I. Contract between local 2311 and City of Meridian - Finalize: Corrie: Okay, on the Consent Agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have one question and we should have done this on the adoption. If you'll pardon me, the contract between the local 2311 and the City of Meridian is all okay and everything? Meridian City Council Meeting August8,2001 Page 4 Anderson: Yes, they voted and ratified it I think a week ago. We had a meeting on that final deal and got that taken care of. Bird: Okay. With that Mr. Mayor I move we approve the Consent Agenda with the exceptions of Items A, B, C, and D which have been moved to 5A, 5C, 5B, and 50. Anderson: Second. '-:Corrie: Okay. Motion made and second to approve the Consent Agenda with the removal of Items A, B, C, and 0 from the Consent Agenda to be placed on Item No.5. Any further discussion? Hearing none, roll call vote Mr. Clerk. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 4. Department Reports: A. Public Works Department - Gary Smith: 1. Cherry Lane Baptist Church -- Request to connect to City Water: Corrie: Item NO.4 Department Reports. First will be a Public Works Department Gary Smith. Smith: Thank you Mr. Mayor, Council members. The first item is Cherry Lane Baptist Church request to connect to City water. This church property is located on Ten Mile Road just north of the railroad tracks on the east side of Ten Mile Road. Presently a waterline exists along the east side of Ten Mile that extends along their frontage and under the railroad tracks and services fire flow and domestic use for the storage facility out there on the west side 0 f Ten Mile Road south of the railroad tracks. This proposed use was represented to me to have 600 to 700 members. That's the reason I'm bringing it before you for consideration rather than making the decision on my own, as it's larger than what the ordinance allows me to do. Shari did talk to the church representative. Apparently they are in the process of, have submitted to Ada County for a Conditional Use Permit. They are not contiguous to City property or City limits so therefore cannot be annexed at this time. Obviously if you approve of their connection, there would need to be a Connection Agreement drafted through our City Attorney's office similar to the other agreements that we have entered into with property owners for service outside the City limits. I think that's about the history on the subject. Do you have any questions? Meridian City Council Meeting August 8, 2001 Page 5 Bird: Gary, they just want water at this time? Smith: Yes. Bird: We do have the sewer running - Smith: We don't have sewer out there yet. Bird: We haven't got that down to the storage sheds? Smith: No. Bird: I thought we did down to Stevens. Smith: No sir that's in that Ten Mile Drainage. That comes off the Black Cat Trunk. There's sewer in Ten Mile Road on the north side of the Ten Mile Stub Drain which is just north of Pine, but it's too high. It can't cross the drain and continue on to the south. Anderson: Mr. Mayor. This is probably premature but I just had a question of Shari. I guess I'm kind of thinking that with the new subdivision at Black Cat and Cherry Lane and then with the Fuller Park back there there's a pretty good green belt all the way through that section except for adjacent to the property that this church is going to be. Is that something that, if they're not going to be annexed into the City, is that something that we might be able to work on connecting paved pathway there that would tie that, that would connect Ten Mile all the way to Black Cat Road along the drainage there. (Inaudible discussion amongst Council members) Stiles: The drain that's there is called the Ten Mile Stub Drain. It's not identified in our Comprehensive Plan as a pathway. It kind of (inaudible) there at the park and continues on with Ten Mile Creek and then there's a Ten Mile Stub but the Ten Mile Creek doesn't go through their property. Bird: (Inaudible) it goes right in back of it. Anderson: I thought that went through and came out by Pine. Bird: It does but they don't go that far. (Inaudible discussion amongst Council members) Anderson: Do you have a map in your computer of that area, Shari? Meridian City Council Meeting August8,2001 Page 6 (Inaudible discussion amongst Council members) De Weerd: Where is it? Smith: This church property is just north of the railroad tracks on the east side of Ten Mile. Anderson: (Inaudible) different piece of property. (Inaudible discussion amongst Council members) De Weerd: (Inaudible) go all the way to Pine? Smith: Pardon me? Bird: Does it go all the way to Pine? Smith: No it doesn't. Bird: It's just the south half of that farm there? Smith: Yes. Anderson: Okay, forget that idea. That has nothing to do with this -- slowing things up. Corrie: Okay. Any other discussion on the request? De Weerd: No, I have none. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: What's Gary want us to do pass on it? We have to by Ordinance? Smith: Yes sir, by Ordinance it requires approval. It's beyond my authority. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting August 8, 2001 Page 7 Bird: I would move that we have the attorney draw up the proper papers and permit the Cherry Lane Baptist Church to hook up to City water at the location on Ten Mile Road just north if the railroad tracks on the east side. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Do I hear a second? Anderson: Second. Now we can have discussion. .. De Weerd: Would that include all the recommendations in the letter or memo dated July 20th? Bird: It sure would. De Weerd: Okay. Corrie: Any other discussion? Now this is a land use thing. Mr. Clerk roll call vote please? Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 2. Idaho Power Company Easement Approval to bring power into City Well No. 22 site from Stoddard Road: Smith: Thank you Mr. Mayor and Council. The second item is a request for approval of an easement for Idaho Power to provide underground power service from Stoddard Road into transformer on Well No. 22 site in the Bear Creek Subdivision Park area. Do you have any questions? Corrie: Mrs. de Weerd. De Weerd: Is a standard agreement, Gary? Smith: Yes it is. De Weerd: Okay so the attorney has seen it and have we done it before? Smith: We have done it before and I would assume that the attorney's office has reviewed it. I don't know that for a fact. David's shaking his head. Swartley: Mr. Mayor, Council members. I cannot speak for Bill but I would assume that if it is a standard agreement that he has seen it before. He's pretty thorough. ,_/--... Meridian City Council Meeting August 8, 2001 Page 8 Corrie: Any other questions? Bird: No Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the easement approval with Idaho Power at the City Well No. 22 site on Stoddard Road and for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion been made and second to approve the Power Line Company Easement. Any further discussion? Hearing none, roll calf vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 3. Ashford Greens No. 5 Drainage Easement On City (Golf course) property: Smith: Thank you Mr. Mayor and Council. The next item is the Ashford Greens No.5 Subdivision Drainage Easement. It's on our City property on which the golf course exists right now. At the last Council meeting, the participants in that subject got together and as a result of that ironed out an agreement that City Engineer Brad Watson put into written format, one page written format and sent that to the operators of the golf course. That letter agreeing to the proposal that was put forth by the developer for that storm drainage pond and Jennifer Lovan- Holloway signed that agreement as the manager of the course. A copy of that agreement letter is included in your packet I believe. It was dated August 1st. I guess at this point, everybody is okay with what's being proposed. Brad did tell me a minute ago that he has not heard from, formally from the Ada County Highway District. However they were part of the proposal that was put together. Gary Insulman was in attendance at that meeting. I guess our approval of the whole thing would be conditioned upon ACHD's acceptance of it all. Corrie: Any questions, discussion? Bird: I have none. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meeting August 8, 2001 Page 9 Anderson: I would make a motion then that we approve the Ashford Greens No. 5 Drainage Easement on the City Golf Course property subject to ACHD's approval. McCandless: Second. Corrie: Motion been made and seconded to approve the Drainage Easement on the City Golf Course property dependent on the approval of ACHD. Any further discussion? Hearing none Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES 4. Five Mile Relief Sewer Easement -- Leonard Huskey: Smith: Thank you Mr. Mayor, Council. The next item is an easement need for approval by Council. It's the Five Mile Sewer Line Relief, Five Mile Relief Sewer Line Easement through Mr. Leonard Huskey's property. This will connect the Five Mile Relief sewer line from Bridgetower Subdivision where it exists now to Ten Mile Road and that will allow it to flow on into the plant. This one has been a long time coming in that there was quite a bit of work that had to be done by the attorneys because of numerous family member involvements in the property but, it finally is here. Brad's memo to Mayor Corrie and City Council is the recommendation for the City Council to accept the easement associated with this Five Mile Relief Sewer project and authorize Mayor Corrie to sign and City Clerk to attest. If you have any questions I'm sure Brad can answer them for you. Bird: I have none. Corrie: You lucked out Brad. Hearing none, I will entertain a motion. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I move that we accept the Sewer Easement associated with the Five Mile Relief Sewer project and authorize the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and second to the motion. Any further discussion? Hearing none, roll call vote please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Meridian City Council Meeting August8,2001 Page 1 0 MOTION CARRIED: ALL AYES 5. Police Department Property - Pressure Irrigation System to Addendum and Bill of Sale - Murdoch Subdivision NO.2: Smith: Thank you Mr. Mayor and Council members. The last item I have is an agreement that needs to be signed with the Nampa Meridian Irrigation District and the City of Meridian concerning the pressure irrigation system that exists around the, or in the Murdoch No. 2 Subdivision. The reason for a City involvement is because of the ownership of the ten-acre parcel upon which the , ',Police Department is building their new station. We are signatory to the plat for that subdivision so we are also involved in the ownership of the pressure irrigation system. There's a construction addendum to that system and there's also a bill of sale that signs the system over to, or assigns the system to the Nampa Meridian Irrigation District. Bill has reviewed this. I think the only comment that he had was at one point in here they refer to Murdoch No. 2 as Murdoch No.3. I can't recall exactly where that was but that was his only comment. Corrie: Gary, he did ask that Nampa Meridian Irrigation District not record the documents until (inaudiblE;:!). Did he talk to them or did they agree to that? Is that all right? Smith: I don't know whether he did or not, Mr. Mayor. (Inaudible discussion amongst Council members) Corrie: I can understand why. (Inaudible) any questions of the request? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: That -- for the public record that is on Page 5 Item No. 12, the acreage in that lot and the total in all lots in Murdoch Subdivision No. 3 and that should be changed to No.2? Smith: Yes sir. That's correct. Bird: With that I would approve that we approve this Pressurized Irrigation System Addendum and Bill of Sale of Murdoch Subdivision No. 2 and for the Mayor to sign and the Clerk to attest. McCandless: Second. ( .'-: Meridian City Council Meeting August8,2001 Page 11 Corrie: Motion made and seconded to approve the request by the Mr. Smith on the pressure irrigation system for Murdoch Subdivision NO.2. Any further discussion? Hearing none, Mr. Clerk, roll call vote. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES B. Planning and Zoning Department - Shari Stiles 1. Application to Ada County for Keltic Heights Subdivision - zone change, sketch plan and Development Agreement for 929 single-family lots, 15 commercial lots, and 585 apartments on 383.81 acres: Corrie: Next would be the Planning and Zoning Department Shari Stiles. Stiles: Mr. Mayor and Council. J just wanted you to be aware that Keltic Heights Subdivision has been submitted to Ada County. They have submitted one application for a zoning change and a Development Agreement for 40 acres at the northwest corner of Meridian Road and McMillan. They are really requesting a zone to C2 which would be Community Commercial. They have also submitted an application for 383.81 acres that will include this 929 single-family residential lots and as you can see 585 apartments. I'm still waiting on additional information from the County. We did not get a complete transmittal and are unable to complete our review of it until we get that information. From the 8 and a half by 11 they included it looks like they're proposing a lot of strip commercial along Chinden and Meridian and Linder Road. Plus they intend the entire corner to be the 40 acres to be zoned commercial with no plan what so ever. They are proposing a fire station site but is what they've included in their Development Agreement is that the station would be built by Meridian City within 5 years of the first plat being filed. I would assume they mean it would go away after that. I was wondering if you would like to direct me to have a draft available for you at the first meeting in September, first City Council meeting after we are able to do an analysis with the Comprehensive Plan so that we can get your signatures on that letter to send to the County. The August 23rd date is not going to be met. I was told by Ada County staff today that it would be heard on September 26th. Part of the reason for that of course is because Roger Simmons is not available. I didn't want to copy this entire thing for you. It's a lot of information you probably don't want but we do have -- we'll kind of call this out and give you the meat of it anyway so that you have that in the next week. You can look at that and have comments. We have a meeting next Tuesday? Bird: Workshop. Meridian City Council Meeting August B, 2001 Page 12 Stiles: Hopefully we'll get an update on what this north corridor study is and where that is headed. I just mainly put this on the agenda so you're aware it was submitted and let you know we'll be reviewing that. De Weerd: Mr. Mayor. Stiles: If we could put it on the agenda for September 4th, would be the first Council meeting. Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Shari, I just have a couple of questions. Keltic Heights was in front of us a number of months ago. Is it the same design or have they done some modifications to it? That was the shoestring annexation that came in front of us, wasn't it? Stiles: Yes. De Weerd: Do you know if it's changed much? Stiles: That's what I'm waiting for, is -- all I have right now is an 8 and a half by 11 with shaded areas. I can't even tell where the shading is. It didn't turn out. They're showing commercial on the corner here. It's just a blob concept right now as far as I can tell but if they have some additional information that they have submitted to the County that we can get a hold of, it'll be easier to do a review. De Weerd: It just seems to me, I think that every Council member up here and the Mayor stated when we discussed Bridgetower that anything happening in the north corridor and because of the commitment from all of the agencies involved, Ada County, ACHD and the City of Meridian that entertaining these additional applications at this point seems mute until we see the direction like you had mentioned that we're going with the north corridor planning. We should know more next week but I believe al the agencies are very committed to that process and you know I think looking at applications and maybe that's something we need to find out from the Ada County Commissioners, seems like a waste of our staff time, a waste of their staff time. Actually, a waste of all of our times. Maybe we can get a better idea from Mike next week and have a chance to talk with the Commissioners. I believe we have another north corridor meeting in September, don't we? (Inaudible discussion amongst Council members) Corrie: The 2ih of August. (' Meridian City Council Meeting August 8, 2001 Page 13 De Weerd: That we might be able to get a better idea even at that point. It just seems that these applications are premature and frankly, I personally would hope that any of this kind of activity would be held until we know what's going to happen up there. I thought that was the dedication from the Development Community as well. Stiles: I think that's what everybody would like to happen. Unfortunately we have to process applications that are considered complete in accordance with our Ordinance. Without mentioning the M word, I think that's the course that we .' need to be taking in order to stop the applications from coming in. I don't see any -- De Weerd: That's true. It just seems like a waste of filing fees and processing fees because they sat in that same meeting and nodded their head and you know I thought there was a consensus of where we were going with this. I understand that but you know I hate to see anyone throw money away. Corrie: I do too but we can't control what they do (inaudible). Hopefully they will, this will all work out. (Inaudible). De Weerd: Well, I guess if we have to go through the steps, then yes. Although I would reiterate the message we sent with Bridgetower that we're committed to this north corridor planning and don't expect much I guess. Corrie: Okay. Thanks Shari. Item 5 (Items Moved from Consent Agenda) Item SA. Tabled from July 17J 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01..018 Request for the continuation of a three-year CUP granted in January 1997 for modular buildings in an L-Q zone for the Meridian Assembly of God by Meridian Assembly of God - 1830 North Linder Road: Corrie: Item 5 is the items we moved from the Consent Agenda. Item 3A which is the Meridian Assembly of God. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: In the discussion on recommending approval and requesting findings, the Council at this time discussed if this were to expire again -- I think Shari had put it very nicely, you might suggest verbiage but I think that that needs to be in these findings as far as once this time frame is up that if they Meridian City Council Meeting August8,2001 Page 14 haven't submitted for a CUP on a permanent structure that those would be then removed. I believe that was the discussion. Would you be willing to suggest some verbiage to be added to these findings? Or do you want to think about it? We probably, let's continue these until we get the minutes. Bird: Just exactly what I was going to say. Lets look at the minutes. De Weerd: We can table this until we get the minutes and maybe you can put suggest a statement that we can put into these findings. , "Corrie: We might already have these minutes. Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I would move that we table these until the 21st of August so that we can have the minutes because we cannot change any of these Findings of Facts and Conclusions of Law without back up from the minutes, the actual words coming. We cant be putting phrases of our own in these. No, just the Meridian Assembly of God. (Inaudible discussion amongst Council members) De Weerd: I second. Was that a motion? Bird: Yes. Corrie: Motion made and second to continue to August 21, 2001 to review the minutes. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Item 58. Findings of Fact and Conclusions of Law for Approval: AZ 01 ~ 003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed 8ridgetower Crossing Subdivision by Primeland Development Company -- 2420 Ustick Road: Item 5C. Findings of Fact and Conclusions of Law for Approval: PP 01.. 005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: Meridian City Council Meeting August 8, 2001 Page 15 Item 50. Findings of Fact and Conclusions of Law for Approval: CUP 01-006 Request for Conditional Use Permit for 692 single-family lots, 59 town homes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development, Co. LLP - north of Ustick and east of Ten Mile Roads: Corrie: Okay. Item B was Bridgetower Crossing Subdivision for the request for annexation and zoning No. 003. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: On all three of these items B, C, and D, in reviewing them and again, not having the minutes I do think that on the annexation and zoning on Page 5 and 21 Item A, it goes over kind of -- and this is the verbiage that we asked our City Attorney to help us with. This is in reference to the north corridor planning and any recommendations that might come out of that group that this development would participate in it. As its written it seems like the emphasis is strictly on the transportation component of it and the north corridor planning in the way I'm perceiving it is going to be greater than just transportation issues. I'd like to see if we can make another attempt at writing that section. As well on the request for the Preliminary Plat Page 7, 4A it discusses the stub street to the Anderson property. I don't know if this is stated strongly enough or if it actually some of the discussion clarified this a little bit further so if maybe staff can take a look at the minutes when we get them and see if this is adequate to cover the discussion that we had on that. Also on the Conditional Use Permit Page 6 and 7 has a section in here on pathways and the Five Mile Creek. It's designated as a multiple pathway in the Comprehensive Plan. I'm not really sure what this paragraph is stating but there is a pathway along that and in the first phase we did address that and that the developer needed to participate in it dedicate and develop it. I don't know if this, again adequately covers that condition so if you can please read that and see if that is adequate in what the intent of both our action on phase one and any discussion in this one as well. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I believe that these are Findings of Facts and Conclusions of Law. I think we need to dub off the tapes and I not only want staff to look at and I think our legal people need to. They're the ones writing it and the interpretation, they cant come out of written minutes, they need to look at the, or listen to the tapes I believe. Meridian City Council Meeting August8,2001 Page 16 De Weerd: Also on Page 7 is on Item 9 it talks about the traffic study prepared by Washington Group. I don't know if that's outdated by now. It might have been a condition left from the Planning and Zoning recommendation so if you would look at that. As well on Page 8, Item 17 it talks about extraordinary impact fees by ACHD. That probably needs, the wording needs to be looked at there too. Those are my comments. Corrie: Okay. Any other comments? . (Inaudible discussion amongst Council members) Corrie: I need a motion for the tabling and to a certain time. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we table the findings for the AZ 01-003, PP 01-005 and CUP 01-006 for Sridgetower Crossing Subdivision to August 21, 2001. Bird: Is that it? Second. Corrie: Motion's been made and seconded to table Items B, C, and D of the Consent Agenda until August 21, 2001. Any further discussion. Hearing none, all those in favor say aye. MOTION CARRI ED: ALL AYES Item 6. Ordinance No. RZ 00-009 Request for Rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds by Potter Land Surveying - East 3rd Street and Fairview Avenue: Corrie: Okay. Item NO.6. We have Ordinance No. 01-921 request for rezone of 2.5 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds by Potter Land Surveying, east 3rd Street and Fairview Avenue. At this time, I'll have the City Clerk read Ordinance 01-921 by title only. Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 01-921 an Ordinance finding that Jim and Holly Reed owners of certain real property known as Tranquility Ponds has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8 medium density residential zoning district to C-G, general retail and service commercial district as defined under Meridian City Code section 11-7-2 K, repealing all Ordinances, resolutions, orders, or parts thereof in Meridian City Council Meeting August 8, 2001 Page 17 conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian Idaho. Corrie: You heard the reading of Ordinance No. 01-921 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 01-921. Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I move that we approve Ordinance No. 01-921 the rezone of 2.5 acres from R-8 to C-G for general commercial use for Tranquility Ponds by Potter Land Surveying east 3rd Street and Fairview Avenue with a suspension of rules. De Weerd: Second. Corrie: Motion made and second to have Ordinance No. 01-921 approved with the suspension of rules. Any further discussion? Hearing none, roll call vote Mr. Clerk. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 7. Ordinance No. RZ 01-002 Request for Item Rezone of 0.51 acres from R-4 to L-O for Idaho Banking Company by Idaho Banking Company - 403 West Cherry Lane: Corrie: Item No.7 is the Ordinance No. 01-922. This is a 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. At this time, the Clerk will read Ordinance No. 01-922 by title only. Berg: Thank you Mayor, members of Council. Ordinance No. 01-922 an Ordinance finding that the owner, Idaho Banking Company for certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-4 low density residential zoning district to L-O limited office district as defined under Meridian City Code section 11-7-2 G repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian Idaho. Corrie: Okay. You've heard the reading of the Ordinance 922. [s there anybody in the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on Ordinance 922. Meridian City Council Meeting August8,2001 Page 18 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'd make the motion that we approve Ordinance No. 01-922 a request for rezone of 0.51 acres from R-4 to L-O for Idaho Banking Company and authorize the Mayor to sign, not the Mayor to sign but with suspension of the rules. , "Bird: Second. Corrie: Motion been made and second to approve Ordinance No. 922 with suspension of the rules. Any further discussion? Hearing none, roll call vote please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 8. Ordinance No. RZ 01-003 Request for Rezone from R-4 to C-C zones for Partition Specialties, Inc by Ronald and Coleen Schaub - 1315 North Meridian Road: Corrie: Item NO.8 is Ordinance No. 01-923 request for rezone from R-4 to a C-C zone for Partition Specialties Inc. by Ronald and Coleen Schaub, 1315 North Meridian Road. I'll have the Clerk read by title only on Ordinance 923 please. Berg: Thank you Mr. Mayor, members of Council. Ordinance No. 01-923. An Ordinance finding that Ronald D and Coleen M. Schaub, the owners of certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R- 4 low density residential district zoning district to L-O limited office district as defined under Meridian City Code section 11-7-2 G repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian Idaho. Corrie: You've heard the reading of Ordinance No. 923. Is there anyone in the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on the Ordinance. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Council Meeting Augus18,2001 Page 19 De Weerd: I move that we approve Ordinance No. 01-923 request for rezone from R-4 to C-C zones for Partition Specialists (inaudible) suspension of rules. Bird: Second. Corrie: Motion made and second. Is there further discussion? Hearing none, Mr. Clerk, roll call vote please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. .. MOTION CARRIED: ALL AYES Item 9. Tabled from July 17, 2001: FP 01-007 Request for 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.2 by Briggs Engineering - east of South Stoddard and south of West Overland Road: Item 10. Tabled from July 17,2001: FP 01-011 Request for Final Plat approval of 43 building lots and 5 other lots on 15.87 acres in an R- 4 zone for Bear Creek Subdivision No.3 by Briggs Engineering - east of South Stoddard and south of West Overland Road: Corrie: Item No. 9 and 10 has been requested to have -- to table it until August 21,2001 meeting. With that request in mind, I will entertain a motion. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table Item 9, a request for 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.2 by Briggs Engineering until August 21 T 2001. Also table the request for Final Plat approval of 43 building lots and 5 other lots on 15.87 acres in an R-4 zone for bear Creek Subdivision No.3 by Briggs Engineering until August 21, 2001. Anderson: Second. Corrie: Motion been made and seconded to table 9 and 10 which is Final Plat 01-007 and Final Plat 01-011 until August 21, 2001 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 11. Continued Public Hearing from July 17, 2001: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and Meridian City Council Meeting August 8, 2001 Page 20 RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Item 12. Continued Public Hearing from July 17, 2001: PP 01 -009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: "Item 13. Continued Public Hearing from July 17, 2001: CUP 01..015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C- G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Corrie: Item No. 11 is a Continued Public Hearing from July 17, 2001. This is a request for annexation and zoning of 12.71 acres from R-1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. Franklin Road west of Locust Grove Road. At this time I will open the Continued Public Hearing and staff? Stiles: This was continued to give the applicant the opportunity to work with the Meridian Cemetery Board to see what kind of buffering they could provide adjacent to the cemetery. Also we have not finally addressed the Hunter Lateral to the southern part of the development. Also an issue at the last Public Hearing was the applicant's willingness to participate in some kind of signalization along Franklin for the Fire Station and this crowded road access. I don't know what has come of any of that but hopefully the applicant can address some of those. ***End Of Side One*** Stiles: --it was discussed how they were going to phase this project and whether they would do the commercial or the apartments and the traffic impacts to Franklin as a result of any phasing. Corrie: Let the record show we do have 11,12, and 13 as a Continued Public Hearing on the request for annexation. Also the request for Preliminary Plat and Conditional Use Permit. So, I will continue that public on all three so your testimony will be done on all three if you so desire to be added to the testimony. Is the developer here tonight? Nickels: Mr. Mayor. Shawn Nickel from Land Consultants, 52 Second Street in Eagle. Nice to see you and Council. As Shari stated there was several issues that you wanted us to address for tonight's meeting. I will attempt to address those. One of them was obviously the meeting with the cemetery people to Meridian City Council Meeting August8,2001 Page 21 discuss the landscaping along the western boundary, their eastern boundary. Two gentlemen are here this evening that we met with approximately two weeks ago. We did come to a consensus on how that landscaping should be provided along there. Also fencing and screening. I have a letter that I would like to submit to the Council, signed by both the developer and the Cemetery Board stating those agreed to landscaping. I would also like to submit to staff our revised Landscape Plan that shows what we're wanting to do. Basically what we agreed to do is provide a strip of 6 to 7 foot Australian Pines on the cemetery's property 15 feet beyond our property boundary spacing 20 feet on center. We're also going to have a chain link fence with vinyl slats on the property line. The ,', cemetery will -- we will provide the trees and pay for their installation and the cemetery will maintain the trees with their normal landscaping on their property. We also were discussing the tiling of the Hunter Lateral, if you remember which is on the south boundary of this property. I believe the members of the Cemetery Board would like to discuss that with you. Originally we had asked to allow that to remain as it was and provide a 6-foot chain link fence along our southern boundary on the easement line at which point we would go in and rehabilitate the easement area along the northern boundary of that canal and kind of maintain it as a visual amenity. It wouldn't have direct access from our development. In working with the cemetery people, that is their property that is to the south, kind of that triangle right there that you see south of the canal. They would also like that to remain open because you know they are going to expand their facility in the future. What we have agreed to do, and this is obviously depending on the Council whether they would grant the waiver not to tile the canal. What we would agree to do is to provide a 6-foot chain link fence on the easement line and also have that slatted with the vinyl slats. That's something that the Cemetery Board wanted to see a screen from that as opposed to leaving it as an open fence. Like I said, they're here tonight and they probably would like to discuss that with you so I'll submit this to the Clerk. Thank you. The second issue, or the other issue was regarding the traffic the phasing, the future streetlight and the future widening on Franklin Road. Mr. Pat Doby is here tonight. He's going to get up and kind of explain to you his traffic study, what was submitted and approved by the Highway District. I guess at the request of Council Member Bird, we did sit down and meet with the Highway District after our last meeting to try to get an idea of the timing of that future widening of Franklin Road because it was discussed in our last meeting that they might postpone that for another year to 2004. I have a letter here from Gary Inselman I would like to submit also. They're, I guess their stance on Franklin Road is that they do intend to build that portion of it in the 2003 phasing. In 2004 they'll take the expansion from Locust Grove, either Nola or Locust Grove east to Eagle Road. That's what they're planning on doing in 2004 but they're still saying that 2003 is when they're going to go from either Nola or Locust Grove west to First Street. I also asked them if there was a way we could, without impact fees, if we could dedicate a portion of those to go towards that future light on Stratford and Franklin because I know that was a concern of Council Member Bird's. Basically what they told us is no, the plan for that traffic light is 2003. They're planning on building it at that time. Meridian City Council Meeting August 8, 2001 Page 22 If for some reason, or traffic warrants it before that time, they will look at it independently and they'll make that decision. They didn't really wan tot commit to putting anything towards a traffic light anytime before they were originally planning on building it there. I also have that in a letterform from Mr. Inselman that I'll present to you. I'll let Mr. Doby get up and kind of explain to you the traffic situation out there then I'll come back up and address any questions you may have. Doby: Mr. Mayor, members of Council my name is Pat Doby. My address is 777 (inaudible) Drive. I put together a traffic study for this project, reviewed it with the "Highway District and discussed some of the projections with COMPASS. I want to point out a couple of things, hopefu lIy try to clarify some of the issues that staff has raised. The first one is, you know, can you go back to the 400 scale? Stiles: You want the aerial? Doby: Yes. On Franklin Road at this time, there are about 11,000 vehicle trips per day. It's a two-lane road and there's a certain amount of growth that's occurring in the traffic out there but it's in the 3 to 5 percent per year. Once the road is widened to a five-lane road, COMPASS is projecting that the traffic volume is going to jump to 25,000 vehicles per day. Just an enormous leap in a short period of time. Based upon existing traffic volumes, if you were to add all the site generated traffic which is in the neighborhood of about 1800 new trips per day. Add that new site generated traffic to the existing traffic volume on Franklin Road, you end up with very little delay and you end up with a level of service in the B to C category. When you consider that the road is expanding to a five lane and the traffic volume on Franklin jumps from 11,000 to 25,000, the level of service at the intersection goes up to a level of service F. The change in the service level is a function of the change in the traffic on Franklin Road. It has very little to do with what's coming in or out of the driveways. It's similar to Fairview Avenue. You know Fairview is carrying about 25,000 trips per day and the level of service at anyone of those driveways is level of service F for outbound left turn movements. Those driveways are not the problem. The problem is the traffic volume on the arterial. That traffic volume will materialize when they construct it to a five-lane road. Without the five-lane project, the level of service and the capacity of this intersection is not an issue and is well within accepted standards. In addition, if you look at the roads that exist within the area, the east west road down there Kalispell connects into Adkins and Adkins is now being extended out to Locust Grove Road. There's a construction project in that vicinity right there where the cursor is jumping around. That road link -- the Baltic Apartments tie into that and that road connection out to Locust Grove will provide an alternative in the long term. In the short term there's probably no need for it because the delay and the level of service at the Franklin Road intersection is really not problematic. Once the traffic volumes more than double on Franklin Road, that will provide an alternative corridor and provide the residents of this project an alternative to long traffic delays at that intersection. In Meridian City Council Meeting August 8, 2001 Page 23 addition, ACHD is proposing a new traffic signal at Stratford and a new traffic signal at Locust Grove Road. Those signals will create gaps in this future Franklin Road traffic stream and improve the level of service beyond what was calculated in my study. The Highway District reviewed the study. They did have any problems with what was being proposed. They recognize the dynamics of the traffic flow and the growth projections that occurred in the area. That's why they approved it. I just wanted to give you the bigger picture of what was proposed and why there was such an enormous change in the traffic volumes and why the level of service was projected to be in the up range. I'd be happy to answer questions that you may have concerning this issue. Thank you. Nickel: Mr. Mayor. Shawn Nickel again. Then the last issue was regarding the phasing of the property. As we stated last time, the first phase would be the commercial which is out on Franklin Road. Its anticipated, you know, two to three year build out, possibly four if its going to be market driven obviously on the development. We're anticipating total build out by 2005 and with the road improvements to Franklin by 2003. We don't feel there should be a problem with the phasing of the property and the construction of Franklin Road. Plus we have the Adkins access out to Locust Grove which should be built and completed before we even pull Building Permits or anything on our project. With that, I'll stand for any questions. I don't know if there was anything else that you wanted me to address. Corrie: Council? Bird: I have no questions. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: On that Hunter Lateral, is it tiled to the south of there now? Nickel: Its not. I believe, is it the new Police Station that's south of that, and they did not tile it nor is it tiled through the cemetery right now. Anderson: Well, they're actually going to be on the other side of that road. Nickel: Okay. I didn't know exactly where they were. Anderson: -- Watertower will go straight on through and the Police Department is that triangle that is south of it. Nickel: The only other thing, Mayor and Council members when I spoke last time we had some clarifications on some of the Findings and Facts that I don't know if we need to go through right now or if you want to have discussion on anything Meridian City Council Meeting August 8, 2001 Page 24 else. One of them was our statement on the hours of operation. We agreed with staff that we would not have any 24-hour businesses within the commercial. Also we were in agreement with staff on the parking space modifications and the setback issues as stated by staff. I'll stand for any other questions. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have one more on the phasing. We talked about phasing on the ,', commercial part in the front there but what about on the apartment? Nickel: We're still saying three to four years on the phasing of the entire property. So, total build out of the project by 2005. Anderson: So, we were talking about starting part of the commercial and part of the apartments, or we're starting them all together? Are we starting them separate? Nickel: Probably start in the commercial separate. Then following behind with the apartments but then again that's going to be driven by the need for the apartments. You have approved in the past several new apartment complexes so it'll all be determined on demand. The commercial will start right away. Corrie: Any further questions? Bird: I have none. Nickel: Thank you. Corrie: This is a Continued Public Hearing, are there members of the public who would like to issue testimony at this point? Bird: (Inaudible). Corrie: I was going to suggest -- Bird: Cemetery Board- Corrie: Your approval or what you have (inaudible) Abernathy: Good evening. My name is Kevin Abernathy. I'm the Chairman of the Meridian Cemetery Maintenance District. I would just like to give some quick testimony. We did meet with the developer as previously stated and we found the developer very accommodating. We're very pleased with the plan that we've arrived at. In particular, regarding the Hunter Lateral, we don't see a particular Meridian City Council Meeting August 8, 2001 Page 25 benefit to the cemetery in having that portion of the ditch tiled. As you can tell from the map displayed there, there's a large portion of the lateral that currently is not tiled that is on the center property. Our intent is to leave that in its present state. We consider it an amenity to the cemetery and we would in the future in development of that back property on the southern portion of our property would probably continue to develop that lateral in that same fashion. That's the only testimony I have. Bird: Thank you. . Corrie: Anyone else? Okay, Council, questions, discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: In the letter, you know they stated that the ACHD Commission for financial contribution to the signal. We didn't want that as a requirement. We just wanted them to bring that forward as a gift. I didn't intend that to be any kind of requirement on the development. I just asked them if they would participate if it could get it through earlier. Evidently it isn't going to come through until somebody gets killed out there. Corrie: Any other discussion? Okay. If there's no further discussion, no further input on the Public Hearing, I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Do you want one or all three? Corrie: You can do all three at once. Bird: I would move that we close the Public Hearings for the request for annexation and zoning for 12.71 acres from R-1 to RUT and RUT to C-G and R- 40 zones for the proposed Baltic Place Subdivision by LC Development Incorporated. Also the Public Hearing for the Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in a proposed C-G and R-40 zones for proposed Baltic Place Subdivision. Also the Public Hearing for request Conditional Use Permit for a Planned Unit Development for mixed use, residential, commercial in proposed C-G and R-40 zones for the proposed Baltic Place Subdivision by LC Development. Corrie: Is there a second? Meridian City Council Meeting August8,2001 Page 26 Anderson: Second. Corrie: Okay. Motion has been made and second to close the Public Hearing on Items 11, 12, and 13 request for annexation and zoning for Baltic Place Subdivision, request for Preliminary Plat of Baltic Place Subdivision, and for request for Conditional Use Permit of Baltic Place Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES . Corrie: Council, discussion on the Item 11. We'll take those one at a time, request for annexation and zoning. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I still remain very concerned about having kids near the cemetery with the open water. I guess since it wouldn't be -- if the Cemetery Board feels comfortable with that I don't want to second guess them but having kids and have been a kid a long time ago I know the tendencies and the attraction to water and that sort of thing and certainly the attraction to a cemetery if you live right next to it with all that green space. So, that is a concern. It continues to be a concern with the traffic. Last meeting, we talked about maybe approving the office and delaying the apartments until the roads are improved. I would still I guess like to keep that on the table as something to be discussed or considered, Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have some similar concerns to Tammy's with the cemetery owning the triangular piece to the south of this particular property and the request not to tile the ditch. Realizing that they fully intend to put in a fence, but I know that chain link fences are easily scaled. My concern is with the shape of the property and where the maintenance shop is and stuff like that for the cemetery that makes that piece of property pretty well obscured from sight from the grounds workers doing the maintenance and that kind of stuff back in there. I also think that probably the piece of property to the south and to the east when it does develop will probably get that ditch tiled there. I guess, even though the ditch is open through the cemetery right now, if that could be tiled at least up through their property, then that leaves the remaining open ditch more open and more visible to the workers that might in the cemetery and if somebody was playing in the ditch or somebody accidentally fell in the ditch there would be more chance of them being obseNed. I'm not really in favor of allowing that to be open. Again, I also have the same concerns that Tammy has about the traffic. If Meridian City Council Meeting August 8, 2001 Page 27 Franklin Road were widened at this point, I would be okay with that with traffic lights at Stratford and at Locust Grove. Where they are not at this point, I feel it would be appropriate to maybe do this in phases and do the commercial first and allow that. Then once Franklin is widened to the five lanes, at that point, issue the Building Permits for the apartments. That's kind of the general direction that I'm leaning. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I do not -- the ditch being covered -- I'm not in favor of that at all because we're doing double standards by doing that. That's the same ditch that comes through the Police Department and we didn't require that to be closed. It's the same ditch that runs down by the Fire Station, we didn't have that enclosed. That doesn't phase me. I am like Councilman Anderson. I have a real concern with the traffic if we pour all those 1800 trips days out on the street. I realize that Ada County Highway District says that they're going to widen that part in 2003 or 2004, if I recall it was suppose to be done in 2000 or 99 and originally it keeps getting pushed back. Until that traffic light goes in I would not be in favor at all of doing the whole development. I'm like Councilman Anderson, (inaudible) the commercial is not going to bring in the trips that the deaf. If the developer would like to phase it, I'd certainly entertain that. Corrie: Any other discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: You know just to add one more thing to it, it's not just the traffic with the apartments that I'm concerned about. We have a park that's down the street from it. There will be no sidewalks or anything until those road improvements are done. That also lends to the concern about having the apartments there before the roads are improved. Corrie: Okay. Any further discussion? Hearing none, the first item will be the request for annexation and zoning, AZ 01-008. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like a clarification. I think I understand it now, but I believe that if we want to see it in phasing that we can pass the number 11, 12 and then its in the CUP that we do the phasing. Is that not right? Meridian City Council Meeting August 8, 2001 Page 28 Corrie: That's my -- yes. (Inaudible) with the attorney as well? Swartley: Yes it is Mayor. Bird: Mr. Mayor. I could not find, and I could have missed it but where in the findings and facts is the requirement for enclosing the ditch? De Weerd: In the annexation and zoning, Page 3 Paragraph 4. ,. Bird: I did not see it. De Weerd: It's a recommendation by the Planning and Zoning Commission. Bird: Okay. (Inaudible discussion amongst Council members) Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If we have no more discussion I would move that we approve the request for annexation and zoning of 12.71 acres from R-1 and RUT to C-G and R-40 zones for the proposed Baltic Place Subdivision by LC Development with the requirement for enclosing the Ten Mile, isn't it the Ten Mile? (Inaudible discussion amongst Council members) Bird: Hunter Lateral, taking that requirement out. De Weerd: Second. Corrie: Motion been made and seconded to approve the request for annexation and zoning of Baltic Place Subdivision but removing Item 4 Page 3 and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further discussion? De Weerd: At our last meeting, there was discussion on adding to the list on Page 3, Item 3 of the Planning and Zoning recommendation, adding indoor outdoor entertainment center and planned commercial development to that. Would that be included in your motion? Bird: Yes. That's part of the agreement with these (inaudible). I thought somewhere there was an agreement that they said yes they agreed to that. Meridian City Council Meeting August 8, 2001 Page 29 Corrie: We can just add it to the Findings of Facts and Conclusions of Law? Bird: Yes. Corrie: Okay. Thank you Mrs. de Weerd. Bird: Thank you Tammy. Corrie: Okay. Any other discussion? "Anderson: Mr. Mayor, just a clarification. Were you wanting to exempt the tiling of the Hunter Lateral? Bird: Yes. Anderson: With your motion? Bird: Yes we took that out. De Weerd: That is because they are creating an amenity of the ditch. Bird: Yes. Corrie: Any other discussion or clarity? De Weerd: Just to further clarify, that would be with the fence and the slats? Bird: Yes that's what they sat up here and publicly said. De Weerd: Well, I just wanted clarification. Corrie: Any other discussion? Hearing none, roll call Vote please, Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, naye; Anderson, naye. MOTION TIED: TWO AYES, TWO NAYES Corrie: Okay. That leaves it up to me at that point. Hearing all the Council's (inaudible) J think everybody is probably right. However, I'm going to kind of lean to the fact that the Police Department's not required to do it. I think the cemetery's they have a tendency to have kids. They do climb fences but we cant fence everything out, hopefully that we would like to. I'm going to vote aye and take out the irrigation drainage tiling. Under those conditions then we have approved the request for annexation and zoning with the attorney to draw up the Findings of Facts and Conclusions of Law on that one. Okay. The request for Preliminary Plat. Meridian City Council Meeting August 8, 2001 Page 30 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Before we go further, do the nays want to make any comment on why they voted naye? Was it because of the tiling? Anderson: Yes I already made my comment. , "Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the, I think I understood Shawn to say that he would give a new Preliminary Plat, or is it the Landscape Plan to the staff, the revised landscaping? Or was it the Preliminary Plat? I think it was the landscaping, wasn't it? Stiles: Mr. Nickel did have a copy of the Landscape Plan today. I told him to keep it because the letter explains it sufficiently and they will need to submit a final plan with their final plat. Bird: Okay. Will you put the site back up there with the lots? Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for the proposed Baltic Place Subdivision by LC Development with all staff comments included and for the Attorney to draw up the Findings of Facts and Conclusions of Law. Corrie: Okay. Is there a second to the motion? (Inaudible discussion amongst Council members) Anderson: Mr. Mayor, I'll second it. Corrie: Motion been made and seconded. Any further discussion on the motion for the request for Preliminary Plat? (Inaudible discussion amongst Council members) Bird: Mr. Mayor. Meridian City Council Meeling August 8, 2001 Page 31 Corrie: Mr. Bird. Bird: Can I ask the attorney a question Mr. Mayor? Corrie: Sure. Bird: I'm (inaudible) the whole thing but then when we come to the CUP and want to phase it, we can take lot number 7 out? .' Swartley: Mr. Mayor- Bird: Or do we need to take it out right now? Swartley: Mr. Mayor, Councilman Bird. I think you should take it out right now. Bird: Okay. If my second will withdraw, I'll withdraw my motion and make a new one, with your permission. Anderson: Second agrees. Bird: Mr. Mayor, I would like to change my motion to state that we approve the Preliminary Plat approval of 9 building lots and 3 other lots on 12.71 acres in a proposed C-G and R-40 zone for the proposed Baltic Place Subdivision by LC Development, all staff comments and the lot that we eliminate is shown on their Preliminary Plat as lot No.7. Anderson: Second. Corrie: Motion been made and seconded. Is there any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Would that also include the submitted Landscaping Plan that was submitted today? Bird: That would be the, that will come through the CUP wont it? De Weerd: Well, there is reference to it in these findings and you're taking lot 7 totally out or are you phasing it? Bird: Its not being approved in the Preliminary Plat right now. De Weerd: So, they would have to come through with -- Meridian City Council Meeting Augus18,2001 Page 32 Bird: That will be coming back. De Weerd: Okay. Corrie: Any further discussion? Anderson: I have none. Corrie: Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Corrie: Do you understand Shawn where we are here? Unidentified Speaker: Mr. Mayor, can I ask a question on the clarification? What you ended up here now with is a big hunk of (inaudible). If I can approach, I just want to -- Bird: That's what I was. I thought we took that out in the CUP. (Inaudible discussion amongst Council members) Unidentified Speaker: I apologize I was trying to talk to Lee. I think you may be making a mistake. Corrie: Name please? Bradbury: Steve Bradbury. I'm at 225 North Ninth. I know -- in Boise representing the developer. I'm a little worried about the approach that you're taking. I understand the desire not to approve development for the apartment portion of the project but I think if you guys do what you're about to do and approve a Preliminary Plat but take a lot out, you're going to end up with a big hunk of unplatted ground stuck out there in the middle of your City. I don't think that's what you want. Bird: (Inaudible) split too aren't we? Bradbury: Yes if I had submitted an application that looked like that, I'd get tossed out of here on my ear. I guess what I would like to suggest is maybe a approve the plat and then as a part of the Conditional Use, impose the development limitations that you're talking about. Bird: That's what I thought. Meridian City Council Meeting August 8, 2001 Page 33 Bradbury: I know you guys were talking about it and kind of put on the spot but think we're going to end up in a bigger mess than otherwise. De Weerd: I agree. I asked the question. (Inaudible discussion amongst Council members) Bird: Mr. Mayor. This was the way I thought originally and so sis the attorney. Then we convinced each other that we had to do it this way I guess. I would " ".move that we pull that last voting regarding the request for Preliminary Plat PP 01-0019 and bring it back on the table. (Inaudible discussion amongst Council members) Bird: We have voted but we can bring it back cant we? Anderson: You can rescind it. Bird: Rescind it, that's what I'm - he has to call it. Corrie: Okay, we can rescind the vote or we can -- we need to rescind the vote. Bird: We have to do that don't we Mayor? Each one of us? How do we do it? Corrie: Motion to rescind the vote and then bring it back. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we rescind the vote on PP 01-009, the request for Preliminary approval for 10 building lots and 3 other lots, or actually 9 building lots and 3 other lots as I stated. Anderson: Second. Corrie: Motion made and second to rescind the motion. Any further discussion? All in favor say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Now we need to go back and really (inaudible). Bird: Lets go, see if [ can get it right the first time, or the third. Mr. Mayor. Meridian City Council Meeting August 8, 2001 Page 34 Corrie: Mr. Bird. Bird: I would move that we approve the request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in the proposed C-G and R-40 zones for the proposed Baltic Place Subdivision by LC Development Incorporated and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. 'Corrie: Motion been made and second to approve the Preliminary Plat PP 01- 009 for Baltic Place Subdivision. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRI ED: ALL AYES Corrie: Now, we will do the Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Yes, Mrs. de Weerd. De Weerd: I'll move that we approve CUP 01-015 request for a Conditional Use Permit for a Planned Unit Development for mixed use residential, commercial in proposed C-G and R-40 zones for Baltic Place Subdivision to include all staff comments, to include the new Landscape Plan, to also note the position statement by staff received on July 13lti noting under the Conditional Use recommendation Page 3 Paragraph 6 that the paragraph is replaced with staff comments as they were initially written. Also on Page 3 Paragraph 7 that commercial areas comply with the Landscaping Ordinance and with the corrections as stated. Also the subdivision or the CUP is phased in with the multi family use being allowed only after the improvement of Franklin Road which is lot No, 7 on the Preliminary Plat and to have the Attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Anderson: You need to be more specific when you say improvements to Franklin Road. Just say widening to five lanes. Bird: Do you include the stoplight? De Weerd: That would be included in my recommendation (inaudible) the widening of Franklin Road. Meridian City Council Meeting August 8, 2001 Page 35 (Inaudible discussion amongst Council members) Bird: What about the stoplight? De Weerd: From East First to Eagle with installed stoplights on Stoddard and Locust Grove. (Inaudible discussion amongst Council members) :' Anderson: There's two separate phases on that section. De Weerd: I understand that but it still doesn't (inaudible). Locust Grove doesn't go anywhere north to south so the improvements being made from East First to Eagle unless those are done it doesn't do much of anything. Anderson: I want to make sure that - De Weerd: (Inaudible). Bird: Now is that stated in your motion? De Weerd: Yes. Corrie: We had a second on that. Is there any further discussion or clarification of the motion? (Inaudible discussion amongst Council members) Bird: Mr. Mayor. Corrie: Yes. Bird: I think the build out for Franklin to Eagle to Locust Grove is 2005, they stated right? (Inaudible discussion amongst Council members) Bird: That's the East First to Locust. De Weerd: Then Eagle was 2004. Bird: Even though I second this, I have a real problem with -- my understanding is from Nola to East First and then with the stoplight in there I would have no problem with letting them have their apartment complex. Meridian City Council Meeting August8,2001 Page 36 Anderson: (Inaudible) question. Corrie: Okay, questions been called for. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Corrie: Do we need any clarification? Do you understand where we're going on this right? Do you realize a question had been called for so there's no more . discussion? Item 14. Public Hearing: CUP 01-010 Request for a Conditional Use Permit for a free-standing coffee hut with a drive-thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: Item 15. Public Hearing: VAR 01-008 Request for variance for the reduction of two required parking spaces for Moxie Java by T JBJ, Inc. - 1975 East Fairview: Corrie: Okay. Item No. 14 and 15 is a Public Hearing on Moxie Java. Item 14 is a request for Conditional Use Permit for a free-standing coffee hut with a drive thru in proposed C-G zone and the other is a request for a variance for the reduction of two required parking spaces for Moxie Java on 1975 East Fairview. At this time I will open the Public Hearing on both Item 14 and 15 for Public Hearing. We'll invite the staff comments first. Stiles: Mr. Mayor and Council. This is a new Public Hearing that was opened up due to the fact that apparently an adjacent property owner did not receive the notice and objected to the approval of the Moxie Java. To give you a little bit of history, when the Econo Lube site was approved, they had a requirement for a cross access easement to adjacent properties. When what was formally known as Chelsea Square, now its Elm Place Elm Tree Plaza, that was also a requirement. The Cross Access Agreement was also a requirement. Mr. Bevin had submitted information regarding his attempts to get a cross access easement with the Econo Lube and Schuck's facility and was not successful in getting that Cross Access Easement. The original plan that was submitted for the Moxie Java showed the drive thru coming in on the Econo Lube site -- ***End Of Side Two*** Stiles: -- at their driveway there. Mr. Bevin is not in favor of allowing that to happen for this purpose. The applicant has resubmitted a site plan that would do away with any cross access, have the entrance coming in still at the Schuck's and would propose that the drive-thru vehicles would traverse around the Meridian City Council Meeting August 8, 2001 Page 37 southern boundary of the Econo Lube and Tune and then back out onto Fairview Avenue through the same entrance. While this is not an ideal situation it probably is a better solution than using this Cross Access Easement. The Elm Tree Plaza does have a lot of traffic coming in and out. I do think that the addition of drive-thru traffic from a Moxie Java or any similar type facility would be very detrimental to their site. Since the first Public Hearing, we have gone out, the staff has gone out and looked at the function of this driveways and the parking area. We don't believe that it will work to have the drive thru traffic going through that site. This is what the applicant has come up with to get out of that cross access requirement. Again, its not the ideal situation but it is an alternative , ..to consider. Also as part of this, they are asking for a reduction of the two required parking spaces. Staff would support this as long as this remains an Econo Lube and Tune. If this changes in the future to another use, we may need to revisit whether the variance is appropriate, particularly if as the adjacent property owner alleges they are already having people park in their parking lot for the uses over here. With that, I'll turn it over to the applicant and he can answer any questions you may have and have the public be able to testify on this matter. Thank you. Corrie: Any questions of staff at this point? Is the applicant here this evening? The applicant is not here this evening? De Weerd: I have a question for staff then. Corrie: Okay, Mrs. de Weerd. De Weerd: How were they blocking that access off so that there was no cross access and how are they going to direct traffic around and behind their building? Do you know? Stiles: I don't know how they're proposing to do that. Some people may try to just flip a u-turn and turn it around right there. I know that Mr. Bevin had stated that he's -- and he's here tonight to testify. He had put some barricades up in this area previously and apparently they were removed by either Econo Lube or Schuck's. I'm not sure who might have removed them. They're not up now that I'm aware of. I don't know how you dictate to the traveling public what they might try to do. I mean, it might be that some of them will come in here and since this is such an open area here, they'll probably just try to flip around here and come back out. I certainly wouldn't go all the way around this building to try- (Inaudible discussion amongst Council members) Stiles: They'll turn around right in here. Anderson: Mr. Mayor. Meridian City Council Meeting August 8, 2001 Page 38 Corrie: Mr. Anderson. Anderson: I did have one more question for you Shari. I remember originally we had turned down a drive thru at the Moxie Java across the street at the Fred Meyer facility over there. I was curious, is this the same owner? I mean did they come across the street to try to create a drive thru over here? Stiles: Yes and they've also submitted another application for this - Anderson: I saw that. Thank you. Corrie: Public testimony. Is there anyone form the public who would like to testify? Bevin: My name is Tom Bevin, 4202 North (inaudible) Boise. I'm the Manager and one of the owners of Elm Tree Plaza the property that doesn't have the cross access. I'm a little confused, should I be commenting -- I don't particularly like this idea either because I think they will do the u-turn and try to come back out. I think you'd bottle neck at the Fairview entry. Although that's not our property, so I guess its not up to us. What I'm concerned about mostly, if you -- if I can just leave the microphone point -- (Inaudible discussion amongst Council members) Bevin: What I'm concerned about mostly is here is the entry into the building for the cars. There are garages here and garages here. If these guys come in here and they're pulling cars in and out of here, they're going to be blocked off here. Then what they have to do is try to u-turn in this smaller area and try to come back through. So what you're creating at 8:00 in the morning when is the highest coffee use and 5:00 when they're coming home but 8:00 is really the prime time for coffee drinkers coming in to get a cup of coffee. That's when this is the busiest here, 8:00 in the morning. These people are coming in and they're just getting started so if you go over there at 8:00 in the morning and you look at Econo Lube's traffic or how they run their business 8:00 in the morning is probably the time they're the busiest here, getting cars in for the first set. So, maybe all four or five doors are busy at 8:00 in the morning where during the rest of the day it's intermittent. I think it's a poor idea because of the prime traffic flow and the prime time that they would be using it. I think, they're right, that they would see this commotion here. They would try to make a u-turn here or they might try to come through here but this would be blocked off. We barricaded this once and they took it down, actually we barricaded it twice and they took it down. Frankly, as you see in our letter, we try to get this cross access to go through. I know you folks wanted it we wanted it. Our lender wanted it but they just refused to give it to us. I even have a letter from their attorney, the Econo Lube Attorney telling them that he thought it was a bad idea that they would put all those stipulations in because he said in his letter that we would just turn around and Meridian City Council Meeting August 8, 2001 Page 39 make him do the same thing they made us do. He thought it was a bad idea. I could not convince the lawyer from Schuck's to sign a simple cross access agreement. She wanted us to come to here with any new tenants, any new sign, any new anything, we had to come get here approval. She lives in Texas somewhere. That's very difficult. You know, we're trying to be good neighbors. They took it down and we never really said anything because frankly it does flow better if it's open. You know we tried to do what we could with them and they just wouldn't budge. Econo Lube frankly was on our side. They agreed. As a matter of fact we hired their attorney to take Schuck's who owns the property and I said could you write this where they would approve it because we tried once and they .. said no. So, he tried and they said no to him too. I don't know what else to say about the cross access. We just went ahead and barricaded it. Our lender said either have to have a cross access or you have to barricade it. To get the loan approved we just barricaded it. That's the reason there's no cross access and I guess that's the reason why I don't like this plan either. This is open and I think it causes a problem in here at the busiest time for Econo Lube. Any questions? Anderson: I did have one question. I guess that's your neighbor and you're familiar. Their drive-thru traffic at Econo Lube, when they're lubing the cars, they come from the back into the building or do they go from the front? Bevin: They come mostly from the front. The main traffic flow - the office is up here so when you come in here to do a lube, you come in here and you go into the office and you park usually here or sometimes in our lot. They come in here and talk to the office then they get an appointment. Then sometimes they bring it back here and here the doors come in this way, this way and this way so this is a heavily used corridor here because once they have an appointment, there's only one door, or I believe there's two doors here. I'm not exactly sure. Maybe there's even three but they come through here and they also have doors back here. This is a, becomes a main corridor, especially at 8:00 in the morning when they're just getting started. Bird: Don't they drive in the back there and come- Bevin: They can. Bird: When you're finished you drive through the door and don't you come out the front when you're finished with the lube job? Bevin: Yes, when they come through here but on these doors here, these three places here, they back out. Bird: They back out? Bevin: Yes when they're here they drive out through the front. I might also note this is a dirt road here. This isn't even paved back in here so they can't really go Meridian City Council Meeting August8,2001 Page 40 out that way. They could but most people wouldn't. They would come back this way. Any further questions? Bird: I have none. De Weerd: No. Thank you. Bevin: Thank you very much. Corrie: Would anyone else like to issue testimony? (Inaudible discussion amongst Council members) Irons: My name is Robert Irons. (Inaudible) just across the street (inaudible). I want to address the request for a variance on the reduction of the two required parking spaces. I suppose I should be more addressing the Moxie Java but what my concern is that the two required parking spaces might be the disabled access parking spaces they want to get rid of. Corrie: I don't think they're allowed to but, Shari. Stiles: Mr. Mayor and Council. They would still have to meet the Americans with Disabilities Act for the parking spaces and for the handicapped accessible and the van accessible space. Irons: I just wanted to address my concern about that. Bird: Thank you. Corrie: Thank you. Okay, Council any discussion for the Public Hearing? Bird: I have none Mayor. Corrie: Then I will entertain a motion then to close the Public Hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Can we do both at the same time? Corrie: Both at the same time. Bird: I would move that we close the Public Hearing on the request for a Conditional Use Permit for a freestanding coffee hut with a drive-thru in a Meridian City Council Meeting August8,2001 Page 41 proposed C-G zone for proposed Moxie Java by T JBJ Incorporated at 1975 East Fairview Meridian Idaho. Also to close the Public Hearing for the request for variance for the reduction of two required parking spaces for Moxie Java by T JBJ Incorporated at 1975 East Fairview Meridian Idaho. Anderson: Second. Corrie Okay. Motions been made and second to close the Public Hearing on Item 14 and 15 as the motion stated. . De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: In the past, we've delayed action when the applicant hasn't been here. I'm not really sure why he isn't if he's out of town but, we've always kind of given at least one opportunity for the applicant to be able to respond. I feel closing the Public Hearing at this time would not allow the applicant to respond and taking action at this time without that response seems to be against our past actions. I would like to see this stay open and continue. I don't like to continue but this is what we've always done in the past. Bird: Yes, but this is why its-- excuse me, Mr. Mayor. Corrie: Mr, Bird. Bird: This is why it was continued last time. How many times are -- De Weerd: (Inaudible) he was notified? (Inaudible discussion amongst Council members) Bird: I don't know but if he was -- it's not a person, it's a company and they've got more than one representative to come represent themselves. Anderson: They have a letter requesting that it be continued. (Inaudible discussion amongst Council members) Bird: Where's the letter at? Anderson: Second page of the request for variance. (Inaudible discussion amongst Council members) Bird: With the second's permission I withdraw my motion. Meridian City Council Meeting August8,2001 Page 42 Corrie: I assume that not being able to be here on the 7th was also (inaudible). Anderson: Requested (inaudible). Corrie: Okay. The second has rescinded the first (inaudible). Anderson: Well, I'm not sure it rescinded. Corrie: I'm sorry. Anderson: I had a question of our Legal Counsel then. If I don't rescind, I'm going to go ahead and close the Public Hearing. They could read the comments in the minutes and then the applicant, would he have a chance to just discuss anything at the next meeting? I didn't think he would. Swartley: Mr. Mayor and Councilman Anderson no, not without the hearing being re-opened. No, he would not. (Inaudible discussion amongst Council members) Anderson: I guess in fairness to the applicant I would rescind my second. Bird: And I rescind the motion. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearings to August 21, 2001 for the request for a Conditional Use Permit for a freestanding coffee hut with drive- thru in a proposed C-G zone for proposed Moxie Java by T JB Incorporated and the request for variance for the reduction of 2 required parking spaces by Moxie Java by T JBJ Incorporated at 1975 East Fairview Meridian Idaho. De Weerd: Second. Corrie: Motion made and second to continue the Public Hearing on Items 14 and 15 until August 21, 2001. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES De Weerd: Mr. Mayor. /. ( Meridian City Council Meeting August 8, 2001 Page 43 Corrie: Mrs. de Weerd. De Weerd: Can we make sure that the applicant is called and informed that the Public Hearing will be on the 21 st and not the 20th? Berg: Mr. Mayor, I'll make sure that gets done. We did call the applicant on August 3rd to remind him of the meeting, but that's just our standard procedure. Corrie: Did they answer the phone? Berg: I couldn't tell you who answered the phone or if there was a message (inaudible) but it was documented that we called on August 3rd. De Weerd: Thank you. Item 16. Public Hearing: PFP 01-001 Request for Preliminary/Final plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for proposed Seven Gates Industrial Subdivision by Dakota Company - southwest corner of Commercial and Machine Avenue, east of Nola Road: Corrie: Okay moving on to Item 16 then. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I talked with the attorney prior to the beginning of our meeting. I believe I have a conflict of interest with this item. I would like to remove myself from this item. Corrie: It's up to the Council. Bird: Should we make her give us the reason? Anderson: Can we have your reason for it? (Inaudible discussion amongst Council members) Bird: I have no problem with her stepping down. I don't care. Anderson: No we'll probably make a lot quicker decision. Bird: Yes. Meridian City Council Meeting August 8, 2001 Page 44 (Inaudible discussion amongst Council members) Corrie: This is a Public Hearing for Preliminary Plat approval for 4 building lots and 4.9 acres on proposed I-L zone for Seven Gates Industrial Subdivision by Dakota Company. At this point, I'll open the Public Hearing on Item 16 and have staff comments first. . Stiles: Mr. Mayor and Council. This is for a project that you had previously approved with conditions in the past. They have now come back with another application to comply with the existing Landscaping Ordinance and Parking ,"Ordinance. I did have -- I am opposed to something in the recommendation to the City Council which would be on Page 3, Paragraph 4. We did receive a Position Statement from the applicant's representative that agrees with the recommendation of Planning and Zoning Commission to approve a waiver. I'm not really sure what the waiver would be for. The City Council cannot approve a waive for an illegal use of the property. I am not in favor of allowing 6 months after they get the plat signed to finally remove the illegal use. In fact, I'm not in favor of even approving the plat until the illegal use is removed. As far as the storage, obviously, they are going to have to get rid of the storage before they can start building on the site. Also the issue with the storage is that the area is extensively utilized by outdoor storage. There's RVs and there's semis. There are a lot of things that are not permitted as part of the Ordinance and they are parking on unpaved surfaces. They are parking and storing items in the handicap parking stalls. The on street parking is probably not as much of a problem today at it will when this road actually connects through to Eagle Road. I would proceed that at that time we would probably need to consider no parking, no on street parking particularly at the end of this existing street. You can see some of the storage they are using now in existing parking areas, loading areas. Their trash receptacle is not enclosed. This is how they are using the empty lot now. They are proposing adding another building on this proposed lot. They would need to bond for all of the required, provide a letter of credit or cash for all of the required landscaping for the area. They are also proposing that the drainage for all four lots would be located in this area. The recommendation from Planning and Zoning Commission was that they include that note on the plat and come up with a method of maintaining that, an agreement among all four lots. That is the approval, meaning the signature on the Final Plat by the City Engineer can be delayed until the minimum, the illegal office building is removed. We would recommend that all other staff and agency conditions be included as part of any approval. They have also submitted a Position Statement regarding Condition 1.10 on Page 4. If there is not a Latecomer's Agreement or fees in place for this area, obviously they will not be subject to that but if there is a Latecomer's Agreement with the development, they will need to pay the appropriate fees. We do not agree with removal of that requirement either. Thank you. ( Meridian City Council Meeting August 8, 2001 Page 45 Corrie: Since this is a Public Hearing, there will be the representative for the applicant. Paulson: Thank you. I'm John Paulson with the Dakota Company, here representing Seven Gates Properties, an LLC. Thank you very much. As Shari indicated this is essentially the same application that was presented and approved over a year ago. The exception is that the Landscape Ordinance has now been set in place and landscaping has been modified. If I could step over to the podium for a moment. The reason for the change is that currently there are three lots. Three buildings are located on those three lots but two of the buildings are overlapping existing property lines. So, part of this is to clean up where the buildings are so that they fit on lots and to create a fourth lot. The fourth lot would be one building, built to move -- there's a Truck Maintenance Building that's behind the existing moving company. They are the ones that have I believe the temporary office behind the building. Move the truck maintenance into this building. The moving company would then take over the entire building No.3. The storage containers that are currently stacked outside then could be stored inside. The Landscaping Ordinance is updated. Previously, as I understand the applicant was opposed to the landscaping and appealed that. This plan reflects the new landscape requirements. There is a two inch caliber tree that's placed every 35 feet across the back of the property, additional landscaping on what would be the building 4 on that lot. Parking would also be improved primarily through marking parking spaces and utilizing the parking spaces. Chem Lawn is currently occupying this building. They have 36 company vehicles of which 30 are parked inside of the building. They require, with those 30 spaces a total of 59 spaces. The parking on that lot plus the 30 inside the building would provide 89 spaces. Cross Parking Agreements would occur all across the property. Total spaces that would be provided on all four lots would be 223 parking spaces and spaces required are 117. I'd be happy to answer any questions from you. Maybe I should add the two items that Shari mentioned on the Position Statement. I thought they should be brought up just for clarification tonight. The applicant really has no opposition other than the comment regarding the Latecomer's fee. His comment was we were the first ones in. Do we get the Latecomer's fee for people that come in if there's a Latecomer's fee at this point? That's not a big deal. We brought it up for clarification. The waiver condition that was discussed at the Planning and Zoning meeting. Here again, it's a chicken and an egg situation of moving everything off the property to get the plat signed and then moving it back at some time. Or working with everyone to build the new building and move all of these items off of the property. Part of that one item that was suggested at the P&Z meeting was just getting a letter of credit from a local bank. We'll look for you for guidance there. Corrie: Any questions? Bird: I have none Mayor. Meridian City Council Meeting August8,2001 Page 46 Corrie: Would anyone else from the public like to issue testimony at this time? Questions from Council? Bird: Mr. Mayor. I have a question for Shari. How did that temporary office get back there? Stiles: No, they just put it up. They've been told, the Building Inspector's been out, the Fire Chiefs been out, or the Ex-Fire Marshal has been out there and they don't care what the City thinks. Bird: As I recall, Shari, there was also some landscape problems pertaining to in front of the existing buildings or something. Wasn't there something regarding th at? Stiles: They do not meet the Landscape Ordinance in their proposed plan. They are proposing only to meet the Landscape Ordinance for the new lot. To meet the Landscape Ordinance for the other three lots they would have to dig up asphalt and remove some of the parking. It would be a 1 Q-foot minimum landscape strip there. I don't know, I would doubt if they even meet, have two or three feet right now. Most of the landscaping is in within the right of way. Bird: The third question is, is inside parking that isn't public still counted as parking spaces? Stiles: I suppose it could be. Bird: I'm just asking for clarification myself. Stiles: It's off street parking. If they're using it inside a building it really doesn't matter. Corrie: Any other questions? (Inaudible discussion amongst Council members) Paulson: One of the items in the Zoning Ordinance is for providing spaces for company owned vehicles. Those are the spaces that are inside the building. Bird: I didn't have no problem with it. I was just asking for clarification if we did John. Corrie: The only thing I'm thinking is they're ignoring everything that we asked them to do before. Why would they not do it again? Any ideas? Meridian City Council Meeting August 8,2001 Page 47 Paulson: In the pre-application meeting that Larry Durkin and I had with Steve Siddoway, one of the main issues was the landscaping because that, as we understand was a big issue when it was approved a year ago. Then the applicant appealed the decision. We walked the site with Steve, went through all of what was across the back of the property, along the sides, existing trees. With the trees that Steve asked that we place a tree every 35 feet, a 2 inch caliber tree across the back of the property. That's bring a total of 51 trees on the property, new and existing. Steve was not concerned about the landscaping across the front of the building. He understood that that was a concern but he said in the overall scheme of things that would be approved and to add the , "Iandscaping to the new lot. That's how that was developed. Corrie: How do you propose if you're in the right-of-way? How are you going to cover that? Paulson: As I understand there is curb work all along the street right now. This landscaping as I understand has been there for quite some time. That was the reason that Steve said it would suffice. My understanding also is that the property was acquired, apparently through an exchange with the City of Boise at some point and time. That's how the applicant or the owners came into being with that property. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I've got a question for Mr. Paulson. Dakota Development, who you're representing in this deal, has enough power within this ownership or however you want to do it. If we allow that temporary office to stay which shouldn't be out there to start with. It has not been removed, and that goes back on us. We should have taken care of that. Do you have the power that once that's built that you can get that out or are you just here representing the owner to get it through in front of the City Council? Paulson: We're here representing the owner but we also have a power of-- Bird: You or Larry could either one sign and guarantee us that once that new building is up, the next day that old one goes away? Paulson: We have no objection if you make it a requirement now to take it out. Bird: To get it out right now? Paulson: Correct, if it's illegal. We are trying to work through with the Planning and Zoning. As I said the chicken and the egg situation of working through the process. ( Meridian City Council Meeting August 8, 2001 Page 48 Bird: I know definitely that you guys, on your developments do not do that. Paulson: That's correct. Bird: I mean you don't have something illegal sitting out there. We have done everything. This is I think the third or fourth time that Councilman Anderson and I have heard this application. Paulson: I'm being real kind when I say that there are problems out there but "they can be cleaned up. With a new building being built and the truck maintenance being moved into the building, the truck storage that's over on -- apparently there are more than just the tenants in the buildings that are using that fourth lot or that unoccupied lot right now. Putting that building up and creating all of that parking will be a big help in getting that storage containers from the moving company into the building. Bird: But, Mr. Paulson, that's what I'm trying to get at is are you and Larry involved enough to see that this stuff -- evidently our conditions and stuff have not been lived to within this group of four. Even though we pass this with conditions and stuff like that, it seems to you know once its passed it seems to go away. Are you in a position to make sure that these conditions are lived with? Paulson: I believe we are, yes. Bird: Okay. That's alii need. Corrie: Do you have anything to say Shari (inaudible)? Stiles: Again, I'm just a proponent of you don't reward people with additional approvals when they're not complying to begin with. We've run into enforcement problems all the time when that happens. You can see in the photograph, this is the building. It doesn't meet fire code. It doesn't meet building code. It hasn't received approval of any kind. I think it should be removed and the illegal storage and parking on unimproved surfaces should be removed. (Inaudible discussion amongst Council members) Corrie: Okay. Any other discussion? Bird: I have none Mr. Mayor. Corrie: Okay then do you feel comfortable closing the Public Hearing? Anderson: Mr. Mayor. Meridian City Council Meeting August8,2001 Page 49 Corrie: Mr. Anderson. Anderson: I'd make the motion that we close the Public Hearing. Bird: I second it. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Corrie: Okay, discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have no problem giving them a chance along as Larry has assured me the deal but I do have a problem with that No.4 in the recommendation. I think that it should completely go because I'm not in favor of turning one piece of dirt out there until that property is brought up to its proper land use. Its proper land use is not that on site office building. Anderson: Do you mean all of four or just the bold part of four? Bird: I beg your pardon? Anderson: When you say NO.4 do you mean all of it? Bird: I mean all of it. Anderson: Or just the bolded part? Bird: All of it. I don't want to see a thing done as far as adding a building or anything out there until that existing property is brought up to the conditions its suppose to be under right now. The biggest one of that is that office building out there as I understand. Corrie: Okay. Bird: That is what I'm asking. Anderson: Doesn't the first part of NO.4 do exactly what you want to do? Bird: No because that's the Final Plat. They can be doing some stuff. I don't want them to do a thing out there until that brought up to condition. Meridian City Council Meeting August8,2001 Page 50 Anderson: What about prior to signature on the Preliminary Plat? Stiles: That's fine with us. Bird: Why not just eliminate it and get it brought up to code, to what its - Anderson: They eliminate it. Bird: --of what it was designed to do. Corrie: Okay, you eliminate it and bring it up to code before the Preliminary Plat is signed. Any other discussion? Bird: No more. Corrie: Hearing nothing, I'll entertain a motion. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Preliminary/Final Plat approval of 4 building lots on 4.94 acres in a proposed I-L zone for the proposed Seven Gates Industrial Subdivision, southwest corner of Commercial Machine Avenue, east of Nola Road with on the recommendation to City Council from planning and zoning that item NO.4 on Page 3 completely be eliminated and that the existing building and lots be brought up to the proper legal land that they are working under now before anything is done. McCandless: Second. Corrie: Motion to approve the Preliminary Plat for the 4 building lots requested on 4.94 acres in a proposed I-L zone be approved with elimination of Item 4 on the recommendation to the City Council and that all codes be brought up to - Bird: Land Use Codes. Corrie: Land Use Codes and for the attorney to draw up the proper order. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, excused absent; McCandless, aye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED ( Meridian City Council Meeting August 8, 2001 Page 51 (Councilwoman de Weerd returns) Item 17. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R 1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Corrie: Okay. Item No. 17 was a Public Hearing for zoning of .99 acres from R-1 to C-G zones for Podiatry Building has been requested to be continued until the August 21st meeting of this year. I will open the Public Hearing at this point. , ': Berg: Mr. Mayor and members of the Council. My understanding is that the property was not noticed properly, which gets us into the situation again that it needs to be re-noticed. You can't continue the hearing because one of the requirements was not followed through. We will re-notice this and put it on the agenda according to the time frame that is required. Corrie: Okay. Anderson: Then we need to - Corrie: Then we need to -- Berg: I would recommend that you just remove it off the agenda. Corrie: Just take it off the agenda and remove it? Okay, I'll entertain a motion to remove Item No. 17 from the agenda. Anderson: Second. Corrie: Motion made and seconded to remove Item No. 127 AZ 01-010 from the agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Would you allow us to have a little break? Corrie: Sure. Come back at 5 after 9:00? Bird: It'll be fine with me. Corrie: About a 10 minute break. Meridian City Council Meeting August 8,2001 Page 52 RECONVENED AT 9:10 P.M. Item 18. Public Hearing: VAC 01-001 Request for a vacation of the 20- foot utility easement between lots 1 and 4 of Block 2 of Sue's Subdivision for the construction of a four-plex by Sunrise Engineering - 551 West Idaho Avenue: Item 19. Public Hearing: CUP 01-022 Request for a Conditional Use Permit for the construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision Block 2, Lot 1 by Charles J. Eldredge - 551 West Idaho Avenue: Corrie: Item No. 18 is a Public Hearing request for vacation, the 20 foot utility easement between lots 1 and 4 in block 2 of Sue's Subdivision for construction of a four-plex by Sunrise Engineering 551 West Idaho Avenue. At this time I will open the Public Hearing. I apologize for chewing up candy here. Staff comments first. Stiles: Mr. Mayor and Council this is for a project that was previously approved with duplexes on 2 of the lots. The applicant is now proposing to construct a four-plex on one of the lots and to vacate the 20-foot easement between those lots. They will also be doing a lot line adjustment so they can meet the setback requirements of the zone. This lot is not built on at this time. This lot has an existing duplex. This is where Idaho dead-ends. There's a narrow strip of land between this development and what is known as Seaberry Subdivision. The applicant can meet al of the Ordinance requirements with the lot liner adjustment. We will ask for the relinquishment of easement approval -- ***End Of Side Three*** Stiles: -- prior to the final approval. This would be the main driveway that comes into the development. These other lots are completely built out. They are proposing with the four-plex they would have parking in front of the buildings. Each one of them would also -- each unit would also have a single car garage. They would continue the landscaping and the drainage area in this location as part of the development. This would be the view of the building from the common driveway going into the site. I believe this would be the view from the Idaho Street side. This would be the western elevation. Staff would recommend approval with all staff and agency conditions. Thank you. Corrie: Let the records show that I'm going to open the Public Hearing on both 18 and 19 at one time for testimony. Applicant? Eldridge: Mr. Mayor, members of the Council my name is Charles Eldridge. I'm with Specialty homes and I live at 2716 Pine Flats here in Meridian. We are Meridian City Council Meeting August 8, 2001 Page 53 proposing to build this four-plex on the lot that is just to the north of the existing duplex that we built about three months ago. We're primarily basing our comments on the recommendation from the Planning and Zoning Commission and also dealing with the Planning and Zoning staff and their recommendations. We feel we're going to be placing an aesthetically pleasing structure to add to the surrounding area where there is a lot of existing run down structures. This will be new and have vinyl siding and, brick, architectural roofing shingles, that of a nice building. I'm a homebuilder by trade. It's hard to do shoddy work. We have received approvals from the required agencies as far as site requirements go. We contacted the Idaho Power, Intermountain Gas and et cetera of those : '. agencies. We've had our Engineer do all the calculations as far as drainage and he has sent memos and been in correspondence with Brad Watson who is the City Engineer as well. He has verified completion in the Planning and Zoning requirements Item No. 3 which is to do the drainage study. We have also, like I said we built a duplex on the existing lot to the south. Its the only duplex that's amongst right now there's five other four lexes within the probably acre and a half area. We made sure that the R-15 developing, the zoning that we met the zoning specifications for the size of lot and the conditions that we're on. That's all I'd like to -- if you have any questions I'd be happy to answer them. Corrie: You said on the recommendations on your Conditional Use Permit? Eldridge: Yes. Corrie: Do you agree with (inaudible)? Questions from Council? Bird: I have none, Mayor. Corrie: Would anyone else from the public like to issue testimony? Hanson: Good evening. My name is Steve Hanson I live at 2121 Harrison Boulevard. I am the landowner, builder owner on the other four parcels in Sue's Subdivision. I guess my testimony this morning is also part of, or this evening is also a question. That is what was wrong, what did you do wrong when you approved this the first time with these two sites being duplexes? Obviously someone made a mistake. Just a little over a year ago, the Council here and staff approved Sue's Subdivision based upon a Comprehensive Use of the entire parcel, not just this one site, being four four-plexes and 2 duplexes. The staff for some reason at that point believed that with the acreage involved that you could not have 6 four-plexes or 5 four-plexes and 1 duplex. That was one of the things that attracted me to the parcel of property initially was that this Council and this staff recommended and approved the use of this entire subdivision for 4 four- plexes and 2 duplexes. One of the nice things about that is there is some additional space available on these parcel. There was never any question then or now that a four-plex would fit here. That wasn't part of the issue. If you go back a couple of slides when she shows the frontage roads you'll see my units Meridian City Council Meeting August8,2001 Page 54 across the street. Shari can you do that? Maybe she can call that up as we talk. These parcels here with the attractive mailboxes and the landscaping are mine. One of the nice things about it and I noticed this just this evening, there is quite a bit of landscaped area with all the parcels that I built. I was just down there this evening prior to coming to this meeting. There were kids out playing in the grass and enjoying the neighborhood. That is one of the things that attracted me to this, 4 four-plexes and 2 duplexes. Those sites there have additional spaces between them that will also be enjoyed by the tenants. Conversely if we put another four-plex there, we're going to eat up additional land that wasn't part of the original approval of the entire subdivision by this Council. It also puts " additional pressure on the private road that I now maintain and own a part of. It puts additional pressure on the trash collection, the parking, and the street use everything gets burdened. In this case it goes up by 100 percent from two to four people, or tenants. So, I guess as a question to the Council is what mistake did you make before? You looked at it as an entire parcel, Sue's Subdivision 6 lots. Now to come back and say oh, we have one left and a four-plex would fit, I think is very erroneous. How can you micromanage an individual parcel without taking into account the comprehensive that you've decided on yourselves just a little over a year ago. I'm definitely not in favor of this. I think it diminishes the value of the parcels that I own as well as the duplex that's already built by increasing the traffic and the load that's on the private driveway that's there. It creates higher density and -- I just am surprised that we would be back here just a little over a year after you already platted this. I wish that you would obviously disapprove this proposal and stick with your original recommendation and approval that was not given that long ago. I appreciate your time. Corrie: Anyone else to issue testimony? No further testimony, do you want to answer any questions? Eldridge: Do you want me to rebut? Corrie: Yes, you had the last one. Eldridge: We realize that this was approved as a unit development originally and for this purpose we came in and we had dealt with the staff over a period of about six months in trying to put this through. One of the main reasons that we now are facing having to go with a four-plex as well is because, number one if we were to do a double car -- correct me if I'm wrong but the Zoning Ordinance says now that we have to have a double car for a duplex. I believe that's right. Now it wouldn't fit on that lot as it is anyways. That's part of the reason we want to go for a four-plex as well. Then as far as the parking area, we didn't -- we've supplied more parking then is across the street in the other units as well. We could eliminate that but we wanted to provide for Mr. Hanson so he could not be too busy on his street. We have gotten the approvals from Ada County and that's in the package as far as the street size and traffic and things. We went through Ada County and did that but we did add, you know we could put in a little Meridian City Council Meeting August8,2001 Page 55 more landscaping but we'd rather have that additional parking spot. We did want to put in -- in landscaping we did want to put in this extra buffer. We had originally another parking spot next to Idaho Street but we decided to put in this buffer right there to make it more aesthetically pleasing and to provide an area for kids on the grass and things. This island in the middle of the two driveways, we could have made a parking spot as well, down a little further. Right there but right now that's a grass and park area as well. That's part of the reasoning we're going with the four-plex as well. Obviously it makes better sense economically to do that and it meets all the requirements of the area and the zoning and the impact. Also we are intending to provide pressurized irrigation which was a ,: requirement on the previous development but Mr. Hanson did not provide that. Once again we're back to the issue of do we reward someone for not following the rules? (Inaudible discussion amongst Council members) Bird: Just a second. Corrie: That's enough. Eldridge: It costs us -- I don't want to argue but it cost us a lot of money to put in pressurized irrigation on the existing duplex that we purchased because it wasn't put in originally. So, we complied with all the requirements and we're going to have that. I'm trying to address everything that's there. Thank you. Any questions? Corrie: Council, any questions? Bird: I have none, Mayor. Corrie: Thank you. Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: I have a question for staff then. I'll bring it up. On the original passing of this subdivision was pressurized irrigation a condition? Stiles: Mr. Mayor and Council, Councilman Bird I believe it was a condition. It seems to me Nampa Meridian indicated there was not surface water available to the site. For that reason it was not required. There was a ditch there but apparently the flow was not there to support any kind of pressurized system. That's my recollection. Maybe Gary could -- (Inaudible discussion amongst Council members) Meridian City Council Meelinl,j August 8, 2001 Page 56 Bird: Is that what it is? {Inaudible) do you want to recognize him again? Corrie: I don't know. No further testimony but if you could answer the question then (inaudible). Hanson: Yes, I can clarify two things. One is I bought-- Bird: Just a second. . ,Corrie: Come up here and your name again. Hanson: Steve Hanson. I purchased the parcel as a fully recorded and approved plat so I had nothing to do with the pressurized irrigation. That was done by the owner who developed the land and sold it to me. My putting it in or not putting it in is totally irrelevant and there's no, you know why reward someone for not doing something. It was approved by the City without the irrigation. The prior owner who purchased it and developed the property paid about a 7,500 dollars, some kind of well redevelopment fee or something that allowed them to go ahead and waive the pressurized irrigation and to use the City water. They worked through Shari on that. That was all, again prior to final approval and recording by this Council before I even purchased the property. Bird: Okay. Corrie: Thank you. Bird: That's all we need now. Mr. Mayor. Corrie: Yes. Bird: I've got another question now. Then when Mr. Eldridge came in and bought the other and stuff, was that a requirement for him to put in pressurized irrigation? Stiles: I don't believe it was a requirement that we put on them. It may have been something that they desired to do for their own purpose. Bird: Okay. That's all I'm asking. Stiles: Part of the problem with this subdivision someone came in, got all the approvals and then immediately started selling off pieces of it. This was a continual -- there are many, many issues involved with this development. Unfortunately Mr. Hanson was the recipient of a lot of problems when he did purchase his part of it. (' Meridian City Council Meeting August8,2001 Page 57 Bird: Okay. Mr. Mayor, would you allow Mr. Eldridge to answer that? Corrie: Yes, that's fine. (Inaudible). Eldridge: I shouldn't say it was pressurized irrigation. It was a system that they had adapted off from City water to service. As a requirement, the owner of that parcel, as it was explained to me by the Building Department before we could get an Occupancy Permit on our duplex on that side of the street we had to obtain the irrigation for that side. Originally, in the notes, I have in my notes on the minutes they verified that they would supply the irrigation to that side of the .", street. Well, they didn't and we in turn had to pay for that. I apologize I didn't mean to say it was pressurized but it was a City system that yes, they did pay for. He paid for an additional well or something like that. Bird: He paid a well fee he didn't pay for an additional well. They're a little bit more than what he paid. Eldridge: That was the situation. They just didn't pipe it over so (inaudible). Bird: Once your pressurized system is hooked to the City? Eldridge: Right, its not pressurized irrigation its pressurized water. Bird: Okay, that what I thought. That clarifies it thank you. Corrie: Any further discussion? Bird: I have none Mayor. Corrie: I'll entertain a motion then for the Public Hearing on Item 18 and 19 to be closed if you so desire. McCandless: So moved. Bird: Second. Corrie: Motion made and second to close the Public Hearing on Item 18 and 19 vacation and also a Conditional Use Permit. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council, discussion on the two requests? Hearing no discussion, I'll start with the request for a vacation of the 20-foot utility easement between lots one and 4 of block 2 of Sue's Subdivision. ( Meridian City Council Meeting August8,2001 Page 58 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the request for vacation of . the 20-foot utility easements between lots 1 and 4 in block 2 of Sue's Subdivision for the construction of a four-plex by Sunrise Engineering. McCandless: Second. "Corrie: Motion made and seconded to approve the request for vacation. 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 Corrie: Item No. 19 was a Public Hearing, excuse me it's a request for a Conditional Use Permit for the construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision block 2 lot 1. Any discussion? De Weerd: I have none. Bird: I have none Mayor. Corrie: I'll entertain a motion for the Conditional Use Permit. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Conditional Use Permit 01-022 request for a Conditional Use Permit for construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision block 2 lot 1 by Charles Eldridge. McCandless: Second. Corrie: Motion been made to approve the request for Conditional Use Permit and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 20. Public Hearing: PP 01-013 Request for Preliminary Plat approval of 6 building lots on 1.66 acres in a proposed R-4 zone for {' \ Meridian City Council Meeting Augus18,2001 Page 59 proposed The Lakes at Cherry Lane No. 10 by Steiner Development, Inc. - west and north of West Harbor Point Drive, North Miranda Avenue and West Teter Street: Corrie: Item No. 20 is a Public Hearing request for Preliminary Plat approval of 6 building lots on 1.66 acres in a proposed R-4 zone for the proposed Lakes at Cherry Lane NO.1 0 by Steiner Development Company. De Weerd: Mr. Mayor. '. Corrie: Mrs. de Weerd. De Weerd: I need to excuse myself from this. (Inaudible discussion amongst Council members) Corrie: Okay. I would at this point excuse the Council lady de Weerd with Council's approval of course. Okay, Public Hearing and 1'1] open the Public Hearing at this time and request staff comments first. Stiles: Mr. Mayor and Council this is for a plat that was previously approved. This was involved in the land swap with the golf course property and also included the Eight Mile Lateral Easement area on the south side of the road. The lots are, a lot of them have already received Building Permits. Homes have been built on them. What this plat does is actually add one lot that didn't meet the minimum requirements for square footage. I believe its this lot right here. All the services are in. The road is built. Any landscaping that they would have been required to have has been completed. It does make these much more desirable lots as you can see the area that was added to the subdivision. We did receive a letter from the applicant's representative today and he wanted some clarification. A lot of the comments that we had both site specific and general are comments that we have for every development. We don't expect anything above and beyond what is normally required for the development. Eight Mile Lateral was not being required to be piped at this time. It was not required to be piped as part of the original development. As far as the clarification, the Eight Mile Lateral would not be piped. They do have 5-foot sidewalks throughout the development already. There's no flood plain in this plat. Basically, they will be submitting a street name approval letter to approve of the new subdivision name. The landscaping is complete. We would recommend approval with all staff and agency conditions with the exceptions I've outlined. Corrie: Okay thank you. Any questions of staff? Stiles: You could approve it all except for this one lot right here. Meridian City Council Meeting August 8, 2001 Page 60 Corrie: Do I know that? We wont go there. Okay, is the applicant here this evening? The applicant is not here this evening so would anybody like to enter testimony on this Public Hearing request for Preliminary Plat, the 6 building lots? Stiles: Mr. Mayor. Corrie: Yes, Ma'am. Stiles: The applicant did, the representative did want to know if he needed to be here tonight. Gary and I both saw no reason that they needed to be here. Its , "just pretty much cleaning up what we've hashed and rehashed over the last few months. That's why the applicant's representative is not here tonight. Corrie: Again, I'll ask is there anyone here who wants to testify? Hearing none, I guess, with that explanation the Council can close the Public Hearing if they so desire. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for the Preliminary Plat approval of 6 building lots on 1.66 acres in an R-4 zone for the proposed the Lakes at Cherry Lane No. 10 by Steiner Development Company. Anderson: Second. Corrie: Motion made and seconded to close the Public Hearing on Item No. 20, PP 01-013. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE EXCUSED ABSENT Corrie: Any discussion? Hearing none, I'll entertain a motion then on the request for Preliminary Plat. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the request for Preliminary Plat approval of 6 building lots on 1 .66 acres in a proposed R-4 zone for the proposed The Lakes at Cherry Lane No. 10 by Steiner Development west and north of West Harbor Point Drive, North Miranda Avenue and West teeter Street and incorporate staff comments and have the City Attorney draw up the appropriate Findings of Facts and Conclusions of Law. Meridian City Council Meeting August 8, 2001 Page 61 Bird: Second. Corrie: Motion made and seconded for the approval, staff comments and the attorney to draw up the proper papers and orders. Any further discussion? Hearing none, roll call vote Mr. Clerk. Roll Call: Bird, aye; De Weerd, excused absent; McCandless, aye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED (Councilwoman de Weerd returns) Item 21. CUP 01-023 Request for a Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge Office by Robnett Construction, Inc. - 1380 East Commercial Avenue: Corrie: Item 21 is a request for Conditional Use Permit for the construction of a metal warehouse with an office in an I-L for High Bridge Office by Robnett Construction Inc 1380 East Commercial Avenue. Staff comments first. Stiles: Mr. Mayor and Council this is actually a Conditional Use Permit for construction within the flood plain. The applicant was aware we were trying to work through revisions to our Ordinance to deal with that issue but they didn't want to wait until that might have been actually resolved at Council level. So, we would recommend approval for construction of a metal warehouse with an office in a flood plain with all staff and agency conditions. Corrie: Is the applicant here tonight? No Council, any questions? Bird: I have none Mayor. Corrie: Hearing that, I'll entertain a motion then for the Conditional Use Permit request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge Office by Robnett Construction, 1380 East Commercial Avenue, for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order with staff comments and agency comments. Meridian City Council Meeting August 8, 2001 Page 62 Corrie: Okay, do I hear a second? De Weerd: Second. Corrie: Motion made and second to approve the request for Conditional Use Permit No. 01-023 and for the Attorney to draw up the Findings of Facts and Conclusions of Law including staff comments. Any further comments? All in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 22. CUP 01-020 Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV by Gary Bodily - northeast corner of East Overland Road and South Linder Road: Corrie: Item No. 22 is a request for Conditional Use Permit to develop a 2,500 square foot sales building for a recreational vehicle sales lot in an I-L zone by Bodily RV by Gary Bodily northeast corner of East Overland Road and South Linder Road. Staff comments. Stiles: Mr. Mayor and Council. This is for the property located on the northeast corner of Overland Road and Linder, where Linder would actually have the overpass in the future. This was the site that was formerly being used for both concrete products and at one time a gravel pit. This would be western electronics down in this location here. Currently there's no sewer or water to the site. The property has been annexed into the City of Meridian. That was done many years ago. I think that the main thing that may not be worked out at this time would be the issue of fire suppression and the applicant's representative is here tonight. She may be able to shed some more light on what they may have come up with as possible solutions to the fire flow requirements. There were, I believe three different scenarios discussed. One of them would be to extend the water down Overland and even when they did that they would not be able to meet fire flow requirements so they would be required to build a booster station. Also there was a possibility of some very large tanks, underground tanks. I believe the cost for that was estimated to actually exceed the cost of extending the water and providing the booster station. Again, Ana Powell is here tonight and she can address any discussions she may have had with Joe Silva. Kenny Bower's Fire Chief is here tonight but doesn't indicate that they had any meetings or any discussions regarding that issue. They would be providing the entryway corridor landscaping on Overland and 1-84. The recommendation from Planning and Zoning Commission was to wait until the overpass was actually constructed to do the landscaping adjacent to the roadway. The recommendation was to give them six months from the time that roadway was constructed to complete the landscaping. There is a drain that runs through the property known as the Hardin Drain. I can't recall whether they were piping that or were requesting a waiver of i. Meridian City Council Meeting August8,2001 Page 63 that. Again, Ana can address that issue. They will be paving the vehicle display area and all parking areas. The property to the west is in agricultural use. This would be where Linder enters the site. As you may recall, the yours previously were operating this site, the Best Western concrete site. Just about anything they do to this site is going to be a major improvement. They had what they thought was a berm there but I don't think its ever had any water to it and any vegetation that's there is dead. Bird: Except for the weeds. , ',Stiles: Except for the weeds. There are pretty significant topography issues with this site. Of course this is quite a whole. This is where the gravel extraction had taken place previously. There's quite a ridge here. They're proposing that the sales office would be closer to the freeway to take advantage of the exposure and also to have their display area adjacent to the freeway. Provided the fire issues and the provision of septic is approve by the City Council, we would recommend approval with all staff and agency conditions. Corrie: Did I hear you say correctly, there was no water to this place? Stiles: There is none. Corrie: Okay. Thank you. Is the representative of the applicant here tonight? Powell: My name is Ana Powell. I work for B and A Engineers, 5505 West Franklin Road in Boise. I'm here representing Mr. Bodily. Forgive me I didn't have my laser pointer today so we're going to go for the low-tech route here. I did want to go over just a couple features so we know a little more detail of what we're talking about. The green areas are landscaped area. The others will be maintained weed free and we'll put in a planting there. The green area was the most heavily landscaped area is. The driveway comes up and then we have just vehicle parking here with some RV parking as necessary. Then this is for customers, customer RV parking. This would be the display area throughout here. We do have four landscaped islands. There's the proposed office. Here's the Hardin Drain. It would be left untiled. They asked that we not tile that. We don't plan on relocating it at this point. If something happens where they need to move it, all they've said is we give them a new easement so that's not a problem. As you can see Mr. Bodily doesn't intend to heavily develop the site. There's a lot of open area that we can work with so we're not worried about cramming things on or fitting things on there. There's room to maneuver. One thing I did want to point out, right along here would be the so-called existing berm. That becomes part of the future right of way as well as here where you have the future right-of-way for Linder and then it bows out as you get to where the freeway over crossing would be so he's giving quite a bit of land to ACHD for future road expansion. This is the new landscape berm which would have water to it and actual plants. { I,; Meridian City Council Meeting August 8, 2001 Page 64 /' ( Anderson: What's proposed for all the rest of that area just weeds? Powell: No, it would be drought tolerant ground cover that would be maintained but it wouldn't be sod per say. I did want to make that clear but it would be not weeds. It would be maintained. Obviously Mr. Bodily doesn't want a weed patch as you come to buy his expensive RVs. He would be maintaining that. De Weerd: So, you would level the berm and put plantings there? , "Powell: Yes the existing berm would be completely removed. That was an issue. The reason I specifically wanted to bring that up is because there is one opposition comment in the -- one person did sign up for opposition at the Planning and Zoning. He was opposed to that berm staying is what he was opposed to. As soon as it was clear that that berm was going he actually stated that he was in favor of the application. The development of the site does require quite a bit of re-contouring and the grading plans would take some time to prepare and also to implement. [bring that up because it gets to the question of the fire suppression. From the Planning and Zoning Commission there was basically, Shari said three options. The third option was that we wait for Well No. 22 to come online. It was presumed at that time there would be sufficient capacity although they're not quite sure if that will be the case. We feel that, that's likely. I know the City is being cautious in making any promises but we feel that that's likely. By the time that the re-contouring of the site gets done we should have some idea as to what's going on with Well No. 22 and Bear Creek. So, we have not made additional phone calls to the Fire Department or to the Engineering Department to work on that issue. We're kind of taking a little bit of a wait and see on that one assuming that we get the -- it'll take at least two to three months just to get the work done on moving all that dirt back around and taking care of all the scarring that's occurred there. We did agree to all the conditions of approval that were in there. I wanted to commend staff on all the issue where we had problems, particularly the fire and the sewer coming at a later time. We will eventually hook into sewer when its available but the septic will just be an interim one. All the conditions of approval were worded really well so that it was clear what the City wanted but still gave us flexibility to do what we needed to do now. I did want to thank staff for that. Basically that's all I wanted to talk about tonight and I'll stand for questions. Anderson: What did you call it again? Ground tolerant? Powell: Drought tolerant ground cover. Anderson: Drought tolerant. That's what I'm going to tell my wife (inaudible). Powell: Usually they're a fescue or something like that. I think they had in mind some other, perhaps a flax type plant that would thrive there. ( Meridian City Council Meeting August 8, 2001 Page 65 Anderson: So what's your contingency if the water supply is not there? Powell: We'll probably go, we'll have to go with the tanks because its my understanding Mr. Smith wasn't too excited about having a booster pump on the water. We'll bring water to the site for the office use. It's just a question whether it will have sufficient flows to serve for the fire hydrant. We're bringing water to the site regardless. It's just whether that water can be used for fire suppression. If it cant we're really just, the only other option is really the tanks. There's a lot of room to do that so we haven't been too worried. As I said it's not really . constrained as far as having room to maneuver or put things in or move septic tanks or create ponds, or whatever may need be done. We have high hopes for Well No. 22. Corrie: What are you doing for sewer? Powell: It will be an interim septic tank. When sewer comes to the -- the sewer actually comes from the east or from the top, or from the west from the top. Once it gets there, we've got a set period of time to bring it through the property and connect to it so we'll probably do a dry line and then just tap in when we extend that. Anderson: Is this property in the City or its contiguous? Powell: It's currently in the City. It was annexed a number of years ago. De Weerd: How could we annex in without providing services to it? I guess that is my question. Anderson: We didn't do it. It was before our time. Bird: It was long before our time. Smith: Mayor and Council. It was annexed in the early 80's and Williamson was one of the property owners out there. I can't remember the exact name of it but anyway. This property was annexed during that time that 180 acres that Van Auker owned and some other property owners along the north side of Franklin was annexed at the same time. There was a lot of property annexed. Services were not provided. We have, in conjunction with Ana's comment about high hopes. We have high hopes for Well No. 22 also. We should be getting some test pump data by, not this coming Monday but a week from this coming Monday. They're developing the well next week. The cable (inaudible) is supposedly out there right now and they should be developing it. One thing that we're going to have to be cautious about is that we have a development to the east of this one. That's that Western Electronics Development Park. We also have all of Bear Creek Subdivision and Observation Point Subdivision on Amity Road east of Meridian City Council Meeting August 8, 2001 Page 66 Meridian all are in the high-pressure zone, all within service area of this well. So we're going to have to take a close look at development and particularly the fire flow as Ana said. That's the critical element for all of this development is fire flow demand. Corrie: Gary, for my own question. When all this land was annexed did we have the Ordinance that required water to and through those properties? Was it that (inaudible)? Do you remember? Smith: The only Ordinance Mayor that I can remember and I'm not even sure if it . 'was in existence at that time is that anytime property is within 300 feet of a City sewer or water main they're required to connect. Our policy has been on development that when the development occurs, the developer is required to extend the sewer and water to and through the property when development occurs but I don't think anything has been tied to annexation for extension of services. Although its -- Shari was just saying that Van Auker's annexation there was a condition that they were to find out or they were to determine how the property was to be served by sewer and water. I don't recall on this one if that was a cond ition or not. Corrie: Okay. Any other questions, Council? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: How does this differ from the application that came through last year for another RV park in providing services and why is staff recommending this when they didn't recommend the other one? Stiles: (Inaudible). The Maple Grove RV proposal, they were not meeting any ordinances and were not proposing extending any water to the site. Every condition we had they were opposed to. They didn't want to meet any Ordinance at all. I think they worked with us real well trying to figure out what they can do and what they cant do. They are bringing water to the site. They're doing whatever they need to do to meet fire flow requirements and Uniform Fire Code, Uniform Building Code. What they're proposing is going to be a vast improvement over what's there presently. I guess those all factored into our recommendation. From where we started out on this project and what we've ended up with has been a great improvement. I mean, of course nobody wants to spend a lot of money on paving or landscaping or anything else. Mr. Bodily would have liked to get away with less but realized in order to get our support he was going to have to meet our ordinance and to address our concerns with the site. I did want to ask one more thing of Ona. In the past, we've had an injunction on this property due to the gravel extraction and it was related to removing the hill that provided some kind of a buffer to the properties to the south, the noise of Meridian City Council Meeting August8,2001 Page 67 the freeway. Is that being addressed in the grading plan? How are they going to try to maintain some kind of separation because once that hill starts being removed, the noise is greatly increased there? Are they working with the neighbors somehow or keeping that in mind as they are doing the grading plan? Powell: Well, the site right now basically goes like this and then it shoots down and comes back up. The concept right now is pretty much to scrape from one end and to do the fill. Otherwise it would be too much fill to bring in to the site. There is the berm out in front but -- "***End Of Side Four*** Powell: Shari has talked with one of our project designers more than I have about this issue perhaps but there will be some buffering. He's going to have RVs against there which is going to bounce back the sound quite a bit. From an aesthetic standpoint it would be hard to say that the RVs were worse than what is out there. I don't know if its necessarily better but it couldn't be any worse. It should bounce back that sound still. Metal's good for bouncing back, it doesn't absorb it as much as dirt does but it will bounce it back onto the freeway. I'm sure he's going to have them toward the front rather than filed behind one another. Stiles: Thanks. Anderson: Where's (inaudible) the sewer crossing here? Stiles: Pardon? Anderson: Where's the closest sewer crossing? Where's the closest sewer service available to this? Stiles: Sewer will have to come from the Ten Mile Interchange area and be bored under the freeway to access this, the Black Cat Trunk. Corrie: That could be quite a few years. Stiles: Or not. Anderson: I have a question for Kenny. Are underground tanks -- is that something that you're agreeable to doing? Bowers: Mayor Corrie, City Council Members, and Councilman Anderson. We have never done underground tanks before. There aren't any underground tanks in our District so we really haven't worked with them before. We thought that this would be one way to get water to this location. What we're really concerned about is they've got 30 or 40 RVs parked right up next to each other and we ( Meridian City Council Meeting August 8, 2001 Page 68 could get several of them on fire at one time. They do, do some maintenance work on them, repair work on them too so that's what we were concerned about. Ron to really say that we haven't had any experience with tanks in the ground but that's probably about the only way we're going to get water to this or a pond out in this area. Bird: Mr. Mayor. Corrie: Mr. Bird. . Bird: They're bringtng water into the building and they do repair within. They do have a repair shop if it's going to be like the one they're moving from. Is that not right? Powell: My understanding is that this is strictly a sales office at this time. They do have another lot, a storage lot and there's discussion of having a repair shop in later phases but we understand that we would have to come back in for another Cu. but at this point I think we're strictly talking a sales lot. Bird: See, I'm thinking about if you sprinkle it. Are you going to have the water pressure for your sprinklers? In a repair shop you can, you know you're talking about gas fire and stuff like that. That's my one concern. Bowers: I don't think they can be doing too much in a 2,000 square foot building. (Inaudible). Bird: No, that's true. Bowers: I guess mostly that would be sales, Councilman Bird from what I understand. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Shari does the parking areas conform to the landscape and parking requ irements? Stiles: Mr. Mayor and Council, Councilwoman de Weerd. I think that there are some different requirements for an actual sales lot, that they don't have to meet that every 12 spaces. It would be almost impossible to maneuver the vehicles through there. For the parking lot, the actual off street parking area which is right in here, they would meet the landscape requirements and they do have extensive perimeter landscaping there. So, I guess yes we did believe it met the Landscape Ordinance. When they're pulling in those big vehicles, it's just not a typical parking lot. It's a display area and they do have, you can see the planters t Meridian City Council Meeting August8,2001 Page 69 that they do have within the development. The way the Ordinance reads its more than 12 parking spaces and they don't have that. These are not more than 12 parking spaces here. They would have more than that here but again its not really a parking lot, it's a display area. (Inaudible discussion amongst Council members) Corrie: Shari, (inaudible). What is this, where the parking lot is, come down with your arrow, down there where they're parking with the office? That right there. What's that? Stiles: This would be the sales office. This is the actual building. Powell: Mr. Mayor. Here's the sales office right here. This was a drainage swale. Corrie: Okay, thank you. Powell: This could also be converted to a pond if we decide to go with the pond system for the fire suppression that would be (inaudible). Bird: Also, didn't you tell us that parking into that swale there is where the people that bring in motor homes to be appraised trade in do whatever, that's where they park? Powell: Right. Corrie: All right. Powell: This is the drainage and this is the office right there. Corrie: I was going to say that's an odd shape building. (Inaudible discussion amongst Council members) Powell: Mr. Mayor. Corrie: Yes. Powell: May I make one comment regarding septic? I know it was a concern of yours. It's a 2500 square foot sales office but the actual amount of sewage generated by the site should be rather minimal. Its not as if they have cooking going on or washing clothes or running baths or things like that. The amount of actual sewage should be fairly minimal. ! Meridian City Council Meeting August 8, 2001 Page 70 Corrie: Okay. (Inaudible) you have a lot of trailers there and a lot of people there you're going to have a couple of bathrooms at least. Powell: There will be a couple of bathrooms probably or one. Corrie: Okay any questions? Shari, do you have a question? Stiles: I just had one more comment to make. I'm not sure whether it was included in the recommendation. Mr. Bodily is aware that he cant have any use of that property south of where the ridge is, where the existing gravel pit area is, . that he cant be parking vehicles in there or using that for any kind of parking area? Powell: Correct. He would only park, I'm sorry. Mr. Mayor Mr. Bodily understands that he would only be parking in the designated parking areas and the display area. He also understands that those need to be paved. Originally we had proposed some gravel area but he knows they need to be paved. He's actually been very good about working with the conditions of approval. De Weerd: How will that unimproved area be maintained? Powell: The brown areas on here? De Weerd: Yes. Powell: It will be in a drought tolerant groundcover just to keep the weeds down. That will be fairly low maintenance so it wont be sod but it will be free of weeds. (Inaudible discussion amongst Council members) Corrie: Any further questions? Bird: I have none Mayor. Corrie: Thank you. Powell: Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Gary, how often do we propose septic in the City limits? Has it been done before? I understand that this is not something that, this is probably something that was annexed into the City long before most of us were born, no. ( Meridian City Council Meeting August 8,2001 Page 71 (Inaudible discussion amongst Council members) De Weerd: I understand that we have an obligation since it is annexed in but is this a typical type of compromise to be made? Smith: Mayor and Council, Councilwoman de Weerd. I think probably in this case it's a compromise that's reasonable just based on the fact that it is annexed City limit property, that the sewer is so far away for gravity service, that to serve it with sewer otherwise would require a pump station, pumping it into a drainage area we don't want to pump into. As Ana said, the sewage use is probably going ,.' to be very small. De Weerd: I guess my only concern is you know that this is setting a precedence and we need to be prepared for that. Smith: I think -- I believe I heard her say that they're willing and able to make provisions to connect to City sewer in the future when it's available. In fact, even made a comment about constructing dry line, dry sewer line at this time. I guess weighing all those factors on one hand against installation of the septic tank I think it's a reasonable solution, compromise as you put it to seeing this area developed in a better condition than it presently exists. It is City limits now. Central District Health Department has the attitude that they want to see all properties that develop connected to a sewer if it's economically feasible. In this case it's not economically feasible. De Weerd: Okay. Smith: I don't think that Central District Health will have any problem at all approving a septic tank drain fill for this usage. That's just my opinion but they are the jurisdiction that has the authority for that approval. They will ask the City of Meridian for a letter of sewer availability which we have issued on other properties before. Primarily properties that are in the County, not in the City limits. De Weerd: Thank you. Corrie: Any other discussion on this request for Conditional Use Permit? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. ( \ Meridian City Council Meeting August8,2001 Page 72 Bird: I move that we approve the Conditional Use Permit to develop 2500 square foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV by Gary Bodily northeast corner of East Overland Road and South Linder Road and the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of order and include all staff comments. McCandless: Second. Corrie: Motion made and seconded to approve the request for Conditional Use "Permit 01-020 with the staff comments and the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Item 23. FP 01-012 Request for Final Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.33 acres in a C-G zone for Traveler's Corner by Pinnacle Engineers - south of 184, east of South Meridian Road and north of East Overland Road: Corrie: Okay. The last item I believe is 23. This is a request for Final Plat approval of one building lot and 1 ACHD Park and Ride lot on 6.33 acres in a C- G zone for the Traveler's Corner by Pinnacle Engineers south of 1-84. Staff comments on the Final Plat. Stiles: Mr. Mayor and Council this is just a final clean up to get this legally split into two lots. It's nearly built. We would recommend approval with all staff and agency conditions. De Weerd: Well that was way too easy. I think we need to think of something. Bird: Tammy, look at the time. Corrie: I can't understand why they're sitting out there -- (Inaudible discussion amongst Council members) Corrie: The mics are open fellows, okay? Any further comments, discussion? De Weerd: I have none. Bird: I have none Mayor. Corrie: Then I'll entertain a motion for the Final Plat approval of the request. f ", Meridian City Councll Meeting August8,2001 Page 73 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat approval of 1 building lot and 1 ACHD Park and Ride lot on 6.33 acres in a C-G zone for Traveler's Corner and to have the attorney draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion made and seconded to approve the request for Final Plat on Final Plat 01-012 and have the attorney draw up the proper forms. Any further discussion? Hearing none, roll call please. Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. MOTION .CARRIED: ALL AYES Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'd like to make a motion to adjourn. Bird: I second. Corrie: Motion made and second to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~wtntlHIfJII' ",\,'\ ,,'Ilzo'- 'i, '....'\.~'\L' OF ~"it:}';:jh,./III', ~" ~ 'l,.~,,-<!, ", * .r~ .-tpt"'ll';:---'< l>i.- -;.., .tf v ....0"""''-'.14):;'.. /, ~ ,',A"-' (:''''J ",'. S . ~ v. ~ ~ .' -. ~' - - .~ ~... . ~ -~ -'- - t'!, f" L - ::. :l\,.;' .L;,L\':. ' :: t -7'& ~~? f -;:. ..... \ -Q,., ..;:J r') "::' ";:- 0\ "\"'~')\.'" 1~';' ",c, .., '\...1..1'\ .~~~ ~ f b \ -; .":-.i.-. ...<: ......... p-\1. - - \" ~-l. ,J" <'\.'_ . \'0 '," ~.tl ,'-l ,H iI~~~~-'V ~ ~... l;f1j._ - l..,J.;,'-"J--'; ~ I \\\\\- I J.,.fJ 'Or;. n., _~ -~~~ ~ i ~f1: \ ** TX CONFIRMATION REPORT ** AS OF AUG 136 '131 15=32 PAGE. 131 CITY OF MERIDIAN 213 21 22 23 24 26 27 28 29 313 31 DATE TIME TO/FROM 138/136 15:20 PUBLIC WORK5 08/136 15:21 21382882501 08/136 15:22 8841159 08/06 15:23 2088840744 08/06 15: 24 2088845077 138/06 15:25 208 898 5501 08/06 15:26 LIBRARY 08/136 15:27 92083776449 08/06 15:28 8886854 08/06 15=29 21383757154 08/06 15:30 Laurel MIN/SEC PGS 00'13" eel 130'22" 001 130'21" 0131 00'21" 13131 130'22" 1301 00'21" 1301 00'26" 1301 013'21" 001 130'22" 0131 1313'22" 1301 00'22" 001 CMDI:! 1343 1343 1343 043 043 1343 043 043 1343 1343 1343 STATUS OK OK OK OK OK OK OK OK OK OK OK MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S if;;-:e--;;~~'---;;:-P;~-.U~~--k;;;~--:---7~:~X;---------------------------- MAYOR Robel'! D. Come HUB OF TREASURE VALLEY A Good Place Ie;> Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fu (208) 887-4813 City Clerk Officc Fax (208) g8g.421 g CIIT COUNCIL MEMBERS Ron Ancler~on Keith Ilird Tammy deWeerd Cherie McCandless MERIDIAN CITY COUNCIL LEGAl. DEI'ARTMENT (208) UB.2499. ""~ 288.2501 fUIl1.1C WORKS DU11.DING DEPAR'lMENT (20B) BB7.2211 . Pl. 887-1297 Pl....NN1NG AND ZONING DEPARTMENT (208) 884.5533 . F.. ~~~-6KS4 Due to the lack of a quorum, the regular scheduled City Council meeting for Tuesday, August 7th, 2001 has been rescheduled for WEDNESDA ~ AUGUST 8TH, 2001 at 6:30 p.m. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DA TED this 29th day of July, 2001. cII~~fkz~, 9- WILUAM G. BERG, JR. .vC/7Y CLERK ** TX CONF Ikr1ATI ON REPORT ** ! AS OF AUG 05 '01 15:38 PAGE. 01 CITY OF MERIDIAN 02 03 05 DATE TIME TO/FROM 08/06 15:33 CHERIE MCC~NDLES 08/06 15:34 CHERRY LANE 08/06 15:38 8950390 MODE EC--S EC--S EC--S MIN/SEC PGS 00'26" 01211 1210'25" 001 00'22" 001 CMDf:I STATUS 043 OK 043 OK 043 OK -------------------------------------------------------------------------------------------- l7edu jJ.cSl f;;Q, MAYOR Robert D. Corrie A/~l:t.<.., k~p~.. - 7M'"h-.kr HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642. (208) 888-4433 . FaA (208) 887-48 I 3 Chy Clerk Office Pax (208) 888.4218 lEGAl. DEPARTMENT (208) 288.2499' F3X 288-2501 CITY COUNCIL MEMBERS Ron Ander~on Keith Bud Tammy deWeerd Cherie McCandlcss PUBLIC WDRKS BUILDING DEPARThlENT (208) 887.2211' F,x 887.1297 PLANN1NG AND ZONING DEPARTMENT (208) 884-5533 . F.. 111l8.6HS4 MERIDIAN CITY COUNCIL Due to the Jack ~f a quorum, the regular scheduled City Council meeting for Tuesday, August 7th, 2001 has been rescheduled for WEDNESDA ~ AUGUST 8TH, 2001 at 6:30 p.m. If you have any questions, please contact the City Clerkfs Office at 888-4433. Thank you. DA TED this 29th day of July, 2001. WILUAM G. BERG, JR. CI ( >l<>l< TX CONF I R"'ATI ON REPORT ** ( AS OF AUG 0b. 01 15:36 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 08/06 15:35 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 54" 002 044 OK ------------------------------------------------------------~------------------------------- nevYJ.f. jJ&"J':t' fi-"" P.~~};t~.(..< t.k-h'(t!.. -- ~o"h-"ILr MAYOR Raben D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAfIO MERIDIAN, IDAHO 83642 (ZOS} 888-4433 . F:u. (208) 887.4813 Ci[y Clerk Of11ce Flll\ (20B} 888-4218 LEGAL DEPARTMGNT (108) 288-1499 . P~~ 288.250J CITY COUNCIL M.EMBERS ROll Anderson Keith Bird Tammy dcWi:erd Cherie McCandless PUBLIC WORKS BUILDING PEPAR1MENT (208) 887.2211 ' Fax 887-1297 PI,.ANNING AND ZONING DEPAR'I'M ENT (208) 884.5533 ' Pa:<- 888-6854 MERIDIAN CITY COUNCIL Due to the lack ~f a quorum, the regular scheduled City Council meeting for Tuesday, August 7th, 2001 has been rescheduled for WEDNESDA ~ AUGUST 8TH, 2001 at 6:30 p"m. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DA TED this 29th day of July, 2001. ~~;k~,& WILL/AM G. BERG, JR. .vCIT CLERK \\\. \ n l ~ u. u, ;~'."I ~ \\\ 0'" HC-~ "I, ~....'\. -{ r ~11i.:/' .l,'~'~.. ............ If _-0. --.",.... .~. f' v .c.,o~POItt)).. ~ "'v '\ ~.;:r ~ ; ~ SEAL !~ ;. "l':~ f? ff -:. ~ c,. ~ ";:.-:.. 70~'$'I' 1~ "0; .j? i~ .~. -'1 ",,'i' 't ~ (.'0 ~ \,'" ~;~ ~;,);, UN I 1 , \\\\\\ (Iil:::,~ ~i1\I\\\ { ** TX L~,,~IRMATION REPORT ** AS OF AUG 06 '. .lS:32 PAGE. ell CITY OF MERIDIAN as 09 10 11 12 13 14 15 16 17 lS 19 25 32 DATE TIME TO/FROM MODE MlN/SEC PGS 08/06 15:e7 PUBLIC WORKS UF--S ee'13" 001 138/06 15:08 2082882501 EC--S 00'22" 1301 08/la6 15:088841159 EC--S 00'22" la01 08/06 15: 10 2088840744 EC--S 130' 22" 001 08/05 15: 10 2088845077 EC--S 00' 22" 001 08/06 15: 11 208 898 5501 EC--S 00' 22" 001 138/135 15: 12 LIBRARY EC--S 00'25" 001 08/06 15:1392083776449 EC--S 00'22" 001 08/06 15: 14 8886854 EC--S 00' 22" 001 08/05 15: 15 2083757154 EC--S 01' 41" 001 08/136 15: 17 8950390 EC--S 00'22" 001 08/06 15: 19 CHERRY LANE EC--S 130'25" 001 08/06 15:24 CHERIE MCCANDLES EC--S 0la'26" 001 08/06 15:31 CHAMBER-COMMERCE ----S 00' 00" 000 THIS DOCUMENT IS STILL IN MEMORY CMDIl 042 042 042 042 042 042 042 042 042 042 042 042 042 042 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY ;0 IR 4~ fb,fl In. l-1t bCic. N u17?r:.. ~, I /t/h-k.~ ---------------~---------------------~------------------------------------------------------ MAYOR RO~rl D, C..me HUB OF TREASURE VALLEY ^ Good Place 10 Live CITY COUNCIL MEMBERS Ro~ Anderson Kehn Bird Tommy deWeerd Cherie MeC:mdle.ss CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (lOB) 888.4433 . Fax (208) 887-4313 Cily Clerk Office F;u. (208) 888.4218 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL U;OA~ DEPAll.'rM~NT (208l 2BS.Z49? . Fu ~S-2S01 PU3UC WORKS BUILDING DEPARTMENT (208) 887.2211 . F,tx SB7-12~1 P~ANN1NG AND ZONING DEPARTMENT (208) 8S4-~~33 . Fox 888.6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, August 8th, 2001 at 6:00 P.M. The City Council will meet to Center with the awarding of contracts. review and approve bids and budget recommendations for the Meridian Police The public is welcome to attend. NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.c. ' 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01- 922 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land to be known as the Idaho Banking Company property consisting of 0.51 acres with a zoning designation of L-Q Limited Office District; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description of Property 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 Idahol County of Ada and is described as follows: A portion of the northwest quarter of the northeast quarter of Section 12, Township 3 Northl Range 1 Westl Boise Meridianl Ada COuntyl Idahol and is more particularly described as follows: Commencing at the quarter corner common to Section 1 and Section 12, Township 3 Northl Range 1 Westl Boise Meridian, Ada COuntyl Idaho; Thence along said section line common to said Sections 1 and 12 bearing South 890511 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. A full text of this ordinance is available for inspection at City Hall, City of Me~ian, 33 East I ho, Meridi9ll1 Idaho. This ordinance shall become effec. tive on the 8 -- day of f- 2001 ~\1\"lMJt'H"1"li . ......'.) ~' ~$J'1'1. !i...... .:"'\ V'. ~>'l it"''c1.r~JOt.b. '" \., ~~ t . .~ .~ ~ \ '\; t.:!:1<"'J tJ Y _ t: w.i~~e~JJJ ,ft; ~")! :~ JJ ;~. ~~ . J~'n I 1l> ., ,'~. 1<<'\ . 'if!' +~ 1.. 0,;,,;: ..' " ,;. 'at' .nl- ,,,' ~~~. C .w ~~ "'i<."I", , ,f:!!:(f'f. "",-,," . ;'h~n'i'f'~'>i'l1ita1i~!\')'" City of Meridian - Mayor an City By: William G. Berg, Jr., City Clerk RZ-OI-002 ~r-; ~ G4 ;\[),\ COUNTY RECORDER J.O.,.fW. I.D t~.AVP,RRO 5l :~nl;,'f' 11)~',P'O ""'."'d' ,.'" ~ 200 I AU - 9 P Ii I: 34 :. RE(OED ~ REOUEST OF' FEE~DEPUTY_tsY"+ 101080992 CITY OF MERIDIAN ORDINANCE NO. 01- qt. 2- AN ORDINANCE FINDING THAT THE OWNER, IDAHO BANIGNG COMPANY, FOR CERTAIN REAL PROPERTY HAS l\1ADE A WRIITEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE 9 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: I. The ovvner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code ~ 11~7-2 G; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in IDAHO BANKING COMPANY / (L-O) RZ-O 1-002/ RE-ZONE ORDINANCE - I accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally 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 1 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; IDAHO BANKING COMPANY / (L-O) RZ-O 1-002/ RE-ZONE ORDINANCE - 2 ( Thence North 000 02' East a distance of 159.50 feet; Thence North 89051' West a distance of 158.00 feet to the point of beginning. SECTION 2. That the aboveNdescribed Property be, and the same is hereby re- zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. this PASSED BY THE CO~I~ OF THE CITY OF MERIDIAN, IDAHO, gt:!:- day of ~;f--, 200 I. APPROVED BY THE ~OF THE CITY OF MERIDIAN, IDAHO, fJ~ day of ~ .r I- , 2001. this IDAHO BANKING COMPANY / (LNO) RZ-OI-002/ RE-ZONE ORDINANCE - 3 I< t: STATE OF IDAHO,) : ss. County of Ada. ) On this <;J fb.... day of /) J J hi I I ~~ , 2001, before me, the undersigned, a Notary P~or said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and 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. .".......... . ...f;:" "-",.,,. ~N IT <4 t't... r ~ # ,:...K....... ~ "'''' ~ ~..,. ",0'" I{o~ ~ '\ 0) ~. tft t (S ~ ,.~~~ .~: :~ ~'-,...: \. >:""I'" <~c :.: I ~ ') .... ~ , '?, ~. / ~~ '~I"t..... -11 'p,", ..,.. -........ ~tV~ NOTARY PUBLIC FOR IDAHO RESIDING AT:l-p( ~ MY COMMISSION EXPIRES: tl'-o.l--oy z:\ W ork\M\Meridian\Meridian I 5360M\Idaho Banking Co RZO 1.002\RZOrdinance,doc IDAHO BANKING COMPANY / (L-O) RZ-O 1-002/ RE-ZONE ORDINANCE - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada Coun.!):, State of Idaho, do hereby certify that the attached copy of Ordinance No. O/-c;2- 2- passed by the City Council of the City of Meridian, on the .?3t/!:- day of-):hL~.L.r,-f- 200 I, is a true and correct copy of the original of said document which is i1~ custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) ss. County of Ada, ) On this '/l~y of ~ ' in the year 2001, before me, /)Nc;A ~_ OllE;.R.L-t "-' ,a Notary Public, appeared WILLIAM G. BERG, JR., knovvn or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acl<l10wledged to me that he executed the same on behalf of the City of Meridian. ~........."...,... ~.., 1). O".e~ , ,:.... '\ ~.... :(~ ""''t.. ~ ~ r _1' j ",':.p ~ ! ~!:o't A!< l" ,. \ (Sf!\L _.- :"* :: :. * \.c:: 1. PUB\. tlo: \ tP ..,,0 ~ $ ~A .......".. , '\" '...... ~ 'l'~ 0'>"': \, "." If .c ~c ~'j." ..,........,'f Z:\Work\M\Meridian\1vleridian 1 5360M\ldaho Banking Co RZO 1-002\CertificationOfClerkRZOrd.doc ~~.~ Notary Public for Idaho Commission Expires: /l1-d2--t7<{ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-OO-OO 1 o ::rom -- o 0;;0 _T' 0'0 ,m); z Y LANE EHOME - N MERtDAlN RD COLLECTIVE LABOR AGREE~~~J.\fT AGREEMENT The City of Meridian hereinafter referred to as the DEP ARTMENT, and Local #2311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department, hereby agree as follows: ARTICLE 1 - RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTivIENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees of the Fire Department except management personnel and clerical support. ARTICLE 2 - DISCRlMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf of the UNION, because of the employee's membership or non-membership in the UNION or by virtue of hislher holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to hislher compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility of the DEP .ARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 - PREVAlLING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The DEP ARTMENT may change or cancel any such right, privilege or benefit when deemed in the best interest of the Fire Department. Any change or cancellation of any right, privilege or benefit that is done for harassment, and/or retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer ofthe UNION, from the pay of the bargaining unit employees upon written authorization. The E:rv1PLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, fees and assessments. ARTICLE 5 - UNION BUSINESS Firefighters elected to Union office shall be granted time offto attend functions, conventions and seminars within the State of Idaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave without payor vacation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations, for union conventions and for union seminars mutually set by the DEPARTMENT and the UNION. Agreement- 1 COLLECTIVE LABOR AGREE~_.. Q'T ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING In case of personnel reduction, the member with the least seniority shall be released first. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee's rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority being considered: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. ARTICLE 7 - RULES and REGULATIONS . The rules and regulations and policies of the DEPARTMENT relating in any way to wages, hours and/or conditions of employment shall be made a part of this agreement. The rules and regulations of the DEP ARTMENT as provided in Idaho Code shall be subject to change by mutual consent. ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT shall pay 100% of the employee premiums for health, workman's compensation, dental, life, short & long-term disability insurance. The DEPARTMENT shall provide coverage to firefighters that is comparable to coverage in policies, in existence as of the effective date of this agreement. The DEPARTMENT will pay 80% of the premium for the family health and dental plan. This provision will be reviewed on an annual basis after quotes for insurance are received to determine what adjustments may be needed to employee contributions to the plan. The DEPARTMENT further agrees to cover increases in premiums up to 3%, however adjustment in coverage may be necessary ifpremiums quoted are above that amount. Any adjustments will not exceed adjustments made to other City employees. The DEPARTMENT reserves the right to make changes in carriers, premiums and provisions of these programs when deemed necessary or advisable. The City of Meridian agrees to establish an insurance review committee that will review the employee's insurance coverage on an annual basis and make recommendations to the City Council. The Union will be given a position for a representative on this committee. ARTICLE 9 - SICK LEAVE Any employee incurring a non-duty sickness or disability which renders hiII11ber unable to perform hislher duties shall receive sick leave with full pay within hisJber accumulated sick leave time. Suppression employees shall accrue twelve (12) hours per month beginning October 1, 2001. The maximum time accumulated shall be 2920 hours. Any employee whose employment with the DEPARTMENT is discontinued shall be paid at hislher regular wage rate for 15% ofhisJber accrued sick leave. Any employee unable to perfo.rrn his/her duties for more than three (3) consecutive shifts due to non-duty siclmess or disability shall be required to provide medical documentation from hislher attending physician that states the employee is unable to perform hislher duties. An employee may be required to provide a physician certificate prior to the use of three (3) consecutive work shifts to ensure compliance with the provisions of the Falnily Medical Leave Act. An employee on medical, injury or incidental leave will not accrue any sick leave benefits for leaves that exceed six (6) or more consecutive work shifts. Agreement- 2 r~ COLLECTIVE LABOR AGREE~~NT ARTICLE 10 - INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform his/her duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee's injury leave with full pay shall be turned over to the DEPARTMENT. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform rnsiber FULL DUTIES as a result of ~ ,a,"LWE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists. Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sick/injured employee's medical doctor regarding hisiber physical and/or mental status. He/she must provide a doctor's release to the Chief or rnsiber designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management. ARTICLE II-VACATION 1. All twenty four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 10/1/2001 a. Zero to four (0-4) years of service b. Five to nine (5-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen to nineteen (15-19) years of service e. Twenty (20) and over 12 hours/month 14 hours/month 16 hours/month 18 hours/month 20 hours/month Maximum hours accrued shall be 500. Any amount over the maximum will be lost. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at hisiber regular wage rate for all accrued and accumulated vacation. INCIDENTAL LEAVE Incidental leave is defined as vacation leave not previously scheduled during yearly vacation scheduling planning. Incidental leave may be granted at the sole discretion of the management ofthe DEPARTMENT and must be taken in not less than four (4) hour increments. Agreement- 3 COLLECTIVE LABOR AGREE~.L.a:JNT HOLIDAYS All employees shall accrue and receive eight (8) hours paid leave for each of the holidays listed below and any additional days recognized by the State ofIdaho. All holiday time shall be in addition to the employee's vacation leave, and shall accrue as each holiday occurs. All24 hour shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (10) holidays per year as listed below: NEW YEAR'S DAY PRESIDENT'S DAY VETERAN'S DAY INDEPENDENCE DAY MEMORlALDAY LABOR DAY COLillvlBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RlGHTS DAY ARTICLE 12 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees Monday through Friday, if possible. On call personnel will be used first choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 13 - VACANCIES Any unfilled position caused by tennination, retirement, promotion or othervtise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. Promotions and vacancies for the position of Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled from the current ranks ofthe full-time personnel of the Meridian Fire Department. After the test is given and ifthere are no successful candidates a second test will be given and if there are still no successful candidates for these positions, management has the right to hire outside of the Meridian Fire Department to fill the open position(s). All promotional examinations shall be given and vacancies filled within 60 days. It shall be the exclusive responsibility of the DEP ARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 14 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given. To be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for Drivers; and will be given in the Spring of each year. For the positions of Officers, the examination will be given every two (2) years in the Spring. An accurate bibliography and scoring criteria for the positions being tested shall be given to the eligible candidates 90 days prior to the test date. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the Agreement- 4 { COLLECTIVE LABOR AGREEl\.........NT sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (112) point per year of service up to a maximum oHive (5) points. Promotional examinations shall consist of a written test and assessment center. A minimum of70% will be required to pass each portion of the promotional examination. Seniority points will be added after successfully passing the examination. The following formula will be used to determine the candidate's final score on promotional examinations. Example: + 12= 81.0% Written Examination 75.0% Assessment Center 78.0% 4.0 Seniority Points (8 years service) 82.0 Final Score , ., ARTICLE 15-GRlEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision of this Agreement or of the Rules and Regulations of the Fire Department (as provided in article 7), relating in any way to employees' wages, hours and/or conditions of employment, shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be referred to as a "Grievance." Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date ofthe grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. All parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chief thereafter shall give hislher reply in writing within ten (10) business days. Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEP ART.MENT within ten (10) business days from the receipt of the Fire Chiefs vvritten reply. All parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten (10) business days. Step Four: lfthe grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an I Arbitrator by serving vvritten notice upon the other. The UNION and the DEPARTMENT shall both select an individual to represent their interests in the grievance process. These individuals may not be members of, or employees of either the UNION or the DEPARTMENT. These two individuals shall request the Federal Mediation and Conciliation Service to supply a list of seven (7) proposed arbitrators. Within five (5) business days after receipt ofthis list the UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) name at a time from the list until only one (1) name remains. The party striking the first name shall be determined by a coin toss. Both parties shall accept the name remaining on the list as the Lead Arbitrator. Agreement- 5 COLLECTIVE LABOR AGREErJL....~'fT The Arbitration Board shall conduct a hearing and shall render a decision in writing, which shall be final and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only such jurisdiction and authority to interpret and apply the provisions ofthis Agreement as shall be necessary to the determination of the arbitration issue. The Arbitration Board shall not have any power to add or subtract from, modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance of his /her official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing ofthe City's premises. ARTICLE 17 - UNIFORlVI ALLOWANCE All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each employee $650.00 credit per fiscal year for the purchase of station uniform wear. On the firefighter's anniversary date, of the first year of service, the firefighter shall receive $54.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Any unused portion of the uniform allowance as of September 30 will be paid to the members in the next payroll. ARTICLE 18 - HOURS OF WORK A1'ID DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate if no excluded hours under the act has been taken. The regular work schedule for suppression personnel shall be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on-duty shift and a Y representing an off-duty shift. Agreement- 6 COLLECTIVE LABOR AGREE~3T XYXYXYYYY ARTICLE 19 ~ BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to 24 hours and up to 48 hours leave of absence at the discretion of the Chief. Additional leave may be granted from accrued vacation leave or unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire Chief or hislher designee. The immediate family shall be defined as spouse, child (which shall include a step-child, foster child or legally adopted child), mother, father, brother, sister, grandparent, grandchild or in-laws (defined as a father, mother, sister and brother in-law). ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on hislher regul~ tour of duty. Employees shall receive overtime pay at one and one-half (I 1/2) times hislher normal rate of pay for all overtime worked. There shall be a minimum of two (2) hours pay for all call back, overtime, or incidents work. Additional calls during the initial 120 minutes of each call back, overtime, or incident worked will not be further compensated. Any time worked after the first two hours will be compensated at one-half (1/2) hour increments, rounded up to the next half-hour. All overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 ~ WORKING OUT OF CLASSIFICATION All employees of the DEPARTMENT covered by this Agreement and who are certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same standards set forth in CALL BACK. ARTICLE 22 -EFFECTIVE DATE This Collective Labor Agreement shall become effective October 1,2001, and remain in full force and effect through September 30, 2003. This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. ARTICLE 23 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per station with a minimum of three (3) firefighters responding to fire related calls. Agreemen t- 7 i COLLECTIVE LABOR AGREElt...:.NT If sufficient employees are not available to meet the minimum staffing requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personneL ARTICLE25-SALAJUES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto. ARTICLE 26 - MA1"fAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary . .ft1nctions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Directing the activities of the DEP AR TMENT; Determining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To take whatever action may be necessary to carry out its mission. Nothing in this clause shall have the effect of nullifying any provisions elsewhere in this Agreement. The terms hereof are intended to cover only minimums in wages, hours, working conditions, benefits, and other terms and conditions of employment. The City may place superior wages, hours, working conditions, benefits and other terms and conditions of employment in effect and may reduce the same to the minimums herein prescribed. ARTICLE 27 - ALCOHOL & DRUG POLICY The DEPARTMENT and its UNION members agree to abide by the City of Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution ofthis contract is included in this agreement as Appendix B. It is agreed that changes made to this policy, shall not apply to the UNION without written consent of its members. Agreement- 8 ( ! COLLEC~LABORAGREEN~NT DATE AND SIGNED this 9~ ~\ III till t~1l !lu.. ...-:<.'0' - MJ::"-.. ~/!/~ ~'.,j Ot" ''-.'' ", 'I.,. ~"'" "."... ~ ...., -.. '1: ';, ,,(], ~?on" '}'::' .:::: _n. ~~h ." ~ ~v- ~o '~" :: ~ ~ ~ ~ ~ s ~ ~ - = llJ;;rrvv~ b (}/ry, ~~ [l-g-tJ/ Agreement- 9 day of 7.1.d~ r'~-~ Brian shton , 2001. President ATTEST: ? BY~~/ Blake Campbell Vice President ( COLLECTIVE LABOR AGREElV~J.'IT APPENDIX A Wage Scale- The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1101 10/1/02 Introductory Employee 2,500 Monthly2,575 Monthly 30,000 Yearly 30,900 Yearly 2,696 Monthly2,777 Monthly 32352 Yearly 33.324 Yearly 3,167 Monthly3,262 Monthly 38,004 Yearly 39,144 Yearlv 3,492 Monthly3,597 Monthly 41,904 Yearly 43,164 Yearly 3,767 Monthly3,880 Monthly 45,204 Yearly 46.560 Yearlv 4,195 Monthly4,321 Monthly 50.340 Yearly 51.852 Yearly Firefighter I Firefighter II Firefighter III Driver Captain The wage rates above include Longevity and Educational differential pay Note: To be promoted the Employee must have served one (1) continuous year in the previous position, as per Article 14-Promotions. Agreement- 10 COLLECTIVE LABOR AGREEi~NT APPENDIX B CITY OF MERIDIAN ALCOHOL AJ.'ID DRUG POLICY POLICY STATEMENT In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the city's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees. PURPOSE This policy outlines the goals and objectives of the City of Meridian1s drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program. SCOPE This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. PROHIBITED ACTIVITIES On-Duty a. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. Agreement- 11 i' COLLE~LABORAGREEM~i~ b. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. c. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. d. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. Off-Duty a. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. b. Employees who are acquitted will be returned to work with back pay, if applicable. c. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days ofthe_conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to infonn the City subjects the employee to disciplinary action up to and including termination. Medication Prescribed by Physician a. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the_period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by hislher physician that the prescription drug could cause adverse side effects while working must inform hislher supervisor prior to using the medication on the job. Agreement- 12 COLLECTIVE LABOR AGREEN~~IT b. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. DISCIPLINE Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy'will be subject to discipline up to and including termination. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination except that, confirmation of or continuing participation in an alcohol or drug rehabilitation program, as recommended by the Employee Assistance Program, is required of an employee returning to duty. The Employee Assistance Program will notify Human Resources when an employee has completed a rehabilitation program. After an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: a. Failure to contact the EAP within five (5) working days after notification of a positive test result. b. Refusal or unexcused failure to participate in counseling or the EAP program. c. Abandonment of a treatment program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has a list oflocations and counselors available. Agreement- 13 (.... COLLECTIVE LABOR AGREE~~NT Self- Referral Rehabilitation assistance in lieu of discharge may be offered: Any employee, who identifies h.imJberself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professionaL An employee returning to work after treatment may return, to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. EDUCATION Supervisors and other management personnel will be trained in: a. Overall City policy; Agreement- 14 i COLLECTIVE LABOR AGREEl\......:..NT b. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; c. Recognizing and intervening in situations that may involve violations of this policy; d. EAP intervention, procedures and supervisor's role; e. Documentation of employee performance and behavior. Employees will be trained and informed of: a. The health and safety dangers associated with alcohol and drug use; b. The provisions oftrus policy through employee meetings and employee orientation. PRE-ElVIPLOYlVIENT TESTING All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol or drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and illegal drugs. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in Vlriting of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. REASONABLE BELIEF TESTING An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief" behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. POST - ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within two (2) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: Agreement- 15 COLLECTIVE LABOR AGREEl,"":';NT a. a fatality or personal injury requiring transport for medical treatment; b. injury to another person, requiring medical treatment away from the site of the accident; c. damage to vehicle, equipment or property owned by the City, or by a third party, that is estimated to exceed $500. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in hislher system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. If it is detennined by management that an employee's accident was definitely caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to infonn their supervisor of the accident as soon as possible, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. RANDOM TESTING Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. Sensitive positions are those that require an employee to: 1. Carry firearms; 2. Have custodial responsibility for illegal drugs; 3. Perform emergency medical, lifesaving, andlor fire suppression activities; 4. Have supervision over children; 5. Have access to homes and/or businesses in the City; 6. Handle hazardous materials that if mishandled, place the general public at risk of . .. senous lnJury. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the in.dividual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately Agreement- 16 i COLLECTIVE LABOR AGREElVi.ENT preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. CDL Testing: In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. DRUG /ALCOHOL SPECIlVIEN COLLECTIONITESTING PROCEDURES Specimen Collection Procedure Vlhen a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee maybe transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. Agreement- 17 COLLECTIVE LABOR AGREEi-iNT Adulteration Or Submission Of Concealed Specimen If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or hislber designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing- and Confirmation The cut-off levels for all Non-Dot testing is as follows: Drue Class Amphetamines Cocaine Phencyclidine (PCP) Marij uana Opiates Screenine 1000 ng/ml 300 ng/ml 25 ng/ml 50 ng/ml 2000 ng/ml Confirmation 500 ng/ml 150 ng/ml 25 ng/ml 15 ng/ml 26 ng/ml The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohoL Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas ChrornatographyfJ\1ass Spectrometry (GCIMS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the City within 48 hours of the employee being notified of the positive test result. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse Agreement- 18 i COLLECTIVE LABOR AGREEl\~ ~J.'IT the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. TEST RESULT NOTIFICATION The office of the testing agency will forward all alcohol and drug tests to the Human Resources Director or hislher designee authorized to receive them The City and the prospective or current employee will be informed of a positive test result. The prospective or City employee will be offered an opportunity to discuss the positive test results with the Medical Review Officer (IYfRO) or his representative. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. After verified, the employees test result will be reported to the City as negative. However, if an employee cannot provide a reasonable explanation for their positive test result, and the Medical Review Officer (IYfRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or hislher designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. EFFECT OF TESTING POSITIVE Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. Agreement- 19 COLLE~LABORAGREENfuNT CONCLUSION The terms of this a1cohoVdrug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions ofthis policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. DEFINITIONS Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system. Employee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated Agreement- 20 ( COLLECTIVE LABOR AGREEhd~NT all positive test results together with an individual's medical history and any other biomedical information. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to drug or alcohol impairment. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test"such as a breath test or urinalysis. Agreement- 21 RECEIVED JUL 2 0 2001 RESOLUTION NO. tI/- 367 OITY OF MERIDIAN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, DETERMINING CERTAIN PROPERTY DESCRIBED BELOW TO BE A DETERIORATED AREA OR A DETERlORATING AREA OR A COMBINATION THEREOF AND DESIGNATING SUCH AREA AS APPROPRIATE FORAN URBAN RENEWAL PROJECT. BE IT RESOL YED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the area described below contains land which has a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, diversity of ownership, or a combination of such factors, resulting in economic underdevelopment of the area which substantially impairs or arrests the sound growth of the City of Meridian; and WHEREAS, the area described below contains land which is predominantly open and which has diversity of ownership, resulting in economic underdevelopment of the area or substantially impairs or arrests the sound gro'vvth of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: SECTION 1: That the area shovvn on the map (which area is crossed hatched), which is attached hereto and incorporated herein by reference, is determined to be a deteriorated area or a deteriorating area, or a combination thereof. The area shown on the map is generally bordered on the north by Fairview Avenue, on the south by Franklin Road and Interstate 84, on the west by North 4th Street West and Meridian Road, and on the east by East 4th Street and North Stratford Drive. SECTION 2: That the area described above is designated as appropriate for an urban renewal project, and shall be known as Urban Renewal Area # I. SECTION 3: That the Mayor and City Council hereby find it necessary and advisable, in order to assure orderly economic development that the above described area, and is in the public interest for management and sound growth, to URBAN RENEWAL AREA RESOLUTION PAGE 1 OF 2 designate the above area to be known as Urban Renewal Area #1. SECTION 4: This Resolution supercedes any previous Resolutions of the Meridian City Council designating the boundaries of Urban Renewal Area 1. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 24~ day of J~ ,2001. APPROVED BY THE l\1AYOR OF THE CITY OF MERIDIAN, IDAHO, this 24-"t!?-- day of .:r U/f ' 2001. ArrEST: .i. - lE ri ,"';: ,~~A~9.- City Clerk . P' Z:\Work\MIMeridian\Meridian 15360M\Resolutions City Hall\200 I\UrbanRenewalAreaResolution.wpd URBAN RENEWAL AREA RESOLUTION PAGE 2 OF 2 LI:" '< u.: w \- "';:;:.1 ::: ,! r(7;1'" / I w~~ II . --'r=" . II i r ~ :08 318':1'3 N I r-=- J =< ~ ~ ~ :' '-;'" 1~ ~ - ! I :.z. :w.-;;:"III I '"'-.. I ., II - - '. c, :....~ t i I [ 1 I ~ r ( ..:r :' :i:": ! f z <{ cc u.. w :z; C": . i -r--i ~8/ i ir-rn==- [/ c i i i / \ -1 , .. ~ ! ~ ~ !' "r-l. ; I ~. ~ J _. ~~r:J . a ~~ "(f e m ~ ~~/'"',j... .. . . 1- - LV -i-'l"'!l' "'M ~~ i - 4 ~ . i . at:! 31! ;~ 3 ; I 1 I /. ~~ ~ . 1 - ,- ; - il . .. ~~ .;. ['-- Cl a: Cl z <( ....J a: w > o w z: ~ ~ - '-_-lII~ ~ i' ~ J · 1 !/ 3 ~ j J " 1 s L3 ~ ~ ./ I.,.';' r r 1 . . " ~ ~ i .';'-;~ .... = .~ !I ~ _ - I: iI . ""I 1 ... _ i "- ~i!j~Li \ :/ ; ""-1JIIr"'_: '.;'" ; . -::t a:J I :I W ~ ~ i i ~ j....:: ~ CfJ ! 0: i w Ii - l- ~ z 1 ~I -, ~ ~ , ( 111 i "E=~' i · . f . 5 . ~ CJ I ~ J 3::: ::<::: r7: I i c C 21 ( CITY OF MERIDIAN ORDINANCE NO. 1/ 1- rz I A BY COUNCIL MEMBER: In c CaJ1ct Ie .r J' AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING TITLE 1 CHAPTER 6 SECTION 3 SUBSECTIONS A 1. AND 2. AND PROVIDING FORA NEW SUBSECTION 3. AND RENUMBERING THE SUBSECTIONS THEREAFTER; PROVIDING THAT THE DUTIES OF THE OFFICE OF THE NIAYOR BE A FULL TIME POSITION; PROVlDING THAT THE lvlAYOR IS THE CHIEF ADMINISTRATIVE OFFICIAL OF THE CITY AND SHALL PRESIDE OVER MEETINGS OF THE CITY COUNCIL AND DETERl\tHNE THE ORDER OF BUSINESS, SUBJECT TO THE RULES OF THE COUNCIL, AND TO HAVE SUPERINTENDING CONTROL OVERALL OFFICERS AND AFFAIRS OF THE CITY, PRESERVE ORDER, AND TAKE CARE THAT THE ORDINANCES OF THE CITY, AND THE PROVlSIONS OF THE IDAHO STATE LAW GOVERNING MUNICIPAL CORPORATIONS ARE COMPLIED WITH; AND PROVIDING IN THE RENUMBERED SUBSECTIONS 4. 5. AND 6. A CHANGE OF THE WORD "HE" TO THE WORD "THE I\t1AYOR" ALL IN SECTION 3 OF CHAPTER 6 OF TITLE I MERIDIAN CITY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE 1v1AYORAND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: That Subsection A. I. and 2. and providing for a new subsection 3. and renwnbering the subsections thereafter and providing for the new subsections 4.,5., and 6. to change the word "He" to the words liThe Mayor" in section 3 of Chapter 6 of Title 1 Meridian City Code of the City of Meridian be amended and the same is hereby amended to read as follows: 1-6-3 A. Generally: 1. The 1\1uyor shall dc-;ote so much of his time to the duties of his office as an efficient and faith...u discharge thereof may require. The efficient and faithful discharge of the duties of the office of the Mavor shall be a ORDINANCE AMENDING PROVISION FOR 1v1AYOR - 1 full time elected position. 2. He shull from time to time gi~/e the Council such information, and recommend such measures as he may deem beneficial to the City. The Mavor shall be the chief administrative official of the city. preside over the meetings of the citv council and determine the order of business subject to such rules as the council may prescribe. have a vote onlv when the council is equally divided. have the superintending control of all the officers and affairs in the city, preserve order, and take care that the ordinances of the city, and the provisions of the Idaho State Law governing Municipal corporations are complied with. 3. The Mavor shalL from time to time, communicate to the city council such information and recommend such measures as, in the Mavor's opinion, mav tend to the improvement of the finances. the protection. the health. the security, the ornament. the comfort, and the general welfare and prosperity of the citv. 3-d.. He The Mavor shall examine the grounds of all complaints against any of the officers of the City to determine existence of a violation or neglect of duty, and report the evidence thereof, if deemed sufficient for the removal of said officer, to the Council. 4;-.:2,. He The Mavor shall require that every officer, on the expiration of that officer's term of office or resignation or removal from the same, deliver to a successor all monies, books, paper, maps, plats, furniture, fixtures; apparatus, machinery, tools and instruments and appurtenances belonging to such office. &.~ He The Mavor shall perform aIL other duties imposed by the laws of the State: A. Sign Contracts: The Mayor is authorized and empowered to sign officially for and in behalf of the City on all contracts, including deeds, bonds, bills, notes, obligations, and other agreements, documents and papers to which the City is a party, and to require that the conditions in the said instruments are faithfully performed, and to borrow money on the credit of the City when authorized by the Council. (Ord. 140,8-30-1965) ORDINANCE AMENDING PROVISION FOR MAYOR - 2 (. B . Veto Power: The Mayor shall have power to veto or sign any ordinance passed by the City Council; provided, that any ordinance vetoed by the Mayor may be passed over that veto by a vote of one-half (1f2) plus one of the members of the Council elected notwithstanding the veto, and should the Mayor neglect or refuse to sign any ordinances and return the same with the Mayor's objection, in writing, at the next regular meeting of the Council, the same shall become a law without the Mayor's signature. C. Accounts And Reports Of Officers: The Mayor shall have the power, when deemed necessary, to require any officer of the City to exhibit accounts or other papers, and to make reports to the Council in writing, touching any subject or matter pertaining to that office. D. Police Powers: The Mayor shall have jurisdiction, as may be vested by ordinance, over all places within five (5) miles of the corporate limits of the City, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested by ordinance, excepting taxation, within one mile of the corporate limits of the City, and over such properties as may be ovvned by the City without the corporate limits. E. May Require Aid In Enforcing Law: The Mayor is hereby authorized to call on every male inhabitant in the City over twenty one (21) years of age to aid in enforcing the laws. (Ord. 140,8-30-1965; amd. 1999 Code) F. Special Meetings Of Council: The Mayor shall have the power to call special meetings of the City Council, the object of which shall be submitted to the Council in writing; the call and object, as well as the disposition thereof, shall be entered upon the journal by the City Clerk. (1999 Code) H. Other Powers: The Mayor shall have all other powers granted by the laws of the State of Idahol. (Ord. 140,8-30-1965) I I.C. ~ 50-602 et se~ ORDINANCE AMENDING PROVISION FOR MAYOR - 3 SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of ~e elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance tal<:.es effect. SECTION 5: DATE OF EFFECT: and effect on October 1, 2001. This ordinance shall be in full force PASSED BY THE COUNCIL OF THE CITY OF MERlDIAN, IDAHO, this 24-t!:. day of ",fltL:f ' 2001. APPROVED BY THE 1\.1AYOR OF THE CITY OF MERIDIAN, IDAHO, this 24-"1:-- day of '(TIAL:; , 2001. ATTEST: ~~P~~. CITY CLERl( msglZ:\Work\M\Meridian\lVferidian 15360M\Ordinances City Hal1\200 1 Ordinances\FUIL TIMEMAYOROrd05290 l.doc ORDINANCE AMENDING PROVISION FOR MAYOR - 4 Z001 AU -9 PH \: 35 RECORDEO-REOUESTOf fEE~DEPUTY~~ ~Rf . 1 0 \ 080993 ~~~\~~~ ~DER , j 0/>.\110 NAVARRO v. Pt11~~,~4, F1f,J10 .....' ',-" ! ,,- ~ ., '" CITY OF MERIDIAN ORDINANCE NO. 01- '12/ AN ORDINANCE FINDING THAT JEFF AND HOLLY REID OWNERS OF CERTAIN REAL PROPERTY TO BE KNOWN AS TRANQUILITY PONDS HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ~ 11-7-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CIIT OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CIIT OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code ~ 11-7-2 K; and Jeff and Holly Reid / (C-G) RZ-OO-009/ RE-ZONE ORDINANCE - 1 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No.2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88050'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00007'00" West a distance of 141.21 feet; thence leaving the westerly right-of-way line of East 3rd Street and along the south boundary line of said Lot 1, North 8905010011 West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8,.990 square feet or 0.21 acres, more or less. 4. The following conditions shall be required as follows to-wit: 4.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 4.2 If rezoned to C-G, the subject lot would conform to minimum lot size and frontage standards. Jeff and Holly Reid 1 (C-G) RZ-00-0091 RE-ZONE ORDINANCE - 2 4.3 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 4.4 Staff recommends that a Development Agreement not be required for this application. 4.5 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 with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.6 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. 4.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 4.10 Dedicate 54-feet of right-of-way (approximately 4-feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Jeff and Holly Reid / (C-G) RZ-OO-009/ RE-ZONE ORDINANCE - 3 4.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 4.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4.13 Applicant shall locate any driveways on Third Street a minimum of 50-feet south of Fairview Avenue. The driveways shall be paved to their fullwrequired width to a point 30-feet beyond the edge of pavement. 4.14 .Any existing driveways on Fairview Avenue shall be closed. 4.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 4.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C-G) General Retail and Service Commercial District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict Jeff and Holly Reid / (C-G) RZ-OO-009/ RE-ZONE ORDINANCE - 4 ; ( herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ....'pASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this~{{ay of I/ur I- , 2001. ~PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thi~~ayof ~f- ,2001. STATE OF IDAHO, ss. County of Ada. .-,;.: ;,. ) .'f/A. On this 9 day of , 2001, before me, the undersigned, a Notary Public in and for id State, 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. Jeff and Holly Reid! (C-G) RZ-OO-009/ RE-ZONE ORDINANCE - 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada Coun~, . State of Idaho, do hereby certify that the attached copy of Ordinance No. c:J :;;"'$1 passed by the City Council of the City of Meridian, on the f} t!=. day of cf + 200 I, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \"'~I'~1Ht~Hlltltll'll_ ".."t Of - - 'I/. ~.;:.;:. A:~ . - ~?7 .;.'" A' A .t;- 'V".~,. ''$ ~ -. 1"~ i$. .-:- ;0" . i STATE OF IDAHO, ) ss. County of Ada, ) On this 8-1/..... day of ~ u~1 ' in the year 200 I, before me, A-Alt TA 'j::). (j lie ll, M , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ....111.""..... .... 0 ........ .... lJ. "b~' ~. ~ ~ ........J.:t~ ~ ~ ~ ... -:,p ~ "'" . : ~! +O'tA.k)- (5:! _.- '* =* (, I '" PUB\..\ 0 \~. ...~" ".. ;. ........ ~ ,,'" '##.#.'" 1'8 OF \~ t........ ~.<< ..., ."......... ~~Ifl.~ Notary Public for Idaho Commission Expires:/tt72--tf V r msg\Z:\ W ork\M\Meridian\Meridian ] 5360M\Tranquili ty Pond RZ009\CertificationOfClerkOrd CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-OO-009 '\, /' , N MERIDIAN RD p- J =r - ~ - - --, ::::: I E 1ST ST ~ - m '.k>.O ~ I n'lil :g ~ Gl- J r---- 11 EIlJ~ ~:; ~ - )>):0 o~m ~ ~ N 8UENAVI Gl; I~ ~ZI 7 1 II If cnmm II ;l,l . ::u - ~ ~ z NOO'07'OO"E '"~t:J ~ III ==:::: !>l!I ~. 8 - b~ ~ -~ "'''' 1/ E 3RD ST sO?:~?'~w - ~ NNAl ~ "U-f J II - )> ::u S; - ^ G) ---' ::u~[ In III BARBARA - G> (,SL- I-- ~ $ '/ = V( - 1 r I C Z ) -f / Q m BARBARA ::u DR () ---......., ;U C CJl :>> 0 ... :>> m .... 0 .. m " .. J:! - :z -/ '" ... 0 Q CJl g C,..- '" mZ go en "11~ E::m- "11(') ~ ~~::;t m ):>m (') -:>> -l z(S C--i 0 0 , .?; m II Z OJ:! t~ - 0 S; :-J :r~ ~::;:m 5.!ll ::u -l 0)> (.:0 rZ i~Q ~ rO .. :2 -<5; ~j .t rri )> r r ",Z m ;:0- 0 0 m::! ~ 0 - -0 ::;: 00 z Z III -< 0 c;, en <-, ~O AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIANJS WATER SYSTEM OUTSIDE THE CITY LIMITS 'A- Gt THIS AGREEMENT is made and entered into this 11 {. day of r~, I'1liLYj , 2002, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and CHERRY LANE BAPTIST CHURCH, as hereinafter defined and hereinafter referred to as ."WATER USER". 1. RECITALS: 1.1 WHEREAS, "Water User" is the sole owner, in law ancl!or in 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, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code $50-323, provides and empowers cities to establish, create, develop, maintain and operate domestic water systems; and 1.3 WHEREAS, "City" operates and maintains and develops a domestic water system; and 1.4 WHEREAS, Idaho Code $ 50-1030 provides and empowers cities to acquire by gift or purchase, and to construct, reconstruct, improve, better or extend domestic water systems within or without the IICityll or partially within and partially without the "City"; and 1.5 WHEREAS, the "City" has enacted an ordinance governing its water system codified in Meridian City Code $ 9-1-16; and 1.5 WHEREAS, the "Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 1 of 9 1.6 WHEREAS, the "Water User" is desirous of obtaining connection to the water to serve the "Real Property" and the "City" is vvilling to provide that connection to the water service to the "Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" vvillingness to enter into this agreement that the "City's" "Ordinance and "Policy/Regulations" which govern its water system be included as terms and conditions of this agreement and that the "Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the follovving 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real 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 together vvith improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its water system presently codified at Meridian City Code 9 9-4-26, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Water System". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 2 of 9 2.5 "PoIicy/Regulations": means and shall refer to any City Council enacted policy ancVor regulation of its water system. 2.6 "Water System": means and shall refer to the City's water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: .3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF WATER USER FOR THE HOOKUP OF THE WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Water System" connection shall be the responsibility of the "Water User". 6. ORDINANCE APPLICATION: The l'Ordinance and "Policy/Regulations" apply to the water service and connection and are herein incorporated as specific terms of this agreement and at such t~me or times as the uOrdinance" and/or uPolicy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the UCity", the UWater User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a vvritten request and application for such annexation in accordance with I.C. S 50-222 or any AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 3 of 9 amendments or recodification of said statute. AdditionallY1 the ~'Water Userl> shall connect to the City sewer system when it becomes available to the area. "Water Userl> also agrees to pay all sewer connection fees and any other costs involved in connecting to the City sewer system. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "PolicyIRegulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: UCity" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Water User" cost, and submit proof of such recording to UWater User", 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaultin~party shall then have thirty (30) days after delivery of notice of default to correct the same before the non- defaulting party may seek any remedy provided for herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 4 of 9 11.3 In the event the performance of any covenant to be performed hereunder by either r'Water User" 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. . 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do Meridian City Engineer City of Meridian 600 E. Watertower, Suite 200 Meridian, Idaho 83642 PROPERTY OWNER: Cherry Lane Baptist Church 2150 W. Cherry Lane Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 5 of 9 be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. 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. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Water User" 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 "Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 6 of 9 18. TERMINATION: At such time as the "Real Propertyrl is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have . executed this Agreement. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Cherry Lane Baptist Church ATTEST: By: ~/Jl6U~ TfLlt5 e ~~~ BY: RESOLUTION NO. By: . ,\~ \\\\ ~~it'~i;~~~;~i<:" _.. ,\).:..J ~ t,_~..." ", ,"'., /:';"0 ''- . " -'-1-..-- <t.~.1<f/-'1:: .'.~f"~. ",' .~ ,nOf,'-i)!/ ~',:,. ,~. U' 'ror.;~. . i-tl'~ ;\\Y'" . .' - l -=f:v.n~;t t~ '.~'a ')"~~s ~ .. ............~...L. .,~ WILLIA1v1 G. BER ,J ., CIty l1ERK ,$~:':'J , < V':} ><~". ~ ' ~YRESOLUTION NO. -:---;;,::i/!:!;.?! le;'t.4~;',;i" IIjJjJmvec{ b1 C/I-:J (1tvJcC<L"~, "1i~ ~ ~...\f' \"~'f-;,i~~;~,,;~~j;;;::);'}" AGREEMENT FOR HOOKUP TO THE"CITY OF MERIDIANIS WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 7 of 9 r STATE OF IDAHO, ) : ss. County of Ada ) On this \ ~ day of ~\\J.JL'\j , in the year 2002, before . me, Lc..-\="e.:~'''~ ::S~SJ),--- , a Notary Public, personally .appearecr-r-o.......,...,yy........1 f'r\'ou ~€...\""' and (-=--\..\0;:......... ~ \=\v....1t '€' _ known or identified Ita me to be the ~t'" \.l....~ and V~~s\(LS:L.... i respectively, of the Cherry Lane Baptist Church, who executed the instrument or the person that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (S;,~",;n....... ~~ii:~ ...... oJ'.~~ R 'd' ......;.. ~."""... ~r~ ~~ eSl Ing at: ^ h/"\ ^ ........."" o. PJ' ;-. u ~ I ("~I.. ~~'. V e. (): \ M C . E :,~, " ....."..... ':. Y ommlssion xpires: E c! ~7~'..).: ~ = :~., ,,' . c:l tJ~: . ~ ....... , ~ iJI T. - ;. ~ ~ .,) ."': ~~} : ""t-,.. .Q" .""" \ _L "."~ .A ~ I " v.;"'). o. ,," 1'", .. "~..V'q'"<!> ."........ ~..~ -..."'" "".... ~#... ~ ~ ..... .......1111....... (~?; ..,;;;) 00 f) , AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 8 of 9 STATE OF IDAHO, ) : ss. County of Ada ) On !fis _8-~ay of (ekl~ax.3 ' in the year 2002, before me, ' 0 19~ C!12:::J,Jyvu tJ/J , a Notary PublIc, personally appeared ROBERT . CORRIE and WILLIAM G. BERG, JR., IG10wn or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, . and ac1G1owledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above vvritten. (SEAL) ...... ...ON 8 ... .~~6~~~~..,. .~, .:::; ~ ~. . , , .,. . , , . . : I . · , J · . , It .,. , . . ' ,br_~-' . ..&~..:'_(J.m.."":"~~.. . -t'..,~---.;n~. .....tl'OF~.. ....... 8~~) Notary Pu .lic for daho rl'"' Residing at: MfA, Co;~ 1d~>> My Commission Expires: Zg - 5' Z:\Work\M\Meridian\Meridian 1 5360lV1\Cherry Lane Baptist Church Connect to City Water Agmt\WaterOutsideCityAgmt.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 9 of 9 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF D'ALESSIO ) BUILDING & DEVELOPMENT, ) INC., FORA VARIANCE OF THE ) 1,000 FOOT BLOCK LENGTH ) FOR BLOCK 2 FOR PROPOSED ) STATEN PARl( SUBDIVISION IN ) PROPOSED R-4 ZONE, ) LOCATED ON THE SOUTH SIDE ) OF USTICK, EAST OF BLACK ) CAT ROAD, MERIDIAN, IDAHO ) C/C 07/17/01 VARwOI-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 17,2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to~wit: FINDINGS OF FACT I. The City Council takes judicial notice of its Zoning, Subdivisions and Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE I V AR-OI-009 D' ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDNISION Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code ss 67-6509, 6516 and Meridian City Code ss 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is D'Alessio Building & Development, Inc., whose address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713. 4. The owners of the property are Stewart Terry and Verla Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705. 5. The location of the subject property is presently located in a RUT (Rural Urban Transition), and which subject property is located on the south side of Ustick, east of Black Cat Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included vvithin the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file vvith the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently pasture land. 8. The proposed land use of subject property is to develop the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND u ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-009 D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDIVISION Page 2 of 9 property in the following manner: develop 23 single-family residential building lots and 5 other lots. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 9. The Applicant seeks a variance of the following provision of the Meridian City Code, ~12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,0001) in length. 10. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that in Block 2 the total width (east~west) of the parcel is less than 536 feet. Considering the 50 foot minimum required street width, any east-west street would only be less than 500 feet. Due to the size of the parcel if the requirements of the ordinance were applied, only one street would be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -~ ORDER OF DECISION GRANTING A VARIANCE! VAR-OI-009 D' ALESSIO & BUILDING DEVELOPMENT, INC.! STATEN P ARKSUBDIVISION Page 3 of 9 permitted and a poor layout of the subdivision would result as this parcel prevents compliance. 13. The minimum requirements of the ordinance that need to be reduced to penuit the proposed use would be the need to decrease the 500 feet minimum block length to permit the proposed use due to the above constraints in number 12 above. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is as stated above in numbers 12 and 13 hereinabove. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in numbers 12 and 13. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficult if no flexibility on block lengths were allowed. An applicant has a right to expect that any and all required improvements associated with a development request will benefit the public health, safety, or welfare. That right would be compromised by a literal interpretation of the law, because only one street would be permitted and a poor layout of the subdivision would result as the total width (east-west) of the parcel is less than 536 feet. Considering the 50 feet minimum required street width, any east-west street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-009 D' ALESSIO & BUILDING DEVELOPMENT, INC. I STATEN P ARKSUBDIVISION Page 4 of 9 could only be less than 500 feet. 17. The existence of special circumstances or conditions affecting the property is as those stated above in numbers 12, 13 and 16 hereinabove. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the RUT District is to encourage compatible infill development which would improve the existing neighborhoods, and the recognition that land development regulations shall be revised to encourage the infilling of existing vacant parcels vvithin the city limits. 20. The variance would convenience the applicant, but to provide for the same ability to develop the land vvith the specified limitations that other property owners in the district could achieve without such variances. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land. 21. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V AlliANCE / V AR-OI-009 D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDIVISION Page 5 of 9 22. The granting of this variance "Will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. 24. The applicant shall comply "With the Ada County Highway District's requirements, including the Site Specific Requirements and the Standard Requirements, which are listed in the ACHD's letter dated July 9, 2001. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code & 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its aut.hority of Idaho Code & 67,-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-009 D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDIVISION Page 6 of 9 S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in e:A:traordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-009 D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDIVISION Page 7 of 9 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a vanance from the 500 foot rnlnimum block length requirement for Block 2 within Staten Park Subdivision in the RUT zone. Additionally, the Applicant shall comply with the Ada County Highway District's requirements, including the Site Specific Requirements and the Standard Requirements, which are listed in the ACHD's letter dated July 9,2001. 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 Section 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 a variance authorizing a variance of the Block Requirements in the RUT Zone as provided in the Section 12A-5 and 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 o-1!2- "0 day of /l-u~r (/ ,2001. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V NUANCE! V AR-OI-009 D' ALESSIO & BUILDING DEVELOPMENT, INC.! STATEN P ARKSUBDIVISION Page 8 of 9 ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN KEITH BIRD VOTED-ffi--t<../ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: #-g-tJ( VOTED - MOTION: APPROV1Jl.~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. B~P~9- City Clerk Dated: ,\\lIllllt!ii/(1 ,,\\\ .,... lid, '"/, .'\''.\~i 'Or m'Eh'.;.' ""t. Ii,\ At.,'''' , ,d'" ~,1. . ,J:." ..... ....... '........ v';'::, .. .;;;.' 'Cl' ~?Q'~,' '/~1~ "'c;, ~ . cc., '\,>1/:: '" ~;, $ !l tJ(.::- ,it:-.J 0, ..', ,,--""'--' """"!'..; '-'!-r" ~ - ~ .~ - . ~ OL,hJ4 .~ ~ 7.~ /':' f: p ,'" c;, - ....... z:\ Work\M\Meridian\Meridian 15360M\Staten Park Sub V ARO] -009 AZO] -009 PPO 1-0 12\F!C1SGrantvari:~~1l;"-(~'~~.E..><'~0)~<:f.?/t ~ ..~~, \:~.\ .....~ /11 "'...r~J "'} '.'".f.f,\_:" "'- ~t,,' '\/'11;"':"""'; ': ,~:;,\\\'\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-009 D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN P ARKSUBDMSION Page 9 of 9 ._.-~ ......... "~--' .~ ~ .~ " I ~ . <;~ ! ,~ .. " ! i \ i I I , 1AII.w.....~ I I \, '~ I I I - - --\ l '\ I....tl ...:.... i f ~.J ~ T ~-=:::::d= "IJIlI'..n~ 1.~...uI..JUl ".- ~" ~ "~ - ~~ r (1'1,'1 .... -~ .--- ... I ~ !""'.J II. ~ .~ I J-:~-J .J tJ "n It u.-:uu'ms 1 ! I I i j i . ~ 'Jll9JIJ.....JIiIII ~ \ i .~ '& .(\ .~ ' ~.~' ~,,:. .. I . " 'i- I ~ j.:ra.1J:nIM .""<. /~;,. ..--... WHITE PETERSON JULlE KLEIN FISCHER WM, F. GIGRAY, [II BRENT JOHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS. CHRISTOPHf.R S. NYE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A, ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE" WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW 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 DR "ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE July 20,2001 RECEIVED JUL 23 2001 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 CITY OF MERIDIAN Re: STATEN PARK SUBDIVISION - D' ALESSIO BUILDING & DEVELOPMENT, INC. / ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT CASE NO. AZ-OI-009 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of July 17, 2001, and which are on the agenoa for August 7, 2001. I have also attached the onginal of the Development Agreement for owner and developer signatures. After the Council meeting of August 7, 2001, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the four Development Agreements as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner and developer for signatures. Z:\Work\M\MeridianlJv1eridian 15360M\Staten Park Sub VAROI-009 AZ01-009 PPOI-OI2\FFCL and DevAgtClk.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 07/17/01 IN THE MATTER OF THE ) APPLICATION OF D' ALESSIO ) BUILDING & DEVELOPMENT, ) INC., THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 8.15 ACRES FOR ) PROPOSED STATEN PARK ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) N. BLACK CAT ROAD AND W. ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-O 1-009 FINDINGS OF FACT 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 July 17, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, 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 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 ) zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 17, 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 (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 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 July 17, 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 ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and ll-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 adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 2 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 8.15 acres in size and is located at the southeast corner of N. Black Cat Road and W. Ustick Road, Meridian, Idaho. The property is designated as Staten Park Subdivision. 6. The owner of record of the subject property is Stewart Terry and Verla Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705. 7. Applicant is D' Alessio Building & Development, Inc., whose address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713. 8. The property is presently zoned by Ada County as RUT, and consists of pasture land. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north and west by Ada County property, zoned RUT and to the south and east by the City limits zoned R-4. 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 vvithin the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYD' ALESSIO BUILDING & DEVELOPMENT, INCj STATEN PARK SUBDIVISION - (AZ-OI-009) Page 3 manner: develop 23 single-family residential building lots and 5 other lots. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 15. 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: 1. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. 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 shall be shown on the site plans. 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. The applicant shall not be required to tile the Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 4 3. Any existing domestic wells and/or septic systems within this project shall 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 landscaping irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taldng the line length plus one- half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 18. 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 condition of annexation and zoning designation. 19. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 5 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. 20. It is found that the zoning of the subject real property as Low Density Residential District (R-4) 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 Single-Family Residential. 21. 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: 21.1 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 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. 21.2 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 6 21.3 The application is consistent with Meridian's self identity. 21.4 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. 21.5 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. 21.6 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. 22. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 7 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 ~eridian 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 kind 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-O 1-009 ) Page 8 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 ofland 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. 5. The zonings of Low Density Residential District (R-4) are defined in the Zoning Ordinance at S 11-7-2 C. as follows: (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. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible single-family residential development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt VS. The City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 ) Page 9 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 11-16-4 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 mal(e a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, 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 tem1inated by the City Council, the commitment shall be binding on the ovvner 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, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 ) Page 10 hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 8.15 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 8.15 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: 1. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. 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 shall be shown on the site plans. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 11 / Department. The applicant shall not be required to tile the Eight Mile Lateral. 3. Any existing domestic wells and/or septic systems within this project shall 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 landscaping irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5~2.K. 5. Minimum frontage for lots in an R-4 zQne is 80 feet. Lots 1,3,4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taldng the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 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-4) Low Density Residential District, and Meridian City Code S 11-7-2 C. 5. Subsequent to the passage of the Ordinance provided for in section 4 of 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 12 zoning ordinance. 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 is a person who has all 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 !j1k- day ~I-- ROLL CALL of ,2001. COUNCILMAN RON ANDERSON VOTED $ t:L. COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED */f..- COUNCILWOMAN CHERIE McCANDLESS VOTED~t:i.-- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 ) ( - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g--8-&( VOTED MOTION: &- APPROVED:-7 DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByA~~~~ City Clerk I' Dated: #-- t!-tJ / \\NPA_NTS40_PDC\SERVER_Z\Work\M\Meridian\Meridian l5360M\Staten Park Sub o 12\AZFfClsOrdeLdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 ) Page 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR STATEN PARK ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) N. BLACK CAT ROAD AND W. ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) BY: D'ALESSIO BUILDING & ) DEVELOPMENT, INC., ) APPLICANT ) ) CIC 07/17/01 Case No. PP-OI-OI2 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 3,2001 and continued until July 17, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having received a report from David McKinnon, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION 1 (PP-OI-012) I "PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N, R1W, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARYDWG, DESIGNED BY: K.S., DRAWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT & ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC., DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 2 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to a~~ommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance "with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: STATEN PA1UC SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PA1UC SUBDIVISION / (PP-OI-012) 3 GOVERNMENT LOT 4, OF SECTION 3, T3N, RIW, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARYDWG, DESIGNED BY: ICS., I?MWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC., DEVELOPER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N, RIW, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARY. DWG, DESIGNED BY: ICS., DRAWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 4 DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: I. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Water service to this site shall be via extensions from existing mains in Ustick Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The lots within this development shall be subject to applicable latecomer fees. 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 developer1s expense. Typical locations are at street intersections and/or fire hydrants. 5. The Planning and Zoning Commission supports the development features of the subdivision, including the walking path adjacent to Eight Mile Lateral. Deed restrictions shall be required for all lots adjacent to the pathway to limit the height of fencing to no more than four feet high. Fencing within 20 feet of rights-of-way may not exceed three feet in height. 6. Applicant shall be responsible to construct permanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Five percent (5%) common open space is required per City Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 5 ( 12-13-16. The Planning and Zoning Commission believes the proposed plat conforms to this requirement. However, no calculations were submitted with the application. The applicant shall verify the actual area provided. 8. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan shall include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treatment. No fencing shall be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall 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 shall submit irrigation performance specifications in compliance with Ordinance 12- 13-8-2 when applying for a Final Plat. 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. 10. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site (approximately 5.5 feet deep). Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 11. Submit compaction test results to the Meridian Building Department FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 6 ( for any lots receiving engineered fill material. 12. Submit a complete application for the variance for the requested reduction in minimum block length per section 12-4-5 of the Meridian City Code. The variance shall be approved prior to City Council action on the preliminary plat. 13. 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 shall be shown on the site plans. 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. The Eight Mile Lateral shall not be required to be tiled. 14. 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. IS. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1, 3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of house shall be oriented. Frontage for corner lots is determined by taldng the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Ustick 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 7 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel located 2-feet within the new rightwof-way. Coordinate the location and elevation with District staff. 20. Any irrigation facilities shall be relocated outside of the new right-of- way on U stick Road. 21. All above-ground utilities and other obstructions shall be relocated behind the required sidewalk unless specifically approved by Development Services. 22. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125-feet from any existing or proposed streets. 23. All streets within the subdivision shall be located to align or offset a minimum of 125-feet from centerline to centerline. 24. Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. 25. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION I (PP-01-012) 8 26. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. 27. Construct the turnarounds to provide a minimum turning radius of 45- feet. 28. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 29. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Meridian Fire Department as follows: 30. No parking of vehicles or trailers in cul-de-sac. 31. All roads shall be installed before building is started with appropriate street name signs. 32. Applicants shall satisfy all fire code requirements. Adopt the Recommendations of Central District Health Department as follows: 33. 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. 34. Run-off is not to create a mosquito breeding problem. 35. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 36. The Engineers and architects involved with the design of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 9 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: 37. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses along the south boundary of the proposed project. Any encroachments within the District's easement without approved plans and written approval are unacceptable. Additionally, the Applicant shall be required to comply with the City Council's action taken at their Tuesday, July 17, 2001 meeting as follows: 38. Pertaining to the issue over fencing around the pathway, the pathway which runs along the Eight Mile Lateral shall be required to have a 4' solid wood fence on the edge of the easement, and on the back lot line of the subdivision lots that abut up to the Eight Mile Lateral along the pathway, and including the lots which are on the east side of the subdivision. Additionally, the lot owners of the lots that are on the east side of the subdivision shall be allowed to install fencing along the pathway, and the fencing shall be subject to design approval from the Planning and Zoning Administrator, and additionally, the design shall be in compliance and conformance 'with the City's fence and landscape ordinances. day of ~aetion of the City Council at its regular meeting held on the <-~S I- , 2001. ROLL CALL e~ VOTED$IL- VOTED ---if!:-A- COUNCILWOMAN deWEERD VOTED~"'-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) 10 COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN McCANDLESS VOTED-!/!:-tl./ MAYOR ROBERT D. CORRIE (TIE BREAKE~ g-8--o ( Copy served upon Applicant, The Planning and Zoning Departmentinll'tllffll \,\ M Ilf Public Works Department and City Attorney. ,;.,':'~-{ Of vEri/' 1111;;._,. -J',."::... .~ ...~ v o?-Po.~ '" . '% ... -"..v '€ '.' #-f-tJt \~ 0 ~ Dated::~ .€ 7. tt;! if -:;. .'~ ~1~;t " '"(.. "". '.0 l..' ~~ ~ . ,0/)'7'1$"'< ' ~<~ "'"'I . ,'f ...L'\. ~ -('" 'f" ~ ,V!/.." \\NPA_NTS40]DC\SERVER]\Work\M\Meridian\Meridian 15360M\Staten Park Sub VAROl.009 l!bt~9bf:JJNl""'( : \\\\\\'f. PPO] -0 12\FfClsOrdPP.doc i'ilmHH~~ ,\\ VOTED By:JtJt1~R~ ~ City Clerk I' V' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STATEN PARK SUBDIVISION / (PP-OI-012) II August 3. 2001 Department Reports MERIDIAN CITY COUNCIL MEETING August 8.2001 APPLICANT Public Works Department -- Gary Smith ITEM NO. ~- A - \ REQUEST Cherry Lane Baptist Church -- Request to connect to City Water 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 attached }vir ~~~ wr /d1 vi- j/ vU . J M~ "KJ~ rr Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION) OF CHERRY LANE BAPTIST CHURCH ) FOR CITY WATER SERVICE OUTSIDE ) THE CITY LIMITS ) ) ) ) ) ORDER GRANTING APPLICATION TO PROVIDE CITY WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE s 9- 1-16] The above entitled matter coming before the City Council on the S t!::. day of /1u? u .yt- , 2001, and Gary Smith, Public Works Director, and the Applicant, Cherry Lane Baptist Church, appeared and testified, and the Council being fully advised finds and orders as follows: 1. Cherry Lane Baptist Church, is the owner of the real property described in Exhibit "A" attached hereto and hereinafter referred to as "Subject Real Property". 2. "Subject Real Property" is outside of the City Limit" - ~ \e City of Meridian. Cherry Lane Baptist Chruch has Ill",.] City Water to the "Subject Real ~ ,~? . . l) (J, 3. The Public Works D the application. The Public Works this application would have upon the provide an acceptable level of service tc. the City limits, of which, there is no eviu ORDER - PAGE 1 OF 4 1vidence of ~tO\ 1/ esented by ^" \ A~r' ,\'\i;~ ing of ~ ) 'ithin .d"e of that service by the granting of this application. 4. The Applicant has agreed to all of the required conditions of the provision of the service as required in Meridian City Code S 9-1-16. 5. Upon recommendation of the Public Works Director, and consent of the Applicant, it is found that it is reasonable to include as an additional condition of , granting this order that the Applicant, at such time as the real property becomes legally eligible for annexation into the City gives consent to annexation, and agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City of the "Subject Real Property". Also, as a condition of the continued providence of City Water Service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the annexation process. Additionally, the Applicant agrees to connect to the City sewer system when it becomes available to the area. The Applicant agrees to pay all sewer connection fees and any other costs involved in connecting to the City sewer system. DECISION AND ORDER Now, therefore, based upon the above and foregoing Order Granting Application to provide City Water Service Outside the City Limits, the City Council has hereby Ordered and this does Order that the City Water Service be provided to the "Subject Real Property" subject to the following conditions: 1. Prior to Service, as provided for in S 9-1-16, the City may ORDER ~ PAGE 2 OF 4 provide service from the Municipal water system to individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of these Chapters must be complied with by such special water users. The water user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The special water user shall be charged an installation charge, connection charge and a monthly user charge which shall be the same as a user within the City limits. 2. Prior to Service the Owners of the "Subject Real Property" at such time as the real property becomes legally eligible for annexation into the City gives consent to annexation, and agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City of the "Subject Real Property". Also, as a condition of the continued providence of City Water Service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the annexation process. Additionally, the Applicant agrees to connect to the City sewer system when it becomes available to the area. The Applicant agrees to pay all sewer connection fees and any other costs involved in connecting to the City sewer system. 3. That the City Attorney prepare and submit to the City Clerk the Agreement for the Provision of Water Service Outside the City Limits ordered herein. ORDER - PAGE 3 OF 4 4. The Mayor is herein authorized to sign and the Clerk to attest the Agreement for the Provision of Water Service Outside the City Limits prepared as provided in part 3 of this Order without further action of the Council. 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 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. Dated this &~ day of /Ju-qA,<-I"+ ,2001. . (j &_r(J'~J or Rotiert D. Corrie Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ::;PJ~ f1.L ~ 1iW.,..tjI.y.fp..,..l-~ , . :e? n . : ~, . , "~,,., , ~j.'". (...: '-....", t-i.'-f- ~/. ,\~ .. .0:', I'.~...' ......r. ,,~," . ..... .... 7".....-: _.,..1 . ':I.<.;.J: - -"..~ lo... '"'- ~. ~1.,'--~$:)\'.? Z:\Work\M\Meridian\Meridian 15360M\Cheny Lane Baptis~:G~S&ht&(Mh"b'& t00J't~\.vater Agmt\ORDERGrantingHookup.doc :-->,t-~";~T';-":/;:~.<:',i'~'~/; i:.'-'1"~--; t ~ By Jldk-:- ~t4-' ~ City Clerk _ - \ \. \ \H).l'.."_n'~ n-~f;". ~\\"\ .r:' .t;\,:"\,."I\,, ,\.~ ~r O. !.<.."....~." ."" t\"" . ...xl, ','. .~"'r~" (.1PO~"'}..z,..:: $""... 0'" . ''''lh ~.:;p ~o ~ . .~~ g ATTEST: ORDER - PAGE 4 OF 4 09/27/01 08:43 tt396 4806 UP ASIAN SECTION ~uua t!lJ. ell eJtft. 8~ dlUY.. 5505 W. Franklin Road III Boise, Idaho 83705-1055 Cherry Lane Baptist Church Tony & Tracey Garner 3 Acre Parcel Ten Mile Road July 25. 2001 A parcel of land slMite In ~ southwest quarter of Section 11, Township 3 North, , ". Range 1 West. BolH Mer1dlan. A_ County. Idaho. being more particularty described 8S follows: commenctng at the weat quarter comer of 881d SecJon 11; thence SOO.52'39"W. 588.49 feet along the westerly boundary of said Section 11 Ie the RHI PoInt of Se,lnnlng: Thence sao-1u45"e, 416.75 feet along a line parallei to the northerty boundary of the Stluthwest quarter of said Sectton 11; . Thence SOO~52'39"W, 316.14 feet along a line parallel to the westerly boundary of eald Section 11 to the nDrther'v boundary of the Oregon Shortline Railroad; Thence N8S028'2O'W. 416.78 feet afong the northerty boundary ofth& Oregon Shortline RGdlroad to"the westerly boundary of aid Section 11: Thence NOO-S2'391:, 311.00 feet along the Wl'!'Sterty boundary of eaid Section 11 to the Rea! Point of 8.,,1""',.,g. Comprillng 3.000 acres, more. or less. SUbject to easements or right-of-way;; of record or apparent. SEP 27 '01 09:01 396 48el6 PAGE. 03 Exhibit "A" 1 of 3 09/27/01 08;43 ft396 4806 DP ASIAN SECTION ~D04 ~. 6 eJ4.. 8~ d.nt.% 5505 W. Frnnfdln Road · Boise, Idaho 63105-1065 Cherry Lane Baptist Church Tony & Tracey Garner 7 Acre Parcel Ten Mile ReId JulV 25, 2001 A pan:eI of land situate In the southwelt quar18r of Section 11. Townahlp 3 North. " Range 1 West. Baise Meridian, Ada County\ ldahol being men particu,arlydesclibed 81 fotlowa: Commencing at the W88t quarter comer of laid SectIon 11; thence SODo52'39'W, 588.49 feel .rang the westerly boundary of said Section 11; thence 889010'45"E, 416.75 feat along a tine paraHaI to the nannerly boundary of 1he southWest quarter or said Section 11 to the RNI Point of 8erI1MIns: Thence continuina S89-1cr4S"Et 815.58 feet .'on91!llIfne parallel to the northerly boundary of the southwest quarter of said Section 11; Thence S41D1St45"E. 255.2~ feet: Thence S20045-45-e. 98.82 feet; Thence S020~1SWt 47.60 feet to the northerly boundary of the Oregon Shortllne Railroad; . Thence N8S-Z8"2cr'Wt 1,021.80 feet along the northerty boundary of the Ol1lSJon ShortJine Railroad; Thence NOO952'39~E. 316.14 feet along Ii line parallel to thewestarly boundary of said $ection 11 to the Real Point r4 a.lllnn"'g. Comprf8lng !.ooe at:hIS. more or .... Subject to nsements or right-of'-w8ya of rvcord or apparent 5~ 2? '01 09~Bl 396 49lil6 PAGE. ~ Exhibit "A" 2 of 3 D9/27101 08: 44 'ft39& 4808 UP ASIAN" 'SRCTION ------- " ", ~uU:J ~~: ~ . 00 !"<-. "'"tJ 'IQ " III VI ~- t) l..O ~ ."'" 0 . 41:10 '-\" 0 '- 'I)'" L ""''lib 0 U - "v, l2:. a . ..c.. -"'l t- O bt- tQlQ c:t:: "> lU c:: '.... - - ~. . . . " \.. ~"1a..,t'\ja .r"'"f:6l ~ 0 "'....001\0'0 :: N. 6t, Z5.00 S ...c:: ~ -= II'i ,.,: ClI:i ....: ' V) __~""'CJo" 0 - 0::; C) . rt:91r: t.\'\ ! M. 6t, ~5.00 S Cb ... . ~ IU ",dlr III ~ ~ k\ C . . .. f I ~ l;:l .0 ..... a. 0. \n1t\1t\ ~ In ~~~:'"':"'~ 1,",,\ . IrI Ie) :"'~ 11 l!E _....~~lI1la u" , .,. , 1t',1r\.....~"" Cl 0 l>> o. ~bgcb.... ...10 , ,., . r.,.~ Ct,0I tIl. 0 .... "- U,iO 01'.010 ~..... "''q' "'" 1.&1 Cl U "0 . 1Q~:t:II)~~ . 10 , t;l ;r In . .cC,. ~IQ V) - - (:) ~ ,..... OID- b,Ul - CIO~ 'IQ""' ~ 0 ::e ... II) 'lib ~ ~ 'b ~-l\;"""iI) ..... -.I-.l-'..l...J-.i .f/t"II; .00 'ur ... Z7 .. :I. tif . l"S.oo N .... AI.6r.lS.oo S .. ... pooy vi UJ I1B1 'N 51 .... '"' ~~ - ~FP ~7 j~1 09:32 396 4806 P~GE.0S ** TOTAL PAGE.05 *~ Exhibit "A" 3 of 3 r zen" Fr "'7 1\"~. 09 'lJL "Co 'i; I 0' RECORDED-REQUE~TOr ( MERJDJAN C! I ~ FC~ ~OLPU7V 0 ,-....,......e..- I.. "tJ~- q 'r I 0 2 0 2 3 4 I I /\:.\ C~rJUTY RECORDER j. J.:lV~f) P,li.V;\?~(; ....~ '.1 _ - .:. "": ,-II.., . -'"",,,: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS , THIS AGREEMENT is made and entered into this 1.1:l!:day of ,li?6rutLYj ,2002, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and CHERRY LAl'JE BAPTIST CHURCH, as hereinafter defined and hereinafter referred to as ','WATER USER", LI WHEREAS, "Water equity of certain tracl Idaho, described in E this reference incorpc hereinafter referred tc _ . law and/or in '\da, State of :d hereto and by in full, L RECITALS: 1.2 WHEREAS, Idaho Code s50~323, provides and empowers cities to establish, create, develop, maintain and operate domestic water systems; and 1.3 WHEREAS, "City" operates and maintains and develops a domestic water system; and 1.4 WHEREAS, Idaho Code S 50-1030 provides and empowers cities to acquire by gift or purchase, and to construct, reconstruct, improve, better or extend domestic water systems within or without the "City" or partially "vithin and partially without the "City"; and 1.5 WHEREAS, the "City" has enacted an ordinance governing its water system codified in Meridian City Code S 9~ 1 ~ 16; and 1.5 WHEREAS, the "Water User" is the O\VIler of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page ~ I of 9 .' 1.6 WHEREAS, the "Water User" is desirous of obtaining connection to the water to serve the "Real Property" and the "City" is willing to provide that connection to the water service to the "Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" vvillingness to enter into this agreement that the "City'sll "Ordinance" and "Policy/Regulations" which govern its water system be included as terms and conditions of this agreement and that the "Water User" provide perpewal consent to annexation of the "Real Property" in to the "City". 2. 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 othervvise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Water User": means and shall refer to and/or the person who is the ovvner of the real property. 2.3 "Real Property": means and shall refer to certain parce1(s) of real 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 together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its water system presently codified at Meridian City Code S 9-4-26, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Water System". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 2 of 9 2.5 "PolicylRegulations": means and shall refer to any City Council enacted policy and/or regulation of its water system. 2.6 "Water System": means and shall refer to the City's water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in fulL 4. PROVISION OF WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF WATER USER FOR THE HOOKUP OF THE WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Water System" connection shall be the responsibility of the "Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "PolicylRegulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance "vith LC. ~ 50-222 or any AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 3 of 9 amendments or recodification of said statute. Additionally, the "Water User" shall connect to the City sewer system when it becomes available to the area. "Water User" also agrees to pay all sewer connection fees and any other costs involved in connecting to the City sewer system. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in "accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Water User" cost, and submit proof of such recording to "Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. II. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting..party shall then have thirty (30) days after delivery of notice of default to correct the same before the non- defaulting party may seek any remedy provided for herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page ~ 4 of 9 11.3 In the event the performance of any covenant to be performed hereunder by either "Water User" 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 delav. ~ 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do Meridian City Engineer City of Meridian 600 E. Watertower, Suite 200 Meridian, Idaho 83642 PROPERTY OWNER: Cherry Lane Baptist Church 2150 W. Cherry Lane Meridian, Idaho 83642 vvith copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to AGREEMENT FOR HOOKUP TO THE CITY OF MERIDlAJ.'J'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 5 of 9 be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. 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. 'IS. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the ovvner of the property, each subsequent o\vner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor o\vner or o\vners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Water User" and "Cityll relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Water User" 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 vvriting and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S Vj ATER SYSTEM OUTSIDE THE CITY LIMITS Page - 6 of 9 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have . executed this Agreement. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Cherry Lane Baptist Church ATTEST: ~ By: ~7r7Jj( /Jl6JIL<l9-7 - / I )'us. e ~~\~ -BY: RESOLUTION NO. - By: ~,,\ -~:~9....~.t~J.'~;~.r,f.,. \t\.... ~ ~....~.. "_ ,l~ ~ 0~~: :~'~:::>:~,;:;.t\ .:;:" 0'~f;:"rl""'"P' ";', ~ .0 ('c \ "; } 01' _..,_ ,; L' " :\ :", L;'~~i.. L, ] '. .. ~, ! ,J ., CI1;Y ~,fK ,::~;/~,: .0'<' D-l;.Q;et~Xfe1:o..;f: .}..X6 -;. - " -'/" './" ., "q) I 1.'\....CJ U 1 1 ~ 1 ~. ""': t.( J ...........:\'~,..,. 16-~;", ~.... ~.:~. IljJlrot-er<' 6'') v~ eOtvftd.'.;:,~:tfirltf ~ ~:.~,:/;: 'v) ~:;,-~: _~~'. ",," ;.i.:~~~; ", ~:~j...~.,...~. AGREEMENT FOR HOOKUP TO THE'CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 7 of 9 \ STATE OF IDAHO, ) : ss. County of Ada l\""r\\'--'" --~ On this \ day of \--e:o'i \'u::L, / ' in the year 2002, before . me, La-\="e""-n -::S()..L~9J'-. , a Notary Public, personally oappeareGTD..........,~-v-......1 \'Y\'ou"0e..., and (-=-.\.\=..... ~ ~\"-'--t~_ knovvn or identified/to me to be the ~\"'-~ and VlZ,,\..L"S\O Q ~ , respectively, of the Cherry Lane Baptist Church, who executed the instrument or the person that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affL'(ed my official seal, the day and year in this certificate first above written. (S~:'.~~,;nnn'n ~:~i:72~ .... O.l'k .... .... ..,..... ~e....... ~7 ~ ... Residing at: 6h^ ^ ,: ('" _.... a. p ... ~ :-,...' v.. ~ ~ M C .. E . ~.~ ';">- '".;...." ~ y ommlSSlOn xplres: /..;)1:, -clOO~ : t. '~~'.J: ~ : :.o:t:. .. c;l .,~: ~~> ~"l , ;::. ;:!n~ · "'t- ':\ 1~ .o....~ f..., ... ~ -I... r,. ~ t/' .: ~ ~ ... ~-:..;O . t:;" :' ill! v~ -. .. c....... .. ~'" .:It;> ......... -:.>.... ""'.."] -l< ...... "''''''' ...... ...........i'.. , AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page - 8 of 9 STATE OF IDAHO, ) : ss. County of Ada ) ~~~ on. :is ~ ~ ~ day of r eta ru.a.x~ ' in the year 2002, before me, I) ~ Ct OI:Y:j 3 rId A- -tf/JI. ' a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., kno'vVl1 or identified to me to be the Mayor and Clerk, respectively, of the City of :tv1eridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS \NHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ...... ...ON S ... .~~~oT~1t&~. :~/ "<Y ~r~ . f ~ . . : I . · \ J · .. \ . . ~ .. . ' 1:;,,_.1'.' .. ..~~..:~u.m..~":~~O.. . "'~").h---..n~. .....lSQF 1>".++ ........ tS~(UJll~A~ ) Notary Pu lic for daho ..-r' . Residing at: .Ac)~ WA/lfJ Jd~l.D My CommissIOn Explfes: - 2)5- 5" Z:\Work\J\tl\lVleridian\Jv1eridian 15360M\Cherry Lane Baptist Church Connect to City Water Agmt\WaterOutsideCityAgmt.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS Page ~ 9 of 9 City of Meridian Public Works Dept. ~.eo J :.Rh^- Ot 'ye cJ'~~o :;.j ~ ::tJ ')--0.(;>'480 170, 4h.~.J;>. '<:.:t(i: 1" O-€ ~~ Memo To: Mayor Corrie From:Gary D. Smith, PE cc: file, Shari Stiles Date: 07/20/01 He: Cherry Lane Baptist Church RECEIVED JUL 2 5 200t City of Meridian City Clerk Office Mayor: The following is presented to you in reference to the letter you received from this church, which you transmitted to me 7/18/01 (copy attached). This parcel is presently not contiguous to city limits and cannot be annexed. According to Shari's mag/records the property will need to go through a property split via Ada County. Shari called the church representative and found that they have submitted to the County for a conditional use permit. A city waterline does exist along the frontage of the property and service could be made available to the property for fire protection and domestic use, subject to City Council approval. I have the authority to approve connection to city sewer and water for a use up to a four-plex. This structure. which will apparently seat 600-700 people, Will exceed my authority to allow connection to city services. During my visit with Shari about the proposed use, she stated that the site plan for this development would need to conform to City ordinances. To respond to the church's request I would suggest that this matter be placed on the next available City Council agenda for action by the Counal concerning their request to connect to city water. As they stated in their letter city sewer service is not available at this time. As we have done in the past, if approved by City Council, they will need to enter into a formal agreement with the City agreeing to future connection to city sewer and annexation to the city when contiguous. From the desk of... Regards, ." ~1 ~ otJifPPi Gaxy D. Smith, FE Publli: Wmb Director MeridianPublic Works Department 660 E. Walerlower!.are,. SuiIe200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208)887-1297 CherrsLane Baptist ell_iTch Clint Henry, Senior Pastor Ray Sparkman, Minister of Church Extension Pastor - Saturday Night Congregation Bob Gwyn, Minister of Youth 'To be and build disciples of Jesus Christ" lilfo. ~f~~ JUt, 'v~/) O-l~.f'"o I? ?Il l'- oJ;. 'Ji,s oJ;> W, ~1t1:J;.l"o-.& b.t~ July 16, 2001 Mayor Corrie and the City Council 33 E. Idaho Meridian, 10 83642 Dear Mayor Corrie and City Council Cheny Lane Baptist Church is negotiating to purchase a 10-acre parcel of property near the southeast comer of Pine and Ten Mile. The property has approximately 325 feet of frontage on Ten Mile beginning at the railroad tracks and proceeding north along Ten Mile towards Pine Street. It would be our intention to build a church facility capable of seating approximately 500-700 people on this property. We would utilize Type 3 construction for this facility. It is our understanding that this property is outside of the Meridian city limits. In addition, it is our understanding that city water runs down Ten Mile in front of this property and that city sewer is not yet available in this area. We have had discussions with the Meridian fire marshal regarding the fire protection system that would be required if we build a church on this property without access to city water. As I'm sure you are aware the requirements for such a system are quite extensive. . -""':","-- - "'." . "'. '- - - "-- '-. We would like to discuss with you thepossibifitYofcO~nE!Cting to the city water supply that is available on Ten Mile. We are willing to pay for the installation ofcifire hydrant and to follow alf applicable city fire protection requirements including the installation of fire alanns and sprinkler systems. We would not use city water for irrigation of the property. Drinking water for the facility could be provided by the city water supply or, ifnecessary, by a well. ~;/ cI '._-'._-:.>\,0:, ." . , .. Finally, we are willing to tie into the city sewer system as soon as it is available in this area. Once this is done we assume that the city would want to annex us into the city. This is acceptable to us and we will support your efforts to do so. "i":'" .--.'0"->:'.<-1 ..C _.,'" . ,,-,-,,-,-,. . '-O,"'_,.:-c: If you have any questions or need further infonnatio~lll~ase contact me at the following numbers. . '.".-", 867-0122 (Cell), 887-4809 (home), 3.96~7112 (work)'.;., -,-- '., '.' .., -'.", ,~:;. ",'-' , Thank you for your consideration of this matter. Sincerely, ~ Tommy Mou r (for Cherry; ane Baptist Church) ~O(t... 3qlp~ 1/1) l-ro.w. '1>(1-- ~'&Oq 2150 W Cherry Lane Meridian, Idaho 83642 Lo." Ii .ro.... 1. CJw.rc.h ~. ~/'ld1 tD(,\. T 't~'6 -~q I '?, &u.~ ma:e SJ1frJI'Wn 3?r~ttl3S Phone (208) 888-4189 Fax (208) 895-8968 ~' '..." /n t : .~ . EASEMENT f\lOTARIZATION IiVDlVIDUALS Those parties having any interest in real property should, as owners, contract buyers, or leasehold o\vners, sign as individuals. They should use their full name and middle initial if normally used. An individual who owns real property, has remarried and is taking another party's name, should sign as follows: first name, middle initial (if used), last name as o\\l11ership so indicates, and the last name currently being used. (Example: Susan B. Anthony ovvns real property, just married Edward J. Dollar, and is planning to use bis last name. Papers that s~(e signs pertaining to her real property will now be signed "Susan B. Anthony Dollar".) The notarization of individuals should be done by listing each name independently on the Notary certificate. Idaho Power Company easement forms have this certificate on the front page. CORPORATI01VS The authorized personnel of corporations and companies would sign as officers; Le., President, Vice )resident, etc. Only one officer needs to sign, but the Secretary, Treasurer, or assigned party needs to attest the :ignature. The notarization of these people is done by listing their individual names and titles \vithin the company IT corporation. On Idaho Po\ver Company's easement form, the Corporation Notary Certificate is located on the 'ack. A corporate seal is optional, and when used should be affixed near the signatures on the easement form. )ART.1VERSHIPS A partnership is two or more parties having an interest in real property. Normally, any person named in le partnership can sign the instrument. If the partnership has a name, each partnership having an interest should gn his/her name and their title on the instrument. The partnership name should b written at the top of the .Strument. llen notarizing partnerships, on of the four procedures should be followed: Vlhen names are used in the partnership, they will be notarized as individuals and behind each name ould be the statement "A Partnership." If a partnership has a name, the Notary should indicate the name and notarize the individual's name as a partner (i.e. Elizabeth Q. Bee, Partner, Beehive Partnership). General partnership - anyone of the partners may sign. Limited partnership - at least 50% of the partners must sign. The signatures are notarized on the front ofIdaho Power Company easements if a Partnership Notary rtificate is unavailable. Idaho Power Company UNDERGROUND POWER LINE EASEMENT and Grantor(s), of County, State of Idaho, do hereby grant and convey to IDAHO POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One DoJIar and other valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual easement and right of way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines, over, through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power lines, and the further right to remove trees, bushes, sod, flowers and shrubbery and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines, over, on and across the following premises belonging to the said Grantor(s) in _Ada County, State of Idaho, in the following location, to wit: A strip ofIand 20 feet wide and being 10 teet on each side of a centerline lying within the NE y.j of Section 24, T 3N, R I W, B.M., being a palt of Lot 2, Block 8 of Bear Creek Subdivision No.1, as shown on the official plat thereof now on file and ofrecord in the Office oftlle County Recorder of Ada County, State ofIdaho, the centerline of which is more pmticularly described as follows: Commencing at the Center y.j Comer of said Section 24; thence N 005 I '53" E 380 feet; thence S 89008'07" E 25 feet to the Real Point of Beginning; thence continuing S 89008'07" E 120 feet to the Point of Terminus. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part ofwhich may extend above ground, necessary to serve electric power to these premises and adjacent premises. Executed and delivered this day of ,19_ STATE OF ) ) ss. ) County of On this_day of ,19_, before me, ,a Notary Public, personally appeared and and, to me personally known, who being duly sworn, did say that they are respectively, the President and the of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. Notary Public, residing at Commission expires 19 , - (Notarial Seal) 27091396 -'- , i <- '" j L~ , j 0 n ;>;~ - ... I ....... e North I ~ . -.I.. W. POLAR BEAR ORIVE wr" F-67 U) -- .. 65K C:>I.r /' ~ (j) -; 5B-1 0 '" PR-1 s: 0 :; 75 A 0 () ~ ;>; - :r> UNDERGROUND CABLE NOTES :::tJ '" 0 :::tJ CONDUIT STATION SIZE CABLE LENGTH TRENCH SIZE LENGTH 0 "I F-69 - MW-22 D 190 F-69 - MW-22 0 190 135 4 135 I F-69 - MW-22 0 190 fI1' MW-22 - meter ~ trench 4" conduit 4sr35 #1 P. F-69 ./ot >';;,.''':'>.-.~'' - i"i:c 5' 30' 45' 25K '~';"ww "='1lJ!. In MW-2 0 150 3 ~ DETAIL 0 C.T.'s r\r- TR NSFQRMER PAD ~T no\" F-69 ------ t.:!:!J - - - - - - - - - - - '-- CENTES. ~ - s: <;: ;;; - ~ BLOCK a ... ;:: ! Q SECTION 24 \. r-........... BEAR CREEK SUB. - I . ~ . '" '" '" .- 0 (- BLOCK 10) W. KOOIAK OR. n )/. ;>; F-68 - ~ "'-------. ~ - -- - / >=1- '" .,. ,,,.,.......-.-_.~~,.~-.,-,- .~~ r. ~ -. f,!; . .'. <~.~ I ~-" ;;; ~~ 1 I r 0 a; ;;; ;;; C ~r::l - , t I el ~ . , - " . ~_'Hl ~.,m"~.c.. _ - ---._- Customer: Dote: R; Tox 0 OJ, Type POle/ Wire Feeder JOB INF!{?f"(!fA TION I Code KV. U Trench Ft. Ft. Ft. AutoCAD Jab Title CITY OF MERIDIAN PassPort Description U.G POWER TO WELL 1/22 0 BEAR CREEK Additional Description 277/480 150 H.P. 3-PHASE VOLT Quo;ont IT 003hiP Range I Section I Meridian DE SIGN 01 24 8.M. Planner: geb2564 Date, 7/16/01 State Cou nty Region: wid Job Type: 45 ID ADA Location ID: MRDN 13A MAPPING Design No: 21874 Ver. No: 02 Mop File Nome: 2030124 Work Order No; 27091396 Record AsBuilt By: GEB;ch. Canst. Dote: Feeder Mop File Name: MRDN1302 CONS TR UCTION Record Mop By: Date: Canst. Volt: 12.5KV Oper. Volt: 12.5KV Feeder Map By: Dote: Tellus Mop By: Dote: Const. By: Built os Designed: Tax Entered By: Dote: Canst. Dote: IDAHO POWER CO. WORK ORDER MAP SCALE: 1":.:: 200 Sheet ~ Of ~ " GARY D. SMITH. P.E. Public Works Director CITY OF MERIDIl...~ PUBLIC WORKS / BUILDING DEPARTMENT MAYOR ROBERT D. CORRIE BRAD R. WATSON, P.E. City Engineer August 1, 2001 COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS Tad Holloway & Jennifer Lovan-Holloway Cherry Lane Recreation, Inc. 4200 W. Talamore Blvd. Meridian, ID 83642 RE: Proposed Storm Drain Pond by Brighton Development Ashford Greens No.5 Dear Tad & Jennifer: I understand that you met with Jon Wardle and Pat Hurley of Brighton Corporation on July 31, 2001. You discussed the location of the Storm Drain Pond for Ashford Greens No.5, which is proposed to be located along the southern edge of the NO.9 fairway. Mr. Wardle indicates that you went out on site to verify the location of the pond, and that you were agreeable with the new location. I realize you are extremely busy operating the golf course, but I would appreciate it if you would verify your approval of the proposed location and future easement by signing in the space provided below and returning to me by the end of Monday, August 6. Enclosed is a copy of the pond location, dated July 31,2001. The easement and exhibits are being prepared and will be forwarded to you as soon as I receive them. By signing, I understand your position to be that you have reviewed the proposed storm drainage pond location for Ashford Greens No.5, and have no objections to the City of Meridian granting such easement to Brighton Corporation. By: Date: Title: Firm: Cherry Lane Recreation. Inc. Please call if you have any questions. Thank you for your attention to, and cooperation in, this matter. Sincerely, ~&J~ Brad Watson, P. E. City Engineer Enclosures (Proposed Ashford Greens NO.5 storm drainage pond, dated July 31, 2001) cc: Gary Smith, PE, Public Works Director/File Jon Wardle - Brighton Corporation \\meridian3\shared\public works\project correspondence\subdivisions\ashford greens no. 5\holloway.pond easement.8-1-01.1tr.doc 660 E. Walertower Ln., Suite 200 Public Works (208) 898-5500 Fax (208) 887-1297 Meridian, [daho 83642 Building (208) 887-2211 .'" dl <--::2 --1IL r; r-' ~ 0 w If) --.J <C II U if) :: ..- C-, Co:::' C"'-...~ 0} U} U} W ~lD <(I- -lW wW >:1: <((I) cr..J 0- <( wI- OW 3:0 w - w ~(I) ~ So: ~ o .0 "'<t lD N N II I ;= 0... 0 I- I o u~ 0::0.. I- o "'<too o . 0;;) t()+ lDlD N~ o 0:: I- \f) t ~ ~ ~ U\~ ~ . ~ l~ffi \: ~.. - 1 to I I 0 \ W -.. Z 0... t\\ I 0 0::: , \ 0... cr ~ CfJ<( W @~ I ,q- 0 Ww I '-' Wcr <C >0:: ~<( W Z -i> 00 <C ua zz u -0 ~ ,/' 0... tno... ~(O Xu... Wa = z Il)- Ww ~:::2; t-o "":W <- 00 ..JD aU} 005 ..Jt- w;:J .0 0::0 lDo:: No... ..J~ ..IN <(I'- I- . [f}O ~@ ....J "'<t LL 0 mil) N 0:: [() , t- , - '<t m OlD m Nll1 '<t + '<t o ' y Il)lO 111 .N om N ~ N If) + t()"'<t N~ 0 cr 0 t-m 0:: I- ......lfl (0 I I N ' <"11l1 ,m m " f om ,m lfl + 00 Il)I"') 10 + N ~ 10<"1 N_ @ ~I ml~ :Jl . . OJ 01"--- .;;:- I I ,v"'c Lx.---- ~ z o i= U w Ul .!':;~ ;"'.;f_ ! , :1 , , . i :; i if \ .' j- " . I J Ashford Greens Sub. No. 5( T. 3N., R.1W. Section 3 '. (Space reserved for Recorder's use) STORM WATER DRAINAGE EASEMENT This Storm Water drainage Easement ("Easement") is made as of the _ . day of , 2001, by and between CITYOF MERIDIAN, an Idaho Municipal Corporation (hereinafter "Grantor") and 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 and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Grantor is developing a subdivision in Ada County, known as the Ashford Greens subdivision, and the preliminary plat of the future phase of such subdivision has been reviewed by ACHD. When the final plat is approved by ACHD and recorded, a public right-of-way for streets and related improvements, including drainage easements, will be dedicated to ACHD. When the streets and related improvements are constructed by the Grantor in the right-of-way, and ACHD has accepted the same, they will become a part of the ACHD system of highways. 1.3 The storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction, and enhancement thereof. STORM WATER DRAINAGE EASEMENT - Page 1 (rev. 02/19/01) Section 2. Grant of Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement of the same (hereafter "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 by Grantor or Grantor's successors or assigns to . the underlying title thereto 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 Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the obligation of Grantor. Section 3. Construction: Acceptance; Repair and Maintenance: Grantor Indemnification: Contractor Warranties. 3.1 At Grantor's sole cost and expense, Grantor shall construct and install the storm water drainage system on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Grantor shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given Grantor, ACHD has accepted the storm water drainage system as constructed and installed by Grantor, ACHD shall maintain and repair the system thereafter, at its sole cost and expense. 3.3 Grantor shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Grantor shall indemnify and save and hold harmless ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the failure or neglect of Grantor to properly construct and install the storm water drainage system. STORM WATER DRAINAGE EASEMENT - Page 2 (rev. 02/19/01) Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system as constructed by Grantor, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. Section 5. Term. The term of this Easement shall commence upon the date of the recording thereof, and continue in full force and effect until: (I) Grantor records a final subdivision plat covering the Servient Estate which includes a dedication of an easement to ACHD serving the same purpose as this Easement, and (ii) ACHD has accepted for maintenance the storm water drainage system on the Servient Estate as constructed and installed. Upon the occurrence of such events, on request of Grantor, ACHD will execute and deliver to Grantor a release of this Easement. ) Section 6. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7. Attornevs 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 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. STORM WATER DRAINAGE EASEMENT - Page 3 (rev. 02/19/01) ( Section 10. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery selVice (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 ACHD: Ada County Highway District 318 East 37th Street .Garden City, Idaho 83714-6499 Section 11. 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 and year first set forth above. CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council on: ADA COUNTY HIGHWAY DISTRICT William J. Schweitzer, Director STORM WATER DRAINAGE EASEMENT - Page 4 (rev. 02/19/01) STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2001, before me, , a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie, known or identified to me to be the Mayor and William G. Berq, known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such . Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th.e day month and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2001, before me, , a Notary Public in and for the State of Idaho, personally appeared William J. Schweitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed this instrument on behalf of said District, and 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 and year first above written. Notary Public for Idaho Residing at: My commission expires: STORM WATER DRAINAGE EASEMENT - Page 5 (rev. 02/19/01) AA't / ~J,~j' S.n we.r ,c-,'I/f;> ,/Ff, Ie J"I' 'Ii! J " SANITARY SEWER EASEMENT '11-' g.... \ '( '2..0.0 \ THIS INDENTURE, made this K day of fI. '/ember, 26etJ between Leonard R. Huskey, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREf\S, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: SANITARY SEWER EASEMENT, Page 1 of 3 1. The Grantee will retain and/or replace all fencing and gates damaged by construction activities. The gate onto Ten Mile Road will be replaced with a minimum of 18-foot wide swinging gate. 2. All farm equipment and construction materials within the construction area will be moved once and orderly placed in an area timely designated by Leonard Huskey or his designee. The designated area will have reasonable access for such placement. 3. If fencing within the construction area is containing livestock, temporary fencing will be constructed and maintained to contain the livestock. 4. The area between the existing access road south of the Creason Lateral and the Five Mile Drain will be rough graded to generally drain from north to south, no new soils will be imported, and the area will be planted once with a seed mixture specified by Leonard Huskey or his designee. Leonard Huskey or his designee will provide all watering and other maintenance necessary after the area is seeded. Do to the existing gravelly soil conditions, the Grantee does not warrant the seeding viability 5. Fill material as a result of excavation for the proposed sewer, will be stockpiled (end dumped) at locations staked by Leonard Huskey or his designee on the south side of the Five Mile Drain. 6. Two manholes within the easement area will be constructed with an 8-inch sewer stub-out. 7. The existing and draft updates of the Grantee's Comprehensive Plan indicate a pathway system along the Five Mile Drain. This will guide land use to open space that could possibly be counted toward open space requirements if the land is developed. The Grantee agrees that the Comprehensive Plan will not be changed relative to this property and the potential pathway system. 8. The Grantee is responsible for coordinating all construction activities and repairs associated with the Creason Lateral with the governing irrigation district. The Grantor assumes no responsibility in the Grantee's repair work of the lateral. THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 2 of 3 in ~~ IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ~mJltM-hr/ Le ard R Huskey STATE OF IDAHO) ) ss County of Ada ) l~1 On this -f? day of .:T'..( '1 , 2G9El, before me ~'o ~. u.h~"'ey , personally appeared kou~ f... I-\-",,'K.c-V 1 proved to me on the bases of satisfactory evidence to be the per$on whose name is subscribed to the within instrument, and acknowledged that he executed the same. ~UJ~ NOTARY PUBLIC FOR I My Commission Expires on (; - 1-01 , -.f,l~~~UO~c~ ,.,. F:~I> ."'.... x\.:! 0 ';:J"~;~ ,~ .1 U. ... I v," .... ,^ 'IIIij, t100QgD.~ t.{.. fy "'~.;I'~ .:- 00'" 011I DO ,( '" ~.. Oc f)) ~ .. .. '1Gn ., .. .. <II ')\ U c/ e ,:, 'b II- (I ~ ~ . ~ p =- ~ Z ~Cr~ : JF- : - Q ~ ~ - . J \ 0 ~ :. · ~I ~v . 0\'" '" .. -:,. 7' .0. ...L -c.(r;c ~. D F -:., vJ:1 .0 or;. ~ .:: ,. .v. .." o~a ,.....,... ", y ...... ,"\\. " ',' S' / "'\ . ~ '-> ,,\' "'t II ::> fO'/,..<o"~ ~C'fCHHG~~ SANITARY SEWER EASEMENT, Page 3 of 3 ( GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Added Page 4 Five Mile Trunk Relief Sewer . ..-----::----- . ("" J.U.8 ~ ~ Engineers Surveyors Planners Project: Date: Revised: Parcel No. Grantor: 5 Mile Relief Sewer (11616-03) April 7, 2000 May 17, 2000 50435325600 Leonard R. Huskey CITY OF MERIDIAN EXHIBIT "A" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the Southwest l.4 of Section 35, TAN., R.1W., 8.M., Ada County, Idaho, for the purpose of a"32-foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of the fallowing 'described line; . Commendng at a brass cap marking the Southwest corner of Section 35, TAN., R.1W., B.M., Aaa County, Idaho. From said cap, a Yz" iron pin marking the West y.. corner of said Section 35 bears North 00053'21 " East, 2,643.52 feet; thence North 00053'21" East along the Westerly boundary of said Section 35, 1,153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on the existing Easterly right-at-way of Ten Mile Road. Said point being the REAL POINT OF BEGINNING, hereinto referred to as Point "A"; thence South 59052'40" East, 466.70 feet to a point; thence South 80021 '43" East, 412.45 feet to a point; thence South 80033'17" East, 446.64 feet to a point; thence South 80029'11" East, 37.59 feet to a point of terminus on the Easterly boundary of said parcel. From said point, the Southwest corner of said Section 35 bears South 59057'02" West, 1,537.51 feet; Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH: Three temporary construction easements more particularly described as follows: EASEMENT NO. 1 A 25-foot wide temporary construction easement being 25 feet Southerly and coincident with the Southerly boundary of above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION @ 'IJ. 1,..-... I;Olit seCT .;J3 "EXHIBIT ..w CITY OF MERIDIAN MERIDIAN 5 MILE RELIEF SEVER EASEME GAl. It I'ORrp:w fF rtt: $V Vol. SEtt :):s. T..ut. IUv.. 1M.. o\DIo co..ay. J:D.IH;I .(IB In llGI6-ilJ $>U"T .L ~ _L I (LEONARD R. HUSKEYI PARCEL NO, S0435325600 1IRAVH IYo l.H.K. CK'D Jr. ST A" S8Si1'06'39~~ 25.00' 32' PERMENENT SEWER EASEMENT N 1 T R.P.O.B. POCfH.A- LEGEND ~ 25" TEMPORARY CONST EASEMENT [/U/""U~ 10' TEMPORARY CONST EASEMENT -- s - - - CREASON LATERAL EASEMENT 5 MILE: DRAJN EASEMENT C/l EASEMENT UNE EXISTING SANITARY SEWER LINE ,3=-","1 "'" SCALE, J<"IOO' I~:. I ".-; "'''' 8= '" --- - -- - --- - __J L .- .~ s:.... c:.=.~ 'SCCT -':=' ~TJC.. NOA:D ---- ~ _ ,:..:5-1'.51 ---- --- SANITARY SEWER EASEMENT -o~ g.....\'f ~\ THIS INDENTURE, made this JL day of f'. vomber, 26et1 between Leonard R. Huskey, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "N' AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: SANITARY SEWER EASEMENT, Page 1 of 3 1. The Grantee will retain and/or replace all fencing and gates damaged by construction activities. The gate onto Ten Mile Road will be replaced with a minimum of 18-foot wide swinging gate. 2. All farm equipment and construction materials within the construction area will be moved once and orderly placed in an area timely designated by Leonard Huskey or his designee. The designated area will have reasonable access for such placement. 3. If fencing within the construction area is containing livestock, temporary fencing will be constructed and maintained to contain the livestock. 4. The area between the existing access road south of the Creason Lateral and the Five Mile Drain will be rough graded to generally drain from north to south, no new soils will be imported, and the area will be planted once with a seed mixture specified by Leonard Huskey or his designee. Leonard Huskey or his designee will provide all watering and other maintenance necessary after the area is seeded. Do to the existing gravelly soil conditions, the Grantee does not warrant the seeding viability 5. Fill material as a result of excavation for the proposed sewer, will be stockpiled (end dumped) at locations staked by Leonard Huskey or his designee on the south side of the Five Mile Drain. 6. Two manholes within the easement area will be constructed with an 8-inch sewer stub-out. 7. The existing and draft updates of the Grantee's Comprehensive Plan indicate a pathway system along the Five Mile Drain. This will guide land use to open space that could possibly be counted toward open space requirements if the land is developed. The Grantee agrees that the Comprehensive Plan will not be changed relative to this property and the potential pathway system. 8. The Grantee is responsible for coordinating all construction activities and repairs associated with the Creason Lateral with the governing irrigation district. The Grantor assumes no responsibility in the Grantee's repair work of the lateral. THE GRANTOR hereby covenants and agrees that they will not place or afJowto be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 2 of 3 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ~m.lIwJ}'-1~ Le ard R. Huskey STATE OF IDAHO) ) ss County of Ada ) 2 (4)[ l'\ . On this f ~ day of .::r~( 'f , 2900, before me L~''l.IlO rz. .l.A.h~""e,/ I personally appeared ko..:.~ f... 1~!),,1C.<...y , proved to me on the bases of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. ~&d~ NOTARY PUBLIC FOR I My Commission Expires on ,- 1-0-/ ..';;~1'.1 t~i:::;C{Ji; iJ,';'t;.. v" '0 Vl'~ _.... r;1.::J., ~ -'f'.. .... -<. u.). '-<.["' I;,...,....~ oQQOQQ~.c p.,. "'~,)'l. ~~ 0 GO~ ~~~ (( i-"'~.. :r r'JJQ r'!: cr ~t!l -t) -~ ... ~ ')\ \ u n ~f to '., I';::l:o ... it E.;lI Iii': !) ('0 ~ :: ~ ~ ~e~ % Jf ';; :: : ~ ~ ~ .....-{ <rv . 0\-\ /; ?i ~ -.,-- a. ..L _...<~ .. t:::'. ~~ ~.; '>1 OQ p ocJ ~ ;.~ ~.... . Vt~ ~.oog,.oQ';O r\ '\ '> ..~ ~ ""'0 '-> ~ ,,> """" <.J l/~t . S ~<..;~ i/1J31;1~ C ~ U ~ i!. ~ ~~'G,\\.... SANITARY SEWER EASEMENT, Page 3 of 3 GRANTEE: CITY OF MERIDIAN -[) , c::==' Approved By City Council On: Au ust 8 2001 SANITARY SEWER EASEMENT, Added Page 4 ..., !: - ~ Five Mile Trunk Relief Sewer ',-----::: ----- . ~ J.U.8.A ~ Engineers Surveyors Planners Project: Date: Revised: Parcel No. Grantor: S Mile Relief Sewer (11616-03) April 7, 2000 May 17, 2000 50435325600 Leonard R. Huskey CITY OF MERIDIAN EXHIBIT "A" A 32' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in the Southwest V4 of Section 35, TAN., R.1W., 8.M., Ada County, Idaho, for the purpose of a 32-foot wide permanent sanitary sewer easement lying 20 feet Southerly and 12 feet Northerly of the following described line; . Commencing at a brass cap marking the Southwest corner of Section 35, TAN., R.1W., S,M., Aaa Count.y, Idaho. From said cap, a W' iron pin marking the West !4 corner of said Section 35 bears North 00053'21" East, 2,643.52 feet; thence North 00053'21" East along the Westerly boundary of said Section 35, 1,153.21 feet to a point; thence leaving said Westerly boundary South 89006'39" East, 25.00 feet to a point on the eXisting Easterly right-of-way of Ten Mile Road. Said point being the REAL POINT OF BEGINNING, hereinto referred to as Point "A"; thence South 59052'40" East, 466.70 feet to a point; thence South 80021 '43" East, 412A5 feet to a point; thence South 80033'17" East, 446.64 feet to a point; thence South 80029'11" East, 37.59 feet to a point of terminus on the Easterly boundary of said parcel. From said point, the Southwest corner of said Section 35 bears South 59057'02" West, 1,537.51 feet; Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION TOGETHER WITH; Three temporary construction easements more particularly described as follows: EASEMENT NO.1 A 2S-foot wide temporary construction easement being 25 feet Southerly and coincident with the Southerly boundary of above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description. END OF DESCRIPTION @ ?'~'"~"--- '~~'~""-,",.' --"__n-::::..__._~...__... ~. ~_._._. ,_,,__,,_... .__"'____.. _ ~.__ .__ CITY OF MERIDIAN MERIDIAN 5 MILE RELIEF SEVER .. "-- ---- .-.- .. ----... r '-I.~ ~<'" ;;i:::II:~ :;:C:::T :l:::I r TXHIBIT HB" DRA....~ BY, L.HK CK'D BY, STAn- EASEMEI IL>"ONARD R, HUSK>"YI PARCEL NO, S0435325600 LEGAL. ... flCWTI.JJN CF' TJ.iE: S\I :,~. SCC;1DH .JOB NO. H616-Q.3 J::5. r.~.... RJV.. BJol.. AnA Co..rt.lTY. JtlAHtl SHoET L_ OF _L LEGEND N. Jt T S69"06"3'l"t 25-.00' ~ 25' TEMPORARY CaNST EASEMENT 10' TEMPORARY CaNST EASEMENT 32' PERMENENT SEWER EASEMENT CREASON LATERAL EASEMENT S M!l.E DRAIN EASEMENT elL EASEMENT UNE EXISTING SANITARY SEWER LINE ........ ~.... I' 1'.."........., -- s ,"" iF o ~oo SCALE, 1'=100' -----------..... -nw , "'1c... "" SBQ'29'1t~e J7_S~' '" , . .~ N ~~ 0- '" ---- -__J L ---- :;;I.J C::!iO: SE:C-T 3;& 1,J;:'rtCI< FlCAD ------ ~ ~ _ 15:)7,5\ -- -- f ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN MURDOCH SUBDIVISION (FORM:ERL Y REFERRED TO AS DEE JAY SUBDIVISION) AND AGREEMENT FOR PRESSURIZED URBAN IRRIGA TION SYSTEM (PUIS) WITH RESTRICTIVE COVENANTS RUNNING WITH THE LAND TO INCLUDE MURDOCH SUBDIVISION NO.2 1. DEFINITIONS. In this Agreement certain words appear which have the following meanmg: "Owner" or "Owners" means Howell-Murdoch Development Corporation, an Idaho corporation, and the City of Meridian, the owners of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Addendum. "District" means Nampa & Meridian Irrigation District. "Addendum" means this written and signed Addendum (contract) the Owner and District have entered into for the work to be done. "Agreements" or "Prior Agreements" means the written and signed Agreements (contracts) Howell-Murdoch Development Corporation and District have previously entered into pertaining to Murdoch Subdivision (formerly referred to as Dee Jay Subdivision). 2. STATUTORY AUTHORITY. This Addendum is made under the authority ofIdaho Code 9 43-330A through 43-330G. 3. PRIOR AGREEMENTS. Howell-Murdoch Development Corporation, an Idaho corporation, and Nampa & Meridian Irrigation District have entered into a Construction Contract for Pressurized Urban lITigation System in Dee Jay Subdivision on the 21 st day of March, 2000, recorded ADDENDUM TO CONSTRUCTION CONTRACT - Page J \ on the 23rd day of March, 2000 in the records of Ada County, Idaho as instrument number 100021773 and Agreement for Pressurized Urban Irrigation System (PUIS) with Restrictive Covenants Running with the Land as to Dee Jay Subdivision on the 21st day of March, 2000, recorded on the 23rd day of March, 2000 in the records of Ada County, Idaho as instrument number 100021772. The parties have further entered into an Addendum to Construction Contract for Pressurized Urban Irrigation System in Dee Jay Subdivision and Agreement for Pressurized Urban Irrigation System (PUIS) with Restrictive Covenants Running with the Land as to Dee Jay Subdivision on the 20th day of June, 2000, recorded on the 26th day of June, 2000 in the records of Ada County, Idaho as instrument number 100049526. The parties hereto hereby incorporate the terms of the Prior Agreements into this Addendum by reference. The parties further affirm as unchanged the terms, conditions and requirements set forth in the Prior Agreements except as a result of the provisions of this Addendum. This Addendum and the Prior Agreements shall be binding on every lot in Murdoch Subdivision No.2 and shall run with the land. 4. PROPERTY COVERED BY THIS ADDENDUM. This Addendum is intended for the benefit of those lots in Murdoch Subdivision No.2. Approximately ten (10) acres of the property is owned by Howell-Murdoch Development Corporation and it to be subdivided. Approximately ten (10) acres of the property is owned by the City of Meridian and will be kept as one parcel. The purpose of this Addendum is to add Murdoch Subdivision NO.2 to the terms and conditions of the Prior Agreements described in paragraph 3 of this Addendum. Murdoch Subdivision NO.2 has not obtained final plat approval. A legal description for Murdoch Subdivision NO.2 is attached hereto as Exhibit "An and incorporated herein by reference. Owners intends to record the final plat for Murdoch Subdivision No.2 with the appropriate authorities. However, in the event the final plat is not recorded, or otherwise not approved within one (1) year from the date of this Addendum, this Addendum shall be null and void. In the event the final plat or legal description is altered from the legal description attached hereto as Exhibit "An, this Agreement shall be null and void unless an addendum to this Addendum is approved by District. 5. PUMP STATION. The pump station to serve Murdoch Subdivision NO.2 is located in Murdoch Subdivision No.1. It is understood and agreed by Owners that the capacity of the irrigation pump(s) and facilities will be sufficient for delivery of pressurized water to all lots in Murdoch Subdivision No.2 as well as all other existing subdivisions served by the pump station. In ADDENDUM TO CONSTRUCTION CONTRACT - Page 2 the event the pump(s) or facilities are not sufficient to adequately serve Murdoch Subdivision NO.2 and the existing subdivisions, Owners agree to supplement and/or correct the operation of the pump(s), pump station capacity and facilities to the satisfaction of District so that the pump(s) and facilities will adequately serve all existing subdivisions, including Murdoch Subdivision No.2. 6. START OF WORK TO COMPLETION. Owners will begin the work within 120 days after the date of this Addendum. However, Owners must first obtain the necessary insurance and permits. Owners will work through to completion, and shall complete the work in a timely maimer, subject to delays permitted under this Addendum. When Owners finish any segment of the work, District has the right to notify Owners in writing of any defects it finds. District shall not be required to appr~ve and accept the pressurized irrigation system, and place it in service, until all defective work has been corrected by the Owners. Owners will work through to completion, and shaH complete the work prior to March 15, 2002, subject to delays permitted under this Addendum. This Addendum shall be null and void, at the option of District in the event construction is not completed by March 15, 2002. 7. APPROVAL OF SYSTEM. District will approve the pressurized irrigation system to be installed in Murdoch Subdivision NO.2 only if it meets the specifications and requirements of District. Until District approves the system to be installed, the property shall not received any irrigation water from District through the pressurized irrigation system and pump station. 8. USE OF WATER BY CITY OF MERIDIAN. The ten (10) acres owned by the City of Meridian will be provided a number of water service taps to be approved in advance by District. The City of Meridian will only be entitled to use the irrigation water which is allowed by its water right for the property. Since the property owned by the City of Meridian will be kept as pne large parcel, the irrigation water to be used by the City of Meridian may be required to be rotated or otherwise scheduled so that all users of the system have adequate water at all times. The City of Meridian will cooperate with District in use of water so that the system works properly for all users. 9. STATUTORY REQUlREMENTS OF IDAHO CODE ~ 43-330B. The following provisions are included in this Addendum as required by Idaho Code 9 43-330B. A. The cost of construction of the pressurized irrigation system has been, or shall be, paid in full by Owners. ADDENDUM TO CONSTRUCTION CONTRACT - Page 3 ( B. Any portion of the cost of construction that is not paid upon completion of construction by Owners, or by a third party on their behalf, shall constitute a lien against the lots in Murdoch Subdivision No.2, securing payment of the balance of the construction cost and payment of interest on any deferred installments of the construction cost. C. There are no annual payments anticipated to be made by each lot owner on the deferred balance of the construction costs. D. Any annual installment payments shall be included in the assessments levied by District against each lot in Murdoch Subdivision No.2, based upon the ratio that the acreage in each lot bears to the total acreage in all lots in the subdivision. The levy and collection of those installments shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in District. E. Any deferred annual installment payments of principal and accrued interest, if any, may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall be not less than one-half of the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized by this subparagraph shall not be applicable where the construction costs have been financed through a local improvement district. F. If the pumping station and pipeline serving Murdoch Subdivision No. 2 also serve other lands, the cost of the pumping station and pipeline has been apportioned by District to all lands which are planned to be served by the pumping station, so that each acre ofinigable land to be served by the pumping station will be assessed and required to pay the same amount. G. Easement. The Owners hereby grants to District an easement for the installation, operation, maintenance, repair and replacement of those portions of the pressurized irrigation system located on any portion of Murdoch Subdivision No.2. The location of the easement shall be determined by the location of the pipelines and other facilities, as finally installed, the width of the easement shall be no less than five (5) feet on either side of the centerline of each pipeline, for a total often (10) feet. 10. OWNERSHIP OF DISTRIBUTION SYSTEM. The pressurized irrigation system constructed under this Addendum shall be the property of, and shall be owned by, District upon completion and acceptance of the system by District. The system to be owned by District shall include the individual water service taps installed to each lot, including common area lots, within Murdoch Subdivision No.2, and the pump station, pumps, electrical panels and related fixtures, together with mainlines, distribution lines, connections, valves and fittings constructed to distribute irrigation water ADDENDUM TO CONSTRUCTION CONTRACT - Page 4 from the pump station to the individual water service taps. The system to be owned by District does not include any pipelines, connections, valves or fittings installed by the individual lot owners to distribute irrigation water within their individual lots beyond the water service tap. The individual lot owners will be responsible for operation, maintenance and repair of their own distribution system within each lot in the property. 11. OPERATION AND MAINTENANCE BY NAMP A & MERIDIAN IRRIGATION DISTRICT. District shall, pursuant to Idaho Code Section 43-330F, upon acceptance of the pressurized inigation system, maintain, repair, operate and replace the pressurized irrigation system which is the subject of this Addendum. 12. ASSESSMENTS FOR OPERATION AND MAINTENANCE. Each lot in Murdoch Subdivision No.2 shall be assessed by District as provided by Idaho Code Section 43-330F. District may levy and collect an assessment against each lot served by the pressurized inigation system to defray the cost and expense of such operation, maintenance, repair or replacement of the pressurized irrigation system. Each lot shall be assessed by District on the basis ofthe ratio between the acreage in that lot and the total acreage in all lots in Murdoch Subdivision No.l Each lot owner Z shall pay the assessments regardless of whether or not water is actually used on the lot by the owner and regardless ofthe quantity of water used. 13. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior written approval of District. 14. SUPPLEMENTAL WATER. Supplemental water (water provided both before and after the regular irrigation season) to this subdivision may be provided by the City of Meridian. All costs associated with supplemental water shall be a cost of operation, maintenance, repair or replacement. Each lot will be assessed for supplemental water regardless of whether or not water is actually used on the lot or the quantity of water used. 15. NO LIABILITY FOR LACK OF WATER. The parties hereto acknowledge that irrigation water is not always reliable. Irrigation water or water from the City of Meridian may not be available due to drought, harsh weather conditions, governmental actions or other causes. District ADDENDUM TO CONSTRUCTION CONTRACT - Page 5 shall have the right to shut off the irrigation water supply to Murdoch Subdivision No.2 or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but limited to the end ofthe irrigation season. District and the City of Meridian shall have no liability whatsoever to any lot owner, tenant or others for any damages to, or loss of lawns, landscaping or the like caused from shutting off the irrigation water supply or for lack of water. 16. DAMAGE TO WORK. At all times prior to acceptance of the work, as between the Owner and District, Owner is responsible for any and all defects, damages and repairs required. For a term of one (1) year after District accepts the work, Owner warrants that there shall be no defects in materials or workmanship in the work, and shall be responsible for the repair of any defects in the materials or.worlananship of the work. Thereafter, as between Owner and District, Owner will be responsible only for damages caused by Owner. 17. ENTIRE AGREEMENT. This Addendum and the Prior Agreement entered into between the parties contains the entire agreement between the parties hereto with respect to the subject matter of this Addendum. 18. GOVERNING LAW. This Addendum shall be construed under, and governed by, the laws of the State ofIdaho. 19. BINDING EFFECT. This Addendum shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. 20. AUTHORIZATION OF SIGNATURE. Owner hereby warrants that the person signing this Addendum has been authorized to do so by Owner. 21. AMENDMENTS. Amendments to this Addendum shall be made only by written instrument executed by each of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this _ day of ,2001. HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho Corporation By Kevin Howell, President ADDENDUM TO CONSTRUCTION CONTRACT - Page 6 NAMPA & MERIDIAN IRR1GATION DISTRICT By ATTEST: THE CITY OF :MERIDIAN By Robert D. Corrie, Mayor ATTEST: William G. Berg, If., City Clerk ADDENDUM TO CONSTRUCTION CONTRACT - Page 7 STATE OF IDAHO ) ) ss: COUNTY OF Ada ) On this _ day of ,2001, before me, the undersigned, a notary public in and for said state, personally appeared KEVIN HOWELL, known to me to be the President of HOWELL-MURDOCH DEVELOPlvfENT CORPORATION, the Idaho corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at My commission expires: , Idaho STATE OF IDAHO ) ) ) ss: County of Canyon On this _ day of ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the President and Secretary, respectively, of NAMPA & rvrnRIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires: , Idaho ADDENDUM TO CONSTRUCTION CONTRACT - Page 8 STATE OF IDAHO ) ) ss: COUNTY OF ADA ) On this _ day of ,2001, before me, the undersigned, a notary public in and for said state, personally appeared ROBERT D. CORRIE and WILLIAlvI G. BERG, JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at My commission expires: , Idaho ADDENDUM TO CONSTRUCTION CONTRACT - Page 9 '.~f " ~ ~.;.~tf I ("'J-U-B ~ .' ~ ! 't'gineers Surveyors Planners or. Project: Date: 11643 January 4, 2001 PARCEL DESCRIPTION FOR MURDOCH SUBDIVISION NO. 2 ~RELlMINARY PLAT A parcel of land being the North % of the Southeast!4 of the Northeast!4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho; being more particularly described as follows: Commencing at a brass cap marking the Northeast corner of said Section 18; thence along the Easterly boundary of said Section 18, South 00031 '15" West, 1,329.55 feet (formerly known as 1,326.55 feet in that certain Warranty Deed recorded as Instrument No. 98094973 in the records of said County) to a point marking the Northeast corner of said North Yz of the Southeast !4 of the Northeast ~, said point being the REAL POINT OF BEGINNNING; . thence continuing along said Easterly boundary South 00031'15" West, 664.63 feet to a point marking the Southeast corner of said North Y2 of the Southeast ~ of the Northeast !4; thence leaving said Easterly boundary along the Southerly line of said North Yz of the Southeast ~ of the Northeast!4 South 89036'07" West, 1,326.23 feet (formerly known as South 89036'01" West, 1,326.19 feet) to a point marking the Southwest corner of said North Yz of the Southeast ~ of the Northeast !4; rc'::.: to .J thence leaving said Southerly boundary along the Westerly line of said North Y2 of the Southeast !4 of the Northeast!4 North. 00029'39" East, 666.00 feet (formerly known as North 00029'35" East, 665.99) feet to a point marking the Northwest corner of said North YI of the Southeast 1A of the Northeast ~; thence leaving said Westerly boundary along the Northerly line of said North Yz of the Southeast !4 of the Northeast % North 89039'40" East, 1,326.53 feet (formerly known as North 89039'34" East, 1,326.49 feet) to the REAL POINT OF BEGINNING. Said parcel contains 20.26 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. ~ GAL: lhc F:\projects\ 11643\Oescriptions\pret plaLdoc Gary A. lee. P.E.lL.S. EXHIBIT A * BILL OF SALE FOR MURDOCH SUBDIVISION NO.2 KNOW ALL rvIEN BY THESE PRESENTS, That on this _ day of ,2001, HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation, and the CITY OF MERIDIAN, hereinafter collectively referred to as "Sellers", for good and valuable consideration, the receipt of which is hereby acknowledged from NAl'v1PA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", and do by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: All irrigation equipment, including, but not limited to pumps, mainlines, distribution lines, connections, valves and fittings constructed to distribute irrigation water from the pump station to the individual water service taps, constructed or to be constructed, which constitute the pressurized irrigation system located in Murdoch Subdivision No.2, a legal description of which is more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Sellers do hereunto set their hands the day and year first above written. HOWELL-MURDOCH DEVELOPMENT CORPORATION an Idaho corporation By KEVIN HOWELL, President BILL OF SALE - PAGE I THE CITY OF MERIDIAN By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk " ST ATE OF IDAHO ) ) ) ss. COUNTY OF ADA On this _ day of ,2001, before me, the undersigned, a notary public in and for said state, personally appeared KEVIN HOWELL, known to me to the President of HOWELL- :MURDOCH DEVELOPMENT CORPORATION, the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: , Idaho BILL OF SALE - PAGE 2 ST ATE OF IDAHO ) ) ss: COUNTY OF ADA ) On this day of , 2001. before me, the undersigned. a notary public in and for said state. personally appeared ROBERT D. CORRIE and WILLIAM G. BERG. JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at My commission expires: , Idaho BILL OF SALE - PAGE 3 ._~--: t. ~ ~;<.~ ;'('"'J.U.B~ -; ~ ~gineers Surveyors Planners ... Project: Date: 11643 January 4, 2001 PARCEL DESCRIPTION FOR MURDOCH SUBDIVISION NO.2 PRELIMINARY PLAT A parcel of land being the North Y2 of the Southeast ~ of the Northeast ~ of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho; being more particularly described as follows: . Commendng at a brass cap marking the Northeast corner of said Section 18; thence along the Easterly boundary of said Section 18, South 00031'15" West, 1,329.55 feet (formerly known as 1,326.55 feet in that certain Warranty Deed recorded as Instrument No. 98094973 in the records of said County) to a point marking the Northeast comer of said North Y2 of the Southeast Y.4 of the Northeast ~, said point being the REAL POINT OF BEGINNNING; thence continuing along said Easterly boundary South 00031 '15" West, 664.63 feet to a point marking the Southeast comer of said North Y2 of the Southeast ~ of the Northeast ~; thence leaving said Easterly boundary along the Southerly line of said North Y2 of the Southeast 14 of the Northeast 14 South 89036'07" West, 1,326.23 feet (formerly known as South 89036'01" West, 1,326.19 feet) to a point marking the Southwest corner of said North Y1 of the Southeast 14 of the Northeast ~; ,(; thence leaving said Southerly boundary along the Westerly line of said North Yz of the Southeast v.. of the Northeast ~ North. 00029'39" East, 666.00 feet (formerly known as North 00029'35" East, 665.99) feet to a point marking the Northwest corner of said North Yz of the Southeast 14 of the Northeast 14; thence leaving said Westerly boundary along the Northerly line of said North 11. of the Southeast v.. of the Northeast v.. North 89039'40" East, 1,326.53 feet (formerly known as North 89039'34" East, 1,326.49 feet) to the REAL POINT OF BEGINNING. Said parcel contains 20.26 acres, more or less. END OF DESCRIPTION Prepared by: J-U-S ENGINEERS, Inc. - GAL: lhe F:\projects\ 11643\Descriptions\prel plat.doc Gary A. Lee, P.E.lL.S. EXHIBIT A * / 0\ ~ ItA'l/ 0 I fori tV f"':P b~v~ 1/ . Y ~;~~~ ~ t.:;Y CITY OF MERIDIAN ORDINANCE NO. DIM I AN ORDINANCE FINDING THAT JEFF AND HOllY REID OWNERS OF CERTAIN REAL PROPERTY TO BE KNOWN AS TRANQUILITY PONDS HAS MADE A WRIITEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT lIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM RM8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT'TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ~ 1.1-7-2 1(, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN . CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF.MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code S 11-7-2 K; and Jeff and Holly Reid / (C-G) RZ-OO-009/ RE-ZONE ORDINANCE - 1 ( Me.x; ~ ~ ( 'COROED- REQUEST Of ADA COUNTY RECORDER .L,I. ~ 11 ~~2- ,1. g'~ji~,'I~X~~RO FEEj2LOEPUTY ~V-'Q lOOl AU -9 Pi1 I: 35 <6P36 I 0 I 080994 CITY OF MERIDIAN ORDINANCE NO. Ol~ qz.'3 AN ORDINANCE FINDING THAT RONALD D. AND COLEEN M. SCHAUB, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE s 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code S 11-7-2 G; and RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-003 / RE-ZONE ORDINANCE (Revised 06-21-01) - 1 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: Lot 2, Block 3 of Niday's Second Addition to Meridian as filed in Book 11 of Plats at Page 594 records of Ada County, Idaho and a portion of the NE 1/4 of Section 12, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the northeast corner of said Section 12; thence along the East boundary line of said Section 12, South 1199.80 feet; thence North 89050'00" West, 30.00 feet to the northeast corner of said Lot 2, said point being the REAL POINT OF BEGINNING; thence South 89050'00" East, 30.00 feet to the centerline of North Meridian Road; thence along said centerline South 00000'00" West, 64.00 feet; thence along the south boundary line of said Lot 2 and the easterly extension thereof North 89050'00" West, 150.00 feet to the southwest corner of said Lot 2; RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-003/ RE-ZONE ORDINANCE (Revised 06-21-01) - 2 thence along the West boundary line of said Lot 2 North 00000'00" East, 64.00 feet to the northwest corner of said Lot 2; thence along the North boundary line of said Lot 2 South 89050'00" East, 120.00 feet to the Real Point of Beginning, containing 0.22 acres (9600 square feet), more or less. 4. The following conditions shall be required as follows to-wit: 4.1 The site shall be brought into compliance with Ordinance 11-13~ 1, which requires one (1), paved off-street parking space per every 400 sJ. of office use. The Applicant shall provide a calculation of the gross square footage of office use in the building to determine the total number of required parking stalls. The parldng lot shall be located in the rear yard of the building with access taken off the alley. The lot shall be striped and include a handicap- accessible stall in conformance with the Americans with Disabilities Act (ADA). 4.2 The existing site does not conform to the current standards of the Landscape Ordinance, specifically the street buffer and pressurized irrigation requirements. 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 existing lot configuration. 4.3 Assessments or re-assessments for sewer and water service for the new use shall be determined during the Certificate of Occupancy process. 4.4 ACHD's policy does not allow them to place street or right-of- way conditions on Annexation or Rezone applications - only development applications. ACHD's rezone staff report for this project lists eight (8) requirements, which only take effect when ACHD receives a development application (i.e. CUP, Certificate of Zoning Compliance, etc.). Therefore, as long as the current use does not change, no street improvements can be required by ACHD. However, the City can place development conditions as part of Rezone and/or Annexation applications. The Applicant shall comply with Ordinance 12-5~2.K and construct as-foot RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-003 / RE-ZONE ORDINANCE (Revised 06-21-01) - 3 wide concrete sidewalk abutting Meridian Road. The Applicant shall need to obtain a permit from ACHD to work in the public right-of-way and shall contact the ACHD Development Services Department to determine the exact sidewalk location. The sidewalk shall be constructed prior to a Certificate of Occupancy being issued on the property. 4.5 A Development Agreement shall not be required for this application. 4.6 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells shall be used for non-domestic purposes such as landscape irrigation. 4.7 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 parking areas. All site drainage shall be contained and disposed of on-site. 4.8 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. 4.9 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 4.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.11 Dedicate 35-feet of right-of-way from the centerline of Meridian 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. 4.12 Construct a 5-foot wide concrete sidewalk and match paving on Meridian Road abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-01-003/ RE-ZONE ORDINANCE (Revised 06-21-01) - 4 4.13 Pave the alley it's full width of 16-feet from the north property line to Cherry Avenue. 4.14 Direct lot access to Meridian Road shall be prohibited because there is not ample space for parking and there is no on-site turn around to prohibit motorists from backing out into Meridian Road. 4.15 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4.16 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 4.17 Pave the driveways to their full-required width of 24 to 30-feet to a point 30-feet beyond the edge of pavement. 4.18 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4.19 Applicant shall also comply with the Ada County Highway District's Standard Requirements listed in their April 9, 2001 letter. Additionally, adopt the requirements of the City Council from their meeting held on Tuesday, June 5, 2001, as follows; 4.20 The office space shall comply and satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 4.21Applicant shall apply for an "Occupancy Permit" and the Building Department shall verify that all codes have been met. 4.22Paving 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. SECTION 2. That the above-described Property be, and the same is hereby re- RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-003/ RE-ZONE ORDINANCE (Revised 06-21-01) - 5 zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this g -/;6- day of /ju...tJ7At-if f , 2001. (7 APPROVED BY THE Iv1AY R OF THE CITY OF MERIDIAN, IDAHO, this tf-t::6 day of f-, 2001. City Clerk RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-O 1-003 / RE-ZONE ORDINANCE (Revised 06-21-01) - 6 ( STATE OF IDAHO,) ss. County of Ada. ) " On this ff~ dayof ~1W:t ,2001, before me, the undersigned, a Notary Public in and for said ate, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to me to be tne Mayor and City Clerk of tne 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. to",'II""" ,<I>" TS I" !t.... ,,~... -tc I" ..... 1>'" ....~ I. ~ ~o .00 -.. I ~ .... ~/> .0 ~\ . 19-. ~ (.~,~t t-.fb l ~ \ ~ ~ NOTARY PUBLIC FOR IDAHO i%\~"" I 4'-1 >i RESIDINGAT:~-7l.$~ \ 0 ,..+- o'OJ MY COMMISSION EXPIRES: Il''-();L.(i~ -.. ~ "'##f: -tc ..n'~~ "'.... Z:\Work\1aM"rjl!Jlali~ . an I 5360M\Partition Specialties, Ine. RZOI-003\RZOrdinance.doc ...n..."....". RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ~OI-003 / RE-ZONE ORDINANCE (Revised 06-21-01) - 7 ..... "r ., CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada CouIW, 'State of Idaho, do hereby certify that the attached copy of Ordinance No. 0('-&12.3 passed by the City Council of the City of Meridian, on the t?~ day Of~.j- 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. "..\\\wnr~~~I.:.;f{llllf '."'''<.' Il""~f E'li~.l.. II's! "'..... ,J V ?, .Y;~ ~-. ~ _~ _Jl~~: $. ~ (frOft~."V <"::~~.' I ':0 '~. .- :.-.. t: .. STATE OF IDAHO, ) ss. County of Ada, ) -t( ~ On this I day of , in the year 2001, before me, ANITA D. OVbLL-ltJ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~,## ,.... ~~.........: 0 Jo_~~ ~ ...~ - ~ ~ ~ ~~. 00 ~ ~ : ~ l 1'.Tn.,., ~. ,-t\ ~ ....,.-. ~-1 c.... E: " 1j.:'Z= \~~s,;,Y. : ###;2 p ID A 1\0",.. ............,. Z:\Work\M\Meridian\Meridian IS360M\Partition Specialties, Inc. RZOI-003\CertificationOfClerkRZOrd,doc ~ AQ ~il-,--~ Notary Public for Idaho Commission Expires: I/--O~...-o y CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-O 1-003 ~ .J: --n--Wf~VE~{ ~_ ~ ~~ ._'__"'~'.d. ~ W'!h::rf ~ '" ;;1 a; :1l S! " " ~ ~ " '" ~ m ?i: " -< en ~ a; , w-irn $1' " " '00 sr ,. ~ 0 ~ 0' g ~ i ~ " '" '00 .r < ,. ~ z 0 Yo rn n ~ ~ ~ 0 0 z Z 0 '" ,., ., ~ ,. '" g ::: ~ '" '" ~ <0 ~ m Z ... <n o ~ ::E z '" co: ri> o '" g;o ;: m....... m:; -( ;!!,. -< QrriO .~~ TI -0 s: ~::;m 5 ?J ;:u W<n (5 ~~- "'... )> N~Z '" lJ )> ;:00 (,1)-1;:0 ~::Jg ~oz Oz)> z(f)Z ~(f)o -IlJm wmz zOO ~ 51' ~ m (f) z o \ t N \V1tUAVE ,. " " e- m ,,~ en".... c"'m rn" 0): g !1 ,. " ;:;" rn .~ ,,;;j ~ i ~ ~ 7111 :;: " ~ '" r ~ :1l '" ,;.\~ /' c .'" OJ I. ~<J / .p !l aTIl,St " ~ '" ~ Z ~N '" ~ '" ~ 5 'N5TI1^'''EZ ,~ :m '" ~ ~1 5T!1 'Sf 'l~ N W$Hi AVE '" fij ~ f} ~ :!< . '" ~ I I ." " " '" 0 m en "'. ,. ... ~ 0 ~ '" en !1 lii ,. '" '" ,. \ ~ 1- en Q :S en 5 Z '" o ~ m N MIDTCMtJ ST W"TH Sf " r ~ ~ -< ~ " > j;; ,. < m ;:: ~ ~ :; E z ;. ~< ~ .... m " w ~D Sf '" " ~ I m '" '" .< W 1ST Sf ~ " ., ~ NIDAYS SEGOND SUB ~ ~ > ;;I 6 ~ '; ~ ,. ~ " m ,. '" .~ < '" ~ m .-0.- i'!' N MfR~OI"N Sf w. ,.~ i::; r Z m r r;: G J::; ~ '" r C m Z Z 0; Gl IT! '" en en '" -I -I 0... 0 '" 0 :c 88 8 '" '" )> 0 0 OJ r I'll OJ m )> ;;0 (/)Z2(/1(/)2: *g~SifEQ gg~~~ - ci 8 8 . ~9.,'.,'q mlTl<:<1Tl - ~ c: ::; Z m F w ;:: S .... """\"""'~. .::!; ~ ;. S (" Item Packet Pickup KEvIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRA Y, III D.S~UELJOHNSON JILL S. JURRIES LARRY D. MOORE WILLIAM A. MORROW WILLIAM F NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DA VlD M. Sw ARTI..EY TERRENCE R. WHITE** NICHOLAS L. WOLLEN * ALSO ADMITTED IN OR ** ALSO ADMWfED IN W A To: WHITE PETERSON WHITE, PETERSON, MORROW, G1GRAY, ROSSMAN, NYE & ROSSMAN, P.A. A TIORNEYS A T LAW 200 EAST CARLTON AVENUE POST OFFICE BOX] 1.50 MERIDIAN, IDAHO 83680-] 150 NAMPA OFFICE 5700 EAST FRANKLIN RD., SUITE 100 NAMPA, IDAHO 83687-8402 TEL. (108) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE TEL (208)288-2499 FAX (208) 288-250 I July 19,2001 RECEIVED JUL 2 3 2001 CITY OF MERIDIAN Staff Applicant Affected Property Owner( s) Re: Application Case No. V AC-O 1-00 1 Hearing Date: FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Mfected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City. Council at the public hearing on the above referenced matter by the Planning and Zoning Aoministrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and oe prepared to state your position on this application by addressif!g the Findings and Recommendations of fhe Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and~ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not Rossible, please present your Position Statement to the City Council at the hearing, along with eight ("8) copIes. The copies will be ]Jresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. . If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, wnich can be signea -by the representative for the group. 1. 2. lyjZ" W ork\M\Meridian\Meridian 15360M\Recommendation,\PZRecs.Ltr. wpd ( ( BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR A 20-FOOT ) UTILITY EASEMENT ) BETWEEN LOTS I AND 4 ) BLOCK 2 FOR THE ) CONSTRUCTION OF A FOUR- ) PLEX FOR SUE'S SUBDIVISION ) ) CHARLES J. ELDREDGE, ) Applicant ) ) Case No. VAC-OI-OOI RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is generally located at 551 W. Idaho Ave. in Meridian, Idaho. 2. The owner of record of the subject property is Charles J. and Shel A. Eldredge. 3. The Applicant is Charles J. Eldredge at 2716 Pine Flats in Meridian, Idaho. 4. The subject property is currently zoned R-15. The zoning of R-15 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The proposed site of the requested easement is a lot line adjustment between Lots I and 4 of Block 2 vacating a utility easement that exists along the lot line (IO-feet either side, total of 20-foot easement). RECOMMENDATION TO CITY COUNCIL - I EASEMENT VACATION 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The applicant obtained notarized approval of the easement vacation from affected utilities. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested easement vacation as requested by the Applicant for the property described in the application. Adopt the recommendations of the Planning and Zoning and Engineering staff as follows: 1. Prior to the issuance of any building permits on the subject lots, applicant shall submit relinquishment of easement letters from all applicable utility companies to the City of Meridian. cm\Z;\ Work\M\Meridian\Meridian 15360M\RecommendationsW ACO 1-00 1 Sue'sSub.frm RECOMMENDATION TO CITY COUNCIL - 2 EASEMENT VACATION 1lt ~ ~ J r. ~,,- .~'4 ~. LETTER OF TRANSMITTAL DATE: July 11,2001 ATTENTION: Brad Hawkins-Clark, City Planner City of Meridian RECEIVED JUL 1 2 2001 CITY OF MERIDIAN PROJECTS: Sue's Subdivision ENGINEER PROJECT NO.: 00502 WE ARE ENCLOSING: COPIES DESCRIPTION 10 Revised Landscape Plan (7- II -01) 1 Drainage Letter Remmks: Please accept the revised landscape drawings per our conversation last week. Note that the only change made was to allow for a landscape buffer along Idaho Street in place of a parking place. Even with the removal of a parking space there is still the minimum required parking for this proposed development, considering two additional parking spaces are provided for on the adjacent lot to the south (Lot #4). We have also added a tree along Idaho Street. Also, per the Staff Comments dated June 29, 2001, specifically that of General Requirements item #3, we have enclosed a letter addressed to Brad Watson, City Engineer, commenting on the drainage issue. We appreciate your time and consideration in this matter. If you have any questions please call me at 321-4888. Sincerely, :Z::~ Keven T. Shreeve, P.E. ~- S'UNBISE ~ ENGINEERING :INC. , "enclosures are not as noted, please notify us. 10200 W. EMERALD STREET, Surre 104 BOISE, IDAHO 83704 (208) 321-4888 "" ~ ~< ',r Q h ........ \-... () UQ--: ~tC~ ~8 ~--l~ ~ ~ '" i'LJ. $:) IJ.:-=c \LJ~ W< 3~ :'t:::~ ~<~ ........0 \:; ~' :< C) ILl ~<~ ---18 ~ ~ ~ t' ILl ~ \(\ () ~ ~ 1 OO~t 1 1i ~ -..;:: bo ~ -:: U II.. [-.- 'C\ e J~-..-..-._. ,~ ..~;;: fJ3 ~. . ~ a~ ;~ 0'8 ~ u.:. 70~ ~ i~ ~ .. ~S ~ \J -e:. m w s. _.~._._.-._._'_._._._.- }- ~ JOZOI "_ -~ fI !!? k ~'D ;::2 ll~~ ~ ~ . ':-r-.;.~.._.li2~'-!-"-ir~'~'"---' ."~. :.' ~.l' ..,,:J\o.:..:t: .:. ... : .~., ~'. . . ~ ~~... :, "' . .' '".,q . . i . ~ ~ ~. " ;.- .~ '~~'.~~.~ ':::." ..~~ ~:.;'.~~~.:.-":~. :.- .~. -"t '1 \ "~ \[\ ( tW ", - :J '3\,\\ -'-'-~~~_4_'~,_,_,___,~,_,_ alOlJ 9NI.1G1X] .., II I- I .. .. II .. I to .. II .. .. .. .. 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I frj!{] ...... fl ~ f3jj ~ ~ ~ &L & C," ~., .<'" :j ~h" t3'~ " u-' \(\ ~ (tj t> tn W a Ui Ul ~ ~ G:, Ul ::::;; ::J :::;: ~ :::;: !zo::S? o LiS II B:Ct:6;: I 1 Q lJ1 oin:----' N ~ 10 ,IOtOI l'\ '.J 6k ',.::.1:\<. t\....\ B ~ ,- "" '\.... \[\1:\<. ~() U\........ ~~ ~~ ~8 If\--..\ ~~ is Ilj r:::ifj UJ\D \[\ ll.l ~;t: --..\\-.; --..\>- ""':::~ -- 'I- 'l'o \- ~ S ~ 2 l- S ~ fS G ltJ Q G ft 'fI \1...1 ~ ) .,... \\, If' 11) ~ \\..: ~ Q ~ ~ ~ \.b ;:; ~ ~ ~ (2 e: 2 ( PUBLIC HEARJNG: SIGN~UP SHEET . AI19U,~+ '6\ 2()()l PROJECT NUMBER _VA r 0 1- M \ DATE 1-t~rY1 NO, l3 - PROJECT NAME SI 'e~ cSt \ hri \ \(I<-~' ()n NAME FOR AGAINST "lnt'1l":'lU-'11.1B't. LA'I'Il ..L"~ _ V~ - " ........... AUO U LUUI - U1'1'): Vol' 1 .--"""-.....---- - -- __............~r_-." I j" '\.o41....UU' .,.L, I c....r-t(".,t-t FIQ(h~\~ ; lqL\~ \. ~{ECE] . ~IiL:> 5. 2001 JUl -: )tem 1\10. July 5th, 2001 To: William Berg From: Steven Hanson. Owner afLot 2 Block 2, Lot 3 Block 2; Lot 1 Block I and Lot 2 Block 1 Sue' Subdivision Regarding: Lot 1 Block 2 Sue's Subdivision Conditional Use Application CITY OF M: I apologize for not being able to present to the Council in person. Please accept these written comments on my behalf. As the ov.ner of 4 of the 6 parcels developed in Sue's Subdivision, I must strongly protest any action to change the designated use of Lot 1 Block 2 and/or Lot 4 Block 2 Sue's Subdivision. These sites were approved by the City along with all of Sue's Subdivision as a complete plat. These sites were designed and approved for duplex Use and all site improvements in Sue's subdivision as a whole were created with this expectation. Drainage, roadways) garbage collection areas, lighting and site density were all calculated and approved by the City with Lot 1 Block 2 and Lot 4 Block 2 designated for duplexes. Any change to this density will negatively impact the tenants in all sturounding units. Any change to this density will overburden the private road surface and overload parking in the area. Any change in density will negatively impact the drainage areas created along W. Idaho Avenue. Any change in density mIl create excessive traffic and conflict between tenants on the private road. Any change in density will decrease the visual appeal of the neighborhood. Please respect the original decision of the City Council and keep Sue's Subdivision's density requirements intact. If the applicant ovms Lots 1 and 4 Block 2 and wishes to build only one 4-plex on both parcels combined the original density of the plat would remain the same. This may be acceptable to the tenants. However, any change in overall plat density will overburden the site to everyone; s detriment. This is a great disservice to the tenants in all buildings and the surrounding neighbors. and consideration. 7/r/O! JIJL VlS 'Vl1 1 =;: 1 q I l"'1VL... (,..I..,) NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on July 5, 2001, for the purpose of reviewing and considering the application of Charles J. Eldredge for a Conditional Use Permit for the construction of a four-plex family dwelling unit in an R-15 zone for Sue's Subdivision Block 2, Lot 1 located at 551 West Idaho Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hafl, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and al/ interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. AU 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 72 hours prior to the public meeting. DATED this 5th of June, 2001 PUBLISH 15th and 291h of June, 2001 ~/\_(v\~ ~~ \'w\. J)" ~~I fhcJLJ \\ \J ~,\ JUL 05 '01 15:20 .1?I1V1'7h'7 oor::c rA""? MAYOR Robert D. Corrie HUB OF TREASURE VAlLEY A Gooo Place to Live YIQl'l.nHL) 4 20(l\t~ ,J u llJ 51 2 a(A Jk ry) NO, t.i CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO 1.v1ERIDlAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 Gty Gerk Office Fax (208) 8884218 MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council Bruce Freckleton, Assistant to City Engineer ~ Brad Hawkins-Clark, Planner ~~L June 28, 2001 RECEIVED JUL 0 2 2001 From: Re: City of Meridian City Clerk Office Vacation ofa 20-Foot Wide Public Utility Easement - Lots 1& 4, Block 2 of Sue's Subdivision- by Sunrise Engineering (File VAC-Ol-001) We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered infull, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS The subject lots are located at 551 W. Idaho Avenue, in the existing Sue's Subdivision. The subject easement has an overall width of 20-feet, with lO-feet on each side o~ the common lot line as designated on the recorded plat. The Applicant has also applied for a Conditional Use Permit for the construction of a four-plex on Lot 1. In order for the CUP to be approved, this Vacation and subsequent Lot Line Adjustment (staff level application) must be approved in order to meet the minimum side building setback for the four-plex. The Subdivision and Development Ordinance (Title 12), Chapter 10, only requires the Commission to review and make a recommendation on Vacation applications. A public hearing is only required before the City Council. SITE REQUIREMENTS Prior to the issuance of any building permits on the subject lots, applicant must submit relinquishment of easement letters from all applicable utility companies to the City of Meridian. RECOMMENDATION Staff recommends approval. Sues Sub. vac V",,-Ol.oot RECEIVETI, JUN 1 5 2001 CC(Q)~r CITY OF MERIDIAN ~&~'J~t)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 13 June 2001 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Ken Flygare, L. S. Sunrise Engineering, Inc. 10200 W. Emerald Street Boise, 10 83704 RE: Land Use Change Application -- Sue's Subdivision. Lot 1 Block 2 Dear Mr. Flygare: Enclosed please find a land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a ~rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, J~ Y{. Y7J~ Donna N. Moore, Asst. Seeretaryrrreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Meridian City, Will Berg Charles J. Eldredge, 2716 Pine Flats, Meridian, lD 83642 ene. APPROXIMATE IRRIGABLE ACRES RIVER flOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - JO.ooo Joint School District No.2 911 Meridian Street · Meridian, Idaho 83642 · (208) 888-6701 · Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell RECEIVED JUN 1 5 2001 June 11,2001 CITY OF MERIDIAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Sue's Subdivision Elementary School: Meridian Elementary School Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Meridian Elementary School is near capacity. Meridian Middle School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. Meridian High School is over capacity, but with the passage of the General Obligation Bond Election on September 19th a new high school will soon be under construction. We can predict that these homes, when completed, will house one (1) elementary aged child, one (1) middle school aged child, and one (1) senior high aged student. Sincerely, ' o' ~ ,.r~. .~~ / .?~;:.. Y'~~:--_------- Wendel Bigham, //' Supervisor of Facilities & Construction WB:gr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF A ) OFFICE/STORAGE FACILIlY ) WITHIN THE IOO-YEAR ) FLOODPLAIN ) ) ROBNETT CONSTRUCTION, ) INC., ) ) Applicant. ) ) Case No. CUP-OI-023 RECOMMENDATION TO CIlY COUNCIL I. The property is located at 1380 East Commercial Ave., Meridian, Idaho. 2. The owner of record of the subject property is High Bridge, LLC, of Boise, Idaho. 3. Applicant is Robnett Construction, Inc., of Eagle, Idaho. 4. The subject property is currently zoned 1-1. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-8-1. 5. The proposed application requests a conditional use permit for the construction of a 21 ,OOO-square-foot office/storage facility for High Bridge, LLC. Storage and warehousing are permitted uses in an I-L zone according to the Schedule of Use Control (11-8-1). Although the proposed use is permitted within the I-L zone, a portion of the parcel and proposed RECOMMENDATION TO CIlY COUNCIL - I REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILIlY WITHIN THE 100-YEAR FLOODPLAIN building is located within the lOO-year floodplain as shown on the effective Flood Insurance Rate Map (FIRM). All development within the 100-year floodplain is regulated by Meridian City Code 11-11(1-9), the Floodplain Overlay District, and 10-6. All development within the Floodplain Overlay District is required to obtain a Conditional Use Permit from the Council and Commission prior to beginning development (11-11-2). The purpose of the Floodplain Overlay District (FP) is to guide development in floodplain areas throughout the City of Meridian, and to minimize the expense and inconveniences to the individual property owners and the general public that may occur during a flood. Authorized uses in the FP shall not hinder the movement of floodwaters. The FP is superimposed over other zoning districts, wherever a lOO-year floodplain exists (see Ordinance 11-11-1). 6. The Meridian Planning and Zoning Commission recognizes that the property is located in an area designated as Existing Urban in the Comprehensive Plan. 7. The subject property is located on the north side of E. Commercial Avenue, 300 feet west of the intersection of North Ralstin Street and Commercial Avenue in the Railside Park Subdivision. It is generally located north of Franklin Road, approximately halfway between E. 5th Street and N. Baltic Place. The lot is currently zoned 1-1. RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE lOO-YEAR FLOODPLAIN ( ( 8. The surrounding uses are as follows: North: Lot owned by Artco, LLC, zoned I-L South: D&J Auto Transport East: Plumber's Union Building W est: Vacant ground previously approved as multiple-use development known as Pine Center PUD RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: I. 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 II-II-3.A.1. An engineer must certify that the flood-proofing requirement has been fulfilled as per Ordinance 11-11-3 .A.3. 2. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the I DO-year floodplain. The BFE for the subject parcel is 2611 feet 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. 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. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE IOO-YEAR FLOODPLAIN { '. (' 4. Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. 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 DO-year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Additional flood-proofing measures. 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 may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments must be considered by the Commission (and Council) in making any decision. 6. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application and none are approved. 7. Dimensions of all parking stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requires 9' X 19' standard stalls and 25-foot-wide minimum driveways, not 9'x IS' stalls as depicted on the site plan. S. The ADA requires 2 accessible parking spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap- accessible stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. The handicap parking spaces must have sign age per ADA standards. 9. The six (6) parking stalls designated as "small cars" parking along the eastern edge of the property comprise 20% of the proposed parking for this site. The Commission recommends that all parking for this use be standard SIze. 10. The applicant must submit a detailed sitel1andscape plan that conforms RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE lOO-YEAR FLOODPLAIN with the Landscape Ordinance and parking requirements when applying for a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation plan as required by the Landscape Ordinance. II. All required improvements must 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 must accompany any request for Temporary Occupancy. 12. Assessments for sewer and water service are to be determined during the building pennit application process. 13. The proposed site plan does not include a trash enclosure. A dumpster must be provided and shall be enclosed on three sides as per Section 11- 12-1 C. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE lOO-YEAR FLOODPLAIN 19. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 20. 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. 21. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 22. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 23. 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. Applicant to comply with ACHD's letter dated June 12, 2001 and along with the April 1 0, 1996 conditions and requirements of Railside Industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All Codes regarding fire hydrants, water fire flow and sprinkler systems shall be met. Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater Criteria: It is recommended that storm water be pre-treated through grassy swale prior to discharge to the subsurface to prevent impact RECOMMENDATION TO CITY COUNCIL ~ 6 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE IOO-YEAR FLOODPLAIN 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 Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site, if any water leaves the site a Land Use Change application and discharge agreement must be in place before construction can begin. cm\Z:\ Work\M\Meridian\Meridian I 5360M\RecommendatiollS\CUPO I 023Robnett.wpd RECOMMENDATION TO CITY COUNCIL - 7 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE IOO-YEAR FLOODPLAIN MAYOR HUB OF TREASURE VALLEY A Good Place to Live P\aYlrt\~ + ZonH~ JLll1j 51 ~OO\ Hem NO, l2 Robert D. Conie CITY OF MERIDIAN OIT COUNCIL MEMBERS Ron Anderson Keith Bud Tammy deWeerd Olerie McCandless 33 EAST IDAHO J\ffiIUDIAN, IDAHO 83642 (208) 888-4433. FAX (208) 887-4813 City Qerk Office Fax (208) 8884218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner NA City of Meridian Request for Conditional Use Permit to Construct a Building within t~JF1o~~~ cg}ice High Bridge, LLC, by Robnett Construction, Inc. (File CUP-OJ-023) July 2, 2001 RECEIVED JUl 02 200t From: Re: I 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: APPLICATION SUMMARY The subject parcel (Lot 6, Block 2 of the Railside Park Subdivision) is also known as 1380 East Commercial Avenue and is currently zoned 1- L. The proposed use for the subject parcelis a 21,000- square-foot office/storage facility for High Bridge, LLC. Storage and warehousing are pennitted uses in an I-L zone according to the Schedule of Use Control (11-8-1). Although the proposed use is permitted within the I-L zone, a portion of the parcel and proposed building is located within the lOO-year floodplain as shown on the effective Flood Insurance Rate Map (FIRM). All development within the 100-year floodplain is regulated by Meridian City Code 11-11 (1-9), the Floodplain Overlay District, and 10-6. All development within the Floodplain Overlay District is required to obtain a Conditional Use Pennit from the Council and Commission prior to beginning development (11-11-2). The purpose of the Floodplain Overlay District (FP) is to guide development in floodplain areas throughout the City of Meridian, and to minimize the expense and inconveniences to the individual property owners and the general public that may occur during a flood. Authorized uses in the FP shall not hinder the movement offloodwaters. The FP is superimposed over other zoning districts, wherever a 1 aO-year floodplain exists (see Ordinance 11-11-1). LOCATION & SURROUNDING USES The subject property is located on the north side of E. Commercial Avenue, 300 feet west of the intersection of North Ralstin Street and Commercial Avenue in the Railside Park Subdivision. It is generally located north of Franklin Road, approximately halfWay between E. 5th Street and N. Baltic CUP-OI-023 Highbridge.CUP.doc Mayor, Council and P&Z July 2, 2001 Page 2 Place. The lot is currently zoned I-L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses are as follows: North: South: East: West: Lot owned by Artco, LLC, zoned I-L D&J Auto Transport Plumber's Union Building Vacant ground previously approved as multiple-use development known as Pine Center PUD SITE SPECIFIC REQUIREMENTS 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.1. An engineer must certify that the flood-proofing requirement has been fulfilled as per Ordinance 11-11-3 .A.3. 2. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the 1 DO-year floodplain. The BFE for the subject parcel is 2611 feet 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 ofthe structure meets this requirement. 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. 4. Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. 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 DO-year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Additional flood-proofing measures. 5. According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase CUP-OI-023 Highbrige.CUP .doc Mayor, Council and P&Z July 2, 200 I Page 3 in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable asswnption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments must be considered by the Commission (and Council) in making any decision. Sta.:ff's opinion on this matter is that allowing additional development within the floodplain willincrease the Base Flood Elevations in the area, but not more than the required one foot safety margin No , portion of the proposed development is within the floodway. 6. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application and none are approved. 7. Dimensions of all parking stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requires 9' X 19' standard stalls and 25-foot-wide minimum driveways, not 9'x 18' stalls as depicted on the site plan. 8. The ADA requires 2 accessible parking spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap-accessible stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. The handicap parking spaces must have signage per ADA standards. 9. The six (6) parking stalls designated as ~~small cars" parking along the eastern edge of the property comprise 20 % of the proposed parking for this site. The P&Z Commission must approve any compact stalls. Staff recommends that all parking for this use be standard size. 10. The applicant must submit a detailed site/landscape plan that confonns with the Landscape Ordinance and parking requirements when applying for a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation plan as required by the Landscape Ordinance. 11. All required improvements must 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 must accompany any request for Temporary Occupancy. 12. Assessments for sewer and water service are to be determined during the building permit application process. 13. The proposed site plan does not include a trash enclosure. A dumpster must be provided and shall be enclosed on three sides as per Section 11-12-1 C. CUP..Q!..Q23 Highbrige.CUP,doc Mayor, Council and P&Z July 2, 2001 Page 4 GENERAL REQUIREMENTS 1. Off-street parking shall be provided in accordance with Section 11-13 of the City ofMeridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. 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. 3. A drainage plan designed by a State ofIdaho 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. 4. 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. 5. 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. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. 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. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. RECOMMENDATION Staff recommends approval of the Conditional Use Pennit, with the conditions noted above. CUP-O 1-023 Highbrige.CUP.doc (' I Ada County Highway District I I ! i 1 J A~ Judy Peavey-Derr, President Dave Bivens, 1 st Vice President Sherry R Huber. 2nd Vice President Susan S. Eastlake. Commissioner David E. Wynkoop, Commissioner 318 East 37th Slreet Garden City ID 83714-6499 Phone (20S) 387.6100 FAX (20S) 387-6391 E-mail tellus@ACHDada.id.us .Tune 12, 2001 RECEIVED JUN 1 4 2001 TO: Robnett Construction 575 S. Silver Bow Eagle, Idaho 83616 CITY OF MERIDIAN SUBJECT: MCUPO 1-023 o ffi ce/wareho use 1380 E. Commercial Avenue On April 10, 1996, the Ada County Highway District Commissioners acted on Railside Industrial Park. The conditions and requirements also apply to MCUPO] -023, IfYOll have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, Development Analyst P lann i ng & Deve loplllent Cc: Planning & Development/ehron/Project Fi Ie Planning & Development Services High Bridge LLC 4445 N. Linda Vista Boise. Idaho 83704 Mike Fairchild 7]2 E. Fnirview Avenue Boise. Jdaho 83642 : . '-~-~I. I 1 NOu:Jf1~ J l _IJ"-...J\AJ .LL:!IN8vH /. ( Nr1IQ &Irbi 1Jk!B = j \? if .......-. .--- ! it... t ,..... . 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'JbiJ cIcocIopmcal is estimIlZd II) ~ 1IIdi:tiulaI2,8SlI whido Iripi per day booed co tbo IDsIiIlIle of 1'nmpoItatioD ~ Trip Geao:nIioa amutL Roods ~by lbII~ PmeA_ Lccmt Grove Road ACHD ~ Dare. April 10, 1996.7:00 p.m. '~ JJ { '!~ ! : ~!I J liiii ~ III! ~ I i t ~ i \ iji w i II ~ .........li----... ~; 1..---- :::;.t-r~..::. =...::- . '. . . .. .E':~~--. -.....--- =-_.~ ..:" . '~ . < . 'I ' , . t 4'.... ~ . I' , ~ ;.,. ~/... ~ .. .... ~ ~~.~ . .'". . '. . . . '. . .. . '.,~' .'., ',' .' '.. . . . .. ~ ;.,. . ". Tf.' . ~. ' . '. " . " .' i ..' ,.' . ."'. .' .... " . .. .. ~ <' ' . r ,.f .. (' 9. t \... s. 6.. 7. .. 9. JQ. u. 12 t; 1- , . ". .' . .' , "" < '< < < . ',. ,,' , ' . - , ' , < " . ' ,,' . ( ( . ': .". ", '- .' .... " ',.' " .';'. '.. '.' '.', . ." . 1 . .' ,'; , ~ & ~ 1~ Z)l4tUct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 June 7,2001 RECEIVED JUN 11 2001 phones: Areo Code 208 OFFICE: Nampo 466-7861 SHOP: Nompo 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 CITY OF MERIDIAN Re: CUP 01-023 Conditional Use Permit for High Bridge Office Dear Commissioners: All storm drainage must be retained on site, if any water leaves the site a Land Use Change application and discharge agreement must be in place before construction can begin. Sincerely, ~.#/~ Bill Henson, Asst. Water Superintendent NAMP A & :MERIDIAN IRRIGATION DISTRICT BH: din Cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABlE ACRES RIVER flOW RIGHTS - 23,000 BOISE PROJECT RIGHTS. 40,000 . ., ~ CENTRAL Ui Bt61r~ ( CENTRAL DISTRICT HEALTH DEPAHTMENT Environmental Health Division RECEIVED Rezone # Conditional Use # Preliminary / Final/Short Plat Return to: o Boise DEagle JUN - 7 2001 0 Garden City CJ { - 0;23 CITY OF MERIDIAN ~eridian 6-t( 0 Kuna IC~ OACZ IVJ.I- c.c:nvs..J-, J:A-ICr 0 St elk 2. Zn-- s/pe- &1. J ar ~ . We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. o 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. o 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05. 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 o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water 09. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water .iQ10. Run-off is not to create a mosquito breeding problem. o 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. o 13. 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 o child care center ~14. J?eAsr t:e-g- ~<:,rz,r~.-'Tl:J)e.. ~6Ccr~~~&"":f Date: ~/--D 0/ . r4-~42c Reviewed By: ~ ~~g-;q.f Review Sheet ~ CENTRAL {!t8t6b1~ MAIN OFFICE' 707 N. ARMSTRONG Pl.' BOISE. 10 83704'()825 . (208)375-5211 . FAX 327-8500 To prel'ellt alld treat disease and disability; to promote healthy lifestyles; and to protect alld promote the health alld quality of our ellvirollment. STORM WATER MANAGEMENT RECOMMENDATIONS 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. Ada I Boise County OUice 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 Serving Valley, Elmore, Boise, alld Ada Coullties Ado-WIC Satellite Office Elmore County Office 1606 Robert St. 520 E. 8th Street N. Boise. ID 83705 Mountain Home. ID 83647 Ph. 334-3355 Enviro. Health: 587.9225 FAX: 334-3355 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County OHice 703 N. 1 st Street P.O. Box 1448 McColl. ID. 83638 Ph. 634-7194 FAX: 634-2174 MAYOR Robert D. Come HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARThtENT (208) 288-2499 . Fax 288-2501 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 PUBLIC WORKS BUILDING DEPARThtENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARThtENT (208) 884.5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 28, 2001 Transmittal Date: May 31, 2001 Hearing Date: July 5, 2001 File No.: CUP 01-023 Request: Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge Office By: Robnett Construction, Inc. Location of Property or Project: 1380 East Commercial Avenue Sally Norton, P/Z Jerry Centers, .P/Z Bill Nary, P/Z Keven Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, CIC Cherie McCandless, CIC Water Department Sewer Department Sanitary Service ./""Bui I ding Department / Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R...ldorrtillIOnly} Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian lnig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County / L( (0- . -0/ Your Concise Remarks: A- f.,-L Co j) Ii:'> " F; It.. E. /-11 eft. f' 4- ~ S / W A- f &/..,.- H~R..ft Plo u.:> " ,t}-iUl) 5' PI'~,-^",j:::f<G_ 5$1 s-f~n--<.r- wit.-L 4J JLl2.-...t-S2 -f-c). 2S ~ ' ~ ' A1. - 27 Fp. 2~ PPIPFp. 26 VAANN:.. 20 CUP - 26 RECEIVED JUN - 4 2001 CITY OF MERIDIAN WHITE PETERSON WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JU~(E K~EIN FISCHER WM. F. GIGRA~, 1lI BRENT JOHNSON D. SAMUEL JOHNSON LARR~ D. MOORE WI~LIAM A. MORROW WI~LIAM F. NICHO~S' CHRISTOPHER S. Nn PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLE~ TERRENCE R. WHITE.. 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 PLEASE REPLY TO MERIDIAN OFFICE August 22,2001 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 RECEIVED AUG 2 2 2001 City of Meridian City Clerk Office Re: PINNACLE ENGINEERS / TRAVELER'S CORNER FINAL PLAT (FP-OI-OI2) 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 ~alL- Z:\W ork\M\Meri d i an\rv1.eri d ian I 5360M\ Traveler's Corner FPO 1-0 12\ClerkO 81 70 I FP. doc BEFORE THE MERIDIAN CITY COUNCIL C/C OS-08-0 1 IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., FOR ) APPROVAL OF FINAL PLAT ) FOR TRAVELER'S CORNER ) LOCATED SOUTHEAST OF 1-84 ) AND MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. FP-OI-OI2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on August 8, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter on the preliminary plat to the Mayor and Council from David McKinnon and Steve Siddoway, Planners for the Planning and Zoning Department, and Bruce Frecldeton, Engineering Technician III, listing 8 Site Specific Requirements and 6 General Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF -- FINAL PLAT FOR TRAVELER'S CORNER/ PARK AND RIDE BY: PINNACE ENGINEERS (FP-OI-012) PAGE 1 OF 3 IT IS HEREBY ORDERED THAT: I. > The Final Plat. of. '~TRA VELER' SCORNER", as evidenced in Plat bearing the File name: "FINAL PLAT SHOWING TRAVELER'S CORNER S.UBDIVISION, A PORTION OF THE SWl!4 OF SECTION 18 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, File Name: P:\A-CIVIL\COI6069\dwg\COI6069- FP.DWG, SHEET 1 OF 2, PINNACLE ENGINEERS, INC." Pinnacel Engineers, Inc., 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 and Steve Siddoway, Planners for the Planning and Zoning Department, dated April 30, 200 I, listing 6 General Requirements and 8 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, with the additional requirements from the action of the City Council at their August 8, 2001 meeting, as follows, to-wit: 1.1 The Nampa & Meridian Irrigation District requires that all laterals and waste ways shall be protected and 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 S 31-3805. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3 FINAL PLAT FOR TRAVELER'S CORNER/ PARK AND RIDE BY: PINNACE ENGINEERS (FP-OI-012) 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 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: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been ORDER OF CONDITIONAL APPROVAL OF -- FINAL PLAT FOR TRAVELER'S CORNER/ PARK AND RIDE BY: PINNACE ENGINEERS (FP.OJ.012) PAGE 3 OF 3 ( issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the 8& d,ay of Ilz7~Jt , 2001. By: ROB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Bk~19 City Clerk Dated: g - 2- 'Z--{) I , l: ~ ,~ 1- ~' . 't. '~ ~~;iJ . ~)t~?l ~{;,>,t~Jr.n""'l . ~\';"~< \\NP A_NTS40_PDC\SERVER_Z\Work\M\Meridian\Meridian 15360M\Traveler's Corner FP01-012\Order FP .doc ..tR;;'P,\lJ,MoitlAi~\'r\o" ORDER OF CONDITIONAL APPROVAL OF -- FINAL PLAT FOR TRAVELER'S CORNER/ PARK AND RIDE BY: PINNACE ENGINEERS (FP-OI-012) PAGE 4 OF 3 HUB OF TREA.SURE VALLEY A Good Place to Live j\fAYOR Robert D. Corrie CITY OF MERIDIAN 33 EAST IDAHO :MERIDIAN, IDAHO 83642 (108) 888-4433 . F.-\.."X (208) 887-4813 Gty Qed\. Office Fu (208) 888-4218 Ron Anderson Keith Bird T:unmy deWcerd O1e.cie McCandless MEMORANDUM: To: Planning & Zoning Commission, Mayor and City Council Bruce Freckleton, Assistant to the City Engineer ~ David McKinnon, City Planner 'J::}A Steve Siddoway, City Planner ~ From: Re: P\Qnfll~ --\ l()Y))~~ mu.L] 3, dOO\ \tern NO. \3 (208) 884-5533 . i"'A..X /%l:!-Cllj;)'j. April 30, 2001 RECEIVED APR 3 0 2001 C.ity of Meridian CIty Clerk Office Request for Preliminary Plat Approval for Travelers' Corner- Two Lots on 6.36 Acres in a C-G Zone by W.H. Moore and the Ada County Highway District (pP- 01-008) We have reviewed this submittal and offer thefollowing comments, as conditions of the applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion afthe Meridian City Council: APPLICATION SUMMARY The applicants request approval from the City of Meridian to subdivide a 6.36-acre parcel into a 3.25- acre cornmercia110t, a 1.7-acre lotto be used as a Park and Ride, withtherem~in;ng 1.41 acres to be dedicated as public right-of -way. The property is located at the southeast corner of 1-84 and Meridian Road. The 3.25-acre lot will most likely be developed as a fitness club (Gold's Gym) in the future. Last year, the Commission and Council approved a Conditional Use Permit for ACHD to develop a .Park and Ride lot. with the development of the remainder of the parcel being contingent upon approval of the subdivision and dedication oftheright-of-way through the platting process. The approval of the Conditional Use Permit last year included a waiver from the City of Meridian to allow sidewalk along only one side of the proposed road that extends north from Overland Road (Country Terrace Court). SURROUNDING PROPERTIES North - 1-84 eastbound on-ramp. Central Valley Corporate Park on the north side ofI-84. South - A 3.8-acre parcel, owned by Corinne E. Cope, zoned RI in Ada County. with a single-fu.mily residence and other agricultural outbuildings. Ten Mile Drain and a 50-foot-wide easement pp..o !.{l08 e.Jtla; A; ~ II II II I cP ;relmco='PPd~ P&Z CommissionlMayor & Council April 30, 2001 Page 2 course the extreme SW comer of the subject parcel. A 0.7-acre vacant parceL zoned C-G and owned by Flying J, touches the SW comer on the south side ofTen Mile Drain. East - Meridian Ford sales lot, zoned C-G. West - Meridian-Kuna Highway (SH69). Sandman HoteL zoned C-G, is on the west side ofSH69. SITE SPECIFIC REQUIREMENTS 1. The proposed roadway (County Terrace Court) exceeds the Meridian City Ordinance Section 12-4-2-E., which states that no street which ends in a cul-de-sac or a dead-end shall be longer than four hundred fifty feet (4501). A variance from this section of code shall be required prior to the City Council acting on this application. The roadway will need to be constructed to meet the conditions of the Meridian Fire Department and Ada County Highway District prior to issuance of a building permit on the easternmost lot. 2. Sanitary sewer and water service to the commercial lot will be provided via extension of existing lines adjacent to the site. Services must be extended to the easternmost lot prior to the issuance of a building permit. No sewer or water service is being requested by ACHD to serve the Park and Ride site. 3. Three copies of detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. Said Certificate of Zoning Compliance is required prior to issuance of building permits in accordance with City Ordinance Section 11-19-1. Landscapipg in accordance with plans approved by the Planning & Zoning Department is to be complete prior to obtaining certificates of occupancy. 4. The Site Plan shows four (4) trees within the Ten Mile Drain easement. Staff supports these locations, but a License Agreement with Nampa-Meridian Irrigation District granting approval for the trees within their easement must be submitted prior to the City granting final approval for the site. If such an Agreement cannot be obtained, the trees cannot be o~tted and must be relocated within the site. 5. The landscaping of the proposed roadway and the Park and Ride parcel shall be installed as approved in the Conditional Use Permit. 6. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonnwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog ofStonnwater Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prom'bited unless the jurisdiction which bas authority over the receiving PP..(l!..(lOg Travelers Comer.PP.doc Euih,'f ";1 ",l"P ~ / P&Z CommissionlMayor & Council April 30, 2001 Page 3 stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding shallow injection wells. 7. Ten Mile Drain is designated as an existing natural feature in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained. : 8. The site plan to be submitted for development of the 3.25-acre parcel will be reviewed for compliance with all existing ordinances at the building permit stage. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project 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. Note: Tiling ofthe Ten Mile Drain is not required. 2. Off-street parking shall be in accordance with the design standards set forth in Section 11-13- 4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and . disposed of on-site. 3. Paving and striping shall be in accordance with the standards set forth in Sections 11-13.4.D. and 1I.13-4.E.-G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4. All signage 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 will be permitted. Unapproved signage may be removed by the City of Meridian upon three days notice to the applicant. 5. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance Section 12-5- 2.K. 6. Provide streetlights in accordance with City Ordinance Section 12-5-2.M. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staffhas selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. PP-O 1-008 E~ft,'b;/ "/1" ~cf~ TB.d=Co~,PPdoc ( P&Z ComrnissionlMayor & Council April 30, 2001 Page 4 Transportation Chapter Future Conditions-_# 2 Park and Ride (page 53). 1.18U Develop and construct Park-and-Ride lots as demand requires. Ec?pomic Development Chapter 1.2 - . . .set aside areas where commercial interest and activities are to dominate. 1.4 - Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality. . . Land Use Chapter 4.3U - Encourage new commercial development within under-utilized existing commercial areas. 4.8U - Encourage commercial uses. . .to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 4.4U - Encourage landscaped setbacks for new development. STAFF RECOMMENDATION Staff recommends approval of the Preliminary Plat with the conditions noted above. PP-O 1-008 E Jt.It ,"', y. ''/1'' 1/ cP; Travelers Comer.PP .doc ~ PUBLIC HEARING SIGN-UP SHEET RECEIVED JUL -:- 5 200t CITY OF MERIDIAN DATE Jill! j f) i 2C.l(1l ~L\_fJ (\\-OZ3 l-h9" Bnrllg' C\(:'(\0e, H-rm N'O. 17- PROJECT NUMBER PROJECT NAME . " // f) NAME FOR AGAINST ;//1///111/ f--/!J/5/tJ~// ^ / I - I"