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HomeMy WebLinkAbout2000 03-21 ~ t ~ , ti I Meridian City Council Agenda March 21, 2000 @ 7:30 P.M. Roll-Call: City Council Chambers Tammy deWeerd )( Cherie McCandless Ron An erson X Keith Bird Mayor Robert Corrie A. B. Consent Aaenda Approve minutes of March 7,2000, Special Pre-Council meeting: ~i?-- c. Approve mintues of March 7,2000, City Council meeting: ~v--<--- Continued from March 7, 200~: Findings of Fact and Conclusions of Law AZ 99-021 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: .,c/.,c I IL 10 /J _ a IM.AJ v'it:. ~ I &' ,q Ct' '1:1 h t'J,~ C, I'- (;.I Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: Adult Entertainment Ordir"lance relating to zoning sc~edule~ j'k.(J';.e To /~ D' t:et.~f<?a,~etll?(C(b Tabled from March 7, 2000: indings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit for 81 ,000 s.f. mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC -1230 East Overland Road: J"tLOViL -to /411 7alJle ~l ~ 4t Zts1i1() ~ Findings of Fact and Conclusions of Law: AZ 00-003 Request for annexation and zoning of 3.68 acres to R-4 for proposed Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane, east of Black Cat Road: Q.,/l'jlYPv~ Findings of Fact and Conclusions of Law: PP 00-001 Request for preliminary plat for 11 lots on 3.68 acres in proposed R-4 zone for proposed Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane, east of Black Cat Road: ~I' p ,. 0' ve...- D. E. F. G. Meridian City Council Meeting Mcwch 21.2000 Page 1 o. P. Findings of Fact and Conclusions of Law: CtJ.? 00-005 Request for Conditional Use Permit for Papa John's Pizza in an L-Q zone for a take- out, delivery and eating establishment by Cole Associates Architects - 1580 West 4th Street, Suite 103: ~i+- W/~ft~1.tL~ b'1 "7ptl'~a~ Findings of Fact and Conclusions of Law: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. -west side of Locust Grove % mile north of Fairview Avenue: -XfIJ'; ~I'x- ~ y~ ,4; 7,4- ~pov.J!.... Findings of Fact and Conclusions of Law: CUP 00-007 Request for daycare group with 6-12 kids in an R-8 zone by Anna Kukay - 2512 E. Clarene: t:f-,p ~ V'~ Findings of Fact and Conclusions of Law: VAR 00-001 Request for variance to allow building height of 60 feet in a C-G zone for United H,ritage Corporate Headquarters by BRS Architects: a~~ Findings of Fact and Conclusions of Law: PFP 00-001 Request for preliminary/final plat for proposed Records East Subdivision, three commercial lots on 23.6 acres by Developers Diversified Realty Corporation - southeast corner of Records Drive and Fairview Avenue: ~ ",,<- Findings of Fact and Conclusions of Law: VAR 00-002 Request for a sign variance allowing a directional to be placed off premise at the north side of the entrance on Meridian Road by Home Federal: Clf~~ Findings of Fact and Conclusions of Law: VAC 00-001 Request for vacation of a 1 Q-foot wide utility and drainage easement centered on lot line common to Lots 5 and 6, Block 2, Commerce Park Subdivision located % mile east of Eagle Road on Commercial Court by 4M Leasing I Canvest: afi n>v<.,; Findings of Fact and Conclusions of. Law: VAC 00-002 Request for vacation of two 6-foot easements, north/south and east/west, by Hawkins Smith Management Co - northwest comer of Fairview Avenue and Locust Grove: ~oa ~ - +Z-I 2.,f/P() <=/~ ~. Findings of Fact and Conclusions of Law: RZ 99-005 Request for rezone of 7.265 acres from R-18 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: ar~;/..i/-; H. I. J. K. L. M. N. Meridian City Council Meeting March 21. 2000 Page 2 l- '--, Q. Development Agreement: RZ 99-005 Request for rezone of 7 .265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: tll/VTJi/J:. ~.J~~ H: 3tJ'f R. Development Agreement: AZ 99-022 Request for annexation and zoning of 10 acres to L-Q for proposed Magic View Office Complex by W.H. Moore Company - Eagl~ Road and Magic View: t'l-I';lrpv~ /U[~~ # 31v S. Development Agreement: Sl Luke's ap?r/lv~ .J!eJ' ~~ Ie 311 T. Development Agreement: AZ 99-012 Request for annexation and zoning to C-C of 13.09 acres (Wal-Mart) by Developers Diversified Realty Corporation - 4000 E. Fairview, Vi mile east of Eagle Road: 07'pH:lve. lU.rp~~ &t 3/2- Reaular Aaenda 1a. Ordinance No. &6/ : AZ 99-012 Request for annexation and zoning of 13.09 acres (Wal-Mart) by Developers Diversified I Dakota Company: ~ v:tl.- 1 b. Ordinance No. 8 6 z-: RZ 99-007 Request for rezone by Developers Diversified I Dakota Company (Wal-Mart): ~/'Py:1V~ 2. dina e o. zo of 4. cres 3. Ordinance No. gi:3 : AZ 99-022 Request for annexation and zoning of 10 acres for Magic View Office Complex by W.H. Moore Company: ~ 4. Ordinance No. G [; if-: AZ 00-001 Request for annexation and zoning by Robert Glenn: &Vf'~ ~ 5. Ordinance No. 965": RZ 00-001 Request for rezone of 1. 761 acres from R-8 and R-15 to entirely R-15 by Lynd Hoover - 1318 E. 4th Street: ~~ 6. Ordinance No. Bf 6 : RZ 99-005 Request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: ~f>YT?vJCJ Meridian City Council Meeting March 21, 2000 Page 3 7.8 8. 9. 10. 11. 12. 13. 14. 15. 16. c - -':. Tabled from March 7, 2000: CUP 00-009 Request for Conditional Use Permit for proposed office building and townhouses in an L-Q and R-8 zone of 5 acres by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: .. e/~ (L.~11-or-"P~ -//~ Ic/~ Tabled from March 7, 2000: PP 00-002 Request for preliminary plat for proposed Wesley Subdivision for 32 townhouse lots and one office lot of 5.029 acres by Centers Construction, Inc. - west side of Locust Grove % mile north 9f Fairview:. L'/LI c/~ t', iL'1 ~r~J fo ~p~ -rlr Continued Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: . _ .J~ - ~ L. 4-4--1)17 clc /t-~ ()/pf~ piA- - Aav~ tn-"*'~~GU.IU tJ 7fT"" . 0- Continued Public Hearing: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and east of Yictory: 7?L~ ~h Z ~ 4-{ 20&'0 c-/c ~ cIQ.r~ I'IA- (/ Continued Public Hearing: PP 00-003 Request for preliminary plat for Woodbridge Subdivision of 164 lots on 50.9 acres by Woodbridge Community t LLC - east side of South Locust Grove Road X mile south of Franklin Road: {Jlkt a,~J Ie ~fAAL /11 f c/~ Public Hearing: VAR 00-003 Request for reduction in the requirements for landscaping and parking for the expansion of an existing warehouse facility in an I-L zone by 4M I Canvest: a,p p//c~t- Iv J ~1t..tPta v..r Public Hearing: Request for an increase in fees for park shelters at Tully Park and Storey Park: ... . ,. --:h':;"'; e/ftj a · fo ~fJ~ rt.dc"",,~~ f /U' r~ TableOfrom March 7, 2000: Ordinance No. : AZ 99-018 Request for annexation and zoning of 7 .25 acres to C-G by Overland Mini-Storage, LLC; _ /-; y~ ~_ ft,JLL /(,,~I I ~ '~.r Executive Session as per State Code 67-2345 (c) relating to acquisition of real property I negotiations: ~ Possible action - real property acquisition: ~ Meridian City Council Meeting March 21 t 2000 Page 4 [ -:.: ' i.~ I' · tl :"": 17. Department Reports: A. City Treasurer - Janice Smith 1. Treasurer's Report ~ V~f~;=;r.e..hp;lvI.vv ~1 Paa- ~frV'.-it- B. City Engineer - Gary Smith 1. Sio-solids Dewatering Project - Change Order No. 1 .' &t--j)J7Y'PY.,v /'0, /J # I.. P tJ 2. Tully Park Easement · ~v~ 3. Country Terrace Estates Sewer Connection Issue - Sid Harmon tfiJcuSJ-etIJ C. Parks Department - Tom Kuntz 1. Renewal of farm lease with Ken Aschenbrenner: ~prDV4- 2. Bid results for Storey Park irrigation system: ~ ~"f/e- /LRjed>~ ad fH~ Meridian City Council Meeting March 21. 2000 PageS ( ( Meridian City Pre-Council Meetina March 21. 2000 The Special Pre-Council meeting of the Meridian City Council was called to order at 6:35 p.m. on Tuesday, March 21, 2000, by Mayor Robert D. Corrie. Members present: Bob Corrie, Cherie McCandless, Tammy deWeerd, Ron Anderson, Keith Bird. Others present: Bill Gordon, Bill Nichols, Gary Smith, Steve Siddoway, Janice Smith, Will Berg, Rata Cunningham, Ken Bowers. Corrie: It's 6:35 p.m., I'll open the Pre-Council hearing on Tuesday, March 21, 2000. All right, go ahead, Janice. 17. Department Reports: A. City Treasurer - Janice Smith 1. Treasurer's Report: Smith: Thank you, Mayor and Council, for letting me come in early. We've got four reports, the other one's coming right to you. We're trying to get the first one I'm going over is your balance sheet. Anderson: Which one is that? Smith: The one that says balance sheet. Bird: The one that says balance sheet as of 2-29. Anderson: I've got an assortment of a three-inch stack of paper here. Smith: That's the summary of all the cash investments that the City of Meridian has by fund, general, building and enterprise. On the second sheet you will notice that there is a discrepancy on our investments what we have versus what Buffington Moore has. They got it to us last week, but we didn't have time to review it. Usually we find the mistake, we usually find it and usually the error is on their side. So we should have that by next week and have it corrected. Anderson: What is the error? Smith: They have faxed us figures and then they gave us the report which was different. When they faxed us something to make the generar entries for an interest rate, and then all of a sudden we get the report from them and it's different, so we make them - they're going to come in here this week and we're going to say, okay, which ones do you want us to go by? The ones that we got ( Meridian City Pre-Council Meeting March 21, 2000 Page 2 ( faxed or by your report? So I'll have Rata send you a memo on where we found the error. Usually we find it- Anderson: Is what you're saying is this $30 million if it's supposed to match the $38 million? What numbers are different? Smith: Well, we're just off by $32,000. Anderson: Which number's that? Smith: Go by your balance sheet. That's what they have given us, but if you look - Anderson: This front sheet? Smith: Yes, the front sheet. Go by your balance sheet; but if you try to compare it to the investment report, it won't work. If you went and got your calculator and added them all up, there is a summary too if you looked at the summary sheet on the front. But they got it to us late last week and we just didn't have time to review what we were -- working on some stuff for the Police Department. So if you have any questions on that, you'll have to check with Reta because I'll be gone six weeks. The. next thing we're going over is your revenue expenditure report. We've modified that just a little bit. We - if you read this, it says that we met with the Police Department, and I think if you look at the next sheet, this is what's in the paper, was posted in the paper. We now balance. Our revenues now balance the expenditures with the adjustments that Reta has made on the comments where she's made these changes. The Police Department is what was in the paper; we set up a fund by itself on the variance - McCandless: Where are you now? Smith: On this sheet here, on the second page. Anderson: Page 1? Smith: Yes, it'd be Page 1, the first one is - deWeerd: It's the cover and it's the first page after the cover. Smith: Okay. Look on Page 8 of that report. We set up a non-operating cost under other government; so it's still in general, and at the end of the year when we do - part of it would probably go to a budget amendment. Bird: Now wait a minute. What is this for? This is for the Police Department (inaudible)? ( Meridian City Pre-Council Meeting March 21, 2000 Page 3 Smith: No. That's general. That's just general. It's not allocated. You decide at the end of this - Bird: That's what I thought. Okay. Smith: That's what the variance ended up being after we matched what was in the paper. By looking at these departments, you can match - this now matches what was posted in the paper. Okay. Since we're still going over budget stuff, I'm going to hand out now the budget calendar. This is the budget procedures that we're trying to establish for the City of Meridian. You'd had some changes you wanted done in the last meeting, and we've made those changes so that you could review this again, walk through it again, and come back maybe at the next - nothing can be done this meeting, but maybe next month get it done and we can have au r attorneys get together and do a resolution so we can have some procedures. We are working right now on the software to get this going by May. Hopefully we'll have it done before then, but we want to make sure that everything works. I know you guys didn't have time to go over - we just finished it today. Anderson: (inaudible) disk then, or something they can do - Smith: Yes. All in the same format. Berg: Mr. Mayor, members of the Council, the first issue is finding a date for the hearing. We have to have that in to the County soon. I think it's April 30 that we have to have it in. We need to look at your personal calendars and set that up toward the end of August, very first part of September at the latest. Anderson: Maybe the first Council meeting in April or something? Berg: If you adopt this, that's fine. We just need to look at those calendars so we can all make sure we can attend those pubic hearings. Smith: So can you - the Council and Mayor, there are some blank areas here for July. It says July, question, question, question. We need you to look at your calendars to see what would work with everybody to get with the Department Heads to go over the budget. I think Ron suggested maybe take a day off instead of trying to do it in the evening, but that's - as soon as you get those for us, we can plug those in. Everything else worked for us. So if you have any questions on that, you can get those to Rata. Anderson: Then isn't the Ale sponsoring some type of a budget seminar that tells you how to prepare them and how to present them to the public? Smith: That's April 10th if anybody needs to go to that, there is a workshop. It's on our calendar. I think you need to have that in to them early so - ;" \ 'u Meridian City Pre-Council Meeting March 21, 2000 Page 4 Anderson: I think the form is in there. Corrie: I've got a bunch of those forms. Bird: I think we had them in our boxes, didn't we? Berg: I received a fax a week and-a-half ago that I got the information; we need to get those in, and I have been faxing them in as I get them so we can get signed up. Smith: If anybody can't make it, we usually makes copies of everything we get and get it to everybody. Reta signed up to go to that also. This is the last thing I have is a wage report. Councilman Bird requested that I do a wage report for every month, and I'll break this out next month. On the last page is the Department Summary. So this next report I'll extend that Department Summary into what the costs were for regular wages, what the costs are for the overtime even though it does add it, but (inaudible) little formula in there to extend it. It kind of gives you an idea of how many employees we have in each department, too. So if you could go over this one, also, because it's the first time we've done this, to make some comments if you want to see something different that we could add and get it changed. So looking in this, it looks like the base wages are $380,006 and overtime was $25,400. I think that'll change now with the full-time fire - with three full-time fire going to their 24-hour shift. I hope to see a change in that. So as you take these home tonight and don't have anything to do after the meeting, and you have questions, get to Reta in the morning and she can - Corrie: Okay. Anybody have any questions? Bird: I have none. Smith: Thank you. (inaudible discussion amongst Council members) Item I. Findings of Fact and Conclusions of Law: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. -west side of Locust Grove Y4 mile north of Fairview Avenue: Anderson: I actually had a question about - Corrie: Oh, Centers - Item I? Centers Construction, is that the one you're talking about? Bird: Which one, Ron? (---- Meridian City Pr&-Council Meefing March 21, 2000 Page 5 Corrie: Item I. Anderson: It's not actually in the Findings of Facts and Conclusions of Law, but it wasn't on their annexation, but it was on their preliminary plat. The issue that Tammy was talking about - the pedestrian access? Did our staff ever work anything out? Corrie: Steve? You can talk about it when? Item c. Continued from March 7, 2000: Findings of Fact and Conclusions of Law AZ 99-021 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: Siddoway: Mr. Mayor, I actually have several items to go over regarding the Consent Agenda, and I was just wondering if you'd like to run through those quickly. The first item is Item C, Findings of Facts and Conclusions of Law for Woodhaven. The applicant has filed for reconsideration of the R-4 zone that was recommended, and he is being heard tonight for the plat, No. 10, on the regular agenda. So I would recommend that C be moved Item 10A. Corrie: 1 0 A or B? Bird: You've got to have it first, the plat. Corrie: You have to have it first, but one of the things that Councilwoman deWeerd was that she wanted to see the preliminary plat before she - Siddoway: What I would do is do my presentation about both issues simultaneously, and then the annexation and zoning would need to be acted on first because if the R-4 goes through, then the plat would be out of compliance, and so we need to deal with that as Item A, but I think the whole presentation needs to be made at one time. That's Item C. I'm recommending moving it to 10A. Item D. Tabled from March 7,2000: Findings of Fact and Conclusions of Law: Adult Entertainment Ordinance relating to zoning schedule: Siddoway: Item 0 is the adult entertainment ordinance. In the last City Council meeting, that had been - the motion was to move that to the regular agenda for discussion. I believe Councilwoman Tammy deWeerd wanted some discussion on the item, needed it moved off of the Consent Agenda, so I simply bring that up because I saw it in the minutes of the last meeting. ( Meridian City Pre-Council Meeting March 21,2000 Page 6 ( deWeerd: Has the attorney responded to that discussion on the adult entertainment ordinance? If we could (inaudible) designated zones? He sent us a memo on something different. Anderson: It basically says that the one (inaudible) is grandfathered (inaudible) a different zoning. deWeerd: What was raised at our last meeting, Bill, was we had three designated zones, and we would like to drop two of those off. I believe Eric was going to look into that. Nichols: Councilwoman deWeerd and Council members, Mayor Corrie, the short answer to that question is that you can have it allowed in only one zone if that's what you choose so long as there is property available in that zone designation for the business. What you can't do is allow in a zone where there's no available and/or opportunity to conduct that kind of business. deWeerd: I believe that's what Eric responded that we just need new Findings, I guess, with that zone. Nichols: If that's your pleasure, after you put it on the - if you have it as part of your discussion on the regular agenda, you can direct us to amend the Ordinance accordingly and drop out the ones that you don't want. I think there is an issue that, I don't know if it's been put into the record, but there just has to be available space; for example, if you're going to put it in an industrial zone as long as there's industrial zone land available for somebody to construct that business so if staff says, yes, it is available - Siddoway: Mr. Mayor, I was just going to say if we were relegating it to regional shopping center districts or mineral extraction district, we'd probably have an issue with that, but there's probably plenty of industrial area that's vacant and available. deWeerd: So we need to move that to the regular agenda, correct? Thank you. Bird: It'd be No. 168? Corrie: We've got Executive Session, 15 and possible action, 16. (inaudible) Executive Session first and you'd come out- Bird: Or do you want to change it to 14B, Mayor, and we'd get it out of the way before we go into Executive Session. Siddoway: I'm about to give you a 148, so you might want to make it 14C or 15A. ( . Meridian City Pre-Council Meeting March 211 2000 Page 7 ( Nichols: Mayor Corrie, members of the Council, if I may throw my two bits worth in for Mr. Berg's behalf. I think it'd be easier just to call it No. 18 and add it at the end. It's - rather than to try to find it underneath a public hearing on some other issue or something, make it - move it to a separate number. Corrie: Okay, so we move 0 from Consent - No. 18. Item E. Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit for 81,000 s.f. mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Item 14. Tabled from March 7,2000: Ordinance No. AZ 99-018 Request for annexation and zoning of 7.25 acres to C-G by Overland Mini-Storage, LLC: Siddoway: Okay. Item E on the Consent Agenda is Findings of Fact and Conclusions of Law for the Conditional Use Permit on Overland Mini Storage. We have met with the applicant several times and still have some outstanding issues as you will hear on Item - regular agenda Item No. 14 which is where they've tabled the Ordinance. We would like to move these Findings to 14A where I could make a presentation about the project and any outstanding issues that remain there. Item E would become 14A. . Item I. Findings of Fact and Conclusions of Law: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. -west side of Locust Grove Y4 mile north of Fairview Avenue: Siddoway: Next, Item I is the Findings of Facts and Conclusions of Law for Centers Construction. I believe this is being discussed. We do have revised Findings of Facts and Conclusions of Law. The revised - yes. The applicant and staff did meet as requested by Council at their last meeting. We have worked out the outstanding issues. You should have received packets yesterday with that information. I believe there are no outstanding issues that either staff or the applicant has on them. You may want to put it in the regular agenda just to allow the applicant a chance to comment, but we have met; they have had a chance to review them. I don't believe there are any outstanding issues on them. Just want to point that out to make sure you realize you're acting on the revised set and not the original set of Findings. Bird: Mr. Mayor, that one, I, maybe we should move it to 7A in front of the Conditional Use Permit. Siddoway: That is for the same project, so that would work easily. ( Meridian City Pre-Council Meeting March 21 t 2000 Page 8 ( Bird: I think that's the one Councilman deWeerd had questions on. Anderson: Mr. Mayor, Steve, if I could speak - you weren't at the last meeting, but on both of these projects, Item I, the Centers Construction, and the mini storage, the issue was really that we don't want to sit in the City Council meeting and debate things that ought to be worked out at the staff level. I guess if this is coming back up and the landscaping is still an issue, I really don't want to hear it tonight until you guys can work that out. Siddoway: On Centers, we have the issues worked out. On overland Mini Storage, staffs position is we recommend that it be remanded back to Planning and Zoning because their revised landscape plans have significant modifications to what was reviewed by them and approved in those meetings. That's going to be what we recommend on that because we have worked - we have gone through four versions of this landscape plan and cannot - so far they're unwilling to shorten the buildings to allow buffer along the Nine Mile Creek. I don't know if you want the details, but since it is design issues and it is a design issue that is a modification of what was recommended to you and approved by the Planning and Zoning Commission , we would recommend that it be remanded back to them for a decision unless you feel you can make the decision tonight. Anderson: But the issue was that at the time they originally submitted, they didn't know there was a sewer easement and they can't plant in that sewer easement and stuff like that? Siddoway: Correct. Anderson: I really think those kinds of issues ought to be worked out back at the staff level and not tie up the meeting time to debate those. Siddoway: I agree. If you're saying that we should do it as just as staff without the Planning and Zoning Commission or - we have tried to do that, and we are at an impasse, basically. Anderson: At the time when it went through Planning and Zoning, was the issue about the sewer and the easement, was that known? Siddoway: So it's basically new information? Siddoway: It was new information that was submitted with the final plat that only goes to City Council. That is why when that was submitted, Shari Stiles brought it to you as an issue that all of a sudden we have a sewer easement where there was a major landscape buffer promised to buffer adjacent properties and to dress up Nine Mile Creek. We've gone through several revisions to try and address that issue but still feel that it is insufficient; therefore, we can allow the applicant ( Meridian City Pre-Council Meetirlg March 21,2000 Page 9 ( to make their case to you as to why it's a reasonable compromise, and if you feel so, just approve it as-is, or remand it back to Planning and Zoning Commission to resolve the issue. That's what I see as the options. Anderson: So there is really no compromise in the - between you guys and the developer on the landscaping, then? I would think there would be some room for compromise that maybe we could cut back on some of the landscaping and maybe he could cut back on some of the building or - have those options been discussed or not? Siddoway: Yes, options are discussed. They - do you want more details? They kept the buildings the same, added a planter at the end of each building that would hold one tree. Those trees are basically 55 on center; the Findings of Facts and Conclusions of law require a minimum of trees of 35 feet on center, so we would need at least two - if you agree to the 55 feet on center is fine, there is one on the end of each building, then that could go through and be approved tonight. I presented this to Shari Stiles on the phone, she said no. You need a continuous buffer as was promised in the hearings at Planning and Zoning Commission. At least six feet wide outside of the easement and to finish the buildings accordingly, and the applicant does not want to do that. Anderson: Okay. Berg: In the last meeting, members of the Council, you approved the Development Agreement for this project. My only concern dealing with annexation if there are things in the Development Agreement which is of Findings of Facts and Conclusions of Law for annexation, if there are some issues that are going to be submitted back, we send the whole project back, and you sent the Development Agreement - we have not required it yet because I know this issue was here, so we've just held onto the Development Agreement as such. Mayor: Sounds like a legal question to me. Nichols: Mayor, members of the Council, Mr. Berg, has the City signed a Development Ag reement? Berg: Mr. Mayor, members of the Council, Mr. Nichols, the Mayor has not signed it yet, but the Council approved it at the last City Council meeting. Nichols: I'm - Mr. Mayor, members of the Council, I'd like to look at the file when we get to that particular issue and see if I can tell by looking at the Development Agreement whether we've got room or not. I think we have to look at the agreement since it was approved by the Council. Corrie: Okay. We'll move that one to 14A, then. ( Item O. Findings of Fact and Conclusions of Law: V AC 00-002 Request for vacation of two 6-foot easements, north/south and east/west, by Hawkins Smith Management Co - northwest corner of Fairview Avenue and Locust Grove: Siddoway: Mr. Mayor, my final item is Letter 0 on the Consent Agenda. It is a vacation for Hawkins Smith. You probably received - there was an item sitting on the table when I got here today. A response from Marlene St. George. I also received a memo from here earlier today requesting that this item be tabled to April 4th because the legals had not been acquired yet to relinquish the rights of those easements by the power companies. I believe what this letter that we now - the latest letter has in it and staff's position after discussions late this afternoon with the applicant are that you would go ahead and approve these Findings of Facts and Conclusions of Law for the vacation - would ask Gary to respond to this as well, the reason is the applicant cannot get relinquishment letters until the utilities are physically moved. They cannot physically move the utilities until they get the building permits. There already are in staff comments in the Findings of Facts and Conclusions of Law a requirement for them to submit those relinquishment letters to the Building Department prior to occupancy, so we feel like we're covered, but it's kind of a chicken-egg thing: we can't wait for the relinquishment letters before we approve the vacation because they're not going to give up their right to that easement until after the utilities are moved to a new location. Do you have any comments, Gary, on that? So we would basically state that this one would remain on the Consent Agenda, but just wanted to give that background as to the issues that have come up today. deWeerd: So that doesn't need to be tabled? Siddoway: We would say that it does not need to be tabled. There's no reason to table it to wait for the relinquishment letters because they're not going to get them on the 4th either. We need to get the building permits and be able to begin construction and move the utilities to a new location, give that new easement, and then the other utilities companies will relinquish the other easements. Those relinquishment letters will be required prior to occupancy and given to the Building Department. Berg: Mr. Mayor, members of the Council, I don't believe there has been Findings prepared for your packets; I haven't received any because of this issue of not receiving the legals. I don't know if there's any to approve. Corrie: All we've got is a Development Agreement, right? That's what - oh. That's the wrong item. I'm sorry. Nichols: Mr. Mayor, members of the Council, this vacation of easements was a requirement of the Development Agreement and the Decision of Order with regard to this particular development. So, yes, you have the Development ( \. Meridian City Pre-Gouncil Meeting March 21, 2000 Page 11 (~ Agreement already, I believe. It's just that this was a particular vacation proceeding for these specific easements. So we don't have the Findings of Facts and Conclusions of Law because we were waiting on the relinquishments which we usually require before we vacate them. If they're not in Mr. Berg's materials, then we haven't prepared them. So there's nothing to be acted upon in the Consent Agenda. Corrie: So we need to table that to 4/4 ? Nichols: And Mayor, members of the Council, based upon this discussion, we will prepare them and have them ready for 4/4 based upon staff comments. Item H. Findings of Fact and Conclusions of Law: CUP 00-005 Request for Conditional Use Permit for Papa John's Pizza in an L- a zone for a take-out, delivery and eating establishment by Cole Associates Architects - 1580 West 4th Street, Suite 1 03: Corrie: Item H is just - the Findings of Facts on H was that we were getting rid of it. Nichols: Mr. Mayor, with regard to Item H, we have, I think, furnished to the Council a copy of the letter that we received that basically shows that they've withdrawn it. There are no Findings of Fact to approve denying that CUP. I think we can just simply strike that in the agenda and consider it withdrawn. deWeerd: would that be (inaudible) with N, too? Corrie: Findings of Facts for the 4M Leasing? Item 12. Public Hearing: VAR 00-003 Request for reduction in the requirements for landscaping and parking for the expansion of an existing warehouse facility in an I-L zone by 4M I Canvest: Siddoway: No because N hasn't been withdrawn. They're still vacating it. They've only withdrawn the variance. The reason for that, they've decided to comply with the Ordinance rather than to try to get a variance from it, and they actually already have an approved Certificate of Zoning Compliance based on current ordinances for landscaping and parking, so they withdrew their variance application. Bird: But N stays on the Consent Agenda, right? Corrie: I guess on the regular agenda, No.2, the Ordinance for the request for the annexation and zoning of Walgreen's, we already did that, right? Under- (inaudible) So that would be stricken as well when we get to the agenda, No.2, since we've already done it. All right. Anything else? ( Meridian City Pre-Council Meetlhg March 21, 2000 Page 12 ( (Discussion amongst Council members) Berg: Mr. Mayor, just as a point of clarification, if I may. Did all of you receive the revised Page 1 for the Ordinance for the Leavell's property? Item 6. I'll just briefly describe to you - in the summary of the Ordinance it's correct. In Section 1 under the Findings, No.1 J it says the property is described from R-15 to L-Q is incorrect. At the end of the summary it says from R..8 to R-15 which is correct, and we made that correction with the staff at the attorney's office. So that's a type change which I do have the original that you sent me. The summary is the correct designation for the rezone. Item A. Approve minutes of March 7, 2000, Special Pre-Council meeting: Corrie: And then the Pre-Council, Item A, should be withdrawn until the 4th? Is that what this memo is about? Bird: Mr. Mayor, I would move that we go into the regular agenda Item 15 which was an Executive Session per State Code 67-2345(c) relating to the acquisition of real property and negotiations right now and then come back. McCandless: Second. Corrie: Do we need to go out of the Pre-Council hearing and then go into that or can we go right straight from here to there? So we can just go ahead and do that, then? All right. I've got a motion and second to go into Executive Session. Any further discussion? Roll-call vote. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; bird, aye. MOTION CARRIED: ALL AYES Corrie: Thank you for being patient with the Council. We decided to do an Executive Session during the Consent Agenda reading. Council, I'll entertain a motion to come out of the Executive Session and also then we'll close the Pre- Council hearing. Bird: Mr. Mayor, I move that we come out of the Executive Session with nothing accomplished. deWeerd: Second. Corrie: Motion made and seconded to come out of the Executive Session with no decisions being made. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES (r \.. Meridian City Pr&Council Meeting March 21, 2000 Page 13 ( Corrie: I'll also take a motion to close the Pre-Council hearings. Anderson: So moved. Corrie: Okay, motion is made and seconded to close the Pre-Council hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) . ,-~ /hrn-tv&:( IL~ 8/)-~- fJr~)/~ehf 6hj C:o~~ ATTEST: ( ( Meridian City Council Meetina March 21. 2000 The regularly scheduled meeting of the Meridian City Council was called to order at 8:00 p.m. on Tuesday, March 21, 2000, by Mayor Robert D. Corrie. Members present: Bob Corrie, Tammy deWeerd, Ron Anderson, Cherie McCandless, Keith Bird. Others present: Bill Nichols, Gary Smith, Steve Siddoway, Bill Gigray, ken Bowers, Will Berg, Tom Kuntz, Keith Borup. Item A. Item B. Item C. Item D. Item E. Item F. Item G. Item H. Approve minutes of March 7, 2000, Special Pre-Council meeting: Approve minutes of March 7, 2000, City Council meeting: Continued from March 7, 2000: Findings of Fact and Conclusions of Law AZ 99-021 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: Adult Entertainment Ordinance relating to zoning schedule: Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit for 81 ,000 s.f. mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Findings of Fact and Conclusions of Law: AZ 00-003 Request for annexation and zoning of 3.68 acres to R-4 for proposed Pintail PQinte Subdivision by Jeff Manship - south side of Cherry Lane, east of Black Cat Road: Findings of Fact and Conclusions of Law: PP 00-001 Request for preliminary plat for 11 lots on 3.68 acres in proposed R-4 zone for proposed Pintail Pointe Subdivision by Jeff Manship - south side of Cherry Lane, east of Black Cat Road: Findings of Fact and Conclusions of Law: CUP 00-005 Request for Conditional Use Permit for Papa John's Pizza in an L- o zone for a take-out, delivery and eating establishment by Cole Associates Architects - 1580 West 4th Street, Suite 103: / (, Meridian City Council Meeting. March 21, 2000 Page 2 Item I. Item J. Item K. Item L. Item M. Item N. Item o. Item P. Item Q. Findings of Fact and Conclusions of Law: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-O and R-8 by Centers Construction, Inc. -west side of Locust Grove % mile north of Fairview Avenue: Findings of Fact and Conclusions of Law: CUP 00-007 Request for daycare group with 6-12 kids in an R-8 zone by Anna Kukay - 2512 E. Clarene: Findings of Fact and Conclusions of Law: V AR 00-001 Request for variance to allow building height of 60 feet in a C-G zone for United Heritage Corporate Headquarters by BRS Arch itects: Findings of Fact and Conclusions of Law: PFP 00-001 Request for preliminary/final plat for proposed Records East Subdivision, three commercial lots on 23.6 acres by Developers Diversified Realty Corporation - southeast corner of Records Drive and Fairview Avenue: Findings of Fact and Conclusions of Law: V AR 00-002 Request for a sign variance allowing a directional to be placed off premise at the north side of the entrance on Meridian Road by Home Federal: Findings of Fact and Conclusions of Law: V AC 00-001 Request for vacation of a 10-foot wide utility and drainage easement centered on lot line common to Lots 5 and 6, Block 2, Commerce Park Subdivision located % mile east of Eagle Road on Commercial Court by 4M Leasing I Canvest: Findings of Fact and Conclusions of Law: V AC 00-002 Request for vacation of two 6-foot easements, north/south and east/west, by Hawkins Smith Management Co - northwest corner of Fairview Avenue and Locust Grove: Findings of Fact and Conclusions of Law: RZ 99-005 Request for rezone of 7.265 acres from R-18 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: Development Agreement: RZ 99-005 Request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: ( Meridian City Council Meeting March 21, 2000 Page 3 ( Item R. Development Agreement: AZ 99-022 Request for annexation and zoning of 1 0 acres to L-Q for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Item S. Development Agreement: St. Luke's: Item T. Development Agreement: AZ 99-012 Request for annexation and zoning to C-C of 13.09 acres (Wal-Mart) by Developers Diversified Realty Corporation - 4000 E. Fairview, % mile east of Eagle Road: Corrie: Okay. I'll call the regular City Council meeting to order on March 21, 2000. I'll open the City Council to - for the Consent Agenda and the regular agenda. So we'll start with a roll-call vote, Mr. Berg. I want to welcome everybody here this evening. Again, I apologize for the delay that we had tonight. Also, I want to welcome the Scout Troop 198 that's here with us this evening. Welcome. Council, you have the Consent Agenda, items A through T. What is the pleasure of the Council? McCandless: Mr. Mayor, I move that we approve the Consent Agenda with the following exceptions: C, that it's moved to the regular agenda; D has also moved to the regular agenda; E and I moved to the regular agenda; table 0; and omit H and A. Bird: I'll second that. Corrie: Motion made and seconded. Further discussion? Anderson: Mr. Mayor, I think we also need to add on there that the Council minutes were not available. Bird: That was Item A. Anderson: Okay. Corrie: And also what about Item H? Do we need to strike that? Bird: She did in her motion. Corrie: Okay. Council, you've heard the request from the Councilwoman. Is there any more discussion? Hearing none, all those in favor of the changes say aye. MOTION CARRIED: ALL AYES ('_ u_ .. Meridian City Council Meeting U. March 21, 2000 Page 4 (' Corrie: For the ones in the audience, Item C will be moved to 1 0; D will be moved to Item 18; and E will be moved to Item 14. Item 1. Ordinance No. 861: AZ 99-012 Request for annexation and zoning of 13.09 acres (Wal-Mart) by Developers Diversified I Dakota Company: Corrie: I'll open the regular agenda. Item 1 is Ordinance request for annexation and zoning of 13.09 acres, Wal-Mart, by Developers Diversified I Dakota Company. Mr. Clerk, what number will that be? Berg: Mr. Mayor, Ordinance No. 861. Corrie: 861. All right. If the Clerk will read the Ordinance No. 861 by title only, please. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 861, AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C-C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IOHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. Corrie: Okay. Thank you. Is there anyone from the audience that would like to hear Ordinance No. 861 read in its entirety? Hearing none, I'll entertain a motion from Council on Ordinance No. 861. Anderson: Mr. Mayor. I would make a motion that we approve Ordinance No. 861 with suspension of the rules for the request and annexation and zoning for (inaudible) 13.09 acres for Wal-Mart. ('U. _ ( Meridian City Council Meeting March 21, 2000 Page 5 Bird: Second. Corrie: Motion made by Mr. Anderson, seconded by Mr. Bird to approve Ordinance No. 861 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-call: deWeerd, abstain; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Item 2. Ordinance No. 862: RZ 99-007 Request for rezone by Developers Diversified I Dakota Company (Wal-Mart): Corrie: Item No.2, Ordinance No. 862 is a request for rezone by Developers Diversified / Dakota Company for Wal-Mart. Mr. Clerk, if you'll read Ordinance No. 862 in title only. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 862: AN ORDINANCE FINDING THAT THE OWNER 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 I-L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICTO AS DEFINED UNDER 9 11-2- 408b(9) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICAL MAPS OF THE CITY OF MERIDIAN, IDAHO. Corrie: Okay. You've heard the reading of Ordinance No. 862. Is there anyone who would like to have the Ordinance No. 862 read in its entirety? Hearing none, I'll entertain a motion from Council on Item 2, Ordinance No. 862. Bird: I move that we pass Ordinance No. 862 with a suspension of rules for the request of rezone by Developers Diversified I Dakota Company, Wal-Mart. Anderson: Second. Corrie: Motion is made and seconded to approve Ordinance No. 862 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. RoIl-calI: deWeerd, abstain; Anderson, aye; McCandless, aye; Bird, aye. (--- , Meridian City Council Meeting March 21 t 2000 Page 6 I" ( MOTION CARRIED: THREE AYES, ONE ABSTAINED Corrie: I n the regular agenda, it shows Ordinance, request of annexation and zoning of 4.34 acres by Walgreen's. That's a misprint. We voted on that last time. It was Ordinance No. 859 and it was passed. We will not have that Ordinance. Item 3. Ordinance No. 863: AZ 99-022 Request for annexation and zoning of 10 acres for Magic View Office Complex by W.H. Moore Company: Corrie: Item No.3, Ordinance No. 863, request for annexation and zoning of 1 0 acres for Magic View Office Complex by W.H. Moore Company. Clerk, if you will read Ordinance No. 863 by its title. Berg: Thank you, Mr. Mayor. ORDINANCE NO. 863: AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPRE LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO REPEALING ALL ORDINANCE,S RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO Idaho CODE SECTION 50-223 AND SECTION 63-2215. Corrie: You've hard the reading of Ordinance No. 863 by title only. Is there anyone from the audience that would like to have Ordinance No. 863 read in its entirety? Okay. Hearing none, I'll entertain a motion from Council on Ordinance No. 863. McCandless: Mr. Mayor, I move that we adopt Ordinance No. 863, a request for annexation and zoning of 1 0 acres for Magic View Office Complex by W.H. Moore Company with suspension of rules. Bird: Second. (-- Meridian City Council Meeting March 21 t 2000 Page 7 ( Corrie: Motion's been made and seconded to approve Ordinance No. 863 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. RoIl-calI: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 4. Ordinance No. 864: AZ 00-001 Request for annexation and zoning by Robert Glenn: Corrie: Item No.4, Ordinance No. 864, request for annexation and zoning by Robert Glenn. Now have Ordinance No. 864 read by title only. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 864: AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND IFNDING THAT THE OWNER HAS MADE A REUQEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH THE ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO; PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. Corrie: We've heard the reading of Ordinance No. 864 by title only. Is there anyone from the public that would like to have Ordinance No. 864 read in its entirety? Hearing none, I'll entertain a motion from Council on Ordinance No. 864. deWeerd: Mr. Mayor, I move that we adopt Ordinance No. 864 for request for annexation and zoning by Robert Glenn with suspension of rules. Bird: Second. (-.-' ... Meridian City Council MeetingU .. March 21 t 2000 Page 8 ( , Corrie: motion made and seconded to adopt Ordinance 864 with suspension of rules. Any further discussion? Roll-call vote, Mr. Clerk. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 5. Ordinance No. 865: RZ 00-001 Request for rezone of 1.761 acres from R-8 and R-15 to entirely R-15 by Lynd Hoover - 1318 E. 4th St. : Corrie: Item No.5, Ordinance No. 865, request for rezone of 1.761 acres from R-8 to R-15 to entirely R-15 b Lynd Hoover, 1318 East 4th Street. Mr. Clerk, if you will read Ordinance No. 865 by title only, please. Berg: Mr. Mayor, members of the Council. ORDINANCE NO. 865: AN ORDINANCE FINDING THAT THE OWNER 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-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICTO ZONING DISTRICTS TO ENTIRELY R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE 9 11-7-2 E; 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. 865 by title only. Is there anyone in the audience that would like to have Ordinance 865 read in its entirety? Hearing none, I'll entertain a motion on the Ordinance. Bird: Mr. Mayor, I move that we pass Ordinance No. 865, request for rezone of 1.761 acres from R-8 and R-15 to entirely R-15 by Lynd Hoover, 1318 E. 4th Street, and for the Mayor to sign and the Clerk to attest with a suspension of ru les . deWeerd : Second. Corrie: Motion is made and seconded to approve Ordinance No. 865 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk ( Meridian City Council Meeting-U - March 21, 2000 Page 9 ( Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 6. Ordinance No. 866: RZ 99-005 Request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: Corrie: Item No.6 is Ordinance No. 866, request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II. Mr. Clerk, would you read Ordinance No. 866 by title only, please. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 866: AN ORDINANCE FINDING THAT THE OWNER 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-8 (MEDIUM DENSITY RESIDENTIALO ZONING DISTRICT TO R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER 9 11-2-4088(5) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN 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 Ordinance 866 by title only. Is there anyone that would like to have the Ordinance read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 866. deWeerd: Mr. Mayor, I move that we adopt Ordinance No. 866, request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II and for the Mayor to sign and the Clerk to attest with suspension of rules. Bird: Second. Corrie: Motion made and seconded to have Ordinance No. 866 approved with suspension of rules. Any further discussion? Anderson: Mr. Mayor, on Page 1 of that Ordinance do we need to correct those findings where it talks about R-15 to L-O or make a note of that? Corrie: I think he has the proper one in front of him, right? Changes made? ( Meridian City Council Meeting ... March 211 2000 Page 1 0 Anderson: Yes. If we just make a note that finding one on page one should match the summary, it's a request from R-8 to R-15, not R-15 to L-O. Corrie: Any further discussion? With that, roll-call vote, Mr. Clerk Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 7b. Tabled from March 7,2000: CUP 00-009 Request for Conditional Use Permit for proposed office building and townhouses in an L-O and R-8 zone of 5 acres by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: Item 7b. (Item I) Findings of Fact and Conclusions of Law: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. -west side of Locust Grove % mile north of Fairview Avenue: Corrie: Item No. 7a, this is a request for Conditional Use Permit for proposed office building and townhouses in an L-Q and R-8 zone of five acres by Centers Construction, Inc., west side of Locust Grove % mile north of Fairview Avenue. I believe there is also Item I which was also the Findings of Facts and Conclusions of Law, request for annexation and zoning of 5.029 acres from L-Q to R-8 by Centers Construction. Okay. Staff, comments first. Siddoway: Mayor, members of the Council, you have before you on the screen the vicinity map of the area to refresh your memory of the site of the subject parcel is hatched. It's along Locust Grove north of Fairview. North of the subject parcel is Gem Park Subdivision. To the west is Meridian Place Subdivision, and to the south in the white is Doris Subdivision currently in the county. They have submitted building elevations you've seen previously. I won't spend a lot of time with those. I was out on site, took site photos. This is a view of the site as taken from Locust Grove looking to the west. There are several large trees on this property all of which I believe will be removed as part of this project. This is standing in the center of the site looking south to Doris Subdivision. Here we have a view looking to the west into Meridian Place Subdivision. You can see - there's been an issue about easements several times before. White we were on site, there were children using the site to access due to Chief Joseph. I just thought that was an interesting thing to point out. Turning - looking a little further northwest, you can see the relationship between the subject parcel and the lots that are in Gem Park Subdivision. There has been some discussion or concern about the elevations, and you should have in your packets -you can see a slight rise between Gem Park and this diagram on the left in the proposed Wesley Subdivision on the right. That existing rise is anywhere from one and-a-half to four feet; you should have a copy of this already submitted to you. Turning and ( . Meridian City Council Meeting.. March 21, 2000 Page 11 ( looking east back toward Locust Grove, this is the view. You can see the trees, ashes and catalpas. At the request of the City Council from the last City Council meeting, staff and the applicant did meet to resolve the outstanding issues in the Findings of Facts and Conclusions of Law and have reached agreement. You should have a copy of that in your packets. This is the plat that it reflects that agreement. It has a revision date of September 15th, I believe. You - this is a copy of the recommendation to City Council. You will notice the revised comments note in this area to say that these are the revised - I'm sorry - these are the revised comments that came as a result of the meeting between the staff and the applicant. I don't feel a need to go into those changes in any detail unless there are any specific questions from the Council. That's all I have at this point. Corrie: Questions from Council? deWeerd: Mr. Mayor. Steve, was the connection to Doris Subdivision made? Siddoway: No. They were not able to work out an agreement for public access. The owner of the parcel in Doris Subdivision is willing to do private, gated access, but staff's feeling - it's in - we would like to see that go through, but we feel that if it's not public access, then forcing Wesley Subdivision to put one that potentially goes nowhere doesn't make any sense. You'll notice No. 1.24 of the recommendation to City Council, we state that during the annexation and zoning hearing for the property, the Planning and Zoning Commission expressed desire to have a pedestrian easement granted connecting to Doris Subdivision and Meridian Place Subdivision to allow the school children to get to Chief Joseph Elementary without being forced out onto Locust Grove Road. Staff does recommend that we use easements to the plat if agreement to continue the paths can be reached with the neighboring property owners. That agreement was not reached as a public access. The neighbor in Doris Subdivision was willing to grant private, gated access that he'd control, but not public access; therefore, we did not feel that it should be required for the Wesley Subdivision. deWeerd: One last question, then, are you gaining an additional lot, then, for open space? P & Z had requested two lots. When they came to us, they gave us one. We stated at our last meeting we'd like to stay with the two. Siddoway: Okay, I was not informed that the City Council wanted to stay with the two. We did go back and - if I can break for just a second. Mr. Berg, can I get a pointer? That would help me immensely. Okay, the applicant has given up one lot at this location instead of the two. You will see that there's a - most of these other buildings are duplex-style townhouses. This one is only half of one. With the open space here, they did shift - they had 25 feet-wide landscape buffer in here. They were only needed 20 per the Ordinance between the incompatible adjacent uses, so they shifted that additional five feet to this area is a well. They provided to us calculations which you will find in 1.11 of the recommendation to ! ( ( Meridian City Council Meeting March 211 2000 Page 12 city council. They do show that whether you include the net portion of the site that is just R-8 of 4.787 and they're not including the Locust Grove right-af-way as part of the open space calculation. They still have 11.36. In our discussions with them, we decided that was meeting the intent of the Ordinance and these comments were based on approval of this plan. deWeerd: I just have one question. Is it because of the drainage area? Does it need to be in that corner or can it be to the south so that if that property owner ever were to open it up, then you would have that pathway there and you wouldn't have to do any modifications? If you just kind of switched that - (inaudible) drainage issue - Siddoway: Again, I don't know about the drainage issue. I don't know if Gary knows of the drainage issue. I do know that it does drain from east to west. Whether it's on the north side or the south side of the street there, I don't think, is a big deal. deWeerd: Just a question. Corrie: Any other questions or discussions? Okay. Then I think we need to vote on the Findings of Facts and Conclusions of Law on the annexation and zoning. Do that one first? That would be the revised? Take a stab at it there? deWeerd: Mr. Mayor, I guess if it's an option that they could flip-flop that open space to the bottom so that pathway's still a possibility, if we could leave that at a staff level working an still be able to pass these Findings, that would be my preference if that's an option. Anderson: I didn't think we were that far off at the last meeting from getting that pathway. I didn't think there was any problem; it was just a matter of working out the details, but apparently that didn't work. deWeerd: I understand the issue of leaving just a path going nowhere if he doesn't leave that open, but if you put the open space down there, then you're not necessarily leaving a path going nowhere. It's just open space. So that would be an alternative to having that path there. Corrie: What you're saying is to flip-flop the north site to the south site? Bird: Yeah, there's 21 and 22 (inaudible). Corrie: Do you really want to - you lose the open space. Bird: You'd have to bring your circle down to the south. deWeerd: And your road would then go with the property, line up. ( -,--- \ Meridian City Council Meeting March 21, 2000 Page 13 Corrie: It's changing the plat, however. You would have to - I would think so. Bill - you're changing lots and everything else. Nichols: Mr. Mayor, members of the Council, whether or not it constitutes real changes, it's always the essential question, but if the developer's here and can comment on the issue, that might be helpful to the Council. Corrie: Is the developer here tonight? Could you kind of give us some feelings from your side of it? Canning: Yes. My name's Joe Canning, and regarding the original question on which way the property drains, the northwest corner is the low corner of the site. There's probably more fall from the east side to the west side than from the south to the north, but definitely it is the low sides, that Lot 18. There's also an existing storm sewer that runs inside the property adjacent to that unless property line (inaudible) pathway right in that area right up to that drain, the tiled drain ditch that goes through Gem Park Subdivision. That was another encroachment, but it's buried, but it is an encroachment in that park area. That was the reason that 18 was chosen for the open space. Thank you. Corrie: Any other discussion? Bird: I have none. Corrie: I'll entertain a motion on the Findings of Facts and Conclusions of Law for the application for annexation and zoning. Anderson: Mr. Mayor, I'd make a motion that we approve the Findings of Facts and Conclusions of Law for the annexation and zoning of 5.029 acres to L-Q and R-8 for Centers Construction. Bird: Mr. Mayor, Mr. Anderson, is that the revised comments 3-20-00? Revised site plan dated 3-15-00? Anderson: Yes, it is. Bird: I'll second it, then. Corrie: Motion is made and seconded to approve the Conditional Use Permit as proposed in the revised edition of 3-20-00 on the Findings of Facts and Conclusions of Law. Nichols: Mr. Mayor, I think the current motion is on the Findings of Facts and Conclusions of Law with regard to the annexation. The plat issue actually comes up in connection with the Conditional Use Permit. (~ Meridian City Council Meeting .. March 21 t 2000 Page 14 (~~- Corrie: Oh . You're right. Bird: I'll withdraw my second. We've got to take these dates out, don't we? Nichols: Mr. Mayor, members of the Council, I think Mr. Anderson made a motion, Mr. Bird asked him to amend it; if Mr. Bird and Mr. Anderson will agree that we're just back to the Findings of Facts and Conclusions of Law on the annexation and zoning, I think we're square. Bird: I agree. Anderson: I'll take it back to my original motion on the approval of the Findings of Facts and Conclusions of Law. Bird: I'll second it. Corrie: Motion is made to approve the Findings of Facts and Conclusions of Law, the original Findings of Facts and Conclusions of Law on the application for annexation and zoning of 5.029 acres for Centers Subdivision. Is there any further discussion? Hearing none, all those in favor of the motion say aye. Berg: Mr. Mayor, it needs to be a roll-call vote. Corrie: It needs to be? On a Conditional Use Permit? Okay. Roll-call vote. RoIl-calI: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Now the request for the Conditional Use Permit for proposed office building and townhouses in an L-Q and R-8 zone of five acres by Centers Construction, Inc. Your comments are the same? Siddoway: I have no further comments than what's already been stated, Mr. Mayor. Corrie: All right. Any further discussion from Council? Bird: I have none. deWeerd: I have none. Anderson: None. Corrie: Okay. I'll entertain a motion on the request for the Conditional Use Permit. ( Meridian City Council Meeting March 21 t 2000 Page 15 Bird: Mr. Mayor, I move that we approve the Conditional Use Permit for proposed office building and townhouses in an L-Q and R-8 zone of five acres by Centers Construction, Inc., west side of Locust Grove % mile north of Fairview Avenue with suspension of rules and to the recommendations from the revised comments of 3-20-00 and the revised site plan of 3-15-00 and prepare the Findings of Facts and Conclusions of Law. deWeerd: Second. Corrie: Motion made and seconded to request for the Conditional Use Permit on Item No.7 and have the attorney draw up the Findings of Facts and Conclusions of Law based upon the motion. Any further discussion? Hearing none, roll-call vote, please. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: I'd like to back up and have the Council - I failed to have them accept the Consent Agenda as revised in the original motion. So if we can get that motion of accepted Consent Agenda. Bird: Mr. Mayor, I move that we approve the revised Consent Agenda from the meeting. deWeerd: Second. Corrie: Motion made and seconded to accept the revised Consent Agenda. Any further discussion? Okay, Mr. Bird, if you can give us a roll-call vote, please. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Also let the record show to thank the gentleman in the audience for letting us use his laser beam there. Item 8. Tabled from March 7, 2000: PP 00-002 Request for preliminary plat for proposed Wesley Subdivision for 32 townhouse lots and one office lot of 5.029 acres by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview: Corrie: Item No.8, this was tabled from March 7, 2000, request for preliminary plat for proposed Wesley Subdivision, 32 townhouse lots and one office lot for 5.029 acres by Centers Construction, Inc., west side of Locust Grove % mile north of Fairview. Staff, comments? t (... Meridian City Council Meeting... March 21, 2000 Page 16 ( Siddoway: No further comments - already been proposed, Mr. Mayor. Corrie: Any discussion of Council on the preliminary plat? Okay. Hearing none, ('II entertain a motion on the recommendation for request of preliminary plat for proposed Wesley Subdivision. deWeerd: Mr. Mayor, I move that we request the City Attorney to prepare Findings of Facts and Conclusions of Law to approve the request for preliminary plat, the one that we just received, for proposed Wesley Subdivision for 32 townhouse lots and one office lot of 5.029 acres by Centers Construction, Inc., west side of Locust Grove Y4 mile north of Fairview. Bird: Second. Corrie: Motion is made and seconded to approve the request for the preliminary plat of proposed Wesley Subdivision for 32 townhouse lots and one office lot and for the attorney to draw up Findings of Facts and Conclusions of Law. Any further discussion? Roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Corrie: Item No. 9 is a continued public hearing; amendment of Fireworks Ordinance and adoption of new fees. At this time I'll open, re-open the public hearing, it's a continued public hearing and invite staff comments first. Bowers: Kenny Bowers, Fire Chief, 540 East Franklin. We took the testimony that was presented to you people weeks ago on the Fireworks Ordinance. We updated the definitions of fireworks to be in line with the state Ordinance. We took out a lot of the definitions basically on some of the fireworks that didn't exist anymore, updated some of the stuff there. We changed some stuff on a little bit of who can apply for permits also by the State. We changed the dates when the tents and the booths will need to be torn down after the sale of fireworks; got them to be the same. Attorney Bill Nichols added a little bit of wording into the insurance requirements. As you can see, it was quite a bit more wording than what the attorney had before in there on coverage. Page 1 0, on the Page 1 0 of the Ordinance, there was quite a concern on who can be in a booth or a tent. We kind of went through and reworded that a little bit for the purpose of the vendors. I hope that'll be able to work out with them. If not, the City Council will probably have to decide on an age limit that can be in a booth that are selling or help selling. That's kind of a deal for civic groups and stuff for kids that like to do that. We also changed the part where the watchman, watchperson, whatever (' Meridian City Council Meeting. March 21, 2000 Page 17 ( you want to call them, is watching the tents and the booths at night. We changed that a little bit. On Page 11 where it talks about the tents and stand sizes, we put in there we basically left it the same wording with the approval of the Fire Department on the size. N, on Page 11, this is the part that was brought up about no tents or stands shall be erected in a location where retail sales are not allowed. Basically coming right out of the Ordinance, Planning and Zoning, so really there's - until that gets changed, there wouldn't be any way we could change ours. In talking with Shari, she does not have a problem with the booths and the stands in those areas. Also, on Page 12, there was a concern on where the vendors needed to keep their records. We reworded that at this time. We hope that'll work out and help out for them. Does City Council have any questions of the Fire Department at this time? Corrie: Okay, this is the second draft? Bowers: This is the second draft, yes. Corrie: Dated March 15, 2000? That's the corrected? Bowers: Yes. Corrie: Any questions of Council? Bird: I have none. Bowers: Okay. Corrie: Since this is a continued public hearing, is there anyone from the audience that would like to issue testimony on this? Lee: Bernell Lee, 5660 Becky Drive, Meridian. Mr. Mayor, Council members, on Page 9, I have a question just for clarification, 98, the part about 1 00 feet within a gas station, and I'm just wondering is that the boundary line or the pump itself? I know the old Ordinance said the pump itself. On Page 1 DE, regarding the fire extinguishers, I would like to have it delineated there as to dry-type or the choice of dry or wet. I know in the case of where there's electricity, water's not acceptable. However, where there is not electricity, water does a better job. On Page 11, there seems to be a contradiction here between L and No.2. If we could add an L, no fireworks shall remain unattended at any time regardless of whether the fireworks stand/tent is open for business or not unless locked or otherwise secured would take that contradiction away between those two. I would also like to thank those people responsible for doing this work with this Ordinance. A lot of work has gone into it. I think it's a great piece of work and it's going to be appreciated on my part. Thank you. Any questions? Bird: I have none. (/_u Meridian City Council Meeting.. March 211 2000 Page 18 ( Corrie: Anyone else from the audience? Lund: I'm mark Lund, I reside at 9680 Quail Lane in Bozeman, Montana. I represent R & S Marketing. On Page 11, I'd like to have the same concern with the discrepancy on storage and in Q 1 it does allow that you can - *** End of Side 1 *** -- 60 days prior to the season and it describes the storage facility as being (inaudible) fireworks stand or building. In L, by reading it, it says no fireworks may remain unattended at any time. If you kind of look at those two together, if you were storing 6 days prior to the season with those two, you wouldn't be able to leave them unattended for that time. I would like to add now that you can leave the fireworks stand if it's locked and secure. In that (inaudible) the same mode as Q2 where it says you can store them in the fireworks stand, temporary shed, trailer, truck or vehicle. That's going to leave the retailers if he's got to go away to use the phone, he can at least close his stand down while he uses the phone and come back. Gives a little latitude. As far as on Page 12, still talking about storage, the State Code allows the jurisdiction can allow storage in an inhabited building with a one-hour firewall, and I guess for the people that are doing the stands, typically they're doing one stand as a family project or a civic group trying to earn extra money and a lot of the times the people store it in their garages. I guess I would like to have that opportunity for the retailers, and I guess my suggestion would be to limit it to an inhabited building, single-family dwelling with the one-hour firewall. Those would be my two suggestions for the storage. Are there any questions that I can answer? Typically people are storing things in their garage are probably more flammable than fireworks, and in their boxed containers. It's pretty hard to set them on fire unless you actually put something ignited to them unlike if gasoline was in the garage leaking, it's quite a bit more volatile. Thank you. Corrie: Questions? Okay. Thank you. Holgreen: Good evening Mayor and City Council members. My name is Sydney Holgreen and I'm with American Promotional Events from Murray, Utah. I have one simple comment. It is on Page 4, and this is concerning the applications and the date that we can file for our permits. It's simple adjustment moving for July 4th selling season, moving that from April 1st to the 15tn and then for December moving from October 1st to October 15th. Not that big of a deal, it just gives everybody a little bit more time for filing deadlines. We don't know if that would cause problems for your city or not, but that's something that we'd like to see. Anyone with questions? Bird: I have none. / ( Meridian City Council Meeting March 21 t 2000 Page 19 ( Holgreen: Thank you very much for the changes. This is working out very well for us. Thanks a lot. Farley: Thank you, Mayor and members of the Council. My name is Jerry Farley and I'm from the state of Washington. Same as last time. I'm here on behalf of some of the fireworks companies, two of them are here tonight. I wanted to, if I might, make a few other comments about some of the provisions in the Ordinance. This is a substantially improved draft to be really honest. This is phenomenally better draft. When I say that, I mean not only I think in terms of protecting the public, but also in terms of types of regulations that it proposes to impose upon the firework retailers. There are, I think, a few additional changes that might be warranted. Some of those are I would think just housekeeping in nature. Some of them are a little bit more of policy issue. On Page 4 in the Section that is headed C, after the word January 1, I was going to suggest that two words be added. They are "provided that" simply so that it would read provided that each period requires separate application of permit. I don't think it really changes much, but I think it makes it read a little bit better. Sydney's just talked about the April 1 being changed to April 15 and October 1 being changed to October 15. It's our belief that later applications, substantially later applications; those that occur within just a few days of selling season, tend to be made by people who are not necessarily always the best representatives of the fireworks industry. So we like a selling period - an application period that is 60 days or so in advance of the selling period because that means that people tend to be fairly serious about it and they tend to be more responsible individuals. The April 1 and October 1 are a little soon because of the cycling in the fireworks business, the way in which they do their business, the 15th - granted, it's only two weeks, but it's a little bit less. It's still in excess of 60 days. We'd respectfully request those two changes on that page. Then on Page 6 in the section at the bottom where it says B, this deals with the application for a permit. It says the purpose for which the applicant is primarily existing in which it was organized, well, as you know, sometimes the applicant can actually be a person. So we thought it might be a good idea if after the word napplicant" if you put it nif other than a natural person" because, obviously, a natural person can apply for a permit and doesn't have to say why they're existing or why they were organized; in fact, to some extent, they - I suppose they may have to ask their parents about part of that. Then on Page 7, where F near the top, once again, the location of the applicant's principle and permanent meeting place or places, we thought if you could put it after the word business the words "if applicable." And then in H, if the applicant is an entity rather than a sole proprietorship or a natural person, by putting in that "or a natural person", you sort of eliminate the problem of - I don't think any of these are huge, but these are (inaudible) by the way, but it just makes it readable. Then near the bottom, the - in fact, the last sentence on the last page, it now says that no application shall be granted to an applicant. I think what it should say is no permit shall be granted to an applicant that is not qualified applicant or a legal entity or is a legal entity whose officers or directors are not qualified. Clearly, you don't want to - any person can come in and get an ( Meridian City Council Meeting> March 21, 2000 Page 20 ( application form, but that doesn't mean you're going to grant the application and give them a permit. I did want to also specifically compliment you on the insurance language. I see a lot of this language around in various states and various jurisdictions. I think that by putting in a (inaudible) based insurance, you have provided for yourselves and for all others who are going to be potentially involved in bad situation a higher quality of insurance. (inaudible) based insurance is always much better than claims made. I applaud you for that. Usually those - there are some in the fireworks industry who because they are not, shall we say, responsible operators, sometimes have a hard time getting a (inaudible) based insurance. That's another way to make sure that if they're going to be selling a product they're going to be there if there's a legitimate claim. On Page 9, I was going to make a suggestion in the B there about the middle of the page. If you were to delete the word "station" after "gasoline" and delete the two words "or installation" at the last of that, it would then say "within 1 00 feet of any gasoline or flammable liquid dispensing device." That would make it clear that the pump is where the 1 00 feet starts. The problem with the gasoline station, it could be the building, it could be the property. Clearly, where you want to make sure they're 1 00 feet away from is the dispensing device. Then in C, the last sentence, no heating device may be used in a temporary fireworks stand at an~ time. Respectfully, if you're going to have a selling season from December 26 h, it's going to be pretty darn cold in there. But, we thought it should be consistent with something, we'll get to a little bit later. If you were to put in between the words "no" and "heating" the two words "open-flamed heating device," and possibly also add another sentence at the end, "all heating devices shall meet and be used in compliance with City electrical code." That clearly would allow heating devices which do not have open flames which have a UR rating and UR instructions and no tipover and so forth, I'm thinking, say, for example, heating device in which there's water contained in the pipes and the water is heated and it radiates heat, you clearly can provide heating, but you don't have to worry about the thing catching fire because they don't get hot enough temperature. Then on Page 1 0, it's been mentioned once before about the fire extinguishers. Water fire extinguishers are better than dry-chemical for fighting fireworks-based fire - it's the fireworks that are being consumed, but if you have electricity, clearly you want a dry-chemical. So we were - I was going to suggest that I like the idea of two fire extinguishers, at least one of them have to be water and if there is electrical, then, clearly, one has to be dry chemical. That's how I think that should be written because you want to have dry chemical there for electrical, but you clearly want to have water for fireworks. With respect to F on that page, I wanted to specifically say I think this is good language, and I appreciate very much the way in which your staff, your fire department and your City Clerk and your attorney have written that. I think it provides proper supervision but it allows people to go into the stand. It suggests the right-aged people should be there. There's always going to be someone who's 21 in control, and while we know that on occasion, someone can be 45 and irresponsible, the fact is that if there's a 21-year-old person there, there's more likely to be responsible activities. On Page 11, I apologize for - that fire line up ( Meridian City Council Meeting... March 21, 2000 Page 21 (C there, no fireworks shall remain unattended at any time, at the end of that sentence I was going to suggest also that you say "unless that it is locked or otherwise secured" because the gentleman correctly pointed out that if you have fireworks in a facility, you literally could never leave that building unless you put the sprays in. So you couldn't go to the grocery store, you couldn't go to the restaurant, you couldn't go to church. I know that that's not really what you mean. You want to make sure that fireworks are properly secured. So I thought that if you put in "unless locked or otherwise secured" there, then the person can't leave an open fireworks stand; clearly can't leave a tent, but could have a security guard there. On M, at first when I read this yesterday, I was a little unclear what it meant because I wasn't sure if the approval went to the adequacy of the structure, the way in which it is, say it's a tent, the way in which the tent is put up or to the size or other features of the tent. In P, there is specific reference to tents which comply with Article 32 are the only ones that can be used for sale or storage. We absolutely believe that Article 32 makes sense because, of course, that deals with exit requirements and fire retardant materials and so forth. In fact, in P there, I was going to suggest in the lot line there where it says "safe and sane" in the re-draft, that should say "non-aerial common fireworks" because, clearly, that's one that got missed. The term "safe and sane" doesn't exist in statute and is nowhere else in the Ordinance, and I know that's what you meant was the non-aerial common fireworks. But I was going to respectfully request on M, once again, about the 750, it would be my preference, and I would requires that you say "no stand shall have a floor in excess of 750 s.f. and all tents shall comply with Article 32." The effect of that is you could have a tent that's larger than 750 s.f., but it would comply with Article 32. The reason is the smallest tent that anybody's going to use is 40 x 20, so that's 800 s.f.; it's already bigger than the 750; therefore, the way this is drafted, the Fire Department would have to approve it when what you want them to do is make sure the tent is properly installed and has the proper exits and so forth. I would like, respectfully, to suggest 750 s.f. per stand but tents comply with Article 32. I know that Mr. Lund talked to you very briefly about the one-hour firewall option on Page 12. That is found in the State Statute. It usually says one-hour firewall and a three- quarter-hour door, and we would respectfully suggest that option be included as well as I'm sure Councilman Anderson and others know, one-hour means that the fire's going to burn for an hour before it can get through, and that probably means that somebody's going to be able to get out. I know there are a lot of concern about fireworks being in a room in a home or in a garage that's attached, and I know that's why it's not specifically mentioned in here, but if it is in fact a one-hour firewall, that, we believe, should be adequate. But we would want to make sure that one-hour is in fact a legitimate one-hour and that in fact they've not done anything to aggravate the wall to destroy the true one-hour rating. Then, once again, on that section at the top of Page 12, I was a little unclear about what this means if I may read the phrase, "which is detached from an inhabited building and contains no open flames including heating and lighting sources." I had the impression first that you clearly don't want somebody having a fire in the middle of the room, but what I thought that it would probably would (C - '- ( Meridian City Council Meeting -- March 21 J 2000 Page 22 mean would be no open-flame heating or lighting sources, and I was going to suggest that you delete the "s" from flames, the comma, and the word "including" and leave the word "and" after "heating" and put in the word "or" and then it would read "building and contains no open-flamed heating or lighting sources." I think that is probably what you want it to say, and that's what we would like it to say. I have two other - three others, really fast, and I apologize. On the bottom of Page 12 there, where the sentence starts "each permittee shall be required to retain at the licensed premises while said premises are open or at" I thought you should put in the word "a" - "at a location where they can be readily available to the Fire Department or Police Department, and then I was going to suggest putting in the phrase "during the selling period allowed by the permit" and then continue on "and at principle place of business - " (inaudible) that way the selling period, they could be on the selling premises or the place where they're readily available and then for a year after that they would still be available as well at the principle place of business. Otherwise, without that phrase "during the selling period allowed," it's unclear whether there is just a year or more and this one makes sure that when they sell on through July 5th, those records have to be available at one or two places and for a year after that. Quickly, on the top of Page 13, the last sentence up there says that "conviction, violation of the aforesaid Idaho State Fireworks Act or any of the provisions of this chapter by the permittee or by any of its agents, employees or officers shall constitute to the cause in and of itself to deny any subsequent application or permit." The way I read that, if I were the permittee and someone who was my employee or my agent violated a provision of the Idaho State Fireworks Act or this Ordinance, and I didn't know about it, I would never be allowed to apply for a fireworks permit again even if I did know about it and probably would have stopped them from violating if I had known so. I thought it might be a good idea to at least include after the word uofficers," "with the knowledge of the permittee" so that way they would have the constructive knowledge and in a certain sense, they could have stopped it if they wanted to and chose not to, then they should really be denied a permit because they have violated the statute and the code and an earlier provisions you have, at this Ordinance, you have a language that says they can apply for a license if they've been convicted of a felony, ever, or in the last ten years a violation of this Ordinance for fire, fraud, or fireworks. So I think - I confess I'm not an attorney, but it seems to me that without some kind of knowledge of the permittee, there might even be a question of whether or not it could stand a court test. I could be wrong, but it just seems to me that it's more fair this way, with my suggestion. Then finally one last comment as if I haven't taken more of your time than I probably deserve, the date of effect, the way this is drafted now, we don't know exactly when you intend to finally enact it, perhaps tonight. I don't know that your specific Ordinance requirements for publication and so forth, but this could, in effect, give force before the selling season this year, before the 4th of July, and I don't think you intended that, and we respectfully ask that you have an effective date after at least July 12th or so so that you've gone through the selling season, you've cleaned up your site and you're thinking prospectively for the selling season in December. So we were (___U, Meridian City Council Meeting . March 21, 2000 Page 23 (' . going to say this Ordinance shall take effect on August 1st, 2000, or something like that so that you don't have any confusion. You might actually enact an Ordinance, if you did this without that kind of a situation, you might actually enact a provision in the Ordinance that no one can comply with because the date might have passed by which they would have had to do something. I want you to know how much I appreciate the work that you've done, and I really - your staff has done on this Ordinance. I've been very impressed with the openness and the willingness to talk and to be helpful and to in fact be cooperative, but at the same time protecting the public's heath and safety. Have to be honest. There are places I have been where there is not that willingness to be cooperative. So it's nice to have it happen a few times. I want to make sure that even though I've made some suggestions for some substantive changes, this is one of the best days I've seen for a long time and I want to thank you very much. I'd be happy to answer questions or just sit down. Corrie: Council? Anyone else? Okay. Any questions, answer any questions (inaudible) come up on some of this? Bowers: Mayor Corrie, City Council members, talking about fire extinguishers, years ago that's all we had was water fire extinguishers in the booths, and the last few years, most booths and tents have power in them now, so I kind of think that's where the power fire extinguishers come in is because every booth and tent has power in them, electricity. Probably just not to get confused between the fire extinguishers, but we do realize that the water fire extinguishers work much better with the fireworks. The dates, I don't have a problem changing there. On the - some of the verbiage in here, that will be up to our attorney to go through some of that very good changes there. We'll get the safe and sane, that one sentence, we'll get that out of there. The pumps or property line, we will check on that. In the past, we've just went through the flammable liquid dispensers so we'll go through that and check for that. Heating devices, don't have a problem with that. On Page 11, Land 2, are the ones that we've been discussing. Bill and I have discussed this quite often of how we could decipher between the two. Bill was comfortable with it to go with it just to bring it in front of the Council to see the changes that we would need to put on it, we don't have a problem with putting the locked or secured in it. The one-hour firewall in homes, we don't have any authority in the homes. The Fire Department doesn't have any authority in the Meridian homes. That's kind of why we try to stay away from that part of it. We realize there are storage in homes. We realize that there are one-hour firewalls out there in garages that are real nice, and one-hour firewalls that are not complete. So that's one thing we'll have to look at there. I believe the rest of this, the word change that Bill Nichols would have to go through and see if it goes through Council okay. The City Council have any questions of the Fire Department? Bird: Kenny, on Page gO, your 30-inches wide is not going - it needs to be at least 32 to meet ADA and any building that you have open like that you're going (r,u Meridian City Council Meeting' '. March 21, 2000 Page 24 (~c+ '. to have to have some kind of ADA. That needs to be changed to 32 inches wide instead of 3D-inch wide doors. Bowers: Okay. We'll check into that. The State's probably got the same thing, probably. It needs to be changed, then. Thank you, Councilman Bird. Any other questions or comments? I'm really pleased that the people, the vendors and everybody's been able to come in and give their support and the changes to you guys. Appreciate you guys taking the time. Corrie: Any further comments from Council? Questions? Okay. Pretty well satisfied with it, I'll entertain a motion to close the public hearing. Anderson: Mr. Mayor, I would make a motion that we close the public hearing. McCandless: Second. Corrie: Motion's made to close the public hearing. Any further discussion? Bird: I have none. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion? Anderson: Mr. Mayor. We've heard a lot of new testimony tonight. Some good ideas, some possible changes. I guess at this point to give Kenny a little direction, I would say that he was making notes and writing some of those, and if he wasn't, I've got some of them written down here for him, but maybe suggest that our Fire Department take this input and decide which of those thoughts that they may want to incorporate into the Ordinance and maybe bring a copy of this Ordinance back to us before our Strategic Planning Meeting that we could observe it again, and I would like to take some action on this within the next Council meeting or two. Again, I think some of these ideas have merit and would be good, but let the Fire Department decide which ones they want to incorporate into them. Corrie: Council, agree? Bird: I echo the same thoughts. Nichols: Mr. Mayor, Council members, if we could have some direction from the Council as to when this Ordinance would be effective, do you want it before this coming fireworks season or after? ( \. Meridian City Council Meeting' March 21 , 2000 Page 25 Anderson: I think I'd like to have a recommendation from the Fire Department, but I kind of envisioned it that it would be in effect before this, myself. I don't know what Kenny's line of thinking was. Berg: If I may, thank you, Mr. Mayor, members of the Council, the application deadline right now is April 1 st. For any action by the Council would be after that. Requirements of the applicant to submit the application may be different than what's required right now by Ordinance of which you approve. It might be a battle to have them re-submit more information after they submit their application, according to our Ordinance. Nichols: Mr. Mayor, members of the Council, there is an existing permit process now or not? Corrie: There is. Nichols: So with the existing permit process, if they had a permit application in place before the permit application process is changed, that application would have to be approved or denied based upon the existing standards at the time the application was made, not necessarily - you can also include in the Ordinance a provision that the application portion of it doesn't become effective until a date certain, but I think you want to - that's my question: if you want the issues with regard to the stands and the tents and the classification of the fireworks and insurance requirements in place before the fireworks season, then we need to know that so we can put it together for you and the vendors need to know that. We can adapt the application process for this particular year or defer one part of it until after July. Anderson: Mr. Mayor, I guess I'd defer that question to Kenny. Do you want to go before the season or after? Bowers: If we changed the - Mayor Corrie, City Council, if we changed the dates to the 15th, possibly that might get us under the gun. Corrie: Would that be enough, though, Bill? Nichols: Mr. Mayor, members of the Council, I'm not sure that'd be enough time for this year, but we could certainly defer the application part of this or extend it to a later date for this first year if that was the Council's choice. We could say May 1 st because actually, if you want a aD-day window, May 1 st is more than 60 days before the 4th of July, and then thereafter it would be April 15 or whatever date you set. Maybe you want it to be May 1st - whatever you choose. But, again, Mr. Berg is the one that has the burden of getting these things on the agenda and getting them published and noticed. We do have, unless there's an emergency provision in the Ordinance, it would be effective 30 days after passage. ( Meridian City Council Meeting . March 2112000 Page 26 (~.-.. Anderson: I guess my direction would be to push forward with it. Try to get it in place this year. Bird: It'd be mine, too. Corrie: I've got two (inaudible). How about you two? All right. Then let's have the attorney - Kenny, you'll have that ready for us on the 28th of this month? All right. Any further - we need a - Bird: We're going to have a special meeting which I understand we are, but are we going to have a publicized meeting we can enact on it. Corrie: Yau can act on it the 28th. Nichols: Mr. Mayor, members of the Council, I think there may be some posting requirements and so forth for an Ordinance that we couldn't actually, the Council could not actually vote on a proposed Ordinance, but I think as I understand the Council, they want to have the proposed Ordinance with revisions as recommended by Chief Bowers in front of them no later than next Tuesday, so that it is ready to go. Corrie: Okay. Very good. Okay. Kenny, you've got the marching orders here on that one. Berg: Mr. Mayor, members of the Council, I don't think the people that testified tonight have any problem with complying with your proposed Ordinance unless there's something that's way out of line that you approve. I don't see any of them having any problem with that. It's just a matter of what the law says what we can and can't do according to what Mr. Nichols said. They will probably comply because it's a safety issue and they want what's best for the people that purchase it as well as the ones that are selling it and supplying. deWeerd: Mr. Mayor. Mr. Clerk, when would be the date that with your posting requirements that we can revisit this? Berg: Mayor, members of the Council, Council member deWeerd, posting, I think, is just for the regular agenda. We can put it on the regular City Council agenda on the 4th as long as I have what is going to be voted on when we do the agendas so it's available to the public. Then after that as far as getting it in the paper, we could have that possibly arranged for that Friday in the Statesman for a published Ordinance. We're talking about 30 days in effect as Mr. Nichols said, so that first week of April, we'd have it was approved. I don't think I have to do any special postings as long as it's had a regular meeting other than having the documents that you want to approve available to the public. ( \, Meridian City Council Meeting .. March 21 f 2000 Page 27 ( deWeerd: Okay. Mr. Mayor, may I make a motion that we continue the public hearing on the amendment of - that we have this on our Consent Agenda for the amendment of the fireworks Ordinance and adoption of new fees on April 4th? Okay. Then on the regular agenda. Corrie: Regular agenda for April the 4th? Okay. I have a motion to have it put on the regular agenda for April 4th. Bird: Second. Corrie: Motion is made and seconded. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 10. Continued Public Hearing: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and east of Victory: Item 10a. (Item C.) Continued from March 7, 2000: Findings of Fact and Conclusions of Law AZ 99-021 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: Corrie: Item 1 0 is the continued public hearing on request for preliminary plat for 45 building lots on 8.25 acres, proposed Woodhaven Subdivision by Dan Wood, and also the Consent Agenda Item No. C is also to be on this agenda. This is the Findings of Facts and Conclusions of Law that's a request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood. Okay. At this time - Bird: Mr. Mayor, can we take a little break? I move that we have a little recess. Corrie: Okay. We've got a motion to recess for 10 minutes. Anderson: Second. Corrie: Motion made and seconded for a 10-minute recess. We'll be back at 20 minutes to 1 0:00. All those in favor of the motion say aye. Corrie: Item 1 0 is the continued public hearing, request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood, west of Eagle Road between Overland and East Victory. We've also moved that Item C. which is the Findings of Facts and Conclusions of Law on the annexation ('. ... Meridian City Council Meeting March 21, 2000 Page 28 ( and zoning at the request of Council. They wanted to see what the preliminary plat was and then we'll enter the public hearing on that one, and then we'll take the Findings of Facts and Conclusions of Law and the annexation first and then the request for preliminary plat. At this time I will re-open the public hearing as to be continued, and staff comments first. Siddoway: Mayor, City Council, I will direct my comments to both the annexation and zoning and the preliminary plat issues together at once. The hatched area on the screen just to get you going, this is near the intersection of Eagle and Victory. Hatched area is the area for the proposed Woodhaven Subdivision. To the north of it you have Thousand Springs Village and wraps around it to the west as well. On the south side you've got large one to one and-a-half acre parcels that are currently in the county. The area is mixed/planned residential in the Camp Plan, previously City Council recommended for zoning of this area, the applicant has requested reconsideration for the R-8 zone that he had requested. This is a view of the site from the berm at Thousand Springs Village along Eagle Road. The site is this area in here. Now standing in the site looking north to Thousand Springs Village, the fanceline there. If you look east there is a large grove of Idaho Locust Trees, the last remaining stems of Locust Grove was probably named for, although, it's on Eagle Road instead of Locust Grove Road. Looking south you see the residential parcels that are in the county currently zoned R- T and just shifting over a little bit to the right, that's a continuation of the same shot looking at the south property line looking southwest. Looking directly west you see the extension of the Thousand Springs Village Subdivision that is behind that fence there. This is the new revised preliminary plat that is being proposed tonight. They have removed the duplex lot in this corner. The average overall lot size for all 29 single-family homes is 7900 s.f. which is over the minimum 6500 s.f. that is allowed with an R-8 zoning. Along the southerly boundary, the average for those eight lots is over 9000 s.f. which exceeds the required minimum for an R-4 zoning. They did change the McDonald Lateral in this location to a common area. They point out in the memo which I believe you have in your packets that if you are able to extend the lot lines that they are currently showing to include that buffer, those lots would be over 10,400 s.t.. This is a comparison of their original plat on the bottom showing the number of lots that they had originally proposed as part of their planned development, and the current proposal is above it. Scales are the same and that is all I have for my presentation. Corrie: This is a continued public hearing; I'll invite Mr. Wood or his representatives or anybody in that development. Wood: My name is Dan Wood. Mayor, members ot the Council, I've got an aerial photo that I'd like to pass along (inaudible - walked away from microphone) property wasn't there, so there's a little red square there. It kind of shows where his house is approximately at. That's kind of a - wanted to point (~_.. Meridian City Council Meeting~' March 21, 2000 Page 29 ( that out to kind of give you the reference. There's a map next to that that also shows the lot dimension so you can kind of get a closer feel for how deep some of those lots are. Also what I've got here are some pictures - they're blown up a little bit better than the ones that are (inaudible). Just to kind of give you an idea of what it looks like from my property looking back towards my neighbors to the south. It shows them quite a bit of their landscaping. Mature - Mr. Young's property there which is the furthest to the east - excuse me, to the west. Planning to put a few large trees some years ago, so he's got quite a buffer right there. He abuts me about 70 feet, as you can see with the proposed plat before you, and I've only got one lot that abuts him right now, and that particular lot is real close to 1 0,000 s.f. right now without including the 15-foot buffer that is where the McDonald Lateral is at which I do plan on tiling that ditch. I also plan on putting up a six-foot high wood fence along the ditch road so that hopefully there will be more of a buffer between this also. I've tried to - originally I proposed 45 lots trying to comply with the mixed residential plan in the Camp Plan, I met with staff, we went over it, their interpretation was that something different than potentially this R-4 that's been approved pretty much throughout most of all Meridian. So I met with them to different uses, so what I tried to do is come up with the original plat. He didn't like that one. So I attempted to change it and went with the straight R-4 or R-8 zone. Since then I've also turned around and taken out the duplex lot which then has increased my lot size closer to the 8000 s.f. that's required almost to the R-4. In the last meeting, Councilman Anderson said too bad we couldn't have larger lots to the south and maybe the smaller lots to the north. Well, that's what I did. I just turned around and beefed up the lots that are to my south that abut my neighbors and then the smaller lots are more toward the center and more toward my entrance. The way it works out right now, I think I've got over 60 - well, I can't remember for sure on that. On most of my larger lots are all abutting either my neighbors to the south or on my west side of my plat. One of the other concerns I guess Mr. Young has brought up is that he'd like to see me be required only to allow single-levels to the south with that in this case, the neighbors to the south of me are all anyway from 8 to 1 0 feet higher in elevation than what my proposed Woodhaven shows. You can look at the pictures I've got in there. The ditch is about three feet higher than the ground, and then those properties set up even higher than that. So I can't see any reason why I would have to turn around and be restricted to just single-levels because I feel that we're not going to block them anyway. They're already up higher than I am. I don't see any need to do that, so if the Council feels the same way, the other thing is Mr. Young had also asked that I might turn around and continue - *** End of Side 2 *** particular kind. I feel that if he wants to share in the cost of it, then that's fine. I'd be more than happy to put the wooden one up and meet my obligation to the City. The other thing, I guess, with my neighbors is you can see from the aerial photo, like in Mr. Young's case, his lot's like 350 feet deep. The aerial photo (~- Meridian City Council Meeting .. March 211 2000 Page 30 ( shows his house is about in the center of that 350-foot lot. Which means that it ends up that he's got over 150 feet from the back of his house over to his very north boundary on top of that, I've got 15 foot for the ditch rider road or the ditch easement, and then on top of that the minimum setback for the house would be 15, so you're going to have over 200 feet difference between him and myself. It sure seems like more than enough adequate for a buffer between the two of us. I guess at that point - any questions? Bird: I have none. deWeerd: Mr. Mayor, I just have one. I know the residents have expressed some concern about access to the irrigation. Have you resolved that with them? Wood: I turned around and talked with Boise Project Board. They are right now part of the district is already covered up. The portion behind Mr. Young to the west of him. They've worked out - I just can't speak for them, but they're going to work out some kind of a ditch or another pipe parallel with the ditch that's - the pipe that's already there. What they've asked me is when the time came could we work together to put another continuation of that pipe along the side of the pipe that I'm going to put in so that they could get water. The way the things are going this year, this project won't be on until fall, so it won't disrupt their water now, but when the time does come, the irrigation company does have plans for some kind of a take-out box or something like that so they will still be able to get water out of the ditch. deWeerd: Okay. This dust abatement was also an issue raised during construction? Wood: Excuse me? deWeerd: Dust abatement during construction? Wood: Usually if - I'll do everything in my power to keep it down. deWeerd: They'll have a number they can call? Wood: That's fine. You bet. I think they already know it. Corrie: All right. Thank you. Anyone else like to issue testimony? Young: My name is Rex Young, I live at 2950 E. Victory Road in Meridian. I'm not sure exactly what we're talking about here tonight because last Council meeting, actually, the Council meeting before, the zoning was approved at R-4, yet, we've got a plat plan that's R-8. We've got the one item from the Consent Agenda that's pushed back, what is it? I can't come up with the term. The conclusions of law and so forth, but that's pushed back and so I don't know really ( Meridian City Council Meeting March 21, 2000 Page 31 ( - I guess I'll just start from the first and go through it the way I see it, and, hopefully, I'll cover everything that needs to be covered. This is the fifth public hearing that I've attended concerning Woodhaven. Three of them have been with Planning and Zoning and now this is the second with the City Council. Before the first public hearing with Planning and Zoning, the neighbors got together at Mr. Marquart's house to discuss our concerns with the project. At that meeting, Mr. Wood was invited to attend and we explained to him our concerns. He was not willing to make any concessions at all at that particular time. We've gone through a couple of hearings and then after the last City Council hearing. I approached him out on the steps in Mr. Marquart's presence and asked him a couple of questions about the fence and his reply then was I'm not willing to make any concessions now. As I take a look at the guide that you folks put out, I see the words compromise and this sort of thing, and I don't really know where this enters in. As far as the plat is concerned, this plat here was developed for R-8. Most ot the lot sizes are not sufficient to meet the R-4 which is what was approved by the City Council on the 15th of February. The home sizes do not meet the minimum requirements in that you've got two homes under 1,100 s.f., three homes under 1,200 s.f., seven homes under 1,300 s.t., and you've got 17 homes that are over 1 ,300 s.f. but it doesn't say how much they're over, and it's my understanding that in an R-4 zone that you have home sizes that must be at least 1 ,400 s.f. This plat plan does not provide for transitional lots; policy 6.8U of the Meridian Comprehensive Plan reads new urban-density subdivisions which abut or are proximal to the existing rural-residential land use shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between urban-level densities and rural-residential densities. The lots to the south are all rural-residential lots. When I bought mine 30 years ago, it was a rural-residential lot. Conversely, to what staff said, those lots to the south range in size according to what they said, from 1 to 1-1/2 acres lots. The majority of the lots, or at least half of them are two-acre lots. Those lots range in size from 87,120 s.f. down to 43,600 s.f. Now when you look to the west, that area that was taken in by Thousand Springs Village, they provided transitional lots. Their smallest transitional lot was 12,500 s.f. This is what we're asking for is transitional lots at least equal to the smallest lot provided by them. We don't think that's unreasonable at all. Now, some people might suggest that transitional lots aren't appropriate here. But according to people that offered the Meridian Comprehensive Plan. The fencing along McDonald Lateral; I really don't have a problem with steel posts going in. I don't have a problem with that at all. We've got a six-foot high solid wooden fence, I would like it to be the same as which covers half the back of my property, but I can live with steel posts. But there's another thing that we have asked for in the area of fencing. We have asked that the fence line be built up as necessary so that you've got a level fence line that's at the same height as the roadway parallels McDonald Lateral. Now, I really don't think that it would have to be any build-up to speak of, maybe just in a place or two, but I think that is a perfectly legitimate and logical request. Mr. Wood had some things to say about two-level houses. We would like to see all the houses along the back side of our property, the southern portion of his, we'd (: \,. Meridian City Council Meeting March 21, 2000 Page 32 ( like to see them single-story houses. Now, when I take a drive over into the subdivision, there's some homes there that have kind of a second story that's a loft above the garage that has a roofline which is really no higher than a single- level home, and I don't have a problem with that. But when I see those homes that it looks like there's more floor space on the top level than there is on the bottom level, then that to me is objectionable. We would respectfully request that those homes along there be restricted to single-level lots. As far as burning and raising livestock, we'd want to make sure that our ability to burn with appropriate permits and to raise livestock is preserved. Mrs. deWeerd indicated or asked the question concerning construction control, and I appreciate that very much. During the construction of Thousand Springs Village, there was a significant dust problem, and we would hope that during the construction of this subdivision that necessary watering could be done of any areas where the earth is disturbed whether that be roadways or fields or whatever to abate that dust. Also, there's been significant problems for us homeowners along there with the construction going as late as 1 0, 11 o'clock at night with the machine noise and the beepers and that sort of thing, and we think that needs to be controlled. As far as the piping of McDonald Lateral, the thing that we're asking for there is that we don't want to be, if you will, fenced off water when McDonald Lateral is buried. We would ask that Mr. Wood work with the Boise Project Board of Controls so that those systems could be put in, if you will, simultaneously. Now, essentially what is supposed to happen, and there should be construction start tomorrow to take care of that area to the west, but essentially, I think that when he buried McDonald Lateral, it will be in a pipe that's about five feet deep, and when Boise Project puts their line for us homeowners at - supposed to be about a three-foot line with T's coming off and pumping station. If I understand it right, when Woodhaven is developed, there will be just another line from the central box that will run to the east which will take care of that requirement. So if he'll work with the Boise Project on that, we will be very happy. The property line. The property line always kind of ran the center line of the ditch. With the ditch being gone, we don't have a property line anymore. My property runs through the property line. And the legal description provides meets and bounds. Once that McDonald Lateral is piped, we'd like to see a survey in there so that - and stakings so that we know exactly where the property line is and you can then go out there and tell where the city limits of Meridian falls too. I think this is something we need. It's something that we neglected when they put in Thousand Springs Village. We don't know exactly where the line is. Now, I've got a brief summary here of our concerns that I'm going to give you. I've got one other subject that I want to talk to you about very briefly, and also I think I neglected at the beginning of this, that my comments pertain to the other property owners to the south unless they make specific comments to the contrary for their particular property, but as far as what I've talked about so far, does anyone have any question~ of me? Corrie: Any questions of Council? Okay. (/~u_ Meridian City Council Meeting March 21 J 2000 Page 33 ( Young: Okay. The other thing that I'd like to talk about, but I don't know if it's appropriate, but I'm going to go forward anyway. Getting ready for the last City Council meeting, I went in and went through the file and saw in there a letter from Mr. Wood requesting that the decision of 15 February where the property was zoned as R-4 be reconsidered. I went home and I prepared a letter dated the 2nd of March and hand-delivered that early morning on the 2nd of March voicing my o~ection to that. I went in a few days later and I noted a letter in there dated the 3r of March from White, Peterson, Pruss, Morrow & Gigray signed by Mr. William F. Nichols that states: The Meridian City Code does not specifically allow for reconsideration of Council's decision. Now, then he launches into a dissertation in my vernacular, no offense, but ot how to circumvent the lack of authority in the City Code so that you could reconsider the decision, and he sites his concern there as being concerned with due process. Mr. Mayor and members of the Council, I submit to you that we had due process. I submit that the Mayor opened the public meeting; that the Planning staff provided information and answered questions; the applicant, Mr. Wood, and I or his representative had an opportunity to present, which they did; public testimony was taken, and I talked about the plat and I gave each of you a copy of that plat and the surrounding area. That copy of the plat that I gave you was the latest that I had and the square footages were exactly the same on all lots except those along McDonald Lateral. Those were changed slightly based on the right-at-way or easement to the north being changed from 21 feet down to 15 feet. That enlarged those lots just a little bit. I gave you the best I had and the most accurate information that I had. The applicant was given opportunity for rebuttal and summarization; he had ample opportunity to talk about the plat, make a recommendation or delay or table, but he chose not to; the public hearing was closed and the Council voted. When you voted, I submit that you had the facts. Due process was provided. I urge you to stand by your decision of the 15th because due process was provided. Now, if we don't do that, then I guess I need to find out how I can ask for reconsideration of every decision that I've applied for. With that, I've said it all. If there are any questions of me, I'd be glad to answer them, and if not, why, I'll sit down. Corrie: Questions from Council? Bird: I have none. Corrie: Okay. Thank you. Marquart: Dave Marquart, 31 00 East Victory. Contrary to what Rex had said just a moment ago, I have an R-1 lot in there. One of the few. Just for clarification. My concern is, tonight, the same that Mr. Young had, and that is are we looking at an R-8 or an R-4? I thought when we were last together on the 15th of February that the Council had decided on an R-4, so my presentation is addressed to that point knowing nothing of what was going to happen perhaps this evening. Steve, is it possible that I might have the shot that you had that l.r~'" ..~- -. ,. Meridian City Council Meeting .... March 21,2000 Page 34 ( looked to the west? The picture? That one, yes. This is in the center of the lot that we're speaking of, and this is the fence that separates Thousand Springs Village from the piece that we're speaking of. Directly across that fence, the six- foot wooden fence which has wooden posts, and I would agree with Dan or Mr. Wood that the steel posts would post - (inaudible) but those lots over there right across there are a minimum of 12,500 s.f. That was determined in a compromise position with Becky and the developer of that particular lot prior to coming to Planning and Zoning and to this area. It came to you and it just went right by. All we're looking for is the same consideration. We're looking for the quality there with what's just directly across that fence. Our property, as you've seen, is just directly to the south of that fence, just to our left there. So the wooden fence, steel posts, no particular problem. I would like to address something that Mr. Wood said just a moment ago, and that was concerning the single-level homes. He would like to have that taken out. I don't know whether or not you've received the letter that he sent to the Mayor, and I have it here, on March 1 st, but his last paragraph on the first page about half-way down, he said if the Council so desires, I would agree to all single-family homes. So he states in that letter that he would support single-family homes, and it appears that he's changing his mind now. · deWeerd: Those are single-family. That has nothing to do with the single-level. Marquart: What did I say? I beg your pardon, excuse me. Thank you. I'd like to address then - thank you for your clarification. I'd like to address the R-4 issue, and that is what I've come here for and I've practiced my notes this morning or early evening. The standard in R-4 is BO-foot frontage and minimum lot sizes of 8,000 s.f and minimum size homes of 1 ,400 s.f. As you can see on the plat, in fact that's the one that's up there right now, the standard's only a few meeting that minimum standard for an R-4. You can see from this and from the earlier shots that it even said R-8 on the plat. I would urge the City Council to comply with what they had said before on the 15th and that is an R-4 subdivision and that you direct the applicant to address that issue with minimum lot sizes for R-4 and to comply with the Comprehensive Plan for transitional lots. I realize that we do have some distance from the center of the canal to our properties, our homes, but your Comprehensive Plan doesn't address that. Your Comprehensive Plan addressed transitional lots, not distances. I would urge that you use your Comprehensive Plan to address the transitional lots. The third item I would encourage and if I may point to this plan again, this is the fence that we were speaking of earlier. Apparently your staff member was standing in this area taking a picture to the west. These lot sizes over here are the ones that are currently now a minimum of twelve-five, and for equality, I think we would like to see similar addresses in this area here. Thank you very much for your time this evening I Allen: Jim Allen, 3040 East Victory. I'm the one down there that says Allen. I do have two acres. I do have livestock. Idaho is a right-te-farm state. I would like f~~ .. \.. Meridian City Council Meetingu. March 21 t 2000 Page 35 ( that included in your notes so that's included on the plat. I agree with Mr. Young and Dave that this is not really what it's showing to be. The best I can get out of it is an R-5. I don't know what an R-5 is, but when we're counting the lots, it doesn't come up R-4. Thank you. Corrie: Anyone else like to issue testimony? Allen: Thank you for your time. This is Mary Allen, 3040 East Victory Road. I appreciate the efforts that have been made, but it's confusing when a decision's been made and then I think it opens the door to questioning a re-decision. I'm concerned for my other neighbors that are not here to represent themselves that are buying lots in the R-4s around the Thousand Springs in good faith that their areas will be respected as well. So I'd ask for your consideration there. Thank you. Corrie: Anyone else? Okay. Get the (inaudible) Steve or Dan? Bradberry: Thank you, Mr. Mayor. ('II try to be brief. There were a few things that I thought - Oh, I'm sorry. I didn't introduce myself; it's been a while since I've been here and I've forgotten how to act. Steve Bradberry, office address is 225 North 9th in Boise. I represent the applicant, Mr. Wood. I think there are really three points that I want to try to make tonight for you, and largely, it's in response to the testimony that was given tonight and I guess on previous occasions. First of all, with respect to this notion of the reconsideration and whether or not a Council ought to or ought not to reconsider previous decisions. I guess I want to back everybody up just a little bit and remind the Council and those who were testifying tonight that - and I wasn't at the hearing when the annexation and zoning took place as you know. I did read the minutes of the meeting and, of course, had some conversations with those who were here. It was very clear to me that the Council was, or some members of the Council were somewhat concerned about the fact that the preliminary plat was not officially before the Council that night. There was a fair amount of discussion about whether or not the Council ought to act or ought not act and how they ought to act on the annexation and zoning when the preliminary plat is not there. It caused, I think, some confusion, and some legitimate consternation on the part of all parties. So as a consequence, the Council went forward and at least made what I would think and could only characterize as a preliminary decision about the annexation and the rezone knowing that the plat was coming. Of course, now the plat's here and everybody's had an opportunity to have officially before it all the information that they need. I also think that it's important to point out that no final decision on the annexation and rezone has been made. If it had been, there wouldn't be an item on your agenda tonight for Findings of Fact and Conclusions of Law and an Order on that annexation; in other words, the actions that you all took here a few weeks ago was to direct the Findings of Facts and Conclusions of Law be prepared and be brought back to this Council for consideration for the adoption. So the Council could choose to adopt or not (~_u. \. Meridian City Council Meeting '-u March 21, 2000 Page 36 ( adopt those Findings and Conclusions. Council could choose to amend those Findings and Conclusions and now that you've had an opportunity to see the plat and make decisions based upon that plat, I think you should avail yourself of the opportunity to make that decision and make modifications if you choose. That is all that Mr. Wood is asking you to do is now that you have all of the information, if you choose to take some action different on the annexation and rezone, you take advantage of that opportunity tonight when you have the Findings and the Conclusions in front of you. In addition, there's nothing unusual about City Council taking another look at something that maybe deserves a second look. I don't know of a single jurisdiction that doesn't do it. As a matter of fact, in my estimation, it's not a good idea to force yourselves into a position where you won't because everybody makes mistakes, everybody has second thoughts. I'm not suggesting that you people made a mistake, but just that we all do that, and it makes sense to give yourself an opportunity to look at something again and try to come to a decision that makes sense based upon all the information. I rambled on longer than I intended to on that topic. Okay Sorry. Now, the notion of what does the Comprehensive Plan allow or require, what is it that's supposed to be happening on this piece of property and does this project comply with what the Comprehensive Plan requires? Well, I'll tell you, this time and not that they do it a lot, but this time, staff got it exactly right, and I think all you have to do is look at Page 2 of your December 6, 1999, staff report which was delivered to the Mayor, Council, and the Planning and Zoning Commission and look at Paragraph 2, Page 2, and I'm going to read it because I think it's a really good paragraph. Did a great job. It says: staff agrees with proposed R-8 zone while the Comprehensive Plan does not define the mixed residential land use designation, this parcel falls within on the general land use map. Staff believes that it must be differentiated from the single-family residential designation. To date, the single- family residential designation has usually resulted in parcels being annexed with an R-4 zone. Staff interprets the mixed/residential designation (inaudible) zoning other than straight R-4 and that the uses of land within the mixed residential area should strive to meet a broader housing residential market need than can be met under the single-family residential designation; in other words, let's do something different in these areas. That's what the Comprehensive Plan suggests. Let's do that. It goes on to say annexing the subject parcel with the requested R-8 zone also conforms with other Comprehensive Plan policies and it refers to either the housing policies and call for a wide variety of housing types and housing for all income groups. I think the staff got it exactly right. One of the other things that we all tend to forget is that although Comprehensive Plans are just that, they're plans, we call policies, they are something more than just a piece of paper that you go through and adopt and spend months and months and months and hours upon hours to adopt and then just throw them away and not worry about them. The Comprehensive Plan, at least theoretically, is the will of the people. It goes to the process and the policy statements are made. In this case, the policy statement was that this property should be mixed residential, something different than straight single-family residential, and that's what Mr. Wood is proposing, and, in fact, that is what Mr. Wood was relying upon when he acquired the ( P-u_ Meridian City Council Meeting- March 211 2000 Page 37 ( property. There was an article in the Statesman last Friday the 17th about your new proposed Comprehensive Plan, and I thought it was interesting because there was a paragraph in it toward the end and I'll read that because I think it helps to - it says, suggestions from other groups included a change in zoning Ordinances that allow a diversity of residential development instead of the typical four homes per acre, the residents said they would like to see mixed density properties. It sounds like the residents, at least those that are in the process so far seem to think that this notion of mixed residential uses is a good idea; in other words, it's a great policy. I suggest to you that you already have that policy. The problem is not the lack of the policy. The problem seems to be the lack of the, maybe the reluctance to put that policy into practice. Now you've got an opportunity to put the policy into practice, the policy that you adopted long ago, and apparently some people think ought to be adopted again. By the way, there's another part of the staff report, a later revision of the staff report that I think is really good, too. It's in the staff report that is dated December 29 which is revision to the December 6th staff report, and it's about half-way through on the first page. It says - what I want to talk about and talk to you all about is the compatibility issue, this notion that large lots and smaller lots are somehow inherently incompatible. Maybe you've heard me talk about this before, but 1'1) say it one more time. It's the same thing. It's residential housing. It's not inherently incompatible to have a big lot next to a small lot that are both used for the same purpose. People live in them. That's basically what they're all about. Staff seems to think - I must have gotten through to staff at some point in time because they write in terms of compatibility, staff does not consider a single- family residential Subdivision adjacent to single-family uses to be incompatible uses. While it's a valid argument and a Comprehensive Plan policy that a transition of lot sizes is appropriate, these are not incompatible or even unharmonious uses. Additionally, low comparisons, that is Ada County Assessor's Office and national studies, Urban Land Institute, show no evidence of property values of large residential lots decline when high-quality, smaller lots are constructed adjacent to the large lot boundaries. Reading right out of the December 29th staff report. I think staff got it right again. I think that's exactly the case. In this case, Mr. Wood is, in fact, proposing transitional lot sizes in his most recent plat. We're talking on average a little over 10,000 s.f. in all of those lots. That's pretty good for an R-8 zone. As a matter of fact it's real good for an R-8 zone. Okay. Lastly, this notion of single-family homes, I'm doing the same thing, single-level homes. I've heard the Council take the position in the past that they would impose that sort of requirement. I've always thought it was inappropriate then and I think it's inappropriate now. I've reviewed the Ordinance again, recently, even as recently as today looking for some support in the Ordinance, in your zoning Ordinance that suggests the Council has given itself the authority to regulate whether homes should be single-level or multiple-level. I don't find it. It seems to me that in order for the Council to impose such a requirement, they need to first adopt some standards that set forth that requirement. The reasons that standards must be adopted before the condition is imposed is so that people out there in the world will know what the rules are (~'-' Meridian City Council Meeting March 21,2000 Page 38 c before they show up here. That's why we have the requirement that standards be adopted; otherwise, the Council could simply make a determination about any requirement on any topic on an ad hoc basis, and the law clearly doesn't allow for that. I just don't think that it's appropriate to impose that sort of requirement unless you've got standards to say when, where, why and how on each instance. Second of all, I don't think there's any facts to support any notion or the allegation that single-level homes are somehow going to prevent some harm or some interference to the neighbors nearby; after all, some of them have two- story homes. Frankly I just think that by imposing that sort of a condition all you're really doing is you just play into what I would describe as the irrational fears of the opponents of the developmental project. With that, I'll stand for any questions you may have. I wasn't near as brief as I said I would when I started, was I? Corrie: Any questions from Council? Bird: I have none. Bradberry: Thank you very much. Corrie: Council, do you have any discussion while the public hearing is open? Ask any questions? Bird: I have none. deWeerd: Mr. Mayor, I've been with this application since (inaudible) it seems, and I have seen a lot of concessions made. They've gone from 45 lots to 29; they went from a god-awful amount down on the southern portion of that, and really, if (inaudible) to transition, their mixed residential into the larger lots to the south of it. So I do see a lot of concessions along that end. I am a firm believer of mixed residential. I'm one of those that don't like to see the square mile of R-4 because it is disturbing. I - this has turned out to - they first came in with a PUD and that was totally unacceptable. The density was way too high, and there was just no transition. From looking at it from the beginning to now, I think that it still fits within the Comprehensive Plan with the idea of what a mixed residential is; transitioning residential is not really, I think, the definition, I think transitioning has to do more with use between different land sues and residential, but I still think that you do need a transition from lot sizes and they have done a good job. Those lots are R-4 in size, and so if you have them come back with R-4, those lots on the southern boundary are what you're going to see. It just allows them a little bit more of a mixed use in the other lots throughout the development. I don't know what needs to - if the rest of the Council would support the original R-8 designation, but I'm still in favor of that. Corrie: Any other comments? Okay. I'll entertain a motion to close the public hearing at this point. Meridian City Council Meeting March 21,2000 Page 39 Bird: So moved. McCandless: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 1 0, request for preliminary plat. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: We've got the Findings of Facts that we have on the - come up on the annexation and zoning. Council, you have the Findings of Facts and Conclusions of Law based upon the testimony (inaudible) -- Anderson: Mr. Mayor, I have a question of legal counsel, then. If the Council's decision was to allow this to go to R-8, then the proper procedure would be to table the preliminary plat at this point and send it back for public hearings on the Findings of Facts and Conclusions of Law or how would that work? Nichols: Councilman Anderson, Mayor, members of the Council, I believe that the procedure if the Council wishes to reconsider its decision to zone this property or designate this as R-4 would be to table the preliminary plat decision then a motion to amend or not the direction to the City Attorney to prepare Findings of Facts and Conclusions of Law and indicate what changes, if any, you want made in those Findings. Then we go back and come up with proposed Findings to fit your new Findings or what you've decided. Bird: Mr. Mayor, this is for counsel, too, please. How can you just go back and amend your Findings when you've already passed on the R-4? This is just a legal question that I've been told that we can do it this way and I've also been told that we have to take it - they have to start all over. This would have been a much easier way for me if I had seen this plat when we had the other. What is the legality on changing it? Nichols: Councilman Bird, Mayor, members of the City Council, you have new testimony with regard to an essential aspect of the approval of the annexation and zoning which is what the preliminary plat shows that you didn't have before. So I think there's a basis there to change your decision if you choose to. With all due respect to Mr. Young and his comments about due process, the question is due process doesn't necessarily pre-determine a decision. It asks for notice, opportunity for hearing, opportunity to comment and provide testimony to the decision makers. That's been done. They've had an opportunity to -- the opponents and the proponents have had an opportunity to come forward and say what they wish to see in terms of the entire project. r ;.:....... ( Meridian City Council Meeting- March 21 J 2000 Page 40 ............-:. :. (~ \. Corrie: So the Findings of Facts and Conclusions of Law that you have before you states that it is to be an R-4 by a two-and-two vote with the Mayor making the tiebreaker, so I guess the question at hand is do you accept or don't accept the Findings of Facts and Conclusions of Law that's before us; is that correct? Nichols: Mayor Corrie, members of the Council, I believe that's correct, and if these Findings of Facts are rejected, then we need a motion from the Council to tell us what it is that you want in them. Corrie: Okay. Any further discussion? deWeerd: Mr. Mayor, just to clarify that, so we would need to reject them or we would request the attorney to amend them? Nichols: Again, Councilwoman deWeerd, members of the Council, Mayor Corrie, I'm not sure that it makes too big of a difference as long as it's the considered decision of the Council. My parliamentarianism is not the best in the world. I should have been in FFA, I guess. I would submit that either way, as long as the considered decision of the Council, and we'll go from there. Corrie: Okay. deWeerd: Mr. Mayor, I'd like to attempt a motion here, then. I would like to move that we direct the City Attorney to amend the Findings of Facts and Conclusions of Law for request for annexation and zoning of 8.25 acres to R-8, amend to R-8 rather than R-4 for the proposed Woodhaven Subdivision by Dan Wood, D.W. Inc., west of Eagle Road between Overland and East Victory to incorporate all staff comments. Corrie: Okay. Motion is made. Do I hear a second? Anderson: I'll second it. Corrie: Motion is made and seconded to direct the attorney to draw up new Findings of Facts and Conclusions of Law to indicate that the conditions would be an R-8 with the staff recommendations incorporated as stated by Mrs. deWeerd. Any further discussion? Bird: Mr. Mayor, now, what are we going to use the final plat? You're going to table this preliminary plat. I've already seen three changes on this that's come before us. Are we going to get another change now that we're R-8 if we pass this and go R-8? Are we going to get another plat change? deWeerd: My motion is based on the plat that is attached to the letter of March 20, 2000, by Dan Wood. /. f Meridian City Council Meeting March 21, 2000 Page 41 ( Corrie: It's not the plat you saw, though. deWeerd: This is the plat. Bird: That's not the plat you saw and is that legal to attach a plat to the Findings of Facts and Conclusions of Law? Nichols: Councilman Bird and Mayor Corrie, members of the Council, I don't - Councilwoman deWeerd can correct me if I'm wrong, but I construe her comment as an explanation of her motion, not as attaching that plat to the Findings of Fact. deWeerd: That's my basis for the R-8. Bird: wait a minute. Ask her again. Nichols: Well, perhaps I can clarify this, Mayor Corrie, members of the Council, if the issue is this particular preliminary plat which you have - all we had was the hearing on the plat. Certainly, the new Findings of Fact if we approve this motion can be put on the next agenda and be consistent - be with or right before the preliminary plat. - *** End of Side 3 *** Bird: Mr. Mayor, that's what I was trying to get at is you're making your decision based on this plat that you see in here. There's no guarantee that he has to come back with this after you change your deal. Don't get me wrong. My vote would have been different if I had seen this because I believe the first time down because I feel that he has went and done R-4 on every lot that adjoins other property. I don't believe we could make him to have the one-acre lots back there or the quarter-acre lots. But I just want you to understand that once you change this to an R-8, he can change this plat. Anderson: We don't have to approve it. Bird: You don't have to approve it; that's right. But then we start going back through the situation that we've been going through: five or six public hearings. I'm not saying that it's not our system's fault, but I also think that a lot of the times it's developers need to come in a little better prepared and we don't need to be seeing 16 different plats on one deal. Corrie: Mr. Nichols. Nichols: Mayor Corrie, members of the Council, Councilman Bird, I guess this question is directed to Mr. Bird. With the requirement of a Development Agreement, would that give you greater comfort with regard to the issue of the lot sizes? (~ ,-' Meridian City Council Meeting March 21 J 2000 Page 42 (<" ^ Bird: I have no problem. I just wanted it clarified, Mr. Nichols, that this isn't a guaranteed plat. If we change it - I know it will be, don't get me wrong, I know it will be, but it's just shows that our system has got to be changed a little bit to make it much easier. deWeerd: Mr. Mayor, just to re-emphasize this, we have no business looking at zoning and annexation without seeing a plan with it. Bird: I hate to admit you're right. Corrie: Also, if we do go to an R-8, there's no reason for him to put larger homes there, either. You can go an R-8 sized home which is less than the other subdivisions around him. Let's keep that in mind. I don't know what his intentions are in putting larger homes or smaller homes or classification of R-8s, but - R-8 it can be smaller homes. It doesn't have to (inaudible). Any further discussion? Okay. Questions have been called for? (unidentified): I'm looking for some clarification on this single-level issue. don't think you've discussed that, and I think it's important. Corrie: This is not before us on this. This is not the preliminary plat, we're talking about zoning and annexation. That's all. (unidentified): But as a condition of the annexation, I believe that issue has been addressed. Maybe I'm wrong. Bird: That is not in the Findings of Fact and Conclusions of Law in any way shape or form. Corrie: Okay. Questions have been called for. All those in favor of the motion say aye. Bird: Let's roll-call. Corrie: Okay, we'll have a roll-call vote, then. All those in favor, roll-call vote. Roil-cali: deWeerd, aye; Anderson, aye; McCandless, no; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: Three ayes, you have the zoning for R-8. Let's take the request for preliminary plat at this point tabled and brought for Council on April 4th if that's - I guess I shouldn't be doing that. (- . Meridian City Council Meeting March 21,2000 Page 43 ( - Bird: Mr. Mayor, I move that we table the request for preliminary plat for Woodhaven Subdivision by Dan Wood, D.W., Inc., until April 4, 2000. deWeerd: Second. Corrie: Motion made and seconded to table Item No.8, preliminary plat, until April 4, 2000. deWeerd: Mr. Mayor, I think it's important at this point since the public hearing has been closed and even though we are continuing this, I do believe some issues were raised that need to be part of conditions of the preliminary plat and I want to assure that the neighbors of what my list is and that would be dust abatement during construction; it would be the fencing at a height of the lateral; it will be maintaining the integrity of your access to irrigation out of the McDonald Lateral; the addition of the Right-to-Farm Act to be a provision of that; and that the property line be saved. Corrie: Okay. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 11. Continued Public Hearing: PP 00-003 Request for preliminary plat for Woodbridge Subdivision of 164 lots on 50.9 acres by Woodbridge Community, LLC - east side of South Locust Grove Road % mile south of Franklin Road: Corrie: Item No. 11, this is continued public hearing, request for preliminary plat for Woodbridge Subdivision of 164 lots on 50.9 acres by Woodbridge Community, LLC - east side of South Locust Grove and % mile south of Franklin Road. At this time I'll re-open the continued public hearing and invite staff comments first. Siddoway: Mr. Mayor, members of the Council, the issue before you tonight is a continued public hearing for the preliminary plat of Woodbridge Subdivision. It has 164 lots, just over 50 acres. This is Locust Grove on the map before you, and the hatched-in area here is the area for a Woodbridge Subdivision. I do have an existing photograph of that field at this time as well as a photograph taken from the north, Green Hill Estates, I believe, that's the subdivision to the north. This is where there's been some discussion on the plat of a pedestrian - an easement that would be grassed and such that it would come up to an existing easement that's located at this point in that Green Hill Estates Subdivision. If I back out a little farther, now in Green Hill Estates and looking down the line of where that easement would be with the Woodbridge site in the back. This is the proposed plat; it is a planned development. There have been some issues with the staff comments. Staff issued comments, received comments back on some requested revisions from the applicant. Gary /c- ... ( Meridian City Council Meeting March 21, 2000 Page 44 ( responded today in response to several of those, so I'm going to let him have the floor for a minute. Smith: Thank you, Mr. Mayor and Council. I hand-delivered a memo to each one of you along with the developer and their representative today by fax to the developer and their engineer. This memo that was written was primarily authored by my assistant, Bruce Freckleton. Bruce had been working closely with the developer and their engineer concerning comments that they had to the staff comments that were previously issued. The memo that was given to you today addresses the requested modifications to the staff comments by the developer, O'Niell Enterprises. Specifically, those are numbered on the three pages of the memo that was distributed today. I haven't had a chance to talk with the developer or the representative directly about these comments that were issued under this memo. I don't know what their attitudes are. They weren't in complete agreement with what they were requesting as far as modifications were concerned. I think that we did address their requests, and we feel as though this is a compromise as to what was originally listed as our comments in the review of their project. I think that's all the comment that I have. Those are the comments that I have concerning this memo. Thank you. Corrie: Okay. Since this is a continued public hearing, I'll request the applicant to sta rt fi rst. Q'Niell: Mr. Mayor, members of the Council, my name is Derek O'Niell, 1 00 N. 9th, Suite 300, Boise, Idaho. I am president of Q'Niell Enterprises, managing member of Woodbridge Community, LLC. First I'd like to compliment and thank your staff for working diligently with us for the last month or two on this report and primarily in the last two weeks since this issue has moved forward. I haven't had a chance to talk to Gary specifically about his comments. I have read them, reviewed them very carefully, and I would submit to you that we are in agreement with the condition as modified in his letter, or Bruce's letter dated 3-21-00 to you. So I can keep it quick and short and tell you that we are in agreement with the conditions as written by staff or the amended conditions, 3-21-00, that you received today. I'm happy to answer any questions, review any issues with you. Hopefully we can keep this quick and move forward. Corrie: Council, questions? Okay. Thank you. Anyone else from the public that would like to issue testimony on the preliminary plat? McMillan: My name is Reese McMillan870 S. Locust Grove Road. On this southwest corner, there's a drain ditch that goes down through there that (inaudible) all our properties (inaudible) seven of us along Locust Grove down through the freeway that the water runs continuously (inaudible) wondering what they were going to do with this drain ditch. Also, I'd like to see the Five Mile Drain stay in a natural wetland condition so if there was a geese nest down there, ducks down there, we've got foxes running in and out of those places down (r. t. Meridian City Council Meeting i March 21 , 2000 Page 45 I ~ ,:.._,~ .. ( there. I'd like to see that stay a natural condition down there. Also, when they start this, I'd like to see the dust abatement. We've had Jabil out there, and you can't believe the dust, and this is closer than what Jabil is. Also, you know, no late night or early mornings or - give us all a break out there anyway. Thank you. Corrie: Thank you. Any other testimony? I hear none. Mr. OJNiell, do you want to comment on those? Q'Niell: I'll address the dust issue and we'll do everything we can to be a good neighbor. There's a construction site, we're moving a lot of dirt, but we'll do everything in our power to be a good neighbor. We've done this often, and it's in our best interest to do that. The Five Mile Drain issue, one of the main elements of our plan and the main purposes of us developing this property is to make that an amenity for the project. The more we can enhance it and improve it, the more that does for values in our project. So we're doing everything we can to work with Nampa Meridian Irrigation District to enhance and improve that element. That's very important to us. We're working toward that. In terms of the drainage ditch and the downstream users, our commitment is to provide water to anybody who has a water right and needs to be delivered water. We're working through that right now, so if they have a water right and water's to be delivered to them, we'll provide water to them. Corrie: Okay. Council have any other discussion for the public hearing? Siddoway: I actually wanted to take the question, I'm sorry, I forgot you name, Mr. McMillan asked regarding the existing natural areas. There are ducks and fox out there. I would point out that this line on the plat that follows up here, our designated wetlands, some of those wetlands are becoming building lots, and it may be good to hear from the applicant about that. I assume you have to mitigate for those wetlands by building other wetlands elsewhere, and just like to hear some response on that issue. Q'Niell: I'm sorry. I thought he was discussing specifically Five Mile Creek. I can discuss the wetlands. Those are delineated wetlands by the Army Corp of Engineers. We submitted for a 404 Nationwide Permit and we will comply completely with that permit. We're going to replace the wetlands that you see have some building lots one to one, so we will replace any wetlands that there are. Actually upstream from there. If you go through any projects we do, we work very, very hard to create natural amenities in waterways, and this is that wetland we've worked with the Corp, they're in favor of us taking and moving the wetland or enhancing the wetland if we do it on a one-to-one basis. That's what our intent is, to be fully under the jurisdiction of the Army Corp of Engineers, and that permit is in process as we speak. Thank you. ( . Meridian City Council Meeting March 211 2000 Page 46 Bird: Mr. Mayor, I think Mr. McMillan was talking about the drain instead of receiving the water, they receive the water up top and what he was talking about was it going to be able to still have the drain, the drain ditch was going to still stay in there. McMillan: (inaudible). Q'Niell: We certainly have a plan that will drain any of the water that would be naturally draining from there. Actually, what we're doing is instead of taking it down that drain that crosses the property, we're going to move it down where the natural waterway is, we're going to drain water into the natural waterway so that improves, gives us a little more water to put in that natural waterway and improves that area. We certainly have a very specific plan to make sure that any water that would be draining won't back up above that property, and we're working closely with irrigation district. Bird: I was going to say, I'm sure they've got water rights. McMillan: (inaudible) Corrie: Okay. Any other questions of the public hearing? Okay. I'll entertain a motion on the closing of the public hearing. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 11. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Done. Okay. Discussion, Council? deWeerd: Mr. Mayor, I move that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law for the approval of the request for preliminary plat for Woodbridge Subdivision, 164 lots on 50.9 acres by Woodbridge Community, LLC, east side of South Locust Grove Road, % mile south of Franklin Road, to include the comments dated 3-21-00 by Bruce Freckleton. Bird: Second. Corrie: Okay. Motion is made and seconded to approve the preliminary plat with the inclusion of the staff comments and for the attorney to draw up the proper ( Meridian City Council Meeting .. March 21 , 2000 Page 47 orders for the preliminary plat. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 12. Public Hearing: V AR 00-003 Request for reduction in the requirements for landscaping and parking for the expansion of an existing warehouse facility in an I-L zone by 4M I Canvest: Corrie: Item No. 12, there's been a request to withdraw. The requirements for the landscaping and parking; they want to re-do that whole program. So, Mr. Counselor, do we just make a motion then to withdraw Item No. 12; is that correct? Or do we hold the public hearing and then do the request? Nichols: Mayor Corrie, I think, members of the Council, if it's withdrawn, I'm not sure the Council needs to take any action other than to acknowledge that it's withdrawn. Corrie: Okay. It has been withdrawn, request to withdraw. Okay. No. 12 is done? Item 13. Public Hearing: Request for an increase in fees for park shelters at Tully Park and Storey Park: Corrie: Item No. 13 is a public hearing, request for an increase in fees for park shelters at Tully Park and Storey Park. At this time, I'll invite Mr. Kuntz to start the public hearing, and I'll open the public hearing at this time. Kuntz: Mayor and Council, last year with the opening of Tully Park, we added a shelter three to four times larger than we've had prior in Storey Park. As a result of that, we've gone through and amended our park shelter fees and rules to go along with that. Those are before you tonight for your consideration. Corrie: Okay. Anyone from the public that would like to issue testimony on the public hearing for increasing the fees of the park shelters at Tully Park and Storey Park? Hearing none, Council, any further discussion on the public hearing? deWeerd: I move that we close it. Corrie: Motion is made. Do I hear a second? Bird: Second. (~-,... Meridian City Council Meeting' March 21, 2000 Page 48 c Corrie: Second to close the public hearing. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Berg. Berg: Mr. Mayor, members of the Council, just a question for the legal counsel. If there wasn't any objections or any concerns at the public hearing, can we adopt the Ordinance that's attached with the hearing? Nichols: Mayor Corrie, members of the Council, Mr. Berg, I think to adopt the Ordinance, you're going to have to have it on the agenda as a proposed Ordinance. I would just for your information to the Council, when Mr. Kuntz and I began working on this process and I got to looking at the Ordinances, we actually had a resolution in place which contradicted a portion of the code, and so, that's why you have an Ordinance and a resolution so that we can clean that up so in the future you just simply pass whatever resolutions to raise or lower fees. So, anyway, that's - the other substantive change was there aren't as many things as Mr. Berg's office on this issue as there would be at Mr. Kuntz' office as far as the reservation list, the applications and so forth where under the current code, it puts all those things in Mr. Berg's office. Corrie: So we can do a resolution? Nichols: You're going to have to do the Ordinance first in order to authorize the resolution. Corrie: Okay. Then I guess we need a motion to have the attorney draw up the Ordinance. Bird: Mr. Mayor, I move that we have the attorney draw up the Ordinance showing the increase in fees for park shelters at Tully Park and Storey Park. deWeerd: Second. Corrie: Motion is made and seconded to have the attorney draw up the proper Ordinance for the increase in fees, the park shelters at Tully Park and Storey Park. Any further discussion? Nichols: Mayor Corrie, Mr. Bird, in your motion does it include the appropriate resolution as well as the Ordinance? Bird: Yes. I thought it was all one. ( Meridian City Council Meeting March 21 , 2000 Page 49 ( . Corrie: The motion is to draw up the Ordinance for the proper resolution. Any further discussion? Hearing none, roll-call vote, Mr. Berg. RoIl-calI: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 14. Tabled from March 7, 2000: Ordinance No. AZ 99-018 Request for annexation and zoning of 7.25 acres to C-G by Overland Mini-Storage, LLC: Item 14a. (Item E.) Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit for 81 ,000 s.f. mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Corrie: Item No. 14 was tabled March 7; Ordinance requesting annexation and zoning of 7.25 acres to C-G by Overland Mini Storage, and also Item E from the Consent Agenda was also on this. I'll ask the Planning and Zoning Director. You're on board. Siddoway: I'm not Planning and Zoning Director. You see on the wall in front of you a vicinity map, the Overland Mini Storage sites; it's along Overland Road between Overland and 1-84, and between Locust Grove and Meridian Road which is just off of the map over here. As you know, there were issues on the site plan related to landscaping and parking and signage. Those three issues that were brought up last City Council meeting. Staff was instructed to meet with the applicant to work out the details. Some of these details have been worked out, others we are - seems we're at an impasse. I'll try to just briefly familiarize you with the site. This is taken from Overland Road looking north across the site. Standing here at the eastern edge of the site looking along Nine Mile Creek, the fenceline here, Nine Mile Creek runs along this side. I'm standing in the property now looking across Nine Mile Creek in the foreground here, and the residential properties that currently exist northeast of the Overland Mini Storage site. This is also standing in the center of the Overland Mini Storage site looking south toward Sportsman Pointe. We've been through several versions of the landscape plan since Council last met, I believe the number is four, this is the current plan as it now stands. The issue was that Nine Mile Creek runs along this side. Well, let me first of all state that the signage issue is resolved. They have moved their sign from an off-premise sign to on-premise and has submitted sign details, the sizes of which have been incorporated into the Findings of Facts and Conclusions of Law by the legal department and should be in your packets now. So that issue is resolved. The issue regarding the land, the parking remains - they show space for one handicapped space and two standard spaces. They may be able to get a third standard space if they bump the gate out a little bit to ('- Meridian City Council MeetingU,-- March 211 2000 Page 50 (~--, accommodate it, but the gate line right now runs right through the center of their third parking space. We have no standards for parking at a mini-storage lot in the zoning Ordinance, so if City Council feels that three lots, three spaces is sufficient, then we can approve it and not be in violation of any Ordinance. However, just based on experience as staff, last summer, Republic Storage came before us with a project to increase their parking because when they get a lot of people moving in and out, friends show up, and they find that they did not have enough parking to accommodate those needs. They said three to four spaces met the needs 80 percent of the time, but then on the weekends when you get a lot of people moving, especially when church groups are involved and friends come and help, they needed additional parking. So staff feels that more parking is needed. The original Conditional Use Permit that went through Planning and Zoning showed extensive buffering along Nine Mile Creek. To provide buffers for adjacent uses on this side that would not have to look at the walls of expansive storage units. When the final plat was submitted, it showed a 50-foot sewer utility easement that can't be planted in along that edge. So, basically, that entire buffer that had been put in as part of the Conditional Use Permit was now going away. The plan that you see before you tonight has one tree at the end of every building to try to provide some of that buffering and approximately 55-foot centers. You have the buffering along the west side and also have a strip of buffering along the south side going across. The 35-foot landscape setbacks that were required along Overland Road were also provided for. Staffs position is that this is still inadequate; that we still need to have a buffer at least six-feet wide outside of the existing sewer easement that can hold the trees around this property to provide that landscape buffer and then just shrink the buildings accordingly. That is staff's position at this time. If City Council feels that this is an acceptable solution, then you have the option of approving it and being done with it tonight. That's all I have. If you have any questions, I'll be happy to answer them. Corrie: Mr. Anderson. Anderson: So if I'm understanding that drawing right, you still can drive around that end of the building to the north, the one line there is the fence? Siddoway: Yes. There is a problem that I've noted with this landscape plan that his line, you can kind of see where along here it's noted as the edge of pavement line. We need at least 25 feet per Ordinance between the planter and the edge of pavement. Some places that is only 15 feet, but it's kind of in the details because we can - there is space for them to put the additional paving, you just have to move it out closer to the fence line. And the easement can be asphalted over it; it just can't have trees in it. Corrie: Okay. ~~."L ( Meridian City Council Meeting.. March 21, 2000 Page 51 /....,:.~..- :~.. \ ( deWeerd: Mr. Mayor, what was the original plan approved by Planning and Zoning and City Council? Were they one in the same? And how different is it than what we're seeing now? Siddoway: I don't have it in a graphic to put up, but I do have it in a packet here if you'll just give me a second. This is the plan that was proposed originally and approved with landscaping all along Nine Mile Creek. I'll hand it out to you 50 you can look at it. Corrie: Okay, Council? Okay. Somebody has a comment. (Unidentified): Mayor and Council, looking ahead at future pathways within our impact area, I think it's also important to consider the impact that keeping that 50- foot easement would have on future pathways that may be connected to the City. Thank you. Corrie: Okay. All right. We have Item E which is Findings of Facts and Conclusions of Law for a Conditional Use Permit of mini-storage on Lot 2 of proposed Overland Mini Storage and we also have the Ordinance. If I'm not mistaken, it's the desire of Planning and Zoning to have that remanded back to the Planning and Zoning Commission? Siddoway: That's what we see as the - unless the City Council wants to deal with design issues, open up the public hearing, have testimony from the applicant who is here, that would be the only other option. Corrie: We can't have a public hearing because it wasn't noticed, so we're not going to (inaudible). No, there's no public hearing at all. So it's up the Council what you'd like to do. Bob, we're not taking testimony. Would you propose that we just take up the Findings of Facts and Conclusions of Law first and then - how do we do this so we don't get ourselves in a hole? Okay. (inaudible discussion amongst Council members) Bird: Mr. Mayor, I wonder if staff, Steve's got anymore to add now. Siddoway: Nothing more at this time. I was asking Mr. Unger if he were to give me any indication that they were willing to just put the six-foot landscape buffer outside the easement and the driveway be on that and shorten the buildings and try to increase the parking, we could go through one more round just at a staff level without remanding this back to P & Z. But if that's not the case; if they're not willing to do that, then our position is that it needs to go back to P & Z because this is a significant modification to the Conditional Use Permit that you recommended approval on. I've not heard back from him on that yet. Okay. I'm being informed by the applicant that they're willing to do a six-foot minimum wide strip outside of the easement to provide for landscaping, put the driveway beyond (~U_ ( ..\ Meridian City Council Meeting March 21 J 2000 Page 52 that and shorten the buildings. They do want to keep the parking as-is on the site. If Council is comfortable with that, we can do one more round at a staff level and come back with that to you. Obviously, we would like to see more parking, but I guess there's talk of actually expanding these - some of these other three lots that are creating with their plat and they feel that they can provide additional parking on some of those future lots; although, there's no guarantee of that, obviously. Bird: Mr. Mayor, I agree with Steve. The parking isn't a real big thing with me because if you look at most of these storage places, they have very little or none parking. So what I am hearing is we need to table this for another two weeks and have the staff work out a new conditional use proposal or- Siddoway: A new landscape plan. Bird: -- Yes. Get it straight. Siddoway: A new landscape site plan. Basically to provide for a six-foot minimum. Bird: Okay. I'll make a motion if that's okay. Corrie: Go ahead, Steve. Siddoway: I just want to understand that we're comfortable with three parking spaces and one handicap space and then we're going to get the buffer, a six-foot wide minimum buffer outside of the six-foot sewer easement and require the drive aisles be below that and the building needs to be reduced accordingly. That's what I'm going to work with the applicant on. Bird: Mr. Mayor, I move that we table until April 4th the Findings of Facts and Conclusions of Law for CUP 99-033 and for the staff and the applicant to work out some new proposals as have been brought up and brought back to us. deWeerd: Would that include parking? Bird: That would include parking which is part of Item - whatever they decide. deWeerd: Whatever staff desires or the applicant? Bird: Whatever they work out together. deWeerd: Well, I'll second that just for discussion. Corrie: Motion has been made and seconded to table the Conditional Use Permit - order of Conditional Use Permit until April 4, 2000. Discussion? .I.~'++-. . ( Meridian City Council Meeting -- March 21 t 2000 Page 53 (~'-. deWeerd: Mr. Mayor, I think it'd be helpful for staff and the applicant to know what kind of parking is minimally accepted, acceptable. Bird: I think the staff just basically said that three parking spots and a handicapped; was that not right? Siddoway: No, our desire is to have more based on the fact that Republic Storage just came back to us to expand their parking lot saying that they didn't have enoug h. Bird: I don't know. My feeling is that that's something that you guys can negotiate with. Siddoway: You sound like you're comfortable with - Bird: I'm comfortable with that myself. If you go around and look at the mini- storages, very few of them have very much parking spots. Very few of them have it. Normally park up and down between the buildings all the time. They'll pull in and do that. If you actually look out here at the Meridian Storage out here, I think it was the first mini-storage that we've probably had in the area, there's probably five or six parking spaces, but have of it's Meridian Electric there in the same office building. Anderson: I think it's a self-policing deal because they can adjust their own business. No one's going to rent (inaudible) so they've got to provide access. Bird: I agree with you, Ron. deWeerd: So it sounds that parking is not an issue. Siddoway: Okay. I'm going to leave parking alone. We'll just go with the landscape buffer. Okay. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: No, we've got to table the Ordinance. Mr. Mayor, I move that we table the Ordinance for the request of annexation and zoning of 7.25 acres to C-G by Overland Mini Storage, LLC, until April 4, 2000. Anderson: Second. ** End of Side 4 *** ( Meridian City Council Meeting March 21 t 2000 Page 54 (~-_. .. Corrie: ... of possible action I think will be handled the 28th if we have it set. think on Item 17, if I'm correct? Right? 17. Department Reports: A. City Treasurer - Janice Smith 1. Treasurer's Report - Volunteer Firefighter Monthly Pay: Corrie: Department Reports, City Treasurer, we've already had the reports - Berg: Madame Treasurer gave me a memo to pass out to you that she wanted to have some action on if possible. It deals with the Fire Department and the volunteer firefighters' pay period. Chief Bowers has a few comments that he and Treasurer has worked out. Bowers: Mayor Corrie and City Council members, first off, I do want to thank you for participating in our open house and ribbon cutting on Saturday. I think it was a very well-deserved thing. It was a very important day for the City and rural residents and for the Fire Department. I appreciate you showing up and participating. First off, did everybody get a copy of that - what it is is the volunteer on-call personnel have approached us and asked if they would be able to get pay for their calls that they come on monthly now. In the past, of course, when we were going 1 00 - 200 calls a year, it didn't amount to much monthly, so they did want it to add up every six months. Also, this is kind of a two-fold request. Janice from the accounting department felt that this would work out much better for their department, also, to do all the checks at the same time each month and that the auditors, it would fit in with the auditors per year. It would fit in much better. As you can read here and see, the payroll for the volunteer on- call is about $7,000 a month. It varies, it goes up and down, just depends on how busy the month is. I also approached the Rural Commissioners on March 16, 2000 of this very same subject. They approved of the change if the City Council was in favor of it, but they did not want it to go into effect until June 1. That would be our next pay period that we start. They were in favor of waiting until June 1 and starting it. Are there any questions of myself or the Department? Bird: I had a question, Kenny. What does this - I mean, they all will be making enough per month that it'll - FICA and all the taxes and stuff will be taken care of, because if you don't - pay periods, if you don't make enough money, then all this stuff is not taken out, and I don't want to get ourselves in trouble that way. Bowers: Yes. They take out taxes and the - Bird: If you change it to a month and they only made one or two call outs, though, and I don't remember what it was, it used to be $1 00 or so on a pay - on 1"'-''-+-'-.. .. ( Meridian City Council Meeting' March 21,2000 Page 55 ( a paycheck, then you wouldn't have any taxes or FICA taken out. These volunteers need to realize that that when they get to the end of the year and they've taken in $1000 over 12 months and hasn't had any taxes or FICA taken out and they get hit with it at that end, I can hear them coming back and screaming you didn't tell me. I'd have no problem with that. I think it's a great idea. I just want them to know up front that they - maybe Mr. Berg knows what the minimum is before you get taxes and stuff taken out, but I think that's something - as long as the firemen are aware of it. (inaudible discussion amongst Council members) Bowers: Mayor Corrie and City Council members, we do pay up to the May, the end of May and the end of November now at this time. Two times a year. Corrie: Okay. Any further discussion? Okay. I guess the question would be, the action would be, do you want to go monthly and the effective date. Anderson: Mr. Mayor, I think for us and City Council it really doesn't matter and Kenny (inaudible) really didn't create any additional problems on the bookkeeping of payroll if it would make things easier for the audit, I would make a motion that we approve this change and coincide it with the Rural District and when they want to start it, June 1 st. Bird: I'll second it. Corrie: Motion is made that we pay the rural firemen on a monthly basis and become effective on June l' 2000. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES B. City Engineer - Gary Smith 1. Bio-solids Dewatering Project - Change Order No.1: Corrie: City Engineer, Gary Smith. Smith: Thank you, Mr. Mayor, Council members. I've got three items. Item No. 1 is the biD-solids dewatering project, change order No. 1. You should have a memo in your packet that explains the need for this change order. This memo was put together by Brad Watson. It consists of three items. First item is an old ditch that we found out there at the site as we were excavating for the building that needed to be excavated, back-filled with some suitable material to support the facility. The cost for that extra work was $11 ,787.04. Second Item was the necessity for a disconnect switch for the flow meter to the centrifuge was found not to be needed. That was a reduction cost of $1 ,005.96. The third item has to (- ( Meridian City Council Meeting March 21 J 2000 Page 56 due with the gas piping. It was changed from welded steel to plastic, and that resulted in a savings of $700. So the net change on this change order is an increase to the contracted amount of $10,081.08 along with an increase in contract time of 28 days. I would request your approval and authority for authorization for Mayor Corrie to sign Change Order No. 1 for the bio-solids dewatering project in that amount. Do you have any questions? Anderson: I have none. Bird: Mr. Mayor, I move that we approve Change Order No. 1 with Turnkey Construction for the sum of $10,081.08 with an increase of 28 days on the back of the contract and for the Mayor to sign. Anderson: Second. Corrie: Motion made and seconded to approve the Change Order No. 1 in the amount of $10,081.08, Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Tully Park Easement: Smith: Second item is an easement request for an easement by Nampa Meridian Irrigation District for access from Linder Road into the Tully Park pump station. This pump station supplies irrigation water from Five Mile Creek to Tully Park and also will supply pressure irrigation to the Turtle Creek Subdivision which is to the west of Tully Park. The deed has been transmitted to Nampa Meridian for the pump station and the operation and maintenance agreement has been previously acted on by Council and sent to them and this is the remaining need for their operation maintenance of that pump station is to provide an access easement. I can't tell you why that wasn't part of the original deed. I think it just got dropped out of the loop. Wasn't originally included. Corrie: Okay. Discussion? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for the Tully Park Easement. Bird: Mr. Mayor, I move that we approve the Tully Park Easement with Nampa Meridian Irrigation District and for the Mayor to sign and the Clerk to attest. deWeerd: Second. ( .. (r;, Meridian City Council Meeting March 21, 2000 Page 57 Corrie: Motion is made and seconded to approve, the Mayor to sign and the Clerk to attest, as presented by the City Public Works Director. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 3. Country Terrace Estates Sewer Connection Issue - Sid Harmon: Smith: Thank you, Mayor and Council. The last item I have concerns Country Terrace Estates Subdivision and the need or the request for a sewer connection out there to the City sewer. This goes back to initially the request was, I believe, in December of last year. I don't know if you recall it or not, but specifically Mike Luke lives in Country Terrace Subdivision and he called one day stating that he had problems with his septic tank drain field process. All of the - just a little history. All of the residents in Country Terrace are presently served by a community water system; they are in the county; they have City limits to most of the west side of them which is Running Brook Estates; to the south side of them which, again, is Running Brook; to the east of them is Meridian Greens. There's a portion of their west boundary that is county, still county. The property across Overland to the north of them is still county. The - as I mentioned, they're served for water by community well that's operated and maintained by a water system association. Each lot has an individual septic tank and drain field for disposal of sewage. As part ot the construction of the subdivision, the developer installed sewer lines in the streets which are public rights-at-way. They were dry lines. When Running Brook Estates was constructed, I required the developer of Running Brook to extend the sewer line through their subdivision and connect to the sewer lines in Country Terrace because that's the way they flowed, that would be their only avenue for future connection assuming they had a problem. And when Mr. Luke called, was found that not only did he have a problem, but there were several lots in the subdivision that had experienced some degree of problem with their septic tank drain field process. At the time that Mr. Luke's request was presented to you, you instructed me to come back and talk to the residents of the subdivision concerning annexation. With other business that was pressing, I kind of dropped the ball on that; Mr. Luke's problem with his drain field seemed to dissipate and so he didn't press me. Consequently, nothing happened from my standpoint, to get information back to you. Recently, Mr. Luke called again and said his problem has surfaced, so to speak. So the question then was, well, I got back in my file and found that the question that you had posed to me was what's the attitude of the residents toward annexation? And in that regard, I contacted Mr. Luke who in turn contacted Mr. Sid Harmon. Sid is the President of the water users association. I'm not sure that's the right terminology, but they don't have a Homeowners Association, per se, but the water users' association kind of - is a focal point for operations within the subdivision. He did some legwork, some homework amongst the property owners in the subdivision concerning the annexation issue, and he has gathered (C_' Meridian City Council Meeting. March 21, 2000 Page 58 some information in that regard and in regard of actually connecting to the sewer system that's in the public right-of-way. I guess with that background, I will turn the comments over to Sid and let him give you information that he's gathered on the attitudes of the residents in Country Terrace concerning annexation. Mr. Harmon. Harmon: Mr. Mayor, members of the Council, my name is Sid Harmon. I live at 1635 Country Terrace Estates in Meridian, Idaho. Like Gary said, there's a resurface of a problem in Mike Luke's front yard. He had an engineer from Master Rooter come out and pronounce his drain field dead on arrival. His front yard is too small to physically fit a new drain field in. His back yard overlooks Running Brook Estates, and is therefore, on a slight bluff, and he may not even have enough room to put a drain field and septic tank in his back yard. Knowing that we kind of expected for quite some time that eventually our little subdivision will be annexed, Mike Luke is somewhat reluctant into trying to put in a $5,000, $6,000 system only to have Meridian annex us a year or two or three years from now because that would be about what it would cost to hook up to City sewer and water when annexed. Mike has a problem. On the other hand, our subdivision's been well served by a well for almost 20 years. My next door neighbor's a single gentleman that works for Van Waters and Rogers, it's a ground water contamination specialist. He tested the water and promptly bought his house because it's some of the best water around that he's ever seen. We enjoy the well. I'm not the president of the Homeowners Association, but the president of a corporation to support the collection of funds to support our well. When the 28 residents, we have 28 homes out there, and I was able to contact 26 residents, and that was after a considerable amount of time and effort that Gary had put into explaining several different things to us. We got together with a couple members of our subdivision, vice president, director, and we had our meeting and put together some information, tried to send it out to folks to get their feelings on the impacts that would be to them, pros and cons on annexation. Out of the 26 homeowners that I did ask, 11 percent favored annexation and 89 percent did not favor annexation. It's just strictly on you annex me, I would have to hook up to City water and sewer. Financial was probably a main point, however, everybody likes the good water. You go over and visit somebody in Meridian Greens, and you say, man, your water tastes bad. And vice versa when they come over to us, they say, man, your water tastes good. That's kind of the position of the residents out there. It looks like about 11 percent for and 89 percent against; however, Mike Luke still has a problem. That's kind of where we stand. Are there any questions that you'd like to ask me or are there any other options anywhere between full annexation and Mike Luke, you've really got a problem. Corrie: Sounds like 80 percent of them knows he's got a problem but they don't care. I mean, they don't care that he's got the problem. They do care, but they want to keep their own until they have a problem. (~- Meridian City Council Meeting March 21, 2000 Page 59 ( Harmon: We have had two other people who have a problem. One of them tried to put a pond at the end of his drain field and couldn't figure out why his pond wouldn't work right. Another owner never had a septic before and never pumped it and his failed and had to put in a new tank and drain field system. We realize that septic systems will fail and sooner or later we will be annexed. That's why we're down here looking to see what other options there might be. Gary did point out that right now all the lines in the streets belong to us. We're responsible for the maintenance of them. If Mike Luke were to hook onto City sewer and we were not annexed, we would be responsible for any flushing, caring and maintenance of the lines. Basically, nobody had a problem with that because tomorrow it could be them. Bird: Mr. Mayor, is it the well that most of the residents - they don't want to lose their water, their well and - is that their real concern? Harmon: I would say that mostly the concern would be financial, but everybody in the same breath would say I really like the water out here. Those folks have lived in there most of them long enough to really appreciate the difference. I've been out there 1 0 years now. Anderson: Gary, what's the option on water? Could they hook up to sewer and keep their water for awhile until such time they start having problems with the well and then go to City water? Smith: Councilman Anderson, Mayor and Council, I'm not prepared to address that from a DEQ standpoint if that would be a DEQ issue. Right now, they're a county subdivision with their own water system, and they're operating under requirements that DEQ would have over a private water system. I don't know if that would be affected by an inclusion into the City of Meridian as one option. The other option would be to allow them to connect without connecting to the City water system as a county subdivision. The only way we could handle that would be to - as far as billing goes, just to bill them a flat fee each month based on the average water use in the City. So it wouldn't be based on a meter of water used because they don't have meters. Anderson: But for them to hook up to the sewer, you'd charge them a double hook-up fee, a double assessment? Smith: No, sir. That was removed from our Ordinance. It would be just a straight connection fee. But what I mentioned to Sid, and I think I mentioned before, perhaps not, but Central District Health has taken the attitude because they have jurisdiction over septic tanks and drain fields that if a city sewer is available to a property, even if the property's not in the City, they won't allow that property to replace their on-site system. They'll require them to connect to the City. I talked to Mayor Corrie about that yesterday. I'm not sure of the legalities of all of that, but they've done that to us before. Not done it to us, they've done it (~ Meridian City Council Meeting March 21 t 2000 Page 60 ( to the landowners that were outside the city limits in front of which a sewer line exists. They'd required them to connect to the sewer; would not let them replace their system. So that could very possibly be Mike Luke's situation as far as Central District is concerned. I don't know whether Bill Nichols has any- Corrie: Would this be everybody in that subdivision hook into our sewer line or just the one or whenever they come in with a problem? Smith: As a county resident, it would just be as they experienced a problem. If somehow the subdivision was annexed, then our Ordinance requires a connection. That could be varied, I suspect. I guess the whole Ordinance is susceptible to variances, but by Ordinance, they would have to connect within 15 days of notice. I mentioned before we haven't gone out and actively solicited customers because we got lots of them. We do have some folks in the city that are adjacent to sewer lines that are not connected. Anderson: Why would you even want to be annexed into the City if you could hook to our sewer and use the facilities that the rest of the tax payers are footing the bill for? Smith: That's the question, yes, sir. And we used to have a little bit of a penalty for hooking into the sewer and water system, but that penalty's not there any longer. Anderson: You're never going to be able to annex one house at a time because it's got to be contiguous. So you have to have either the subdivision goes or they don't go. When you look at all the trouble Boise's been having with extending sewer and water services outside their area, I guess I'm not leaning toward us doing that either. deWeerd: Mr. Mayor, is it something we can do that, you know, when it goes above 1 0 percent wanting to hook up that the whole subdivision would have to them be annexed and required to hook up or it's either all or nothing? Corrie: Are you directing that to Mr. Nichols? Nichols: Councilwoman deWeerd, Mayor and Council, it is likely even though this subdivision is more than five acres that you could annex it because the subdivision is contiguous since it's part of a larger parcel which was split up into less than five-acre lots. But the force annexation issue is what's caused these problems as far as annexation or statutes at the legislature. If you - in the policy as I understand that the City has had is to only annex upon consent where people come to you and asked to be annexed because they're going to receive something in turn: city services, zoning considerations that they can't get from the county. I don't think you can come up with an agreement that enough people in the subdivision would sign, kind of a (inaudible) agreement that would cover /...,.....,.......... f Meridian City Council Meeting March 21 , 2000 Page 61 ( this thing. I think it's cleaner and less political problem if they all consent or if the vast majority of them consent and you only have a couple people in the neighborhood that doesn't want to come in, because then we can force annex those few if you've chosen to, but generally, I don't think you need to be or want to be in the process of solving these problems by extending city services beyond the boundaries, because you'll never get them annexed then. I just don't see it ever happening unless you completely surrounded them and got them enclave. It's unfortunate for Mr. Luke and the next Mr. Luke that has a problem out there. But if you look at it from the standpoint of this subdivision did not already have a sewer line in place, then not only would they be looking at having it annexed, they'd have to figure out how to do an LID to put the lines in. Corrie: You're going to have that come up as enclaves very quickly (inaudible) city limits. They are hooked up and everything else. It's an unfortunate situation where people out there would have the problems that are coming up. They have to do what the citizens are having to pay the taxes for and getting the same services and they're not doing it. deWeerd: So I guess the neighbors have to decide. Smith: And Mr. Luke has a problem that - I don't think Central District Health is going to help him out with an on-site system. But I guess maybe that question needs to be asked for sure, too, to replace it unless it already has been replaced. I don't know. Anderson: I don't think we're going to resolve that issue tonight because it's a pretty big issue. It involves a lot of things, but maybe at a strategic planning, maybe would be the place to discuss it a little more. I'm not sure there's a clean, crisp answer. Smith: I did want Mr. Harmon to report to you as far as what the residents' attitudes are toward annexation, and he's done that. Corrie: I don't think that we're falling on deaf ears. We're caught between a Catch-22 here that we're learning some lessons from Boise. We just need to discuss it more, I think. Unfortunately, he doesn't have a lot of time. Anderson: You might add, if you compare mill levy rates, the City of Meridian has one of the lowest mill levy rates for taxing as any cities around here. Harmon: Mayor and City Council, Mr. Anderson, your point's well taken, and nobody's really complained when we looked at our tax rate. That really wasn't an issue. deWeerd: It's the hook-up? (r_m Meridian City Council Meeting. March 21, 2000 Page 62 ( . Harmon: Well, you made a comment about we're getting something for nothing. We're going to pay about $2,000 worth of fees per person to hook up to that sewer even if not annexed. We're going to pay a sewer fee based on a flat rate because like Gary says, we don't have water meters, so we're going to get a flat rate, supposedly for the sewer fee. So I'm paying the fee and I'm paying a sewer fee. I don't see that I'm getting something for nothing. deWeerd: We didn't say that. Anderson: If you look at the total cost of operating one of the plants being in the millions of dollars and look at what the city people are paying for it in addition to their taxes, they are paying a lot more than what you'd pay. Harmon: Like I said, the City taxes wouldn't go up that much, and nobody has a complaint about that. That would not be a big deal about that at all. Anderson: Plus there would be several other benefits: police protection. Harmon: Well, we talked about that, and a couple of the folks out in the area is with the Sheriffs Department, and we get real good service out there. (inaudible). There might be a couple other things that we were looking at for pros and cons. I did talk to, On Gary's suggestion, talk to Mike Reno with CDH, and he said that he would not issue Mr. Luke a permit to hook up to - to do a new septic system unless he received a letter from the City of Meridian saying that we will not annex you. So that may set a little bit of future tone or something like that. Corrie: We can't - Bird: We're not going to say that. Corrie: That's too open-ended. Harmon: I was looking for my notes to repeat that verbatim. I was flipping madly through that and I could not find it. That's the tone of what he said. I will not submit or let him put in a new septic system unless Meridian says, No, we will not annex. Then he said that he would go out and see if it would be appropriate to put in another septic system. Corrie: That's unusual. Nichols: Mr. Mayor, members of the Council, I think the letter could say that if it's the Council's wish that you're not inclined to extend City Water and sewer or sewer services to properties outside the City limits unless they are annexed. IF that's your policy and you say such, then CDH does with it what it will. But that has been your policy. (~.u, ~<. Meridian City Council Meeting March 211 2000 Page 63 (---,. deWeerd: To add to that, indicators are that the subdivision does not desire to annex into Meridian. Nichols: Councilwoman deWeerd, Mayor, members of the Council, that would be appropriate to include in there, and parenthetically, Mr. Harmon needs to be - at least you've got a poll taken by people in the subdivision. He needs to be congratulated for making that effort so that at least you know how the subdivision stands instead of guessing at it. Harmon: I did intend to attempt to make it as much from my point of view to them, open-minded as possible. Didn't come with a negative point of view. I attempted to make it as broad-based as possible. Corrie: As you did here. I appreciate that. Okay. deWeerd: Mr. Mayor, I think it would be to Mr. Luke's benefit if we asked that Gary write the letter explaining our policy and perhaps echoing what we've heard tonight that it is not the desire to annex into the City of Meridian and perhaps that can get something going for him and Central District Health. Corrie: Any comments on that from Council? Bird: Mr. Mayor, you know, I know Mr. Luke quite personally; I don't know why we're even bothering writing Central District Health. We've got a policy. Let them go out and make the decision. All they're trying to do is make - let us make their decision for them. It's not going to make one bit of difference for Mike at all. When the subdivision wants to come get annexed, they can come ask us to get annexed. Let Central District Health - we all know that CDH is probably not going to let any of the septic tanks when they start failing, and they're going to start failing. Like you said, they're 20 years old. They're - I don't know why we're even being involved with writing a letter to Central District Health. Anderson: The only thing that letter is going to do is force Central District Health to come back and tell him even sooner that they're not going to allow him to put a septic system in and that he needs to look at annexation. Bird: But how are you going to annex it? Where he lives is not up to another - Anderson: It's not up to him because he's not contiguous. Bird: He's not contiguous, so, you know, you're putting him out in the spot of saying, man, what am I going to do? Harmon: Mr. Mayor and City Council, I would like to address some of the words that I heard at Mike Reno at Central District Health. He sounded somewhat (~CU,~ Meridian City Council Meeting.. March 21, 2000 Page 64 ( amenable that he would allow him to hook up but only after receiving word that we would not be annexed. Sorry. That he would issue him a permit to put in a drain field, but only after hearing that we would be not be annexed. Bird: We can't guarantee that you won't be annexed. Harmon: I know that, but I thought I heard something different - in a tone - Bird: I mean, I just don't see where it's our point to write any kind of a letter to Central District Health. You're in the County. You don't want the city services except as you need them. So my personal opinion is why will we stick our necks out. Why do we say we're not going to annex you when six months from now 75 percent of the citizens in that deal comes in and say I want to be annexed. Well, you wrote a letter last month that you're not going to annex us, and we've let Mr. Luke already put a septic tank back in. Now he's going to have to hook up. I did - the Central District Health thing, I don't - I just don't see the City of Meridian has any business writing any letter. Harmon: That was the (inaudible) that Central District might not even allow a septic to go in and made the call. That was his - Bird: Let Central District stand the heat. Corrie: Okay. Then, (inaudible) take it back to them that that's not going to be the policy to hook anyone up at this point. C. Parks Department - Tom Kuntz 1. Bid results for Storey Park irrigation system: Corrie: Okay. Parks. Kuntz: Mayor and Council, two items that I need some direction on. The first I want to address is the bids on the sprinkling system at Storey Park. You should have in your packet a memo. To paraphrase that memo, on January 28th we received four bids for the irrigation system at Storey Park. I've listed the names and the companies and the amounts there. The budget amount for the project was $80,000. The reason that was so low was that we anticipated carrying over approximately $30,000 from last years' budget to build the pump station. Since the budget amount and the low bid amount are so far apart and we still have some unanswered questions in regard to the pump station and where that will be located, I'm requesting authorization to reject all the bids at this time with consideration given to requesting additional funding and re-bidding the project at a later date. Corrie: Comments from Council? Ii. r t. ('~-" .. Meridian City Council Meeting March 21 , 2000 Page 65 Anderson: Why was your estimate off so far? Kuntz: We were anticipating - last year we budgeted $30,000 to build a new pump station for the existing sprinkling system at Storey Park. We didn't move forward with that because there was an opportunity for us to take over Well No. 8 once it was abandoned. After about three or four weeks of research, we found out that Well No.8 only has a life expectancy of five more years. So we were not able to carry that money over from last year's budget to this year's budget because of some new accounting procedures that have been adopted by the City. So the $80,000 plus the $30,000 would have brought us to $110,000, but we lost that $30,000 from last year's budget. Anderson: Does this bid include a pumping station? Kuntz: Yes. Actually $10,000 of that low bid is for a block building with a metal roof that would resemble the Chamber building. Anderson: So why wouldn't you go ahead with the pumping station and the building and do the sprinkling system (inaudible). Kuntz: Well, I called Western Ada Recreation District about two weeks ago because I felt like if we're going to go to the extent of putting in new sprinkling systems in the park, and since that pool area is located right next to our park, that might be prudent to ask them if they wanted to consider in putting in a new sprinkling system around the pool that we could possibly maintain, thus, the grass around the pool being the same greenness around in the park. They indicated to me that they had some discussion with Nampa Meridian Irrigation District because the box they're pumping out of now which is on the south side of the pool which Meridian Speedway and Western Ada uses, is an illegal box. That in fact Nampa Meridian irrigation District, what's going to try to move all of us, the City, the Speedway and Western Ada into another box to pump out of. The box that we're using right now is going to have to be relocated once Franklin is widened to five lanes. So with that in mind, we met with Nampa Meridian, and they are suggesting that we - the three of us pump out of the new box that's located on the Hon property which is right across from the Chamber of Commerce, and that we pump out of that box in conjunction with the Hons. I've asked Gary Smith to become involved to make sure that we're not losing out on our ability to have an exclusive ump station instead of being in with the Hon Development. So there's some matters that need to be cleared up as far as where that pump house is actually going to be located before we move ahead. In addition to that, I plan on bringing a proposal to you to do some renovating at Storey Park in next year's budget, and this will include some re-routing of the sprinkling system. So to answer your question, Councilman Anderson, there's enough loose ends out there to where I'm not ready to move ahead with this project. (- Meridian City Council Meeting-- March 21 f 2000 Page 66 ( Anderson: One more question. If we built the pump house, it would be one a Nampa Meridian irrigation ditch? Just be pumping out of their ditch? (inaudible) Kuntz: No. It would be strictly irrigation water from Nampa Meridian. The benefit that we have to the current site is that when we don't have water in that ditch, we have a surface well across Franklin Road that we can dam up and we have access to water when there's no water in the irrigation ditch. We prefer not to lose that if at all possible. deWeerd: Mr. Mayor, I'd like to move that we reject all bids for the Storey Park Irrigation Project. Bird: I second that. Corrie: Motion made and seconded to reject all bids on the Storey Park Irrigation Project. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Kuntz: The second item I have - deWeerd: Excuse me for a moment. Just to kind of make the plug now that this $80,000 - we would like to carry forward. I know we can't carry forward, so whatever it is that we do with it, we would like it to show up in this year's budget and not be penalized. Just thought I'd throw that in. Corrie: Let's why we're working on the budget this year (inaudible). Anderson: Why couldn't' you take that $80,000 and reappropriate it for some other project among the - Parks Department had lots of projects on their list this year that didn't get funded, why couldn't you take that money and appropriate it to something like that and use it this year? Bird: (inaudible) how much was (inaudible) Generations Plaza. deWeerd: Generations (inaudible). Kuntz: Generations is funded. We could certainly put that money toward Chateau. deWeerd: If you like, we could tell you how to spend that. Anderson: I would prefer that you try to find another project. deWeerd: A Parks and Recreation ("'" Meridian City Council Meeting' March 21, 2000 Page 67 ...,.........F7 ( Anderson: -- in the same, approximate price range. Bird: If you want to give it to the Mayor (inaudible). Corrie: He needs to present it to the Council as a change. (inaudible discussion amongst Council members) 1. Renewal of farm lease with Ken Aschenbrenner: Kuntz: The last item I had, we're moving ahead with finalizing the master plan for the 56 acres, and these are just three options - *** End of Side 5 *** bring with just for visual purposes. But before that, a plan becomes finalized which we're hoping will be within the next 60 days, we need to do something with the 56 acres that's out there. We researched a couple of options. One of those being putting a turf farm out there and there just seems to be some obstacles that make that not the best option. So I've been contacted by Ken Aschenbrenner who farmed the land for us in 1998, and I would like to have authorization to renew that lease with Mr. Aschenbrenner, and I've got a copy of the old lease that was attached in your packets. There would be two changes to that lease. Those changes would be on Page 1 of the lease agreement under the terms of lease, Item No.2, and the change would be that the lease would be effective the 1st day of April of this year and would expire on the 30th of September of this year. The other change is that the lease amount would be $2,600 for wheat which would pay our water bill, irrigation taxes, which we'll have whether we'll farm it or not; and if he is able to plant beans, that lease amount would go up to $3,180. The bottom line is we've got irrigation taxes on that land whether we farm it or not, we have opportunity to put a crop on there, cover our irrigation taxes, keep the weeds down without any additional costs until the Council appropriates money to start building Phase I of the new community park. So I'm requesting authorization to renew that lease with Mr. Aschenbrenner through September of this year. deWeerd: Mr. Mayor, I move that we recommend renewing the lease with Ken Aschenbrenner for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion is made and seconded to have the Mayor to sign and the Clerk to attest to a lease agreement with Mr. Aschenbrenner as presented to City Council. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ( (~,. Meridian City Council Meeting March 21, 2000 Page 68 Item 18. Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: Adult Entertainment Ordinance relating to zoning schedule: Corrie: We have one other Item; Item D on the Consent Agenda which is 18 which is the adult entertainment. Okay. Mrs. deWeerd, what have you got for us? deWeerd: Well, just to reiterate what I said last meeting that I would like to see if this were permitted in the I-L zone only. Light Industrial. Bird: The only problem is that some of it's grandfathered according to the letter we received. Is that okay, Mr. Nichols, if we do that? Nichols: Councilman Bird, Mayor, members of the Council, yes, there are non- conforming use, apparently you have one business, as I understand it, in the Old Towne District that's a non-conforming use as long as they do not expand or change some material way that business, then it can stay in place even though it's not an allowed use within that zone for any new businesses. But if they try to expand, they're out. If they close up shop and go away and somebody else wants to come in there and operate the same business, they can't. As long as - I think to support the record, if Mr. Siddoway would say what I said earlier which is that there's sufficient available light industrial land available, then you have a basis upon which you can say we're zoning this in a particular (inaudible) and it's available. Siddoway: Mr. Mayor and members of the Council, there is sufficient light- industrial land currently available in the City that would allow these businesses to have a place to go. In addition, current movements in our changes to the Camp Plan are to make locations where those establishments currently exist to also go industrial. So that would be in compliance with that. deWeerd: So do I need a motion to recommend amending the Findings and ask you to draw up the appropriate changes? Nichols: Councilwoman deWeerd, Mayor, members of the Council, a motion from the Council that directs me to write the Ordinance to allow it as a conditional use in a light-industrial zone only is enough. Then I'll put it together. deWeerd: Mr. Mayor, I would like to move that we instruct the City Attorney to amend the Findings of Facts and Conclusions of Law for the adult entertainment Ordinance to allow this use under a Conditional Use Permit process in light- industrial zone only. Bird: I will second that. (/-u, _ Meridian City Council Meeting March 211 2000 Page 69 ( Corrie: Motion made and seconded to - the Ordinance - it's getting late - that was presented on tape. Any further discussion? Hearing none, all those in favor of the motion as stated say aye. MOTION CARRIED: ALL AYES Corrie: I believe that does it. If everybody will meet me in the morning at 6:30, I will be very happy to have you there. Siddoway: Mr. Mayor, before you do, I realize that I'm not on the department reports, but can I just give a brief one? First I would just like to bring up the Treasure Valley Futures Project that has been going on. Recently completed. If you attended the final presentation, you probably feel as I do that the process was better than the final presentation and products, but we have generated a lot of imputes to build on. I don't' want to lose that. The person in charge of that, Treasure Valley Futures Project, has agreed to do more. We are going to set up a meeting to talk about how to do that. The Mayor's Committee will obviously have a charge to take that on. We would actually like a chance to present the results of that process to the City Council in much the way we did with the ad hoc committees either at Pre-Council meeting or if you have a Strategic Planning Meeting where we could come, give a presentation to the Council; I don't know if you want to entertain a date yet tonight, but we could do it on Pre-Council on the 4th or we could just leave that open for now and find a way to discuss that. deWeerd: We could discuss it at our workshop next week. Corrie: (inaudible) by the time I got everybody's (inaudible) deWeerd: Steve, if you could suggest a couple of dates maybe or date alternatives for a Pre-Councilor a workshop so the Council - Siddoway: Do you have any special workshops planned currently? That's what I would go by. We could go the 4th which is the next regularly scheduled meeting or if you have a Strategic Planning Meeting or a special workshop planned, we could go with that as well. I need to coordinate this, of course, with the Treasure Valley Futures folks who have the presentation. We'll do that. Also just wanted to bring up the Comprehensive Plan process is under way. I'll spare you the details. I was going to go through some of the dates, but we won't go into that. It is moving along. The last thing I wanted to let you know about is Ordinances that are being worked on at Planning and Zoning for signage and landscaping and we hope that you'll see them soon. We intend to meet the deadline to get them to start hearing in May. We wanted to give you a heads-up on that and let you know that they are coming. That's all I have. Bird: Thanks, Steve. ('J_ Meridian City Council Meeting March 21, 2000 Page 70 Corrie: This is the recommendation from the Traffic Committee, recommendations to go to letter to ACHD (inaudible) problems with it or if you want to do something, you know - otherwise, I'll - after I talk to each one of you and have your approval, I'll go ahead and send the letter. I want you to see what they're requesting and then (inaudible) deWeerd: Mayor Corrie, just one thing on what Steve has said. He and Brad have done a wonderful job with Shari out on leave, and I really want them to know that they're very appreciated. Bird: Mr. Mayor, I move that we adjourn. deWeerd: Second. Corrie: Motion made and seconded to adjourn. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 12:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK /~-_..... ( Meridian City Council Meeting March 21,2000 Page 54 ( Corrie: Okay. Motion has been made and seconded to table the Ordinance for the request of annexation and zoning by Overland Mini Storage to April 4, 2000. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: (inaudible - tape change) '" of possible action I think will be handled the 28th if we have it set. I think on Item 17, if I'm correct? Right? 17. Department Reports: A. City Treasurer - Janice Smith 1. Treasurer's Report - Volunteer Firefighter Monthly Pay: Corrie: Department Reports, City Treasurer, we've already had the reports - Berg: Madame Treasurer gave me a memo to pass out to you that she wanted to have some action on if possible. It deals with the Fire Department and the volunteer firefighters' pay period. Chief Bowers has a few comments that he and Treasurer has worked out. Bowers: Mayor Corrie and City Council members, first off, I do want to thank you for participating in our open house and ribbon cutting on Saturday. I think it was a very well-deserved thing. It was a very important day for the City and rural residents and for the Fire Department. I appreciate you showing up and participating. First off, did everybody get a copy of that - what it is is the volunteer on-call personnel have approached us and asked if they would be able to get pay for their calls that they come on monthly now. In the past, of course, when we were going 1 00 - 200 calls a year, it didn't amount to much monthly, so they did want it to add up every six months. Also, this is kind of a two-fold request. Janice from the accounting department felt that this would work out much better for their department, also, to do all the checks at the same time each month and that the auditors, it would fit in with the auditors per year. It would fit in much better. As you can read here and see, the payroll for the volunteer on- call is about $7,000 a month. It varies, it goes up and down, just depends on how busy the month is. I also approached the Rural Commissioners on March 16, 2000 of this very same subject. They approved of the change if the City Council was in favor of it, but they did not want it to go into effect until June 1. That would be our next pay period that we start. They were in favor of waiting until June 1 and starting it. Are there any questions of myself or the Department? Bird: I had a question, Kenny. What does this - I mean, they all will be making enough per month that it'll - FICA and all the taxes and stuff will be taken care of, (~'~- Meridian City Council Meeting .. March 21,2000 Page 55 (' because if you don't - pay periods, if you don't make enough money, then all this stuff is not taken out, and I don't want to get ourselves in trouble that way. Bowers: Yes. They take out taxes and the - Bird: If you change it to a month and they only made one or two call outs, though, and I don't remember what it was, it used to be $100 or so on a pay - on a paycheck, then you wouldn't have any taxes or FICA taken out. These volunteers need to realize that that when they get to the end of the year and they've taken in $1000 over 12 months and hasn't had any taxes or FICA taken out and they get hit with it at that end, I can hear them coming back and screaming you didn't tell me. I'd have no problem with that. I think it's a great idea. I just want them to know up front that they - maybe Mr. Berg knows what the minimum is before you get taxes and stuff taken out, but I think that's something - as long as the firemen are aware of it. (inaudible discussion amongst Council members) Bowers: Mayor Corrie and City Council members, we do pay up to the May, the end of May and the end of November now at this time. Two times a year. Corrie: Okay. Any further discussion? Okay. I guess the question would be, the action would be, do you want to go monthly and the effective date. Anderson: Mr. Mayor, I think for us and City Council it really doesn't matter and Kenny (inaudible) really didn't create any additional problems on the bookkeeping of payroll if it would make things easier for the audit, I would make a motion that we approve this change and coincide it with the Rural District and when they want to start it, June 1st. Bird: I'll second it. Corrie: Motion is made that we pay the rural firemen on a monthly basis and become effective on June 1 t 2000. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES B. City Engineer - Gary Smith 1. Bio-solids Dewatering Project - Change Order No.1: Corrie: City Engineer, Gary Smith. Smith: Thank you, Mr. Mayor, Council members. I've got three items. Item No. 1 i~ the bio-solids dewatering project, change order NO.1. You should have a / ( (oo...~ - . . Meridian City Council Meeting March 21,2000 Page 56 memo in your packet that explains the need for this change order. This memo was put together by Brad Watson. It consists of three items. First item is an old ditch that we found out there at the site as we were excavating for the building that needed to be excavated, back-filled with some suitable material to support the facility. The cost for that extra work was $11 ,787.04. Second Item was the necessity for a disconnect switch for the flow meter to the centrifuge was found not to be needed. That was a reduction cost of $1 ,005.96. The third item has to due with the gas piping. It was changed from welded steel to plastic, and that resulted in a savings of $700. So the net change on this change order is an increase to the contracted amount of $10,081.08 along with an increase in contract time of 28 days. I would request your approval and authority for authorization for Mayor Corrie to sign Change Order No. 1 for the bio-solids dewatering project in that amount. Do you have any questions? Anderson: I have none. Bird: - Mr. Mayor, I move that we approve Change Order No. 1 with Turnkey Construction for the sum of $10,081.08 with an increase of 28 days on the back of the contract and for the Mayor to sig n. Anderson: Second. Corrie: Motion made and seconded to approve the Change Order No. 1 in the amount of $10,081.08, Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Tully Park Easement: Smith: Second item is an easement request for an easement by Nampa Meridian Irrigation District for access from Linder Road into the Tully Park pump station. This pump station supplies irrigation water from Five Mile Creek to Tully Park and also will supply pressure irrigation to the Turtle Creek Subdivision which is to the west of Tully Park. The deed has been transmitted to Nampa Meridian for the pump station and the operation and maintenance agreement has been previously acted on by Council and sent to them and this is the remaining need for their operation maintenance of that pump station is to provide an access easement. I can't tell you why that wasn't part of the original deed. I think it just got dropped out of the loop. Wasn't originally included. Corrie: Okay. Discussion? Bird: I have none. ( (~'- - Meridian City Council Meeting March 21,2000 Page 57 Corrie: Hearing none, I'll entertain a motion on the request for the Tully Park Easement. Bird: Mr. Mayor, I move that we approve the Tully Park Easement with Nampa Meridian Irrigation District and for the Mayor to sign and the Clerk to attest. deWeerd : Second. Corrie: Motion is made and seconded to approve, the Mayor to sign and the Clerk to attest, as presented by the City Public Works Director. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 3. Country Terrace Estates Sewer Connection Issue - Sid Harmon: Smith: Thank you, Mayor and Council. The last item I have concerns Country Terrace Estates Subdivision and the need or the request for a sewer connection out there to the City sewer. This goes back to initially the request was, I believe, in December of last year. I don't know if you recall it or not, but specifically Mike Luke lives in Country Terrace Subdivision and he called one day stating that he had problems with his septic tank drain field process. All of the - just a little history. All of the residents in Country Terrace are presently served by a community water system; they are in the county; they have City limits to most of the west side of them which is Running Brook Estates; to the south side of them which, again, is Running Brook; to the east of them is Meridian Greens. There's a portion of their west boundary that is county, still county. The property across Overland to the north of them is still county. The - as I mentioned, they're served for water by community well that's operated and maintained by a water system association. Each lot has an individual septic tank and drain field for disposal of sewage. As part of the construction of the subdivision, the developer installed sewer lines in the streets which are public rights-of-way. They were dry lines. When Running Brook Estates was constructed, I required the developer of Running Brook to extend the sewer line through their subdivision and connect to the sewer lines in Country Terrace because that's the way they flowed, that would be their only avenue for future connection assuming they had a problem. And when Mr. Luke called, was found that not only did he have a problem, but there were several lots in the subdivision that had experienced some degree of problem with their septic tank drain field process. At the time that Mr. Luke's request was presented to you, you instructed me to come back and talk to the residents of the subdivision concerning annexation. With other business that was pressing, I kind of dropped the ball on that; Mr. Luke's problem with his drain field seemed to dissipate and so he didn't press me. Consequently, nothing happened from my standpoint, to get information back to you. Recently, Mr. Luke called again and said his problem has surfaced, so to speak. So the ( \ ... Meridian City Council Meeting March 21 t 2000 Page 58 (""'" . question then was, well, I got back in my file and found that the question that you had posed to me was what's the attitude of the residents toward annexation? And in that regard, I contacted Mr. Luke who in turn contacted Mr. Sid Harmon. Sid is the President of the water users association. I'm not sure that's the right terminology, but they don't have a Homeowners Association, per se, but the water users' association kind 'of - is a focal point for operations within the subdivision. He did some legwork, some homework amongst the property owners in the subdivision concerning the annexation issue, and he has gathered some information in that regard and in regard of actually connecting to the sewer system that's in the public right-of-way. I guess with that background, I will turn the comments over to Sid and let him give you information that he's gathered on the attitudes of the residents in Country Terrace concerning annexation. Mr. Harmon. Harmon: Mr. Mayor, members of the Council, my name is Sid Harmon. I live at 1635 Country Terrace Estates in Meridian, Idaho. Like Gary said, there's a resurface of a problem in Mike Luke's front yard. He had an engineer from Master Rooter come out and pronounce his drain field dead on arrival. His front yard is too small to physically fit a new drain field in. His back yard overlooks Running Brook Estates, and is therefore, on a slight bluff, and he may not even have enough room to put a drain field and septic tank in his back yard. Knowing that we kind of expected for quite some time that eventually our little subdivision will be annexed, Mike Luke is somewhat reluctant into trying to put in a $5,000, $6,000 system only to have Meridian annex us a year or two or three years from now because that would be about what it would cost to hook up to City sewer and water when annexed. Mike has a problem. On the other hand, our subdivision's been well served by a well for almost 20 years. My next door neighbor's a single gentleman that works for Van Waters and Rogers, it's a ground water contamination specialist. He tested the water and promptly bought his house because it's some of the best water around that he's ever seen. We enjoy the well. I'm not the president of the Homeowners Association, but the president of a corporation to support the collection of funds to support our well. When the 28 residents, we have 28 homes out there, and I was able to contact 26 residents, and that was after a considerable amount of time and effort that Gary had put into explaining several different things to us. We got together with a couple members of our subdivision, vice president, director, and we had our meeting and put together some information, tried to send it out to folks to get their feelings on the impacts that would be to them, pros and cons on annexation. Out of the 26 homeowners that I did ask, 11 percent favored annexation and 89 percent did not favor annexation. It's just strictly on you annex me, I would have to hook up to City water and sewer. Financial was probably a main point, however, everybody likes the good water. You go over and visit somebody in Meridian Greens, and you say, man, your water tastes bad. And vice versa when they come over to us, they say, man, your water tastes good. That's kind of the position of the residents out there. It looks like about 11 percent for and 89 percent against; however, Mike Luke still has a problem. That's kind of where we ( Meridian City Council Meeting March 21,2000 Page 59 (.C'.......c..._ # l stand. Are there any questions that you'd like to ask me or are there any other options anywhere between full annexation and Mike Luke, you've really got a problem. Corrie: Sounds like 80 percent of them knows he's got a problem but they don't care. I mean, they don't care that he's got the problem. They do care, but they want to keep their own until they have a problem. Harmon: We have had two other people who have a problem. One of them tried to put a pond at the end of his drain field and couldn't figure out why his pond wouldn't work right. Another owner never had a septic before and never pumped it and his failed and had to put in a new tank and drain field system. We realize that septic systems will fail and sooner or later we will be annexed. That's why we're down here looking to see what other options there might be. Gary did point out that right now all the lines in the streets belong to us. We're responsible for the maintenance of them. If Mike Luke were to hook onto City sewer and we were not annexed, we would be responsible for any flushing, caring and maintenance of the lines. Basically, nobody had a problem with that because tomorrow it could be them. Bird: Mr. Mayor, is it the well that most of the residents - they don't want to lose their water, their well and - is that their real concern? Harmon: I would say that mostly the concern would be financial, but everybody in the same breath would say I really like the water out here. Those folks have lived in there most of them long enough to really appreciate the difference. I've been out there 1 0 years now. Anderson: Gary, what's the option on water? Could they hook up to sewer and keep their water for awhile until such time they start having problems with the well and then go to City water? Smith: Councilman Anderson, Mayor and Council, I'm not prepared to address that from a DEQ standpoint if that would be a DEQ issue. Right now, they're a county subdivision with their own water system, and they're operating under requirements that DEQ would have over a private water system. I don't know if that would be affected by an inclusion into the City of Meridian as one option. The other option would be to allow them to connect without connecting to the City water system as a county subdivision. The only way we could handle that would be to - as far as billing goes, just to bill them a flat fee each month based on the average water use in the City. So it wouldn't be based on a meter of water used because they don't have meters. Anderson: But for them to hook up to the sewer, you'd charge them a double hook-up fee, a double assessment? ('U>U . (~".- .. , Meridian City Council Meeting March 21, 2000 Page 60 Smith: No, sir. That was removed from our Ordinance. It would be just a straight connection fee. But what I mentioned to Sid, and I think I mentioned before, perhaps not, but Central District Health has taken the attitude because they have jurisdiction over septic tanks and drain fields that if a city sewer is available to a property, even if the property's not in the City, they won't allow that property to replace their on-site system. They'll require them to connect to the City. I talked to Mayor Corrie about that yesterday. I'm not sure of the legalities of all of that, but they've done that to us before. Not done it to us, they've done it to the landowners that were outside the city limits in front of which a sewer line exists. They'd required them to connect to the sewer; would not let them replace their system. So that could very possibly be Mike Luke's situation as far as Central District is concerned. I don't know whether Bill Nichols has any- Corrie: Would this be everybody in that subdivision hook into our sewer line or just the one Of whenever they come in with a problem? Smith: As a county resident, it would just be as they experienced a problem. If somehow the subdivision was annexed, then our Ordinance requires a connection. That could be varied, I suspect. I guess the whole Ordinance is susceptible to variances, but by Ordinance, they would have to connect within 15 days of notice. I mentioned before we haven't gone out and actively solicited customers because we got lots of them. We do have some folks in the city that are adjacent to sewer lines that are not connected. Anderson: Why would you even want to be annexed into the City if you could hook to our sewer and use the facilities that the rest of the tax payers are footing the bill for? Smith: That's the question, yes, sir. And we used to have a little bit of a penalty for hooking into the sewer and water system, but that penalty's not there any longer. Anderson: You're never going to be able to annex one house at a time because it's got to be contiguous. So you have to have either the subdivision goes or they don't go. When you look at all the trouble Boise's been having with extending sewef and water services outside their area, I guess I'm not leaning toward us doing that either. deWeerd: Mr. Mayor, is it something we can do that, you know, when it goes above 1 0 percent wanting to hook up that the whole subdivision would have to them be annexed and required to hook up or it's either all or nothing? Corrie: Are you directing that to Mr. Nichols? Nichols: Councilwoman deWeerd, Mayor and Council, it is likely even though this subdivision is more than five acres that you could annex it because the /.:r-.. ..... ( ( Meridian City Council Meeting March 21,2000 Page 61 subdivision is contiguous since it's part of a larger parcel which was split up into less than five-acre lots. But the force annexation issue is what's caused these problems as far as annexation or statutes at the legislature. If you - in the policy as I understand that the City has had is to only annex upon consent where people come to you and asked to be annexed because they're goin,g to receive something in turn: city services, zoning considerations that they can't get from the county. I don't think you can come up with an agreement that enough people in the subdivision would sign, kind of a (inaudible) agreement that would cover this thing. I think it's cleaner and less political problem if they all consent or if the vast majority of them consent and you only have a couple people in the neighborhood that doesn't want to come in, because then we can force annex those few if you've chosen to, but generally, I don't think you need to be or want to be in the process of solving these problems by extending city services beyond the boundaries, because you'll never get them annexed then. I just don't see it ever happening unless you completely surrounded them and got them enclave. It's unfortunate for Mr. Luke and the next Mr. Luke that has a problem out there. But if you look at it from the standpoint of this subdivision did not already have a sewer line in place, then not only would they be looking at having it annexed, they'd have to figure out how to do an LID to put the lines in. Corrie: You're going to have that come up as enclaves very quickly (inaudible) city limits. They are hooked up and everything else. It's an unfortunate situation where people out there would have the problems that are coming up. They have to do what the citizens are having to pay the taxes for and getting the same services and they're not doing it. deWeerd: So I guess the neighbors have to decide. Smith: And Mr. Luke has a problem that - I don't think Central District Health is going to help him out with an on-site system. But I guess maybe that question needs to be asked for sure, too, to replace it unless it already has been replaced. I don't know. Anderson: I don't think we're going to resolve that issue tonight because it's a pretty big issue. It involves a lot of things, but maybe at a strategic planning, maybe would be the place to discuss it a little more. I'm not sure there's a clean, crisp answer. Smith: I did want Mr. Harmon to report to you as far as what the residents' attitudes are toward annexation, and he's done that. Corrie: I don't think that we're falling on deaf ears. We're caught between a Catch-22 here that we're learning some lessons from Boise. We just need to discuss it more, I think. Unfortunately, he doesn't have a lot of time. ('-' ('~"- '. Meridian City Council Meeting March 21, 2000 Page 62 Anderson: You might add, if you compare mill levy rates, the City of Meridian has one of the lowest mill levy rates for taxing as any cities around here. Harmon: Mayor and City Council, Mr. Anderson, your point's well taken, and nobody's really complained when we looked at our tax rate. That really wasn't an issue. deWeerd: It's the hook-up? Harmon: Well, you made a comment about we're getting something for nothing. We're going to pay about $2,000 worth of fees per person to hook up to that sewer even if not annexed. We're going to pay a sewer fee based on a flat rate because like Gary says, we don't have water meters, so we're going to get a flat rate, supposedly for the sewer fee. So I'm paying the fee and I'm paying a sewer fee. I don't see that I'm getting something for nothing. deWeerd: We didn't say that. Anderson: If you look at the total cost of operating one of the plants being in the millions of dollars and look at what the city people are paying for it in addition to their taxes, they are paying a lot more than what you'd pay. Harmon: Like I said, the City taxes wouldn't go up that much, and nobody has a complaint about that. That would not be a big deal about that at all. Anderson: Plus there would be several other benefits: police protection. Harmon: Well, we talked about that, and a couple of the folks out in the area is with the Sheriff's Department, and we get real good service out there. (inaudible). There might be a couple other things that we were looking at for pros and cons. I did talk to, On Gary's suggestion, talk to Mike Reno with CDH, and he said that he would not issue Mr. Luke a permit to hook up to - to do a new septic system unless he received a letter from the City of Meridian saying that we will not annex you. So that may set a little bit of future tone or something like that. · Corrie: We can't - Bird: We're not going to say that. Corrie: That's too open-ended. Harmon: I was looking for my notes to repeat that verbatim. I was flipping madly through that and I could not find it. That's the tone of what he said. I will not submit or let him put in a new septic system unless Meridian says, No, we will not (~~-' , Meridian City Council Meeting . March 21 , 2000 Page 63 ( annex. Then he said that he would go out and see if it would be appropriate to put in another septic system. Corrie: That's unusual. Nichols: Mr. Mayor, members of the Council, I think the letter could say that if it's the Council's wish that you're not inclined to extend City Water and sewer or sewer services to properties outside the City limits unless they are annexed. IF that's your policy and you say such, then CDH does with it what it will. But that has been your policy. deWeerd: To add to that, indicators are that the subdivision does not desire to annex into Meridian. Nichols: Councilwoman deWeerd, Mayor, members of the Council, that would be appropriate to include in there, and parenthetically, Mr. Harmon needs to be - at least you've got a poll taken by people in the subdivision. He needs to be congratulated for making that effort so that at least you know how the subdivision stands instead of guessing at it. Harmon: I did intend to attempt to make it as much from my point of view to them, open-minded as possible. Didn't come with a negative point of view. I attempted to make it as broad-based as possible. Corrie: As.you did here. I appreciate that. Okay. deWeerd: Mr. Mayor, I think it would be to Mr. Luke's benefit if we asked that Gary write the letter explaining our policy and perhaps echoing what we've heard tonight that it is not the desire to annex into the City of Meridian and perhaps that can get something going for him and Central District Health. Corrie: Any comments on that from Council? Bird: Mr. Mayor, you know, I know Mr. Luke quite personally; I don't know why we're even bothering writing Central District Health. We've got a policy. Let them go out and make the decision. All they're trying to do is make - let us make their decision for them. It's not going to make one bit of difference for Mike at all. When the subdivision wants to come get annexed, they can come ask us to get annexed. Let Central District Health - we all know that CDH is probably not going to let any of the septic tanks when they start failing, and they're going to start failing. Like you said, they're 20 years old. They're - I don't know why we're even being involved with writing a letter to Central District Health. Anderson: The only thing that letter is going to do is force Central District Health to come back and tell him even sooner that they're not going to allow him to put a septic system in and that he needs to look at annexation. /~---.-- f Meridian City Council Meeting' March 21 t 2000 Page 64 /. .- \~ Bird: But how are you going to annex it? Where he lives is not up to another- Anderson: It's not up to him because he's not contiguous. Bird: He's not contiguous, so, you know, you're putting him out in the spot of saying, man, what am I going to do? Harmon: Mr. Mayor and City Council, I would like to address some of the words that I heard at Mike Reno at Central District Health. He sounded somewhat amenable that he would allow him to hook up but only after receiving word that we would not be annexed. Sorry. That he would issue him a permit to put in a drain field, but only after hearing that we would be not be annexed. Bird: We can't guarantee that you won't be annexed. Harmon: I know that. but I thought I heard something different - in a tone - Bird: I mean, I just don't see where it's our point to write any kind of a letter to Central District Health. You're in the County. You don't want the city services except as you need them. So my personal opinion is why will we stick our necks out. Why do we say we're not going to annex you when six months from now 75 percent of the citizens in that deal comes in and say I want to be annexed. Well, you wrote a letter last month that you're not going to annex us, and we've let Mr. Luke already put a septic tank back in. Now he's going to have to hook up. I did - the Central District Health thing, I don't - I just don't see the City of Meridian has any business writing any letter. Harmon: That was the (inaudible) that Central District might not even allow a septic to go in and made the call. That was his - Bird: Let Central District stand the heat. Corrie: Okay. Then, (inaudible) take it back to them that that's not going to be the policy to hook anyone up at this point. c. Parks Department - Tom Kuntz 1. Bid results for Storey Park irrigation system: Corrie: Okay. Parks. Kuntz: Mayor and Council, two items that I need some direction on. The first I want to address is the bids on the sprinkling system at Storey Park. You should have in your packet a memo. To paraphrase that memo, on January 28th we received four bids for the irrigation system at Storey Park. I've listed the names (-:-. (r---_ Meridian City Council Meeting March 21, 2000 Page 65 and the companies and the amounts there. The budget amount for the project was $80,000. The reason that was so low was that we anticipated carrying over approximately $30,000 from last years' budget to build the pump station. Since the budget amount and the low bid amount are so far apart and we still have some unanswered questions in regard to the pump station and where that will be located, I'm requesting authorization to reject all the bids at this time with consideration given to requesting additional funding and re-bidding the project at a later date. Corrie: Comments from Council? Anderson: Why was your estimate off so far? Kuntz: We were anticipating - last year we budgeted $30,000 to build a new pump station for the existing sprinkling system at Storey Park. We didn't move forward with that because there was an opportunity for us to take over Well NO.8 once it was abandoned. After about three or four weeks of research, we found out that Well NO.8 only has a life expectancy of five more years. So we were not able to carry that money over from last year's budget to this year's budget because of some new accounting procedures that have been adopted by the City. So the $80,000 plus the $30,000 would have brought us to $110,000, but we lost that $30,000 from last year's budget. Anderson: Does this bid include a pumping station? Kuntz: Yes. Actually $10,000 of that low bid is for a block building with a metal roof that would resemble the Chamber building. Anderson: So why wouldn't you go ahead with the pumping station and the building and do the sprinkling system (inaudible). Kuntz: Well, I called Western Ada Recreation District about two weeks ago because I felt like if we're going to go to the extent of putting in new sprinkling systems in the park, and since that pool area is located right next to our park, that might be prudent to ask them if they wanted to consider in putting in a new sprinkling system around the pool that we could possibly maintain, thus, the grass around the pool being the same greenness around in the park. They indicated to me that they had some discussion with Nampa Meridian Irrigation District because the box they're pumping out of now which is on the south side of the pool which Meridian Speedway and Western Ada uses, is an illegal box. That in fact Nampa Meridian irrigation District, what's going to try to move all of us, the City, the Speedway and Western Ada into another box to pump out of. The box that we're using right now is going to have to be relocated once Franklin is widened to five lanes. So with that in mind, we met with Nampa Meridian, and they are suggesting that we - the three of us pump out of the new box that's located on the Hon property which is right across from the Chamber of Commerce, and that we pump out of that box in conjunction with the Hans. I've (r~-. (~. .~~ ~.- f. Meridian City Council Meeting March 21 , 2000 Page 66 asked Gary Smith to become involved to make sure that we're not losing out on our ability to have an exclusive ump station instead of being in with the Hon Development. So there's some matters that need to be cleared up as far as where that pump house is actually going to be located before we move ahead. In addition to that, I plan on bringing a proposal to you to do some renovating at Storey Park in next year's budget, and this will include some re-routing of the sprinkling system. So to answer your question, Councilman Anderson, there's enough loose ends out there to where I'm not ready to move ahead with this project. Anderson: One more question. If we built the pump house, it would be one a Nampa Meridian irrigation ditch? Just be pumping out of their ditch? (inaudible) Kuntz: No. It would be strictly irrigation water from Nampa Meridian. The benefit that we have to the current site is that when we don't have water in that ditch, we have a surface well across Franklin Road that we can dam up and we have access to water when there's no water in the irrigation ditch. We prefer not to lose that if at all possible. deWeerd: Mr. Mayor, I'd like to move that we reject all bids for the Storey Park Irrigation Project. Bird: I second that. Corrie: Motion made and seconded to reject all bids on the Storey Park Irrigation Project. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Kuntz: The second item I have - deWeerd: Excuse me for a moment. Just to kind of make the plug now that this $80,000 - we would like to carry forward. I know we can't carry forward, so whatever it is that we do with it, we would like it to show up in this year's budget and not be penalized. Just thought I'd throw that in. Corrie: Let's why we're working on the budget this year (inaudible). Anderson: Why couldn't' you take that $80,000 and reappropriate it for some other project among the - Parks Department had lots of projects on their list this year that didn't get funded, why couldn't you take that money and appropriate it to something like that and use it this year? Bird: (inaudible) how much was (inaudible) Generations Plaza. (~'-U_ (...,-~..... . . Meridian City Council Meeting March 21,2000 Page 67 deWeerd: Generations (inaudible). Kuntz: Generations is funded. We could certainly put that money toward Chateau. deWeerd: If you like, we could tell you how to spend that. Anderson: I would prefer that you try to find another project. deWeerd: A Parks and Recreation Anderson: -- in the same, approximate price range. Bird: If you want to give it to the Mayor (inaudible). Corrie: He needs to present it to the Council as a change. (inaudible discussion amongst Council members) 1. Renewal of farm lease with Ken Aschenbrenner: Kuntz: The last item I had, we're moving ahead with finalizing the master plan for the 56 acres, and these are just three options - *** End of Side 5 *** bring with just for visual purposes. But before that, a plan becomes finalized which we're hoping will be within the next 60 days, we need to do something with the 56 acres that's out there. We researched a couple of options. One of those being putting a turf farm out there and there just seems to be some obstacles that make that not the best option. So I've been contacted by Ken Aschenbrenner who farmed the land for us in 1998, and I would like to have authorization to renew that lease with Mr. Aschenbrenner, and I've got a copy of the old lease that was attached in your packets. There would be two changes to that lease. Those changes would be on Page 1 of the lease agreement under the terms of lease, Item No.2, and the change would be that the lease would be effective the 1st day of April of this year and would expire on the 30th of September of this year. The other change is that the lease amount would be $2,600 for wheat which would pay our water bill, irrigation taxes, which we'll have whether we'll farm it or not; and if he is able to plant beans, that lease amount would go up to $3, 180. The bottom line is we've got irrigation taxes on that land whether we farm it or not, we have opportunity to put a crop on there, cover our irrigation taxes, keep the weeds down without any additional costs until the Council appropriates money to start building Phase I of the new community park. So I'm requesting authorization to renew that lease with Mr. Aschenbrenner through September of this year. (- (_0__ Meridian City Council Meeting March 21 , 2000 Page 68 deWeerd: Mr. Mayor, I move that we recommend renewing the lease with Ken Aschenbrenner for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion is made and seconded to have the Mayor to sign and the Clerk to attest to a lease agreement with Mr. Aschenbrenner as presented to City Council. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 18. Tabled from March 7, 2000: Findings of Fact and Conclusions of Law: Adult Entertainment Ordinance relating to zoning schedule: Corrie: We have one other Item; Item D on the Consent Agenda which is 18 which is the adult entertainment. Okay. Mrs. deWeerd, what have you got for us? deWeerd: Well, just to reiterate what I said last meeting that I would like to see if this were permitted in the I-L zone only. Light Industrial. Bird: The only problem is that some of it's grandfathered according to the letter we received. Is that okay, Mr. Nichols, if we do that? Nichols: Councilman Bird, Mayor, members of the Council, yes, there are non- conforming use, apparently you have one business, as I understand it, in the Old Towne District that's a non-conforming use as long as they do not expand or change some material way that business, then it can stay in place even though it's not an allowed use within that zone for any new businesses. But if they try to expand, they're out. If they close up shop and go away and somebody else wants to come in there and operate the same business, they can't. As long as - I think to support the record, if Mr. Siddoway would say what I said earlier which is that there's sufficient available light industrial land available, then you have a basis upon which you can say we're zoning this in a particular (inaudible) and it's available. Siddoway: Mr. Mayor and members of the Council, there is sufficient light- industrial land currently available in the City that would allow these businesses to have a place to go. In addition, current movements in our changes to the Camp Plan are to make locations where those establishments currently exist to also go industrial. So that would be in compliance with that. deWeerd: So do I need a motion to recommend amending the Findings and ask you to draw up the appropriate changes? ,r.-...'.... ( Meridian City Council Meeting . March 21,2000 Page 69 ( Nichols: Councilwoman deWeerd, Mayor, members of the Council, a motion from the Council that directs me to write the Ordinance to allow it as a conditional use in a light-industrial zone only is enough. Then I'll put it together. deWeerd: Mr. Mayor, I would like to move that we instruct the City Attorney to amend the Findings of Facts and Conclusions of Law for the adult entertainment Ordinance to allow this use under a Conditional Use Permit process in light- industrial zone only. Bird: I will second that. Corrie: Motion made and seconded to - the Ordinance - it's getting late - that was presented on tape. Any further discussion? Hearing none, all those in favor of the motion as stated say aye. MOTION CARRIED: ALL AYES Corrie: I believe that does it. If everybody will meet me in the morning at 6:30, I will be very happy to have you there. Siddoway: Mr. Mayor, before you do, I realize that I'm not on the department reports, but can I just give a brief one? First I would just like to bring up the Treasure Valley Futures Project that has been going on. Recently completed. If you attended the final presentation, you probably feel as I do that the process was better than the final presentation and products, but we have generated a lot of imputes to build on. I don't' want to lose that. The person in charge of that, Treasure Valley Futures Project, has agreed to do more. We are going to set up a meeting to talk about how to do that. The Mayor's Committee will obviously have a charge to take that on. We would actually like a chance to present the results of that process to the City Council in much the way we did with the ad hoc committees either at Pre-Council meeting or if you have a Strategic Planning Meeting where we could come, give a presentation to the Council; I don't know if you want to entertain a date yet tonight, but we could do it on Pre-Council on the 4th or we could just leave that open for now and find a way to discuss that. deWeerd: We could discuss it at our workshop next week. Corrie: (inaudible) by the time I got everybody's (inaudible) deWeerd: Steve, if you could suggest a couple of dates maybe or date alternatives for a Pre-Councilor a workshop so the Council- Siddoway: Do you have any special workshops planned currently? That's what I would go by. We could go the 4th which is the next regularly scheduled meeting or if you have a Strategic Planning Meeting or a special workshop planned, we could go with that as well. I need to coordinate this, of course, with the Treasure /.:-..-.. : ( Meridian City Council Meeting . March 21, 2000 Page 70 (--- Valley Futures folks who have the presentation. We'll do that. Also just wanted to bring up the Comprehensive Plan process is under way. I'll spare you the details. I was going to go through some of the dates, but we won't go into that. It is moving along. The last thing I wanted to let you know about is Ordinances that are being worked on at Planning and Zoning for signage and landscaping and we hope that you'll see them soon. We intend to meet the deadline to get them to start hearing in May. We wanted to give you a heads-up on that and let you know that they are coming. That's alii have. Bird: Thanks, Steve. Corrie: This is the recommendation from the Traffic Committee, recommendations to go to letter to ACHD (inaudible) problems with it or if you want to do something, you know - otherwise, I'll - after I talk to each one of you and have your approval, I'll go ahead and send the letter. I want you to see what they're requesting and then (inaudible) deWeerd: Mayor Corrie, just one thing on what Steve has said. He and Brad have done a wonderful job with Shari out on leave, and I really want them to know that they're very appreciated. Bird: Mr. Mayor, I move that we adjourn. deWeerd: Second. Corrie: Motion made and seconded to adjourn. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 12:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~dd- i~ I}/)-o( - /J-eSi~ (?;h; ~J, ATTEST: ('. Meridian City Cou ncil Meeting March 21 J 2000 Page 71 \\'\, \ n Iff 111111 \)\\ . 'f ..f~ II11 ~,\.\ -.. 0 mcfil'. 1//". ", ~" <..t7A /'i ~ C}, ap~ AI ~1;z., ~ ~ . ~vo'r'.. -~~~ ~ ~ ~.' 0 ~ .. ....... E ~ :: SP AL = 3 -Cij'l. - ;. 1i'G; &_ ... Q ~Q5 0 ::: % "C_ liar 1~. ~ ~ ~ ~;: . C\tt- " ,1"'1 . c..'oU'''rrV \v ",,,,, I'~;I. N ~ I · \\\\' J/1iH;'!j ~d:~\\\ (" ( ( BEFORE THE CITY COUNCIL OF THE CITY OF IN THE MATTER OF THE REQUEST FOR PRELIMINARYIFINAL PLAT FOR RECORDS EAST SUBDIVISION FOR THREE COMMERCIAL LOTS ON 23.6 ACRES, BY DEVELOPERS DIVERSIFIED 03-13-00 ) ) ) ) ) ) ) ) ) ) Case No. PIFP-OO-OOl FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT The above e11titled matter coming on regularly for public hearing before the City Council on March 7, 2000, and Brad Hawldns-Clarl(, Assistant Planner for the Planning and Zoning Department, appeared and testified at the heari11g, and appearing on behalf of the Applicant was: Larry Durlcin, who appeared at the hearing and testified, and the City Council having received a report from Shari Stiles, the Pla11ning and Zoning Adlninistrator, and the City COU11Cil having received as part of the record of this matter the recomlnendation to City Council of the Planni11g a11d Zoning Commission and the applicant having submitted the Plat Drawing as attached hereto as Exhibit "An consisting of one page, submitted for preliminary/final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAI(OTA COMPANY (PFP-OO-OOI) - I ( ( plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council mal(es 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 Decelnber 21, 1993, and the property is presently zoned C-C CommU11ity Business District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7 -2 I. ] 2. The preliminary plat is in conforlnance with the COlnprehensive Plan City of Meridian adopted Decelnber 21, 1993, Ordinance No. 629. 3 . It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the reqllirelnents and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed developlnent is a continuity of the proposed developlne11t within the City's Capital Ilnprovement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engi11eer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAI(OTA COMPANY (PFP-OO-OOl) - 2 tl ( ( are met 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 Recolnmendation to City Council of the Planning and Zoning Comluission is reasol1able and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridia11 City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact whicl1 are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Final Plat of the applicant as evidenced by UPlat Drawing as attached hereto as Exhibit "A" consisting of one page, submitted for prelilninary/final plat ". 2. The conditions of Staff comments as set forth in the Memorandum to the Mayor al1d City Council from Bruce Frecl<leton, Assistant to City Engineer, a11d Shari Stiles, Planning and Zoning Administrator, dated February 4, 2000, listing 5 Ge11eral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAI(OTA COMPANY (PFP-OO-OOI) - 3 I~.. ( ( Comments, 4 Preliminary Plat Comments, and 9 final Plat Comments, a true and correct copy of which is attached hereto marl(ed Exhibit liB" and by this reference incorporated herein, with the additional requirements as follows, to-wit: 2.1 Fire Chief, I(enny Bowers, requires that all codes and water supplies need to be met. All testing and inspections will need to be d011e before moving in. 2.2 The Central District Health Department requires after writte11 approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problel11; and that it was suggested that the storffiwater be pretreated through a grassy swale prior to discharge to the subsurface to preve11t impact to groundwater and surface water quality; that engineers al1d 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 guida11ce: 2.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2.3.2 Stormwater Best Management Practices Guidebool(. Prepared by City of Boise Public Works Departlnent, January 1997. 2.4 The Nampa & Meridian Irrigation District requires all laterals and waste ways be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with I.C. 31-3805. 2.5 The Ada County Highway District's letter, attached as Exhibit "e", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT.. RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAI(OTA COMPANY (PFP-OO..OO I) - 4 ( ( dated February 16, 2000, pertains to the conditions of the Ada County Highway District. 3. The final plat upon which there is contained the Certification and signature of the City Clerl( and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the 2/5Pday of /11 Mv/t- , 2000. By: RO ERT D. CORRIE Mayor, City of Meridian msgjZ:\ W ork\M\Meridian 153 60M\ Woodbridge Communi ty\Pre&FinaIPlatFfCls Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and City Attorney. \,\\,\UUHI1I111 A'\\~~ OF MEft~;:"lf/ ,-,.. ~, t'V.I J-,': /) /6 o~~ -~~~ ~.~~/~{)(} f ~ ~ \ ~ ~ SEAL : Y(L &' ff ~ ~ .-C}~..t- "Q5 0 ::: ~/ (:\, ~\~:rr 1S~ ' ~ ~ // '/ ~ ~ /~/ Ch h. ~ to ,.....' ///" 'JUf'i ~ 'l, \", '!'/~ -. ",\\\ If.. j ~" [ ~: ~"i t 1 . , \ Dated: By. City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RECORDS EAST SUBDIVISION / BY DEVELOPERS DIVERSIFIED REALTY CORP, C/O DAlCOTA COMPANY (PFP-OO-OOI) - 5 ~ am ~ C/J6 S;:0 ~ t{ ~ C45 ~ ~N W . ~,,20 U ~~l.L-I ~ r"Zo<C c.5 OV...lw>-Q zo ~ I}- ECI ~ i=-r:Ow< Qc U.-QwQ .l-~lL. 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LO s: ~~V3S .:JO StSYB OYOM' I1::JY3 1f Ex!; I 6/ 1- 111 'I w" ;~ i~ -< x~ ;!~ ~~ ~i ii ~!Il ~.. a~ ~~II t::g; ",in a: ~ ~~~~ ~~Q'7 ~~~a1 ~~5Cl ~~ ~S ~< ~ ~ 1 [ o U'1z Q <.... o~ a:_ '" VI 111..... c:: C::c (..lee :J ~ 1 t ~ 1 -:. '?1 ,. -J'l.'" ,., iui r. (- -, - 1\"1 :lyor ROBERT D. CORRIE HUB OF TREliSURE VALLEY A Good PI ace to Li ve RECEIVED .FE 8 t] 4 2000 CJll!.nci I ylemher~ CHl\RLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO wlERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 ,: I1~ "'1." ;.) i } 1 e r1 di aD. r:: i ty {~1 eo:!.;;: ::) ffi c"', ~ 8 - I'lL MEMO RAND UM: February 4, 2000 F ra m: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator~~ !/ .::/ .RECEIVED t..~ Q U~ ;. 7000 r 1_ u -.!.. To: Mayor, City Council, Planning & Zoning (~l!Y of ~1eridiaIl. (~ i t ~.:r {~1 i? i:- k 0 ffl C 2. Re: Request for Preliminary/Final Plat Approval for Records East Subdivision By Developers Diversified Realty Corp., c/o Dakota Company, Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL CONlMENTS 1.. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches crossing this project. 2.. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide 5' wide pedestrian walkways in accordance with City Ordinance. 4. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering. Make any corrections necessary_to conform. 5. Please be prepared to respond at the February 8th scheduled meeting of the Meridian Planning and Zoning Commission. PRELTh1INARY PLAT €ONtMENTS . ; i · 1. Sanitary sewer and water service to this site shall: be via main extensions from the existing mains installed as part of the Family CenteF project. PFP-OO-OO I 13 XI1 i~bl'.f /'13 i ~ / 0; / ~ Records East Sub~PFP~doc ( ( Mayor, Council and P&Z February 4,2000 Page 2 . 2. An additional lot will need to be designated to accommodate the N arnpa & Meridian Irrigation Districts pump station. Nampa & Meridian requires that their facilities are located on property that is under their comroL ~ The preliminary plat map indicates that a portion of an existing subdivision, ;;'Terrace Lawns Memorial Gardens Subdivision,'~ encroaches into the boundaries of this development. Ada County records do not show evidence of any previous subdivision of this land, and the entire area occupied by Terrace Lawns Memorial Gardens is still section land. Applicant needs to show appropriate surrounding land use; if evidence is submitted that a subdivision does exist, Applicant will be required to vacate any existing easements of record and secure the appropriate lot line adjustments. FINAL PLAT CO:rvfN1ENTS 1. Revise Note 1 to read, "This subdivision is subject to all requirements of the approved Conditional Use Permit and all requirements of the Development Agreement recorded as Instrument No. " 2. Please add the following final plat notes: (2) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian, or as allowed by conditional use. (3) Any re-subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re-subdivision, or as allowed by conditional use. (4) The developer and/or owner shall comply with Idaho Code Section 31-3805 or its provisions that may apply to irrigation rights. (5) A stormwater drainage and r.etention easement is hereby dedicated as shown hereon for the benefit of the Ada County Highway District. Landscaping over said easement shall be maintained by the owners ~. No buildings, fencing&ees, or shrubDhall be placed within said easement. (6) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereot: unless such responsibility is assumed by an irrigation! drainage district. (7) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation. 3. Please submit three copies of the final plat second page to the Public Works Department for review. Execute the Certificate of Owners and its accompanying Acknowledgement, and the Certificate of Professional Land Surveyor. 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" Records Enst SubPFP_doc PFP-OO-OOl /" {' ~~ \J (v d' ;i~ PFP-OO-OOI ( Mayor, Council and P&Z February 4,2000 Page 3 ( fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5. Designate the bearings and distances along the lines of the easements shown on the final plat. 6. The preliminary plat indicates that within the boundaries of this subdivisio~ there is a portion of 'Terrace Lawns Memorial Gardens Subdivision." If this is the case, the situate statement on the face of the plat, as well as the statement in the Certificate of Owners would need to state that there is a "Re-Subdivisio~" and the Owners would be a party to the plat. (See Item 4 under Pr~liminary Plat Comments) 7. Identify the drainage easement shown on the plat as being in favor of the Ada County Highway District. 8. Graphically depict the landscape setbacks on the plat as shown on the approved conditional use permit. This property has not yet been properly rezoned or annexed into the City of Meridian. Final action by the City Council cannot take place until tms has been accomplished. Ikl cuJ ~ Records East Sub.PFP.doc February 08, 2000 (' (' - C 0 1\/1 PAN Y tiN C ~ Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 20 1 Meridian., Idaho 83642 RE: Meridian Crossroads Shopping Center Project - Phase II Expansion Records East PreliminarylFinal Subdivision Plat Application StafTReport, February 04, 2000 - Response Dear Shari: I would like to offer the following clarification to the questions and comments raised in th~ staff report for the above referenced preliminary/final subdivision plat application- The numbered items below correspond to the numbered items in the staff report. GENERAL COMMENTS: Items #1, #2, & #3 - Are acceptable Item #4 - Attached is a copy of the approval letters from the Ada County Engineer and the Street Name Committee accepting the name of the subdivision and the street names. PRELIMINARY PLAT COMMENTS: Item #1 - Item #2 - Is acceptable Attached are two letters from the Nampa Meridian Irrigation District indicating they have no interest or ownership in the irrigation pump station servicing the Meridian Crossroads Shopping Center or the irrigation ditch down stream of the pump station. Developers Diversified Realty has no intention of giving ownership of the pump station to the District, therefore a separate lot is not necessary. The pump station will provide irrigation water to all . PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD~ SUITE 100 ( c Ms. Shari Stiles February 08, 2000 page 2/2 phases of the development. I believe this satisfies the condition and a separate lot is not required. Item #3 - Is not provided. Item #4 - The Preliminary Plat is correct and the Terrace Lawn Memorial Gardens Subdivision does overlap into the Records East Subdivision. Attached is a copy of the Terrace Lawn Memorial Gardens Subdivision plat which was recorded in 1969. Also attached is an E-Mail from Mr. John Priester, Ada County Engineer stating he has reviewed the situation and the overlapping does not cause any problem and he will accept the replat. I believe this adequately answers this question FINAL PLAT COMMENTS: Items #1, #2, #3, #4, & #5 - Are acceptable. Item #6 - See explanation above Preliminary Plat Comments Item #4 and attachments. I believe this comment is answered and a Re-Subdivision is an acc~ptable method and agreeable to Mr. Priester. Items #7, #8 & #9 - are acceptable. Please review. Should you have any additional questions or comments please feel free to give me a call. Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. attachments cc: Mr. Bruce Freckleton - City Of Meridian w/attachments ~~_. - .... .. DEC-22-1999 ......... " . (" '" - ". ( . ," t_o-JdBLE ENG I NEER I 1'13 .'. ( ~ < + ~ ....:A ~ :~ "~ . .J. _I """" ";";-: -,,~ .... + . . "-; ~ ~.~ ...~" ~ . .~ '.; 318 0329 p ; Bl~/0l'''-: 17: 14 ENGINEERING PLANNING ZONING PHONE: (208) 364-2271 ' FAX: (208) 364-2406 BUILDING ADA COUNTY DEVELOPMENT SERVICES 650 MAIN STREET. BOISE. IDAHO 83702. December 20, 1999 Patrick Scheffler P L S Hubble Engineering Inc 9550 Bethel Ct Boise 10 83709 RE: Subdivision Name Reservation - RECORDS EAST SUBDIVISION Dear Patrick: At your reqllest I will reserve the name "RECORDS EAST SUBOlVISION-c for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. John E. Priester, P.E.L.S. County Engineer jPljp f 5 :, Phone' fax - Fax. FEB-08-2000 12:02 { .. 'BLE ENG I NEER I NG 208 378 0329 P.03/03 ( SUBDIVISION EVALUATION SHEET Proposed Development Name Records East Subdivision File # Preliminary Stage XX Final Date Reviewed 1/11/00 .. Engineer/Developer' Hubble Engineerina The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followina streets are existing and the names shall aDoesr on the olat: iN.. EAGLE RD." UN. RECORDS AVE." -N. VENTURE STREET- and "W. FAIRVIEW AVE_" There are no new street names DroDosed for this develODment as -veNTURE. ~lians to the north~ The above street name comments have been read and approved by the following agency representatives- of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must . be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE , E RESENT ATIVES OR DESIGNEES Ada County Engineer Date CJ Community Planning Assoc. Sue Hans Date '/I(/~ I · City of Meridian Cheryl Sable Date 1-/3-00 Meridian Fire District Representative Date / - / '-/-00 · NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of Signing the "final plat', otherwise the plat will not be signed 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS TR\SUSS\SM.... CJ1Y .FRM TnTOI 0 Ut< !:.:~,o . ~ ~ ~ .: ~~~ . ~~~r. : \- 4 .. ~ .~:~ : ~_i-o:.o~o . ~ O~I~t :~~. .~~: . I \.~ ~:~,+ ~.l -... ..:........ .~o~ ~o ., . :i~.; :.. , ~J~t:.:,:. , ~':;:ifl S: i~l~.~. ~"..-. +. .0 "' ) ~ APR-23-1993 10: 49 (:000 Post~ l-ax No 0,- To 208 342 ~92 p.01/03 ( \2..c..v () 4! I J 199 q t::I Phone * Phone, ~ 4-"2- 00 Fa. .. -'3 4-- 't -0 <> 9 >"~~ !~:~;.;~~~ -14, 1999 "-:" "" ::~"~':~ ~~- :~~~ie Sweet " "',- ~"COnsulting. Inc. 405.8."&Jl Street~ Suite 295 " Boise.." ID 8370.2 ~~..:;;~"~" :..::~~"~~~....,.. . .f~:O:(,""""~"_~'''. ..- .' _'. . .. .. .. 11IIII .. . ~ 1503 fiRST STReET SCOTH NAMP A, IDAHO 83651 AA395 f; 23(1,9 FAX # 208.463-0092 Phooes: Area Code 208 a=FICE: Nompa 4166-786 1 sHop: Norrpo 466-0663 The Nampa & Meridian. hrigation District has reviewed the above-mentioned project. The proposed piping of the Clove:rdale Lateral ~ to be adequate and sized properly for t.hi. function.. The location ofthc propoaed private p1.UI;1ping station was originaIly located ;rn".,,.rflDt_ly upstream of the ~a Crossroads pressure irrigation system and at our request waa relocated downstream from the District'a sy~m which also meets the District's requirements. I don't feel any further review is necessary by the Nampa 6; Meridian Irrigation District for this project nor do we have :any further requirements of the devc:1opera as they are maint.Amn,g their own pce.saure~. Therefore, W'e will not comment on how thia system ia proposed to be ioatal1ed. · Please feel free to contact me if yo~ feel further discussion is required. I. c 0-,... ~ --I .I . ~ ~~ -+/Z.I \) I s ~ f)r c.. \ (.... ,1I-n 6) A--11'-Sr' ,. c:"'- ~ { 000 P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ~ ^""'-1' ~ 0:- ~ J\.-vvl..' JPA.:d1n O Vi.!- ~ ~ 0 ;> ? ,'-.0 ".. P~7 t?~ ~ P 'S-, ;~.'T~...___ () K-- T!::' {) 0 v- U-""t\- ( -...v 1t..-7)' Cc: File Each Director Secretmy- Treasurer Asst. Secretary-Treasurer En gj'n~..r - John Sharp City of Meridian - Gmy Smith "T1-- t3 ~ (1. "2. 19~ 1. e.. ~Sst!L~ 4{'2--31" APPRQ:tJMATE IR~^aLE ACFfS RIVER Flo\V RIGHTS. 23pOCO eolse PROJt(T RIGHTS 40.000 f - 'k ." "- V ...",' ~ ..... ~ .. ...., ~ { t. r.~ & ~c _' T, .~J~5e("L - UP v' 5~-cz.."..., If- -- ::r:: ~ t ~. 1503 FIRST STREET SOUTH NAMP~ IO~ 83651.4.395 FAX # 208~3.()()92 ~ 26/1999 Steve Sw~ PE Quadrant Consulting, Inc. 405 S. fP I Ste. 295 Boise, 10 83702 Re: Family Center at Merfdlan Dear Steve: This letter is to folJow lJp your letter dated 22 April 1999 in regard to the Family Center at MerIdian, In your letter you reference the a~dale Lateral which was plped bebN the Olstrlct's pressure urban irrigation System known as Crossroads. The Nampa a. Meridian Irrigation DistrIct claims no jurisdJctlon or authorly past thls point The respOnsibility eX the pipeline lies with the people who own, operate and maintaIn that ~ below that point. Therefore, the Nampa & Meridian Irrigation District has no comment in regard to where any utility companies pface thelr facilities over any pipes that are not owned, operated and maintained by the Olstrict. Phones: Areo Cod.. 208 OffJCE: Nompa 466.. 7861 $HC)p: Nc,rnpa .466-0563 Please feel free to contact me it~ feel discussion Is requited. Sincerely. I? John P. Anderson, Water Superintendent NAMPA &. MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: Dlredor Secretary- Treasurer Asst Water Superintendent Rlngert Oark Chartered - Bryce Fallis Phone # Phone # Fax # L.~ APPROXIMA IE lRRK3A1l! ACRES ttNER FtoN RJGHTS · 23,000 BOISE PROJlCT RIGHTS · .<<1,000 o '" ~ ~ ~ 6') ~.. ltJ~ QtQ ct~ ~ct ~~ Ct) ~ ~ ~ ~ \(j ~ ~ i ~ t, ~ ~ ~ ~ ~ <: l...a ~ ~ h: ~ ~ ~ 0 ~ ~:t Cl .... ~ (J (jC) ~, 1 ~I ~ ~ llJ ~ '" ~~ lLJ:J ~:t a ~ ~ (j Cc ~ u.. q S :i;oC) ~ ~~<(~ ""~ ~ ~ ~ ~a\ at Q ~ lei ~ lu IU~ Uu.. <(0 It~ tt~ lq~ t-- ~ II ~ < <: ~ II '" ~ ;!i ~ :0. le ;- .. I ~ ~ t.. ~. i... 'f ~ ~ ~ ~ ~I~ ~.~ ~f ~ t~ ~ i: :; ~ ~ .. . ;..;.. i.. I I~ ....., ~ J"" i ~..... -=- ~ ~ ~ ~ · ~'~ ~ i~ ; ~ F ~ ~ t ~ ~ ~II:; ~ ~ ~ ~ ~ ~ ~ f: ... :~ ": i. ... ('\ ~ '..~ :~ " E- ~ f:: i; r: ., ... t ~ E ~ -: ";1";: ::.... 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'~ m \Q ~ ~ " " ~ ~ ~ FEB-08-2000 12:01 (: .~.BBLE ENG I NEER I NG j 208 378 0329 P.02/\13 Patrick Scheffler From: Sent: To: Cc: Subject: John Priester Oohnp@ac1.co.ada.id.us] Tuesday, February 08,2000 11:07 AM 'Sheny Stiles. 'Partick Scheffler Records East Subdivision Sherry: I was asked by Patrick Scheffler of Hubble Engineering to review the Terrace Lawn Memorial Gardens Plat and let him know if I saw any problem with replatting part of the west end. I do not see anything on the plat that would cause any problem for the new plat where the overlap does not include any burial spaces. As long as the developer can show ownership interest I will accept the replat. 1 WCllJ i6trict Judy Peavey-Oerr, President Dave Bivens, Vice President Marlyss Meyer, Secretary Sherry R. Huber, Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387 -6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us February 1-6, 2000 RECE~I F E 8 2 2 2000 CITY OF lVIERIDIAl TO: Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 1 00 Boise, 10 83706 FROM: Steve Arnold, Principal Development Analyst Planning, & Development SUBJECT: Preliminary Plat: Records East Subdivision Southeast Corner Records Drive & Fairview Avenue On February 9, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If DubHe street imorovements are reauired: Prior to any construction within the existing or proposed public right-af-way, th~ following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professionaJ Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority toqether with the payment of fee charged for the manufacturing and installation of all street signs. C.xh tD,'-f /~ Ir ( (.~.. ... . . 2 4. If Public Right-af-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and aJl other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of th~ material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. .Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development ehron/Fife Planning & Development Services-City of Meridian Construction Services - John Edney Drainage- Chuck Rinaldi Brent Claiborn Hubble Engineering, Inc. 9550 Bethel Court Boise, 10 83709 ADA COUNTY RECORDER ,J. O/l.V!D NAVARRO Fl01SEt tOAHO Rf )ROED" REOUE '.'r OF ~Ed'J 100023730 MERJDIAN erN DEPU 2uao fiR 3 0 P 11 J: 2 6 CITY OF MERIDIAN &6/' ORDINANCE NO. l/. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C-C);AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.01 feet; thence along said section line SOllth 8902211011 East, 708.49 feet; thence leaving said section line South 00037128" West, 47.09 feet to a point on the South right-af-way line of Fairview Ave. (US Highway 30); thence leaving said South right-aE-way line South 14059'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 f: \. (- thence South 00048' 14" West, 554.06 feet; thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048' 14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C-C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of tIle City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land desclibed in Section 1 dated the 2 (~day of h1M~ , -l-999 2000.. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk. of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordillance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 ( . a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63-2215 and s50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21 sP day of 1Jltv1-C/~ ,~20oo. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2t 5f day of ~w , ~2ooo.. ANNEXATION AND ZONING ORDINANCE - 3 ( (--. STATE OF IDAHO,) ss. County of Ada. ~11 ' / fA 2000 ~'- On this ~ day of f1!\LA/LLJ/v , ~ before me, the undersigned, a Notary Public in and for 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 instrume11t, and acknowledged to me that the City of Meridian executed the saIne. IN WITNES S WHERE 0 F, I have hereunto set my hand and affIXed my official seal the day and year first above written. (SEAL) ...... .- tJ-. .. ~,~=.--...9'-::1... .~~OT~',~.. . r't- 't,' ~ .):.... , . . ~, \ 1& .~I ~** \N- :00: ~ :>: a \ ' . . \ : - - \ . ,- ~ " br~. C' e ..~~~~~!~~~c;.. .. <C./Z OFIP~. -.....-. NO PUBLIC FOR IDAHO RESIDING AT: ~cU~ I D MY COMMISSION EXPIRES: q-lh-6D ey\Z:\ Work\M\Merid ian 15360M\Developers Djversified\AZ~ ORD ANNEXATION AND ZONING ORDINANCE - 4 ("e_ , f\fJA CfJUNTY RECORDER J. ~~VJg Nt\VtRRO c . v C f~~~.., I D I~ \ i 0 Y) , 2U3a HR 30 P~t I: 26 RECOf(~U-'oO" REOVES T OF FE DEPU 100023731 MEFUDiAN CITY CITY OF MERIDIAN ORDINANCE NO. $b ~ AN ORDINANCE FINDING THAT THE OWNER 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 I-L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICT) AS DEFINED UNDER 811-2-408B(9) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DJRECTING 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 I-L (Light Industrial) District to C-C (Community Business District as defIned under 811-2-4088(9) of the Municipal Code of the City of Meridian; and 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: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. IE., B.1\I., Ada County, Idaho, Dlore particularly described as DEVELOPERS DIVERSIFIED REALTY CORP/DAKOT A COMPANY (C-C) RE-ZONE ORDINANCE - 1 ( ('''.. .. follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89022'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048' 14" West, 49. 74 feet to a point on the southerly right-or-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0048'14" West, 831.11 feet to a point; Thence North 89035'32" West, 596.18 feet to a point; Thence North 0025'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), !Dore or less. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (C-C) Community Business District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land fj. described in Section 1 dated the 21 ~ day of mtl/l cI.- , 49992000 p DEVELOPERS DIVERSIFIED REALTY CORP/DAKOT A COMPANY (C-C) RE-ZONE ORDINANCE - 2 \i/ ( (~~"~' SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ~r PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2( '9 day of ~d,- , 19992ooD~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2t $'j? day of /11 O/L~ , -1.999Zoo0~ ATTEST: STATE OF IDAHO,) SEAL ~ 0J ~ cs:' ~ ,,~ Q/ " '\ 0 ~ ~ '.0 ~ VST 1S~ 11 ~ $ ....,.. " 'l ^ ~ " /,r c.'o ~ " ~II " UN.'~'l t ,\' , · J I .. \ \ \' Jllii!;", '~lri\\\\ S8. County of Ada. /} ~~r V\t\ rl4 r I ^ 1000 On thistr-tw day of I' \'uv\.,{,N '-' , ~, before me, the undersigned, a Notary Public in and for said 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 DEVELOPERS DIVERSIFIED REALTY CORP/DAKOT A COMPANY (C-C) RE-ZONE ORDINANCE - 3 (~- ( -- acknowledged to me that the City of Meridian executed the sam.e. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year frrst above written. ....... · tJ -., ......~1 ~:._-~O +. .....- ~~ ~ ... .. +- · y,J> 0 T ..., . :cn{ "* * * \~: RESIDING AT: (Y\l1Ao -L,-.. -:. \ ) : MY COMMISSION EXPIRES: q~Zb-{){) - \ , At .. \P~-""''''' ._ C,'O.. MSG\Z:\Work\M\Mt.. -.... - lopers Diversified \ RZ 0 rd in ance . .. 0 .. -....".",. (SEAL) DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C-C) RE-ZONE ORDINANCE - 4 lUnG fiR 30 PH 1: 26 RECORr~~-1. REQUEST OF FEE (/). DEPUTY , (or~s 100023732 MERIDIAN CITY ( }\DA COUNTY RECORDER J. DAVIa NAVAR,RO BtHSEt tDl~HO CITY OF MERIDIAN ORDINANCE NO. 56 3 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is COlltiguous alld adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Sectioll 17, Townsllip 3 North, Range I East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 ill the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marldng the quarter corner common to Sections 16 alld 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00022'58" West 1,326.59' to the Northeast COTller of the Southeast qllarter of the Northeast quarter of said Section 17; tllence ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 1 (-- -- \. North 8905 8 '3 0" West 3 91.41' to the Northeast corner of said Lot 2, said point being the real POiIlt of beginning; thence South 00007'50n East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corller of said Lot 2; thence South 89037'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83021'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83011'15" West 405.26 feet along the centerline of Magic View Dlive and Southerly boundalY of said Lot 3 to the Southwest corner of said Lot 3; thence North 00003 '08 " West 5 2 6.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89058'3011 East 781.08 feet along the Northerly boulldalY of said Lots 2 and 3 to tIle point of beginning. SECTION 2: That the above-described real property be, and the same is hereby annexed alld made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance alll1exed to tIle City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area lllaps as well as the official zoning maps, comprehensive plan alld all official maps depicting tlle boulldalies of the City of Meridian in accordance ~th this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordillance is subject to the terms and conditions of that certain Development Agreeluent by alld between tIle City of ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 2 j- ( ( Meridian and the owner of the land described in Section 1 dated the 2/51 day of IntfftcL , 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict 11erewith are 11ereby repealed, rescinded and anllulled. SECTION 7: This ordinance shall be in full force and effect froln aI1d after its passage, approval and publication, according to law. SECTION 8: The Clerl<~ of the City of Meridian shall, within ten (10) days following tIle effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsIuan Inanner plainly and clearly desigI1ating the boundaries of the City of Meridia11, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file Silllultalleollsly a certified copy of this ordinance and map with the State Tax COlllilussion of the State of Idaho, all in cOlupliance with Idaho Code S63-2215 and 850-223. ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 3 (~~_u u ( ~~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2/ ~ day of 111M~iL, , 2000. . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21J'dayof 1J1~&1v , 2000. STATE OF IDAHO,) ss. \\\\\'1111111/1/ \\ \' C Me:- I111 ,'\.\.....1 Or t::.F{/;'\. 1.1// ", ~ '" <J.;~ ~ ~'c} RPO/iA ~ 'l ~ 001"'~ ~ ~ ~ ()~. E ~ ~ SEilL ~ 'Y~ O'_ .... Q ,,~ 0 ~ ~ ;to. US; 151\ · ~ ~ ~""I'/ "~l C"ru. ~ ~ t::(- ,~.$" //1)11 "-'uNti' · \\\\,.... III;UOI ntH\\' COU11ty of Ada. On this 11 day of ~ck ,2000, before Ine, the undersigt1ed, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE a11d WILLIAM G. BERG, JR., known to me to be the Mayor al1d City ClerIc of the CITY of Meridia11, Idaho, a11d who executed the within instrulnent, and aclG10wledged to 111e t11at the City of Meridian executed the saIne. IN WITNESS WHEREOF, I have hereu11to set Iny ha11d a11d affixed 111Y official seal the day and year first above written. .....-- .. 13. lJ e. .. ~....-_:'_-...9' ... .~~OTA ~', Ct :4:;,/ ~ - ~-A \ .. .~' \ . -00: * ~ ~ \NIiI : ~ ~ Pf" :>: . \ J 0 o \ , 0 -. ~""A._. C;'~' .$ . .11~~~~....~~O.4 ..;.(t" OF lD ~o.. -.....all. (SEAL) msg\Z:\Work\M\Meridian 15360M\Magic View\AZIORD PUBLIC FOR IDAHO RESI NG AT: ~VLD MY COMMISSION EXPIRES:2f~{pOO ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 4 ( ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, a11d The State Tax COlnlnissio11 of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl<-, of the City of Meridia11, Ada COU11ty, State of Idaho, do hereby certify that the attached copy of Ordi11ance No. BG3 passed by the City Council of the City of Meridian, on the 2! ~? day of fVttvtdy 2000, is a true and correct copy of the original of said docUlnent which is in the care, custody and control of the City CierI, of the City of Meridian. SEAL - ~ ~ ~ ;. ~ Qu "Q; 0 ~ ~ (),) :S.,. ls1 . ~.$ ~/.AI _, ~ ,$" /....~\ CQUNTu \'Q \\,~ rll ~ 1.. \\' Illillla Hlt'\\\" STATE OF IDAHO, ss. COll11ty of Ada, On this 1-1 day of jY\ffiA.ulr'v ,i11 the year 2000, before Ine, L.,l, tlry. , a Notary Public, appeared WILLIAM G. ERG, JR., l<.nown or ide11tified to l11e to be the City Clerl<- of the City of Meridian, Idaho that executed the said i11strulne11t, and aclG10wledged to Ine that he executed the same on behalf of the City of Meridian. ........ .~"B fJ.. ..~ ~......-:.--...9 .. .i,..y,,~ 0 T A ^...." .. 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I I I I I I I I t t I r I I I ,.. ~ ~ ,. ,,~ w II II n II , ~ J J I J I I f I I , ~ I I r · I I : r- - -......---.... ~ I I : -----...... ....I ,."", ..,.. , · =~~...----- I ",."""" _t...---... .......,- -+--...... ....... I t ~ t I I I I ~ , I r J I I I I r I \ I , , I I I I / J I / ,. ...,J ? -' ....J 5: j~\~\:\~i-~-----~--------[:~~~~~~~::~~~:::-~~-~~~~~~=~ \ \ ~. ------~ ~~\ \~\- --- - - -- -- -------------------- -- ---~----~_,', ~~~~~::~----I-. ---;7 \, \ \, \ '~'"~',,, \\ \\ '\ " " " E' " \\,:::\\ \\::\\ 1;/; j/ \\:\ \\ \,\, ;//] i \ \, \, \ h;;/ / ! \,\ \,\, ,/ // \\ ~ \ ~~ J / \ '\ '\ '\ ~-;.-;... ,/,/ \\ '.\ ~ " \\ \ \ \ \ \ \ \ \ \ \, \ '\ \ \ \ \ \ -;:\ \~ \\\ \ \ \ II \\ \ w IX CJ ~oo 1 HR 2 I PM 1: 29 /-'\ECORpED - REa.~EST OF ( ,~EHiOlAi'! ell. ~. ~~~ ~l~- ~,. -' .~ D.-EP:U~~~{~- . ~~~-,.,. -,01025147 ,\Df}, COUNTY RECORDER J. Dl\V~D Nl\VARRO f: G ; S E"., ! n t~H 0 CITY OF MERIDIAN ORDINANCE NO. ();"-'1 /3 AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE OPAL C. FARRINGTON TRUST WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: . A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record i11 the office of the Ada County Recorder in Book 4 of Plats, at page 158, and ANNEXATION AND ZONING ORDINANCE (AZ-OO-012) - 1 a portion of Pine Avenue, and a portion of Adkins Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from which the southwest comer of said Northeast 1/4 bears South 89007'04" West 2647.61 feet; thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being the centerline of Pine Avenue, South 89007'04" West 674.38 feet to the intersection of Pine Avenue and Adl<ins Street, being the POINT OF BEGINNING; thence continuing "along said southerly boundary and centerline, South 89007'04" West 334.68 feet; thence leaving said southerly boundary and centerline, North 00002'59" East 25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue monurnenting the southwesterly comer of said Lot 5; thence along the westerly boundary of said Lot 5 , North 00002' 59" East 654.13 feet to the northwest comer of said Lot 5; thence leaving said westerly boundary and along the northerly boundary of said · Lot 5 North 89021'51" East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5; thence continuing North 8 9021 '51" East 20.00 feet to the centerline of said Adldns Street; thence along said centerline South 00002'01" West 677.69 feet to the POINT OF BEGINNING, comprising 5.210 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. ANNEXATION AND ZONING ORDINANCE (AZ-OO-012) - 2 ( SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Findings of Fact and Conclusions of Law and Decision and Order Granting Application For Annexation and Zoning, Case No. AZ-OO-012, and that the uses are to be developed under the Mixed Planned Use Developmet;lt process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of tNs ordinance, dilly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of ANNEXATION AND ZONING ORDINANCE (AZ-OO-012) - 3 the City of Mendian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code ~63-2215 and ~50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Lbf1:.day of /J1M-eIL, ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~'ft- day of fl1 aAL~ ,2000. ... MAYO R ~ial1'tlftl,j Of ~#, ~ l . \ , SEAL-E STATE OF IDAHO,) ~.~,/; I : 58. County of Ada. ' ) - . - _ . \'\\,~~~ /J ~ .,......t\ On this Wt~day o( , 2000, before me, the undersigned, a Notary Public in and for said- State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the May<?r 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. flled-cro. A ~ ~ ! cU nO lIJ~.(r..~ : IN WI~~~Rl?~i> I have hereunto set my hand and affixed my official seal the day and year first above VVI'JJ1tep. \\ ~ : : \ (I :~\ . ~t ~~ )~E (SEAL) ~~~Jt. ~ I/::!:JO ~ . ',~-( .l~~ ~ ,1/'.;$ t\~ ',~--" '...1".1 O,"'~G>.. .q. P"-~"'---;a ~. 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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 Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. t'J/~q /3 passed by the City Council of the City of Meridian, on the 2[;J~ day of m 2000, is a true and correct copy of the original of said document which is in the care, custody and control of t~s,\Q~)1t~!~;I( of the City of Meridian. ",-'$,,;'~ ,,~ fV!J:"~ ~ l.t~ ~v~ Vi =~ .h ~ ~ C>:\4 ~ .~~ $' V" ~ JjdP · h ~ ;f lSi .. <'6 .,y ~ :' i.' SEAL \ '.~, ....i>~ '1ILLIAM G. BERG, JR. \ ?o~:r 191 · R~;:' ~. ~. ~~ ~q ...;f.t:...... . , ~ '> STATE OF IDAHO, ~~'~,,;~, ~,,>>~,.t.1~~\'~ 58. County of Ada, day ofr~~ ,i11 the year 2000, before me, I ' , a Notary Public, appeared I WILLIAM G. BER ,J 0' known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. e.....$ ... ~ tJ ,..."../'. . 4t. ~'~:"_--'~'-::1 ~. ~Q~~ 0 T~;:1~()() o'g};/ -'~o :r~: +~~ ~~: 1I'4~1 Ytl b~ ~ '~m . \ : a " \ I $ o \ , 0 o 'JJ,~ · C' III . .p~"~ U1J!..;~ ,"~;' 0 <'1 <$() il~---'" 0.0 Q~.c.u oPlP .. 4tOtlmma-G (SEAL) Nota P ic r Idaho Commission Expires: t/J--- 2.-b --06 msg\Z:\ W ork\M\Meridian 15360M\Farrington Opal AZ\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 12 ( REeoe .. REQUEST Or 2llilO MR 30 PH 1 ~ 26 (Ottf 100023733 MERiDiAN CITY ADA COUNTY RECOROER . J. DAVID NAVARRO H01Stt ~Oi~HO FEE DEPUTY CITY OF MERIDIAN ORDINANCE NO. &64- AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described lalld is COlltiguous alld adjacent to the City of Meridiall, Idaho, alld tl1at tIle City of Meridiall l1as received a vvrittell request for all11exation to tIle City of Meridiall, Idallo, by tIle OWller of said Property to-wit: BOB GLENN USTICI( PROPERTY A parcel of land being a portion of the SE 1/4 of the SE 1/4 of Section 31, T.4N., R.IE., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-OO-001) - 1 COMMENCING at a brass cap marldng the Southeast corner of said Section 31; thence along the south line of said Section 31; South 89058'42" West 760.15 feet to the POINT OF BEGINNING; thence continuing South 89058'4211 West 564.56 feet to an iron pin marl<ing the Southwest corner on said SE 1/4 of the SE 1/4; thence along the West line of said SE 1/4 of the SE 1/4 ' North 00022'35" East 614.01 feet to a point; thence leaving said West line North 89058'4211 East 567.64 feet to a point; thence South Ooo09'12H West 416.15 feet to a point; thence South 08026'2211 West 42.72 feet to a point; thence South 00005'58" East 155.59 feet to the POINT OF BEGINNING. Said parcel contains 7.99 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Melidian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is 11ereby directed to alter all use alld area lllaps as well as the official zoning maps, cOlnprehensive plan and all official maps depicting tIle boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordillances, resolutions, orders or parts thereof i11 conflict herewitll ANNEXATION AND ZONING ORDINANCE (AZ-OO-001) - 2 ( ( are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from alld after its passage, approval and publication, according to law. SECTION 7: The ClerIc of the City of Meridian shall, 'Within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridiall, including the lands herein annexed, 'With the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax COlTIlnission of tIle State of Idaho, all in compliance with Idaho Code s63-2215 and ~50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2(' S-?day of /11Mc1v ,2000. APPROVEP BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z/5P day of ft/lttAa1J , 2000. .. ArrEST: \\\\,'\11""~/1/ \.\\.'F M 1111/ ",,\ ~~ 0 EIiV/'//// ~ c} . .~ 'l .t 00r\po~ h ~ ~~ f ~ <6 % E ~ .r SEAL - :; ~ ~- ~ ~ Q/.t- q,C ~ ~ <::>~.~ -a-, 181 . '\ ...p $ .-:.- ~I ~ '-. " ....~;/.-:) CbUNT'( {Vtt-....""~ 1'1 Ii. \\~ IllflH',Un\\\\\ ANNEXATION AND ZONING ORDINANCE (AZ-OO-001) - 3 ( ( STATE OF IDAHO,) : ss. County of Ada. ) On this J{ s:r day of (Y\~&tv ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lalown to Ine to be the Mayor and City ClerIc of the CITY of Meridian, Idaho, and who executed the within instnllnent, a11d acl<I10wIedged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Iny official seal the day and year first above 'Written. (SEAL) tI"...... .. -c fJ-. .. ~....~~--....9 +. .. ~........ 0 T A h', .. .~, ~ -~ ,.~, . .~.' ~ ~\ e :tr:l * * * \N~ . 00. I~ ID a ' ,~~ o \ I a e \ I 8 · <p\.' .hr_. C / 111111 ...1i~~~~""""~O.~ ..._ OFlP~..() "eta..- NOT t Y PUBLIC FOR IDAHO RESIDING AT: l dCLho MY COMMISSION EXPlRES:C1"Zh,oo MSG\Z:\Work\M\rvleridian 15360M\Glenn Ustick\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ-OO-001) - 4 ( ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada COU11ty, and The State Tax COlnmissio11 of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridia11, Ada COllnty, State of Idaho, do hereby certify that the attached copy of Ordinance No. 861- passed by the City Council of the City of Meridian, on the Zr sf;> day of /lIl~cJ.v, 2000, is a true and correct copy of the original of said doculnent which is in the care, custody a11d C011trol of the City Clerl( of the City of Meridian. ' SEAL ~ &' " .V/h.. ,Q) 0 ~ ~ ~ -Q.r 15\ ~ ,(i'" $ 01/ .,rJ ~ '" /" C\ ~ " .//1: n.,. ~N"..~'f ,'.... >>>II"""'U i.: 1 t \\\\ lil/llfH ~U~\\\\' STATE OF IDAHO, ss. County of Ada, ) .~ 1Jvv1Z.~ , a Notary Public, appeared WILL G. ERG, JR., lillown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to Ine that l1e executed the saIne on behalf of the City of Meridian. day of (hAALr'~ , in the year 2000, before Ine, $....... .-"'C.1 tJ .. .. ~...~:..--...9~ .. .~~OT~;~,~~ -~~/~ ~\ e " """"', \ - .~I ...d'i.. ~ ~ \Na : 00: ~ 12'( P'4 :>: s \ ' " o \ / 8 " \ , 0 $ , A-~. C' it . dl~...,~ VBL~ ~~o ~ +. :-1~---'-"" J?-?"..9 ..-c.eopnJ .. -811..."- lTISg'Z:\ W ork\M\Meridian 153 60M\Glenn Ustick\CertificationOfClerkOrd (SEAL) Not ry P ) blic for Idaho . CommIssion Expires: q-/IbvOO CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN . ,:_~ SU BDIVISI ON ... .j . 1 J ~ f f , f l J t . I , . l._.:. __ ____ _ _ ____ i----- --- -- ---- ... ~ '~ . j { } , I .~. ; .' , '~1 , .. ~ i -1 - -1 - · -~l -EL-fiB~~._JVfN:-mJl- " . ~ , ~~ .... .... ... ... ..... ..... - ......... -...... ...... ~... ... .... -- ..... .-. .... .-.. --. .... ..... .... ~ - --...... - --- -- ---........- - - - - - - - - - - -- ~ ,l = ... j ~ .~ ~ ~ dt~ \. ''\ NtlFtfU \. '\ , ., i ~I~: 'M';. ~ ' :j -1 ~ ~ ~1 .. ~! -~~:l ~ : /4 , J- .-;:i .:j ~. ] -:~l (r" fY}~ }iOA COUNTY RECORDE J~ Ol~VfO NAVARRO BGfSt, HJt,HO . .RECOROED" REQUEST OF zooa AP 27 AM 10: 08 rrf00031723 CITY OF MERIDIAN ORDINANCE NO. "66' AN ORDINANCE FINDING THAT THE OWNER 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-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER 911-2-408B(5) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, 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 R-15 (Medium Bigh Density Residential) District as defined under S 11- 2-408B(5) of the Municipal Code of the City of Meridian; and 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: A parcel of land as described in Warranty Deed Instrull1ent No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument Inarldng the North 1/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00034139" W (S 00000'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00034'39" W a distallce of 218.76 feet to a 5/811 rebar; Thence leaving said East line S 38043'20" W a distance of 192.36 feet to a point; Thence N 89029'10" W (S 89056'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00033' 16" E a distance of 351.65 feet to a point; Thence N 88049142" E a distance of 239.87 feet to a Ihlf rebar; Thence N 00036' 17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00036117" E a distance of 34.06 feet; Thence N 61 004'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creel, and the southerly right-af-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creek the following courses; CREEI(SIDE ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 2 ( ( Thence S 00044'24" E a distance of 305.7 5 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61 032'591f, an arc length of 32.23 feet, and a long chord bearing S 31 032'3611 E a distance of 30.70 feet to a point; Thence S 62020'481f E a distance of 322.40 feet to a POi11t; Thence along the arc of a curve to the right havil1g a radius of 60.00 feet, a central angle of 17052'4311, an arc length of 18.72 feet, and a long chord bearing S 53025'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00034'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. SECTION 2. That the above-described real Property be, and the same is hereby re-zoned and designed (R-15) Mediuln High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use a11d area nlaps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4. The zoning designation set forth in Section 2 of this ordina11ce is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 a11d /7/ ~~ entered into and dated the.?- Y day of h~tvL~ , 2000. SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict CREEICSIDE ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 3 ( ( herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from a11d after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, /~-b thisZ-t d;y of 1l11JrL,(/~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, '5' , this V day of ~~/L; , 2000. ~ -' ~ ~ :?: /" SEAL STATE OF IDAHO,) : ss. COU11ty of Ada. ) ~ ~ ~ :. 170t.. 0 ~ ~ .-~~ . "Q> <" ~ ,. ~ ~'~r 5~ IIL~ ~ ~ <.:) ~ ,'v i, \ · -'. '" '/ ....~:I n ~ .... "'/ '~.. ~~' 1',111~.-VUN1"l. ~"", ~.II \\'1 III "HFd nH\\\ On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., l<nown to me to be the Mayor and City Clerl< of the CITY of Meridian, Idaho, and who executed the within instrumel1t, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ;~~~ltt~~:ar first above written. · ~'~';OTA ~',. .. -- A...- ~, ~ - .....,.,. Jr. _ " · ,.~~, ~ \ 0 (' . ~j' \ - I ~ (SEAL) :?A( * *' .- )~: NO Y PUBLIC FOR IDAHO ~ \ ;: RESIDING AT. \~ cfA-ttAA. I D e ,. , . · q ...dl~~~}S"'~... MY COMMISSION EXPIRES: c>b-OO msg/Z:\W ork\!vl\M~~~ op eekside Arbor\RZOrdinance -allll..- CREEICSIDE ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 4 (l U__ ( 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 ClerIc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordina11ce No. 866 passed by the City Council of the City of Meridian, 011 the ~I ~ day of mP/L~ 2000, is a true and correct copy of the origi11al of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \~\ ".at I It I-lt III \.\\\\ ~'III ,,'\\.... Of . -' '/,/ " ...t' ~ ~ $' .(}" -aP0ft4 ~1~ ~ 2' CJU' .. "I;t..... ~ ..,.. ~ '0 ,.,. ~ ~ ...... ~ -? & 2 ~ ~Q ;, "c, D ~ ~:/ -7A ~iSr 15\ ,. ~ $" ."/ ~, ..<:"\ ~ '" ,> I ('\ ,\V .... ~ ;///>" OUN1'''t, \\" I ill) \\\\ 1/ i;..l :&';:i. \{ \' STATE OF IDAHO, ss. COU11ty of Ada, ) Ii bY day of , in the year 2000, before lne, rvi 'ZP~ , a Notary Public, appeared WILLIAM Go' ERG, J 0' l<nown or identified to me to be the City CIerI, of the City of Meridian, Idaho that executed the said instrument, and acl<l1owledged to Ine that he executed the same on behalf of the City of Meridian. (SEAL) q..oa....ty 4-. -a l1oCt(t ..~ ~1 ~~__-.__ ~ .......0.. ~,.... TA;:-.... <t>." _""- ~~O -~ '\. ~ ~' ~ .).. , ~ fen! *** )~~ . \ I ~ 'Cl \ / 1:1 9. '\ ~_. C / : . <P~',",,-UBL~ ,,~~I' 0 .l) +. ':i1~--_....,.. .~ .o-c~OFlP .0- .....aoe,;) ,~ Notary Pub IC for Idaho Commission Expires: q.-/'U;-o7J msg\Z:\ W ork\M\Meridian 153 60M\Creekside Arbor\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 1/ (:. ( uu \. ( MARCH 1 7, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21,2000 APPLICANT: DEPARTMENT REPORT - TOM KUNTZ AGENDA ITEM NUMBER: REQUEST: RENEWAL OF FARM LEASE WITH KEN ASCHENBRENNER 11~ C ~ I r. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: , ~..~ orr CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. (' CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the Jaws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 1998, the following action has been taken and authorized: A RESOLUTION OF rHE CITY OF MERIDIAN, IDAHO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY qF MERID1AN AND KENNETH L. ASCHENBRENNER AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO~ WHEREAS, it is found by the Mayor and City Council that the real property described in the prbposed lease Agreement hereinafter referred to is not presently needed for City purposes within the proposed lease agreement term; and WHEREAS, the City Council determines that that certajn proposed lease agreement by and between the parties a copy of which is attached provides terms which are just and equitable. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Meridian, based upon the above and foregoing, and pursuant to its authority under Idaho Code ~ 50..1409, that the agreement by and between the City of Meridian and Kenneth L. Aschenbrenner, a copy of said agreement marked "Exhibit A)t attached hereto and Incorporated herein by referenceJ be, and the same is hereby, approved as to both form and content. CERTIFICA'I'E OF CLERK OF THE CITY OF ?vfERlDIAN /.~... .~.~. ~. ( ( CITY OF MERIDIAN, ADA COUNTY, IDAHO RESOLUTION NO. By Councilperson A RESOLUTION OF THE CI'IY OF MERIDIAN, IDAHO, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND KENNETH L. ASCHENBRENNER AND AUTHORIZING THE MAYOR TO EXECUfE THE AGREEMENT, BE IT RESOLVED BY the Mayor and the City Council of the City of Meridian, Idaho: WHEREAS, it is fOWld by the Mayor and City COWldl that the real property described in th~ proposed Lease Agreement hereinafter referred to is not presently needed for City purposes within the propos~d lease agreement term; and WHERFAS the City Council detennines that that certain proposed lease agr~ement by and between the parties a copy of ,vhich is attached provides terms which are j\lst and equitable; NOW THEREFORE BE IT RESOLVED by the Mayor and CoW\dl of the City of Meridian, based upon the above and foregoingJ and pursuant to its authority Wlder ldaho Code ~ 50-1409, tha.t the agreement by and bet'~een the City of Meridian and l<enneth L. Aschenbrenner, a copy of said agreement marl,ed "Exhibit A" attached hereto and incorporated hercin by reference, be, and the same is hereby, approved as to both fann and content. That the Mayor and Cit)" C1erl~ be1 and they hereby are, authorized to execute said agreement for and on behalf of the City of Meridian. SECTION 1. That this Resolution shall be in full force and effect inunediately upon its adoption and approval RESOLUTION - 1 ( SECTION 2. All resolutions, orders, or parts thereof. in conflict herewith are hereby repe.a1ed, resanded and annulled. PASSED BY THE CIlY COU'NCIL of the Ci.ty of Meridian this day of , 1 998. APPROVE]) BY THE MAYOR of the City of Meridian this day of 7 19984 !vI avo r r ATTEST: Civr Clerl< I certify that the above resolution \\yas duly adopted by the City Coundl or"" the City of Meridian held on , 1998 by the following vote: Ayes: Noa: Absen t: MERIDIAN CITY COUNCIL By: ArrEST: CIeri, RESOLUTION - 2 I"" . ~W.; .~ LEASE AGREEMENT THIS AGREEMENT is entered into as of. this _ day of 199B, by and between the City of Meridian, a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of the la\\lS of the State of Idaho, hereinafter referred to as "City of Meridian", whose current address is 33 E.. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as the "Lessor") and Kenneth L~ Aschenbrenner, an jndividuait whose current address is 4990 N" Meridian Road1 Meridian, 10 83642, hereinafter referred to as the "Lessee". WIT N E SSE T H: 1. LANDS RENTED: In consideration of the mutual promises and covenants herein including, but not limited 10t the rents to be paid and the services to be performed by the Lessee, as subsequently set forth in this Agreement, the Lessor does lease to the Lessee. and the Lessee does lease from the Lessor, the following real and personal property located in the County of Ada, State of Idaho, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference. 2. TERM OF LEASE: This Agreement shall include all improvements and such water rights, permits and licenses as are essential to the facilitation of the terms of this Agreement now located upon or appurtenant to the described premises from the 1st day of November, 1998, to the 31st day of August J 1999. 3. POSSESSION: For the lease term, Lessee shall be entitled to commence possession upon the date this Agreement has been executed by both the parties hereto. 4 RENT: Lessee covenants and agrees to pay $5.300.00 rent for said 53 acres of the property, due and payable on the 31st August, 1999. LEASE - 1 ( ( .. 5. DUTIES OF LESSOR: Lessor covenants and agrees with Lessee as follows: (a) Lessor will provide to Lessee the above described land and improvements thereon. Lessor shall be responsible for the payment for the land and the payment of real property taxes and other expenses related to providing the land for the Lessee1s use. (b) Lessor will provide to Lessee the use of water for the purpose of watering the premises under the water rights appurtenant thereto. AU water" assessments shall be paid during the term of this Agreement by the Lessor, (c) Lessor shall not be obligated to pay any portion of the production, harvesting, hauling, storage, marketing) or other costs associated with the crops produced on the real property. (d) Lessor covenants that, upon the Lessee keeping, observing and performing the covenants of this Agreement to be kept and observed, the Lessee shall peacefully and quietty possess and hold the premises throughout the term of this .A.greement without interruption from Lessor, his successors or assigns, and Lessor shall defend Lesseets right of possession against such person. (e) Crop insurance shall be at the option of Lessee. (1) Lessor will perform all of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessee harmless for any loss occasioned by the failure of the Les$Or to thus perform. 6. DUTIES OF LESSEE: Lessee covenants and agrees with Lessor as follows: (a) Lessee will pay the rent herein reserved to be paid by him in the manner herein provided. LEASE - 2 ( ( (b) Except as otherwise specifically provided in this Agreement, Lessee wilt pay all expenses and costs of operatiOn arising out of the leasing, farming, producing and harvesting of the crops to be grown upon the leased premises under this Agreement. (c) Lessee win farm the leased premises in a farmer-like manner. (d) Lessee shall be responsible to maintain all irrigation ditches in as good condition as they are at the outset of this Lease 1 normal wear and tear excepted · (e) lessee shall pay all electrical expenses for irrigation pumps associated with the irrigation of the lease premises. (f) Lessee will permit the Lessor, his agent or agents, to enter into and upon the premises and each and every portion thereof at any reasonable time or times, for inspection thereof and of the crops thereon or to make improvements on the property. (g) Lessee will perform al1 of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessor harmless for any loss occasioned by the failure of the Lessee to thus perform. (h) Lessee win quit and surrender possession of the premises upon the expiration of said term and hereby waives notice to that effect, except as otherwise specifically provided herein~ (i) Lessee shall not permit, suffer. or incur any mortgage or encumbrance on the land herein demised or the improvements thereon. (j) Lessee will return the land in the same condition as when taking possession, normal depreciation excepted. (k) Lessee shall maintain and provide the city of fvteridian as an LEASE - 3 ( (/ additional insured for all premises liability in an amount not less than the amount required by State Law (I.e. 6-926) to be carried to cover statutory liability of the lessor, which is a minimum of $500,000.00 singre limit for damages, costs and attorneys fees on account of bodily or personal injury 1 death, or property damage, or other IOS5 resulting from anyone occurrence or accident. Lessee shall also maintain workers' compensation insurance as required by State Law, evidence of such coverage to be provided to the City Clerk by lessee in the form of a Certificate of Insurance. 7. ASSIGNMENT OR SUBL~SING: lessee may not assign this Lease, sublease or underlet the demised premises without prior written consent of Lessor. B. SALE OF LEASED PRqPERTY: In the event Lessor shall sell the above...ctescribed leased premises, or any portion thereof, during the term of this Agreement or any renewal thereof, lessor shall make said sale subject to all the terms of this Agreement. 9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee that the Lessor has futJ and absolute authority to lease the property hereunder and hereby covenants and agrees to save harmless and indemnify the Lessee from aU claims of any kind induding, but not limited to, attorney's fees and court costs arising out of claims relating to lessor's authority to lease this property, 10. DEFAUL T~ In the event either party hereto shall be in default under the terms and conditions of this Agreement, the other party shall give written notice to the defaulting party stating in what respect that party has failed to comply with the terms and conditio~s of this Agreementr In the event the defaulting party shalt fail to comply with the terms of this Agreement so specified within 30 days after the giving of such notice by certified mail, then and in that event, the party giving notice shall have the option and privilege of immediately terminating this Lease and to seek damages. LEASE - 4 ( ( 11. ATTORNEY'S FEES: In the event either party defaults in the performance or nonperformance of the terms of this Agreement and it shall become necessary to resolve the default by any course of legal action, whether the same be through litigation or by the intervention of attorneys. the party determined to be at fault shall pay to the prevailing party reasonable attorneys fees and all expenses and costs thus incurred. 12. NOTICES: AU notices required to be given to each of the parnes hereto under the terms of this Agreement shall be given by personal service upon the party to be given notice or by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the addresses hereinbefore stated or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 13. RELATIONSHIP OF PARTIES: Under no circu01$tances shall the terms of this Agreement be deemed to give rise to a partnership or joint venture relationship between the parties and neither party shall have authority to obligate the other without written consent of the other except as specifically provided in this lease. 14~ CONSTRUCTION: This Agreement is binding upon the heirs, personal representatives, administrators, successors or assigns of the parties and wherever the context uses the singular it shall include the plural and vice versa. 15. MANAGEMENT DECISIONS: Lessee shall manage the operation of the abov~escribed real property as a farming unit during the term of this Lease or any renewal thereof. 16. SEVERABlll11': If any portion or portions of this Agreement shall be, .LEASE - 5 ( ( for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do 50 would clearly vio'ate the present legal and valid intentions of the parties hereto. 17. GOVERNING LAW: This Agreement shall be s.ubject to and governed by the laws of the State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written, City of Meridian Mayor "Lessor" Kenneth L. Aschenbrenner "Lessee" A TrEST: City Clerk ACKNOWLEDGr~ENT STATE OF IDAHO ) :ss County of Ada ) On this day of t in the year 1998, before me, the undersigned, a Notary Public, personally appeared Robert 0" Corrie, known or identified to me to be the Mayor of the City of Meridian, who executed the instrument or the LEASE - 6 (<__u _ ( person that executed the instrument on behalf of said municipality, and acknOY/ledged to me that such municipality executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 1998, befor~ me, the undersigned, a Notary Public, personally appeared Kenneth L. Aschenbrenner, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same, (SEP\l) Notary Public for Idaho Commission expires~ et/15360MlAschenbrenner. tse.frm lEASE - 7 ( . (~- Legal description to be attached to Aschenbrenner Lease agreement A portion equaling 53 acres of that certain parcel or real property the whole of which is described as the E 12 of the S. W. ~ of the SwE ~ of Section 36. Township 4 north Range 1 West, Boise Meridian and the S.E. ~ of the S.E. ~ of Section 36 Township 4 North, Range 1 West Boise Meridi~ the portion being excepted from the leased premises is the building site on the: South East Comer of the real property and the area occupied by the water reservoir and facilities al) of which is depicted on the Aerial photo map attached hereto. EXHIBIT '4An ** TOTAL FAGE.i3 ** ~.~ . >l-~~";~ ~.:'- '::./:",' '. ~~. ~M~ ( (~ . MARCH 1 7, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000 APPLICANT: DEPARTMENT REPORT - GARY SMITH AGENDA ITEM NUMBER: i 7., f3 · Z · REQUEST: TULLY PARK EASEMENT AGENCY COMMENTS CITY CLERK: SEE AITACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COU NTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: flirt cupf NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. (' MARCH 17, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000 ( . AGENDA ITEM NUMBER: APPLICANT: . DEPARTMENT REPORT - TOM KUNTZ REQUEST: BID RESULTS FOR STOREY PARK IRRIGATION SYSTEM l7'[62. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COU NTY STREET NAME COMMITTEE: Jv.. n (' \IJ- CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~ ,00 Y'lor BUREAU OF RECLAMA liON: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( e oran u To: Mayor Corrie, and Council From: Tom Kuntz .1,tL-.. Date: 03-20-00 c.c.: Parks and Recreation Commission Re: Storey Park irrigation bids and bid renewals and renewal of fann lease with Ken Ashenbrenner . On Janrnuy 28, we opened the bids for the Storey Park irrigation project. The four companies that submitted bids were: 1. A to Z Sprinkler-Boise at $126,354 2. Hillside Nursery-Boise at $137,127 3. Angle & Associates-Pocatello at $153,800 4. Park Towne Construction-Nampa at $183,012 Since the budgeted amount for the project was $80,000, I am requesting authorization to reject all bids at this time. We will be requesting additional funding and re-bidding for this project at a later date. . We plan to complete the master plan for the 56-acre park site by the end of July and request design & construction funding in August. Since we will not be breaking ground until fall of this year, or spring of2001, we need a plan for the acreage this summer. After researching a couple of options, including a lease with a turf fann, I recommend renewing the lease with Ken Ashenbrenner. Ken would plant either wheat or beans, which would be harvested in September. The lease amount will be reduced to $30.00 an acre for wheat, and $60.00 for beans. Last years lease was $100.00 per acre for sugar beets. Your direction on both of these matters is appreciated. (U ( MARCH 1 7, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21 , 2000 APPLICANT: DEPARTMENT REPORT - GARY SMITH AGENDA ITEM NUMBER: REQUEST: BIG-SOLIDS DEWATERING PROJECT - CHANGE ORDER NO.1 /7 * 13, 14 AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: I. j CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHW A Y DISTRICT: ADA COUNTY STREET NAME COMMITTEE: L CENTRAL DISTRICT HEALTH: ('9 if' NAMPA MERIDIAN IRRIGATION: c11 SETILERS IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( (~... City of Meridian Public Works Dept. . ~RJEJ c E~ ]~~\7~:ET: :~J MAR 1 7 2000 nITY ~F ....7'. r'..-"....~ 1............ ~..............-.,. JAr "'!\ T- ;'i · U IftJ ~ ~J C~~. ~ f~ ~ !l r~~ I tJ Vll:tlL~l..U UT~~ To: Will Berg, Jr. From: Gary D. Smith, PE cc: file Date: 03/16/00 Re: Bio-solids Dewatering Project - Change Order No.1 Will: I would appreciate it if this Change Order Request could be placed on the next available City Council agenda for their review and action. Thanks and if you have tions please give me a call. Gary From the desk of. . . Gaty D. Smith, PE Meridian City Engineer Meridian Public Works Deparbnent 200 R Carlton St, Suite 100 Meridian, Idaho 83642-2600 . Page 1 (208) 887-2211 Fax: (208) 887-1297 (.. \.. City of Meridian Public Works Dept. To: Gary From: Brad Watson, P .E. CC: Rle Date: 03116100 Re: Biosolids Dewatering Project, 8-8 I em forwarding to you three original copies ct proposed Change Order No. 1 for the Biosolids OeNatering Project for approval by City Council. The change order consists of three changes: one cost increase and tV<<> cost decreases: 1) As you are aware, VJhen TurnKey began excavating for the foundation of the dewatering building an old, filled-in drainage cfrtch was diSCCN'ered traversing north side of the building . The ditch was filled with unsuitable backfill including organic material. The test boring done for the geotechnical report during the design phase of the project missed this ditch by a matter of feet, unfortunately. TurnKey was directed to excavate all the unsuitable material and backfill with imported drain rock and pit-run with geotextile. OUf contract inspector YJitnessed the backfill procedure and verified material quantities, labor hours and equipment used. The cost for this extra VtA:Xk is $11 ,787.04. 2) The engineer detemined a dsconnect switch for the flOYJl11eter to the centrifuge was not needed. The decrease in cost for this item is $1 ,005.96. 3) The gas piping was changed from 'Nelded steel to plastic as an opportunity to save money while building an equivalent system. The decrease fa-this item is $700.00. The total cost increase for this change order is $10,081.08. An increase in contract time el28 days is also included in ttis change order. TV<<) weeks were spent assessing the backfill problem, coming up with an appropriate remedial action and actually performing that \\UI"k. Analyzing the contractor's critical path schedule, this pushed the block layers (masons) into colder weather causing them to "tent" their VtA:Xk. An adcfrtional tV<<> \Neeks are included for this. Please let me knoYi if yoo have any questions. From the desk or.. . Bdd Watson, P.E. Assistant City Engineer Meridian Public Works Department 200 E Carltoo Sl, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax: (208) 887-1297 watsoob@cimeridian id us . Page 1 <, .-----" ->>- .. , ( I ~~'7geL,hq ( Dedica.led to crea,ti've, l~e~s-po.nsive, q:ua,lity SOlllliO?lS for tll1J/le ute ~",e'.ve4 Contract Change Order No. 001 WO# 4504A.20 City of Meridian Biosolids Dewatering Project February 29, 2000 Owner: City of Meridian Contractor: Turn-Key, Inc. Engineer: Carollo Engineers THE CONTRACT SHALL BE CHANGED AS FOLLOWS Item No. Description of Changes and/or Additions Material Over-Excavation and Disposal Delete Disconnect at Flow Meter Days Added to Contract Increase in Contract Price Cost 1 Credit 1 Credit 2 Change Natural Gas Pipe Material 28 o o $11,787.04 (1 ,005.96) (700.00) Original contract amount. Net change by previous change orders. Contract amount prior to this change order. Net increase, decrease due to this change order. New contract amount, including this change order. $1 ,164,734.00 0.00 1 ,164,734.00 1 0,081.08 $1,174,815.08 The amounts indicated above shall be compensation in full for the work described and shall include all costs, direct and indirect, including extended overhead. The Contract Time is increased by 28 calendar days. The Contract Substantial Completion date will be March 25, 2000. The Contract Final Completion d te will be April 24, 2000. Recommended by: . Carollo Engineers - Date: Accepted by: Date: Z --2.9- (;) 0 Approved by: Date: City of Meridian C:\WINDOWS\TEMP\CHGORD1.WPD ( ADA C'QUN.TY RECORD-ER' J. t~VJO NAV,ARRO DCdSE, iDAHO 2000 MR 30 Prl I: 26 ..:REd JEO. RE.GUEST OF FEE. DEPUTY-- I i 0002373~ MERIDIAN CITY ,1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR VACATION OF A lO-FOOT WIDE ) PUBLIC UTILITY AND DRAINAGE ) EASEMENT IN COMMERCE PARI( ) SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) APPLICANT: 4M LEASING/CANVEST ) ) 03-14-00 CASE NO. VAC-OO-OOl FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY DRAINAGE EASEMENT This Inatter COIning 011 regtllarly before the City Cou11cil at its regular lueeting on the 7th day of March, 2000, at the hour of 7 :30 p.m., al1d Brad Hawldl1s-Clarl<., Assistant Planl1er for the Planning and Zoning Departlnent, appeared a11d testified at the hearing, and appearing and testifyi11g 011 behalf of the Applicant was JilTI Washburl1, and the Council having received the record froln the Plannil1g and Zoning COlTIlnissiol1 and its reCOlTIlTIe11datio11s to the City Council, and no objection havi11g been received Inal(es the following Findings of Fact and Decisiol1 and Order. Fi11dings of Fact and Conclusiol1S of Law al1d - Page 1 of 12 Order of Vacation of a 10-foot wide public lltility and drainage easelnent / COIllinerce Park Subdivisio11 By: 4M LeasinglCanvest / V AC-OO-OO 1 r--"J-"""" "" " ( (-.. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easeme11ts shall be vacated iI1 the saIne Inanner as streets. {I.C. 9 50- 1325}. 2. The vacation of a11 easelnent which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firIn, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is i11side the boundaries of any City lnust petition the City Cou11cil to vacate. A11Y person, persons, firm, association, corporatio11 or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or withi11 011e (1) mile of the boundaries of any city lTIUSt petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the 11ames of the persons affected thereby, and said petition shall be filed with the city clerl(. Written notice of public hearil1g 011 said petitio11 shall be give 11 , by certified Inail with returll receipt, at least te11 (I 0) days prior to the date of public hearing to all property OWl1ers withi11 three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a weel, for two (2) successive weel(s in the official newspaper of the city, the last of which shall be not less thal1 sevell (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a celnetery plat where there has been no i11terlne11t, or in the case of a celnetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. Whel1 the procedures set forth herein have been fulfilled, the city councillnay grant the request to vacate with such restrictions as they deelTI necessary i11 the public il1terest. In the case of easements granted for gas, sewer, water, telephone, cable television, Findil1gs of Fact al1d Conclusio11S of Law and - Page 2 of 12 Order of Vacation of a 10-foot wide public utility and drainage easement / COffilnerce ParI, Subdivision By: 4M LeasinglCanvest / V AC-OO-OO 1 power, drainage, alld slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the saIne ill writing. {I.C. S 50-1306A (I), (2), (3) and (5)} I. Pursuant to Meridian City Code ss 12-1 0-1 A and Band 12-1 0-2 A alld B it provides as follows: 12-10-1 APPLICATION PROCEDURE: A. Applicatioll: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall conlplete and file all applicatioll with the Administrator. These provisions shall not apply to the widening of any street which is shown on this COluprehensive Development Plall, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. B. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the COffilnission which is held not less than fifteen (15) days after said date of acceptallce. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recolnmendation: The Cornlnission shall review the request and all agency responses and mal<e a recommendatioll to the Council for either approval, conditional approval, or denial. B. Council Action: I. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, Filldings of Fact and Conclusions of Law and - Page 3 of 12 Order of Vacation of a 1 Q-foot wide public utility al1d drail1age easelnent / COlTIInerCe Parl( Subdivision By: 4M LeasinglCanvest / V AC-OO-OO 1 r" f. deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Iluprovements; Bond: When c011sidering an application for dedication procedures, the COU11Cil may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bOI1d furnished assuring the construction, prior to acceptance of the dedication. To cOlnplete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT I. 4M LeasinglCa11vest, of 5559 W. Gowen Road, Boise, Idaho 83709, is a legally recognized form of business in the State of Idaho. {see Chapter 6 of Title 53 Idaho Code} 2. 4M LeasinglCanvest, filed a petition for the vacation of a 10-foot wide public utility and drainage easement for Lots 5 and 6, Blocl( 2 of Commerce Parl( Subdivision, as dedicated in the Quitclaim Deed frOITI DOI1ald J. Nelson and l<.arin B. Nelson, husband and wife, to 4M LeasinglCanvest, an Idaho Partnership, recorded May 25, 1994, as Instrument No. 94048996. 3. The legal descriptions of the utility and drainage easements which are the subject of this petition are: (The utility and drainage easement along the inside lot line common to Lots 5 and 6, Blocl<. 2, of Commerce Parl<. Subdivision, as same is recorded in Bool<. 45 of Plats at Pages 3721 and 3722, official records of Ada County, Idaho, as described by Note on said plat. ) Findings of Fact and Conclusions of Law and - Page 4 of 12 Order of Vacation of a lO-foot wide public utility and draiI1age easement / Commerce Parl( Subdivision By: 4M LeasinglCanvest / V AC-OO-OO I (' \.. Parcel A (Adjusted Lot 6 Description) A parcel of land being Lot 6 and a portion of Lot 5, Blocl, 2 of Commerce Park Subdivision, as saIne is recorded in Bool, 45 of Plats at Pages 3 721 and 3 722 of Ada County records, lying in the SW 1/4 of Section 9, T.3N., R.IE., B.M., Meridian City, Ada County, Idaho, InOIe particularly described as follows: Beginning at the 110rtheast corner of Lot 6, Blocl, 2 of said COInmerce ParI, Subdivision, said point being Iuarleed by a found 5/8" iron pin; thence South 0000'00" West along the easterly boundary of said Lot 6, Blocle 2, for a distance of 383.85 feet (formerly described as 383.90 feet) to the southeast corner of said Lot 6, Blocl, 2, said point being marl,ed by a 1/2" iron pin; thence along the southerly boundary line of said Lot 6 and 5, said li11e also being the northerly right-of-way line of Commercial Court for the following four courses: North 89056124" West, for a distance of 6.67 feet to a point of curve; thence 93.00 feet along the arc of a curve to the left, said curve having a delta of 10603410311, a radius of 50.00 feet and a long chord which bears North 83013'2511 West, 80.16 feet to a point of reverse curve; thence 24.38 feet along the arc of a curve to the right, said curve havillg a delta of 46034'03", a radius of 30.00 feet and a long chord which bears South 66046'35" West, 23.72 feet to a point of tangent; thence North 89056'24" West, for a dista11ce of 283.08 feet to the adjusted southwest corner of Lot 6, Blocl, 2, marked by a 1/2" iron pill; thence North 0000'00" East, along the adjusted lot line of Lots 5 and 6, Blocle 2 for a distance of 422.1 7 feet to a point on the northerly boundary line of said COffiluerce Parle Subdivision, said point being the adjusted northwest corner of Lot 6, Blocl, 2, marked by a 1/2" iron pin; Filldings of Fact and Conclusions of Law alld - Page 5 of 12 Order of Vacation of a 10-foot wide public utility and draillage easement / Commerce Parle Subdivision By: 4M LeasinglCanvest / V AC-OO-OO I ( thence South 88028'18" East, along the northerly boundary line of said Commerce Parle Subdivisiol1 for a distance of 213.14 feet to a found 5/8" iron pin; thence South 79029' 17" East, along said subdivision boundary line for a distance of 181.13 feet to the Point of Beginning, containing 3.65 acres, more or less. Parcel B (Adjusted Lot 5 Description) A parcel of land being a portion of Lot 5, Blocl, 2 of Commerce Parle Subdivision, as saIne is recorded in Boolc 45 of Plats at Pages 3721 and 3722 of Ada County records, lying in the SW 1/4 of Section 9, T.3N., R.l E., B.M., Meridian City, Ada County, Idaho, more particularly described as follows: Beginning at the northwest corner of Lot 5, Blocle 2 of said Commerce Parle Subdivision, said point marleed by a 1/2" iron pin; thence South 88028' 18" East, along the northerly boundary line of said Lot 5, Blocle 2, for a distance of 158.69 feet to the adjusted northeast corner of said Lot 5, Blocl, 2, marlced by a V2" iron pin; the11ce South 00000'00" West, along the adjusted lot line COlTIlTI011 to Lots 5 and 6, Bloclc 2 of said subdivision for a distance of 422.17 feet to a point on the southerly lot li11e of said Lot 5, Blocle 2, a11d the northerly right-of-way line of Commercial Court, said POiI1t marleed by a 1/2" iron pin; thence North 89056'24" West, along said southerly lot line and the northerly right-of-way li11e for a distance of 158.63 feet to the southwest corner of said Lot 5, Blocl, 2, marlced by a 112" iron pin; thence North 0000100" East, along the common lot lille of Lots 4 and 5, Blocle 2, of said subdivision for a distance of 426.24 feet (formerly described as 426.28 feet) to the Point of Beginning, contai11ing 1.54 Findil1gs of Fact and Conclusions of Law and - Page 6 of 12 Order of Vacation of a 1 Q-foot wide public utility al1d drai11age easelnent / Commerce ParI, Subdivision By: 4M LeasinglCanvest / V AC-OO-OO 1 (... acres, more or less. 4. The particular circumstances of the requested vacation is: The vacation is required to allow expansion of an existing building and adjustIne11t of a Lot Line in order to conform with the saIne easement recorded in Bool( 45 of plats at pp. 3721 and 3722, Ada County Records. Said vacation to bei11g IO-feet South of the North Lot Line of said Lots 5 and 6 and end 25 feet North of the South Lot Line of said Lots 5 and 6. All utilities are located iI1 the street and can service projects without having to utilize these easelnents. 5. The names and, Reli11quishlnent of Easeme11ts attached as Exhibit "A", of the affected by the petition to vacate include: 5.1 The applicant/owner of the property is 4M LeasinglCanvest, alca Nelson/McAlvai11-Commerce Parl( Subdivision, Boise, Idaho, and who applied for the vacation application. 5.2 Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power, attached within Exhibit "A", consisting of six pages, are the Relinquishment of Partial Release of Easements releases. 6. W ri tten notice of the public hearing of this peti tion was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petitio11, and such notice was also published once a week for two (2) successive weelcs in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 7 . All affected utility holders have agreed to the requested vacation in writing. 8. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and - Page 7 of 12 Order of Vacation of a IO-foot wide public utility arld draiI1age easement / COffilnerce Park Subdivision By: 4M Leasi11g1Canvest / V AC-OO-OO 1 ( DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. That certain utility and drainage easement as depicted on the Record of Survey of Commerce Park Subdivision, is hereby vacated. (The utility and drainage easement along the inside lot line common to Lots 5 and 6, Blocle 2, of Commerce Parle Subdivision, as same is recorded in Boole 45 of Plats at Pages 3721 and 3722, official records of Ada County, Idaho, as described by Note on said plat. ) Parcel A (Adjusted Lot 6 Description) A parcel of land being Lot 6 and a portion of Lot 5, Blocl( 2 of Commerce Parl( Subdivision, as same is recorded in Bool( 45 of Plats at Pages 3 721 and 3 722 of Ada County records, lying in the SW 1/4 of Sectiol1 9, T.3N., R.lE., B.M., Meridian City, Ada County, Idaho, 1110re particularly described as follows: Beginning at the northeast comer of Lot 6, Blocl( 2 of said Commerce Parl( Subdivision, said point beil1g marl(ed by a found 5/8" iron pi11; thence South 0000'00" West along the easterly boundary of said Lot 6, Blocl( 2, for a distance of 383.85 feet (formerly described as 383.90 feet) to the southeast corner of said Lot 6, Blocl( 2, said point being marl<ed by a 1/2" iron pin; Findings of Fact al1d Conclusions of Law and - Page 8 of 12 Order of Vacation of a 10-foot wide public utility a11d drail1age easelnent / COlnmerce Parl( Subdivision By: 4M LeasinglCanvest / V AC-OO-OO 1 thence along the southerly boundary line of said Lot 6 and 5, said line also being the northerly right-aE-way line of Con1mercial Court for the following four courses: North 89056'24" West, for a distance of 6.67 feet to a point of curve; thence 93.00 feet along the arc of a curve to the left, said curve having a delta of 106034'0311, a radius of 50.00 feet and a long chord which bears North 83013'2511 West, 80.16 feet to a point of reverse curve; thence 24.38 feet along the arc of a curve to the right, said curve havi11g a delta of 460341031f, a radius of 30.00 feet and a long chord which bears South 66046'3511 West, 23.72 feet to a point of tangent; thence North 89056'24" West, for a distance of 283.08 feet to the adjusted southwest corner of Lot 6, Blocl( 2, marl(ed by a 1/2" iron pin; thence North 0000100" East, along the adjusted lot line of Lots 5 and 6, Blocl( 2 for a distance of 422.1 7 feet to a point on the northerly boundary line of said COlnmerce Parl( Subdivision, said POi11t being tl1e adjusted northwest cor11er of Lot 6, Blocl( 2, Inarl(ed by a 1/2" ir011 pi11; thence South 88028' 18" East, along the northerly boundary line of said Commerce Park Subdivision for a distance of 213.14 feet to a found 5/8 II iron pin; thence South 79029' 1 7" East, along said subdivision boundary line for a distance of 181.13 feet to the Point of Beginning, containing 3.65 acres, more or less. Parcel B (Adjusted Lot 5 Description) A parcel of land being a portion of Lot 5, Blocl( 2 of Commerce Parle Subdivision, as same is recorded in Book 45 of Plats at Pages 3721 and 3722 of Ada County records, lying in the SW 1/4 of Section 9, T.3N., R.IE., B.M., Meridian City, Ada County, Idaho, lllore particularly described as follows: Findi11gs of Fact and Conclusions of Law and - Page 9 of 12 Order of Vacation of a 10-foot wide public utility and drai11age easement / Commerce Parle Subdivision By: 4M LeasinglCanvest / V AC-OO-OO 1 ( Beginning at the northwest corl1er of Lot 5, Blocl, 2 of said COlTIlnerCe Parle Subdivision, said point marleed by a 1/2" iron pin; thence South 88028118" East, along the northerly boundary line of said Lot 5, Blocl, 2, for a distance of 158.69 feet to the adjusted northeast corner of said Lot 5, Blocl, 2, marlced by a 1/211 iron pin; thence South 00000100" West, along the adjusted lot line common to Lots 5 and 6, Bloclc 2 of said subdivision for a distance of 422.17 feet to a point on the southerly lot line of said Lot 5, Block 2, and the northerly right-of-way line of Comlnercial Court, said point marleed by a V2" iron pin; thence North 89056124" West, along said southerly lot line and the northerly right-oE-way line for a distance of 158.63 feet to the southwest corner of said Lot 5, Blocl, 2, lnarleed by a 1h" iron pin; thence North 0000'000 East, along the common lot line of Lots 4 and 5, Blocl, 2, of said subdivisioll for a distance of 426.24 feet (forlnerly described as 426.28 feet) to the Point of Begil1.ning, containing 1.54 acres, lTIOre or less. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Worles, Pla11ning and Z011ing Departlne11ts, and the City Attorney's office. 3. The City ClerIc shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION Please tal,e 110tice that this is a final action of the governing body of the City of Meridia11, pursuant to Idaho Code S 67-6521 an affected person being a person who has an il1terest in real property which Inay be adversely affected by the issuance Findings of Fact and Conclusions of Law and - Page 1 0 of 12 Order of Vacation of a 1 Q-foot wide public utility and drainage easement / Commerce ParI, Subdivision By: 4M LeasinglCa11vest / V AC-OO-OO 1 ( ... - . J-'!.:;.. "Hil or del1ial of the vacation may within twenty-eight (28) days after the date of this decisiol1 a11d order seele 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 2/5f day of m MeA, , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED tL. COUNCILMAN BIRD VOTED ~ / COUNCILPERSON deWEERD VOTED .A-. COUNCILPERSON Me CANDLESS VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED -'DATED: $-Z/-OO Copy served upon Applicant, the Planning and Zoning Department, Public W orles Departlnent and City Attorney. DATED: 3 ~ 2-1-- tJ{J BY: City ClerIc ,\ \ , it' ,t f t, I , III ~\.,\,~~ Of MEp~~/f'/~ :'Ii' =\'" I [tv)' .. / ~"" c} /;.~O~ - ~Af~/~~ I :r ~ -;. ~ ~ 0 ~ ~ ~ Findings of Fact and Conclusio11S of Law and - Page 11 of l~ SEAL ~ Order of Vacation of a 10-foot wide public utility ~ 'Y ~ g and drainage easement / Commerce Parle Subdivision %. ~'u~ "r:f> ..0 i ~ ro lJl 15~ ~ ~... $ By: 4M LeasinglCanvest / V AC-OO-OO 1 ~/,../ ,~jJ 0 ~~ # ..'/1/. . OUNn . '\v ,~~ -II/ \\\'\ /lrUHt-tlit\\\\ ( ( STATE OF IDAHO, ) : 55. County of Ada. On this "VI day of rY\.tL ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to Ine to be the Mayor and City ClerIc of the City of Meridian, Idaho, and who executed the within instrulnent, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a11d affixed my official seal the day and year first above written. o'(1'eSUSQI:1l:ro ~~ -c r; .e-~ "" ~ ..~..:\. ~ :.. - - .... 9...<1 (> \') 01:t ~,...... 0 T A h'~'t?~~ :l2i;' ~- 'f,.A'~~ :~: ~ +1 ~~~~ ~~~ eaV~1 ~ ~ ~ I~O B ~ I D o \ / 0 o \ , 0 o ',A~ ~ C" 0 ~~\P~"~~HL~~~~()oo ~ Q-<1J)j O-F- rn FY'o ~ 00 1-).JGo l!Ioooo'O (SEAL) N otarY~ lic for Idaho Commission Expires: L1---~0.rO D msg/Z:\W ork\M\Meridian 153 60M\Commerce Park V AC\FfCl OrdV acUtilityEasmt.doc Findings of Fact and Conclusions of Law and - Page 12 of 12 Order of Vacation of a 10-foot wide public utility and drainage easement / Commerce Park Subdivision By: 4M LeasinglCanvest / V AC-OO-OO I ( HUBBLE 'ENGINEERING, INC. 9550 Bethel Court. Boise, Idaho 83709 208/322-8992 . Fax 208/378-0329 January 7) 2000 Shari Stiles Planning & Zoning Department 200 E. Carlton Ave., Ste. 201 Meridian, ID 83642 RE: -UTILITY EASEMENT V ACATION APPLICATION FOR LOT LINE COMMON TO LOTS 5 & 6 OF COMMERCE PARK SUBDIVISION Dear Shari: Please accept our subject easement vacatioll application. It is the desire of 4M Leasing/Canvest to add an addition on to the existing building on Lot 6, Block 2 of said Comnlerce Park Subdivision, at 3650 Commercial C~ourt, Meridian. The addition to this building will extend over the lot line on the west side of said Lot 6. ll1erefore, as 4M Leasing/CaJ.lvest owns both said Lot 5 and Lot 6, Block 2, they have retained our firm to prepare a property line adjustment survey to move said lot line to the west to accommodate the expansion. We have received easement relinquishment letters from all the atIected lltilities and a verbal from Gary Smith at Meridian Public Works. We thank you for you consideratioll of this nlatter. Sincerely, 6<- ames R. Washburn, P .L.8. Survey Coordinator J:\1R W\ko\UtilEase VacApp-Stilcs E'/vhJ~h;+ ItA II / e>'P 4? (/- (/- PARTIAL EASEMENT V ACA rlON The public entity signatory hereto relinquishes any and all of their rights to the following described utilities and drainage easement: The utility and drainage easement along the inside lot line common to Lots 5 and 6, Block 2, of Commerce Park Subdivision, as same is recorded in Book 45 of Plats at Pages 3721 and 3722, official records of Ada County., Idaho, as described by Note 1 on said plat. This relinquishment shall become effective upon your signature hereon. Intermountain Gas Co. Entity ~~ ~~~ Name vlt:1.e.;{J (YJG!/ ~ STATE OF --1.IlA#o ! ) ) SS. COUNTY OF ) On this / 61 day of lJfJ1.J.e?/11~~ , 1999, before me, the undersigned, a Notary Public fn and for sa(d State, personally appeared 3}VV\ ~~~~'-J' ,. know to me to be a duly authorized repr~sentative o~ u ^' J-n4~ ~ (1 ,whose .name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same on behalf of said organization. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. .',..,....." ,~, H '#1. ,...~........ 0 Y'tJ" '#,# ...' ~....... "-I ., ~~.. ,~o\ -. ~. ~ -- ~ ~ ;:...;, · .., I ~ ..., - = ~ : "'6 \ "" ~ _ ......,. ~ , v'" . i-' : - -.. tJ... -.,-. < · : Pot: L.' CM :f-.= _ .J~ . . - -~..(: . c;,= ':.. A.. e. OAr .- ~ ~ V .. ...y · * ~ ~ w# ... .-,: '...,. cf- ........ ~ ...," "I'~ ~ ./f J.. ~"'T~~ ,...' ~J~ a l~ \,t.' ". I J 11111." Commerce Park - Meridian Ex~/lJ ,'-./ 'It I~ dol ~ ,.i// · · // ( ( PARTIAL EASEMENT VACATION I The public entity- signatory hereto relinquishes any arid an of their rights to the following described utilities and drainage easement · The utility and drainage easement along the inside lot line common to Lots 5 and 6, Block 2'r of Commerce Park Subdivision, as same is recorded in Book 45 of Plats at Pages 3721 ~nd 3722, official records of Ada County, Idaho, as described by Note 1 on said plat This relinquishment shall become effective upon 'your signature hereon. 4711- r"_ e.A/3uLLJ S .EA.;/JGF-S Entity ~-"9~/c: ?rC/~A~ Name ,:;:;/' 8C? NS 7: S.a,.pc.R v 6'OJZ..- Title STATE OF 01 ) ) 58. ) COUNTY OF On this / 0 day of 1999. . before me, the undersigned, a Notary Public in and for said State] personally appeared P know to to be a . · duly authori d of f}- J whose name is subscribed to the foregoing instrument, and acknowledged to me that h~/she executed the same on behalf of said organization. .., IN WlTNESS WHEREOFJ I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. · ~....'. PA.I... '..'4 ..",.~~ ~ 't CJt b ~ (,~<#. ~~ . ........ oC'{-<;,. ~ ~ C .. -. - <<.P ~ . ~.e e. 0 --. = 'II ..:iOT A~ L. ..~. ~ : i ~ c \ : : * . ~... : : : ~ :*= -; .. PUBL\C; : ~ tP,... __,: f# -1'# .. ..~" ~ ~ .., r ........ ~~.. . "',#,~. Ii 0 F \1) ~10'\"~- "..".11."'~' Commerce Park - Meridian Ex h J b ;-f Ie Ii II 3 0+ 6 (rc-- - . PARTIAL EASEMENT VACATION .f The public entity signatory hereto relinquishes any and all of their rights to the following described utilities and drainage easement: The utility and drainage easement along the inside lot line common to Lots 5 and 6, Block 2, of Commerce Park Subdivision. as same is recorded in Book 45 of Plats at Pages 3721 and 3722, official records of Ada County, Idaho; as described by Note 1 on .said plat This relinquishment shalf become effective upon your signature hereon. . · ,\ ~.J.i iI t)t~~~ ;:.: · · \,\ p. ~.:: ~1~;~~-- ..w.. "\" _. ..~~~....,. .J.... · ~\.' Cs~: · .~~ ,-:~.. / '.. ~ ~. .'.Al.:..~"" '.: · ::- r.;. ~. '.1... ~*t;( · or.. :...~ '. ..... ~~.!-. I.~"... ... ,. ~ · · ..;.~ -- U B '-. : ..... .%-tS:.......~. ....:.:.: /.: ~.... /./.. . :...~'("\. ,.' ~1/-;1~4:.~....\(: ~'. ~I:::'\'.\ Sig natur ~ ~/j e;v~ ,JUt#!- Titl e STATE OF COUNTY OF /)P# ) ) SS. ) On this / ~ day of ~eR J 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~ ~~ I know to' me to be a duly authorized representative of L/~ a(~ ' whose name is subscribed to the foregoing instrument, and ac.knowledged to me that he/she executed the same on behalf of said organization. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Commerce Park · Meridian ~xh 1'-6 ; f- 1/1 It L./ oP? ( ( PARTIAL EASEMENT VACATION r-)~'I L. ..c . The public entity signatory hereto relinquishes any and all of their rights to the following described utilities and drainage easement: The utility and drainage easement along the inside lot line common to Lots 5 and 6, Block 2, of Commerce Park Subdivision, as same is recorded in Book 45 of Plats at Pages 3721 and 3722, official records, of Ada County, Idaho, as described by Note 1 on said plat. This relinquishment shall become effective upon your signature hereon. City of Meridian Entity GaHf f)J tIm/fh Name STATE OF TD4* ) ) SS. COUNTY OF 40.4- ) On this I b 7J. day of ftllf ydt , ~g~ before me, the undersigned, a Notary Public in and for said State, personally appeared Gq~ OJ J'ml'fh , know to me to be a duly authorize representative of C iftt Of J;1.e Y'ld f Q VI , whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same on behalf of said organization. \\t\" t" ~ ."," ,,\ ~. F r. E f) ,,"I, ", <, -';':::~':_-"nV it / " " ~\ r".~' rr..(H' ~ ""~""' <,;(' d.... f/~;~~: ~~:._~ c~ ~ /:,~ .;~~~~;~ , , I' I ~ I:: G ~: \-.~.)'ii-; \ \ ' 1~lll II I H t" \ \' IN WITNESS WHEREOF. I have hereunto se seal, the day and year in this certificate first abov ri Commerce Park -- Meridian GxA/h/I//111 5 o+'~ (C IDAHOPOWERCO~ANY Partial Release of Easement WHEREAS, by platted subdivision easement recorded in Book 45 of Plats at Pages 3721 and 3722, in the records of Ada Coun~, State of Idaho, Commerce Park Subdivision, granted to IDAHO Pq~R COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power line facilities upon the following premises located in Ada County, State of Idaho, to-wit: Commerce Park. Subdivision located in the SW14. Section p. ,Township ~ North, /!.ange 1 East, B.M., Ada County, Idaho. ' AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREF9RE, in consideration of the premises, IDAHO POWER COlviP ANY does hereby release and abandon that certain portion of the Easement over the following described lands: The utility and drainage easement along the inside lot line common to Lots 5 and 6. Block 2, of Commerce Park Subdivision. as recorded in Book 45 of Plats at Pages 3721 and 3722. official records of Ada CoUnty. Idaho. as described by Note J on said plat. This partial release does not change the 25. 00-f001 easement~long the exterior boundary or adjacent to the street dedicated to the public. ALL RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected'in any way hereby. - IN ~SS WHEREOF, IDAHO POWER .CO~ ANY has pwsed these presents to be executed by Its proper officers thereunto duly authonzed this / 7 . day of December, 1999. IDAHO POWER CO?vIP ANY BY /f? f /1rj'J2~/ R.C. Hillman, Manager Real Property Management - STATEOFIDAHO ) )S8. COUNTY OF ADA ) On this / Sf day of December, 1999;~before me, a Notary Public, p~rsonally appeared R.C. Hillman, Manager, Real Property Management of the corporation that executed the within instrument, and acknowledged to lue' that. such corporation executed the same &S the- free act and deed of said corporation. · IN WITNESS WHEREOF, I have hereunto set my hand and affixe my official seal the day ang,~earlftthi~~ertificaie first above written. ~'\.'\' ~y.. T L · 0 h ##'" ~'\t., e"O"O&~lt 'fr~ ~#" V'W'~~\!. SEAL)~" ~~.~ S l~ -N.OT A~ l... ~t>.~ ~ .. . \, ..( II ,. 5 * : .."..,-,~ ~ * = : ~ f' I : ;. c:. P TJ n 1 '\ "'......1 f! ~ ~ .0'0. '"./ ~ ,/.1 y" $.'?\ ~~ ,,~l. ~~ ~ --1 Jr e.:~"""'tr~' '<:"(r , · of'4'"~.tr. a Of~ t~ t~~ .. .:partiaJ.doc ~ ~rlll~n;~(!('- ot Pub · Residing at: Boise, Idaho My Commission expires: . LJ~t': I tY 2tJtJ 7 E):,/;;\6/1 //1/( & 01'0 ~ \, MARCH 17,2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21 , 2000 APPLICANT: WILLIAM & LUCILLE LEAVELL AGENDA ITEM NUMBER: REQUEST: RZ 99-005 o ORDINANCE - REZONE OF 7.265 ACRES FROM R-8 TO R-15 FOR CREEKSIDE ARBOUR PHASE II AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANN1NG DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: u1/' .-{~ cvf f /0 ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA liON: IDAHO POWER: wJ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMA liON: OTHER: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM~ F. GIORAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F~ NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L~ PRuss ERIC S. ROSSMAN TODD A~ ROSSMAN DAVID M. SWARTLEY TERRENCE Rtt 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) 466~92 72 FAX (208) 466..4405 Email via Internet @ \vfg@wppmg~com · ALSO ADMITTED IN OR ..ALSO ADMITrEU IN WA PLEASE REPLY TO MERIDIAN OFFICE March ~ 2000 RECEIVED MAR 1 5 2000 CITY OF l\flERIDIAN William G. Berg, Jr. Meridian Ci ty Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: WILLIAM D. AND LUCILE M. LEA YELL / CREEICSIDE ARBOUR PHASE II SUBDIVISION RE-ZONING ORDINANCE and CERTIFICATION OF THE CLERI( Dear Will: Please find enclosed the above ordinance for the re-zoning for the William D. and Lucile M. Leavell / Creek.side Arbour Phase II Subdivision. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Re-Zoning are adopted, and the Development Agreement has been signed by the Leavells. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. msg\Z:\Worl(\M\Meridian I 5360M\Creekside Arbor\Clerlc on Ord 030800tLtr ( MARCH 1 7, 2000 MERIDIAN CITY COUNCil MEETING: MARCH 21 , 2000 APPLICANT: EXECUTIVE SESSION AGENDA ITEM NUMBER: REQUEST: RELATING TO THE ACQUISITION OF REAL PROPERTY I NEGOTIATIONS COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. (6 MARCH 1 7 I 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21,2000 APPLICANT: AGENDA ITEM NUMBER: REQUEST: POSSIBLE ACTION - REAL PROPERTY ACQUISITION lb AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( ( RESOLUTION NO. J / I BY: t, , !Jtc?j ('; Jy {lt2WYl ~ 1efJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAJN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 2i~DAY OF ~~ , 2t?oo , BY AND BETWEEN THE CITY OF MERIDIAN AND ST. LUKE'S REGIONAL MEDICAL CENTER, LTD, AN IDAHO NON-PROFIT CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCa OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interest of the City of Meridian to enter into an agreement with ST~ LUKE'S REGIONAL MEDICAL CENTER, LID, AN IDAHO NON-PROFIT CORPORATION, denoted as ''DEVELOP1v1ENT AGREEMENT', a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement~ NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCa, as follows: 1 ~ The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with ST~ LUKE'S REGIONAL MEDICAL CENTER, L TD, AN IDAHO NON-PROFIT CORPORATION, entitled "DEVELOPMENT AGREEMENT)~ dated the 2( 59 day of f11,t.Vl-cA- , 2-00 0 ~ by and between the City of Meridian and St~ Luke's Regional Medical Center, Ltd., an Idaho non-profit corporation, a copy of which is attached hereto marked as Exhibit "A'" to this Resolution and to bind this City to its terms and conditions. s/ PASSED BY THE COUNCa OF THE CITY OF MERIDIAN, IDAHO, this 21 1/ day of f/l1tz,;LcA- ZUc70 RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN - 1 FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ST~ LUKE'S REGIONAL MEDICAL CENTER (~+__u . (~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2i Sf day of m{i/LC/'-' ~ 2000 ~ ATTEST: msg/Z:\Work\M.\Meridian 15360M\StLukes\Dev.AgtnLRes \\\\\\IIU"III/ \\\\ C ME /11/ ,\" __i 0.. flJ1 11// "" ~, <i '4.. //,.. ;- c} o~poR.4 h ~ ~~ ::: ~ G ~A ...-..... :::: '" '-' ~ ~ ~ ~ SEAL ~ j7~ 6'- ---- Q '.os 0 ~ ~;. ..,<>. "lisT 1S"'t ~ ~! r/ ..1 ^~ "" //// COUa.~--.J ~ ,,~ I,,)/} I'I~ 1 ' \\\\'\ Jlli!~r=j ~$H\\\\ RESOLUTION OF THE CITY OF 1vIERIDIAN, AUTHORIZING CERTAIN - 2 FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ST. LUKE'S REGIONAL 1vIEDICAL CENTER ( ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected CIerI, of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City ClerIc of this City, I aln the custodian of its records and mi11utes and do hereby certify that on the 2($? day of l11.~cIv , ~looOl the following action has been tal<.en and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN _ AGREEMENT ENTITLED ((DEVELOPMENT AGREEMENT", DATED THE ZISY DAY OF mCl/L~ ~9~ BY AND BETWEEN THE CITY OF MERIDIAN AND ST. LDICE'S REGIONAL MEDICAL CENTER, LTD, AN IDAHO NON- PROFIT CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interest of the City of Meridian to enter into an agreelnent with ST. LUICE'S REGIONAL MEDICAL CENTER, LTD, AN IDAHO NON-PROFIT CORPORATION, de110ted as "DEVELOPMENT AGREEMENT", a copy of wl1ich is attached hereto Inarlced as Exhibit uA" to this Resolution, the reaS011S and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor a11d ClerIc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreelnent with ST. LUICE'S REGIONAL MEDICAL CENTER, LTD, AN IDAHO NON-PROFIT CORPORATION, entitled uDEVELOPMENT AGREEMENT" dated the 2-r 5"p day of fl,taA-viv , ~200D) t""" \, by a11d between the City of Meridian and St. Lulce's Regional Medical Center, Ltd., an Idaho n011-profit corporation, a copy of which is attached hereto marlced as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \\\\\UUHlf/J/1 \\\ t: M ~ 1,/ ... ..:~.\ \...1 OT · C/Tf/1. Ii;,) .....' · ~ ~ ~Ub, J1;. ~'o. ~~~ -71,- ~< ~ . ~Q--r .. ~ ~ :2 ~ 0'" ~WILLIAM G. BERG, J kITY CLERI( & ~ -;. OUi ,~ -.0 ~ ~/ 70 '. ~r 1~ ' XC' $ ~;'>.... .. / '\ <'\. ~ ~~ .. /~/.~ C.OUr..~'Y'l ~,1 "" '''/11',- j~" '\\\\\ ) II · ""' .t \... ~ ~ ~ T I""~ II- \ , \ \ , · : ~ II" I ". l .. ; SEAL STATE OF IDAHO, : ss. COU11ty of Ada, ) I} I SJ- 1m - Zoo 0 On this L.A- day of , , t I , in the year 1-999, before me, ~{~ .8', l .' yv1~ , a Notary Public, appeared WILLIAM Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the saIne on behalf of the City of Meridian. (SEAL) 0....._ ..~ U -. ..~...~:._--Q~ +. .~,~oT~;~1~.. .h~'~ ~-'~. -;:;:: \~. · ,..,.. J * *...6., \ a · ell: - Jl(.> II a , , . . \ I II . \ I " . \ / . 6. <P~'~\S:~O.. . "'.~~---- ~.. .~.;~OFiO... .....- Nota lic for Idaho Commission Expires: q/~b~O msglZ:\ W ork\M\Meridian 153 60:M\StLukes\CERT ofCLI(for .RES ( ( ffLucll-o k/ tfCtlJt--ded-~ fJw / /7 L/~ - 0 ;L,t,~ EASEMENT 2/ ~ay of fJ1tv1-C~ ,2000, between the City 1 __' , _dH='~<~_~_? ~T_~__:;~ I ration, hereafter referred to as "Grantor", and Nampa & i~P t1vt) A ,/ Lc It . ~ ~ /,(1 irrigation district organized under the laws of the State of v .:..:...~:-- Idaho, hereafter referred to as "Grantee", :1 WHEREAS, Grantor is the owner of certain property more specifically described in Exhibit A and incorporated herein by reference. WHEREAS, Grantee desires an easement for ingress and egress over the property of Grantor, and Grantor has agreed, for good and valuable consideration, to grant to Grantee an easement for ingress and egress in the property more specifically described in Exhibit 8 and incorporated herein by reference, for the purpose of ingress and egress to install, maintain and operate an irrigation pipeiine and pump station. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for ingress and egress over and across the property more specifically described in Exhibit 8 for the purpose of ingress and egress to install, maintain and operate an irrigation pipeline and pump station in the property more specifically described in Exhibit Band incorporated herein by reference. EASEMENT.. PAGE 1 ( (''"" - This Easement shall be perpetual and continue so long as it may be necessary and required by Grantee to operate, maintain and repair the irrigation pipeline and pump station. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Ingress - Egress Easement the day and year first above written. STATE OF IDAHO ) ) ) COUNTY OF ADA THE CITY OF MERIDIAN By W~ William G. Berg, Jr., City C r Ci~ to~ Y\M, ApY' ywcc{ 3/21/ 'U)oO 55: On this day of JYV\,rl{' ~ L.-; 2000, 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 r,,1ayor and City Clerk of the City af f\,~eridian that executed the foregoi~g 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 abo;Je written. tOy Notafy-.fYublic for Idaho Residing at: IrltLltl'~/l- My commission expires: ........ .- S~}O.. .. ...---......~./!j.. ..~{;,/ ~ ;;'~r... . .~ I 6tf'" 0 \~ .. . t::1 " ,..j ,. · rJ 0 f d.... ~r-f · .~\ ~ >,\-(- ~. 'C\~ ~ ~,{Q: _ ~" l1!4). T..,/ ~ . 'tj.', tII" ~ ~.~ 0 '..... ..~ ~ ~ ~~~~ . ~ EASEMENT - PAGE~.a.Y...9. , Idaho f ( EXHIBIT "AU (~M' Be t+~ T V1 l \ i.) The Southwest 1/4 of the Northwest 1/4, Section I, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho · and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO. 2, Ada County, Idaho, more particularly described as follows: CGmmencing at the quarter corner common to sections 1 and 2, Township 3' North, Range '1 West, Boise-Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-af-way line. North 0 degrees 00'29" West 85.00 feet; thence leaving said right-af-way line South 89 degrees 27'12- East 120.00 feet; thence. South 0 degrees 00'29" East 85.00 feet; thence North 89 degrees 27'12- West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN sUBqrvIsloN lying within the Southwest quarter of the Northwest quarter Section 1, - Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right-af-way for LINDER ROAD. ( Exhibit "AH( ( ~. \ ~ ~\ V\ ~ ~ J A parcel of land wholly contained within the SE 1/4 of the NW 1/4 of Section 1, T. 3N., R. lW., B.M., Ada County, Idaho, and lying Southwesterly of the centerline of the Five Mile Drain and West of the Easterly right-af-way of NW 11th Avenue as extended, more particularly described as follows: Commencing at the West quarter corner of Section 1, T. 3 N., R. 1 W., B.M., thence North 89-48'20" East, 1,327.65 feet to the C-W 1/16 corner, common to the Northwest corner of Lot 18, Block 6, of Meadowview No.2 Subdivision as recorded in Book 50 of Plats at Page 4100, records of Ada County, Idaho, said point be~ng the REAL POINT OF BEGINNING. thence North 00-40'51" West along the West boundary of the SE 1/4 of the NW 1/4 of said Section If approximately 140.00 fe~t to the center of the Five M~le Drain; thence South 60-11'17" East along the centerline of the Five Mile Drain approximately 174.59 feet to a point lying on the extension of the Easterly right-af-way of NW 11th Avenue; thence South 00-11'40" East, 52.68 feet to the NW Corner of Lot 1, Block 13 of Meadowview No. 2 Subdivision; thence South 89-48'20" West, 150.00 feet to the Point of Beginning. Subject to a right-ai-way easement for the Five Mile Drain. Containing approximately 0.33 acres. ~ BROSE.. ~G ERALO OOKSTON ~n e-y. and In..lon. Bo x 4.X1 ~ I &1\, Idaho ~ .~~1 l"r'" f" "" -" " \, EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO INGRESS-EGRESS EASEMENT An easement for ingress-egress purposes located in the NW ~ of Section 1, Township 3 No~ Range 1 West~ Boise Meridian, Ada County, Idaho, more particularly described as fo 110 ws: Commencing at the southwesterly comer of said NW~; Thence N 0045' 12" W along the westerly boundary of said N\V ~ a distance of 886.90 feet to a JXlint; Thence leaving said westerly boundary N 89014'48" E a distance of 45.00 feet to the POINT OF BEGINNING; Thence N 0045'12" W a distance of 44.48 feet to a point; Thence S 33<>21 '56" E a distance of67.60 feet to a point; Thence S 39048'39" W a distance of 14.23 feet to a point; Thence N 50011 '21" Wa distance of35.78 feet to the POINT OF BEGINNING. This parcel contains I ,065 square feet (0.0244 acres). Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 24, 1997 E~;bi-+ B ( - \. RECORDEO-REOUE /dJ.~ COUHT'( RECORDER .c:::;tZ) .J .] !\'~. i[t H.6 V:\RRO fEE V DEPt.1TY .' .'. -:':; '::-. .~. :~ ~ J 999 MR I 8 P Ii 1: 3 6 to f1 9 9 Q 2 6 4 3 3 SEWER EASEl\1ENT AGREEMENT For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, James F. Griffin, a single man dealing with his separate property, whose address is 705 North 9th Street, Boise, Idaho 83702, herein referred to as Grantor~ does hereby grant, bargain, sell, transfer and convey unto the City of Meridian, an Idaho municipal corporation, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, herein referred to as Grantee, its successors and assigns, the following: 1) A non-exclusive, temporary construction license on the real property graphically depicted and legally described on Exhibit A, attached hereto and incorporated herein by this reference ("License Premises "), for the construction and installation of an eigh t- inch (811) sewer stub line underneath Five Mile Creek C'Stub Linell) running westerly from the base of manhole 22 for a distance of one hundred and twenty feet (120') and the right of ingress and egress to and from Locust Grove Road over the License Premises and the right to stage and store construction equipment and building materials on that portion of the License Premises designated as the IIStaging Areall on Exhibit B (referred to collectively herein as the IIConstruction License"); and 2) A non-exclusive permanent easement across and under the real property legally described on Exhibit C, attached hereto and incorporated herein by tbis reference, and graphically depicted on Exhibit C-l, attached hereto and incorporated herein by this reference (IIEasement Premises") for construction, operation, inspection and maintenance of the Stub Line (ttRepair and Operationlt) ("Permanent Easementll). Grantor covenants that Grantor is possessed of a fee simple estate in the License Premises and the Easement Premises and has all authority necessary to grant the Construction License and the Permanent Easement and that Grantor will construct no permanent structure(s) on, under or over the License Premises and Easement Premises except as provided herein or as provided in that certain Sewer Easement Agreement between Grantor an<J Grantee executed April 21, 1995, and recorded May 17,1995, as Instrument No. 95033514tfecords of Ada County, if any; Grantee shall complete the Work no later than three (3) months from the date this Temporary Construction License and Sewer Easement Agreement ("Agreementlf) is executed. If the Work is not completed within three (3) months from the date of execution hereof, all rights of Grantee under this Agreement shall terminate. The Construction License shall terminate, under all circumstances, upon the earlier of three (3) months from the date of execution hereof or Grantee's completion of the Stub Line. Grantee covenants that Grantee, its agents, contractors and subcontractors shall diligently complete the Stub Line and diligently perform any Repair and Operation in a good TEMPORARY CONSTRUCTION UCENSE ANDSEWEREASEMENTAGREE~NT-l 2515\ 15\SE\^l~XC2.CL2 (' ( and workmanlike manner, in comp~iance with all applicable federal, state and local laws, rules and regulations and obtain any and all pennits and approvals required in connection with completion of the Stub Line and performance of the Repair and Operation, including without limitation those related to the Clean Water Act and/or relating to hazardous substances (as hereinafter defined) and will take all precautions reasonably necessary to avoid the risk of harm to person or property. Grantee covenants that after tennination of the Construction License, and within fourteen (14) days thereof, Grantee shall remove all of Grantee's personnel and property from the License Premises, including, without limitation, all rubbish, waste, debris or other similar materials or byproducts of Grantee's use of the License Premises for the purposes set forth herein ("Removal"). If Grantee does not complete the Removal within fourteen (14) days, Grantor shall have the right, without notice to Grantee, to complete the Removal in a reasonable manner as necessary in the sole discretion of Grantor and Grantee shall reimburse Grantor for the reasonable costs and expenses incurred by Grantor in completing the Removal. Grantee covenants that upon completion of the Stub Line and any Repair and Operation (from time to time), Grantee will restore the surface of the ground to a condition which is as near as practicable to the condition in which the surface of the real property existed prior to the commencement of the construction of the Stub Line and/or Repair and Operation. Grantee further covenants that neither it, its agents or contractors will prevent access to any home or business affected by the Construction License or the Permanent Easement and Grantee shall make all reasonable efforts to minimize interference with the operation of any business or the use and peaceful enjoyment of any homes affected by the Construction License or the Permanent Easement. Grantee shall, at Grantee's sole cost and expense, construct the Stub Line running westerly from the base of manhole 22 for a distance of one hundred and twenty feet (120') in the location indicated on Exhibit C-l. The Stub Line will be capped and the end point will be marked with a two inch by four inch (2" by 4") wooden post vertically buried at the end of the Stub Line to ground surface with wire wrapped around the wood post for metal detection. Grantee will provide Grantor with a drawing showing the field location and elevation of the- Stub Line. Grantee covenants that the Stub Line shall be accessible from all of Grantor's property depicted on Exhibit C-l C1Grantor's Property"), from the west side of Five Mile Creek, and Grantee shall continuously and uninterruptedly provide sewer service to - the Grantor's Property through the Stub Line, subject to Grantor's compliance with all applicable city or county ordinances. Grantee will at all times keep and maintain adequate equipment and personnel to service the usual and ordinary demands and requirements of sewer service for the residents of the Grantor's Property. Grantee will defend, indemnify and hold Grantor and Grantor's successors and assigns, har~less from any losses, claims, allegations, actions, damages, costs, expenses, liability or judgments, including attorneys fees, for damages or injuries to persons or TEMPORARY CONSTRUCTION LICENSE AND SEWER EASEMENT AGREEMENT - 2 2515\ 15\SEW-XC2~CL2 ( ( property, and/or loss of use to any tenant of Grantor caused by, arising out of, or associated with the construction of the Stub Line and performance of Repair and Operation or use by Grantee, its assigns, contractors and/or subcontractors, of the License Premises and Easement Premises granted hereby. Grantee covenants that no hazardous substance (as hereinafter defined) shall contaminate or be stored, released or disposed of in, on or under the License Premises or the Easement Premises. Grantee will defend, indemnify and hold Grantor and Grantor's successors and assigns harmless from any losses, claims, allegations, actions, damages, costs, expenses, liability or judgments, including attorneys' fees, that Grantor or Grantor's successors and assigns may suffer as a result of any and all claims, allegations, demands, costs or judgments made against Grantor, his successors and assigns, by any third party, including, without limitation, a government authority, arising from the deposit, storage, disposal, burial, dumping, injecting, spilling, leaking or other placement or release in, on, or under the License Premises or the Easement Premises, and any property of Grantor contiguous thereto, of any IIhazardous substance. II For the purpose of this Agreement, "hazardous substance" shall include, but not be limited to, substances that are: toxic, corrosive, inflammable, ignitable, or explosive; sewage, asbestos, radioactive materials, petroleum or petroleum based products, hazardous wastes, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials, and substances which are or may be defmed as IIhazardous substances II, tlhazardous materials" or "toxic substances" in any applicable federal or state statute or county or municipal law or ordinance, as may be amended from time to time. Grantee shall provide Grantor with seven (7) days prior written notice of Grantee's construction of the Stub Line and performance of any Repair and Operation and shall cooperate and coordinate with Grantor closely to insure that the construction of the Stub Line and the performance of any Repair and Operation are conducted in a way which are not unreasonably disruptive to Grantor and Grantor's licensees, invitees or guests on the License Premises or the Easement Premises. No advance notification shall be required of Grantee in the event of an actual emergency presenting an unreasonable risk of harm to person or property. Grantee covenants that existing trees along or on the License Premises and Easement Premises be retained and protected during the construction of the Stub Line and performance of the Repair and Operation. Grantor reserves the right to, and Grantee agrees that, the Licens.e Premises, Easement Premises and Stub Line may be relocated at Grantor's sole cost and expense, subject to Grantee's approval, such approval not to be unreasonably withheld or delayed; provided, however, that Grantor's relocation of the License Premises, Easement Premises and the Stub Line will not reduce the size of, or limit the scope of the Construction License and/or the Pennanent Easement. Both Grantee and Grantor acknowledge that the Easement Premises may become an amenity for a future development and as such will include various architectural surface TEMPORARY CONSTRUCTION LICENSE AND SEWER EASElVIENT AGREElVIENT - 3 2515\ 15\SEW.XG2.Cl2 ( ( treatments and plantings. Those treatments and plantings, which may include fences, shall not unreasonably hinder the Grantee's ability to construct the Stub Line or perform the Repair and Operation, and may be removed at Grantee's discretion and reinstalled at Grantee's sole cost and expense. Grantor reserves the right to make any use of the License Premises and Easement Premises, including the right to landscape the License Premises and Easement Premises, which will not substantially interfere with Grantee's use of the License Premises and the Easement Premises. In the event of a breach hereunder by Grantor or Grantee, the non-breaching party shall have all remedies available at law or in equity, including injunctive or other equitable relief. In any suit, action or appeal therefrom to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and costs, and also including reasonable attorneys' fees and costs associated with any appeal of a judgment. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by that party. Grantee and Grantor agree that this Agreement shall not be modified unless expressly agreed to in writing by each of them. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the License Premises or Easement Premises to the general public, it being the intention of the Grantor and Gr~tee that this Agreement shall be strictly limited to and for the purposes herein. This Agreement shall be binding upon and shall inure to the benefit of Grantor and Grantee, and their respective heirs, personal representatives, successors and assigns and shall constitute a covenant running with the land. Grantee shall not assign its rights and obligations hereunder to any third party, without Grantor's written approval. TEMPORARY CONSTRUCTION LICENSE AND SEWER EASEl\1ENT AGREElVIENT - 4 2515\ 15\SEW-XG2.CL2 (f~- \. ( IN WITNESS WHEREOF, the parties have executed this Tern porary Construction License and Sewer Easement Agreement effective as of /llti1,C/~ /'6-13- ,1999. GRANTOR: GRANTEE: CITY OF 1fERIDIAN, an Idaho municipal corporation SE!1.L :: - ~ B 2 ~ ~ ~ 0 ~ ~ ._~I ~w , ~ ~ us; 1<'"':\ · ~~ $' ~"/ <?:.., ~ ~,... ':'<.~ r , C '''' " ,1r./ll\ OUtJ~f'{ t \,\", I . II \\ \ \ IltUtI.i U\\\ TEMPORARY CONSTRUCTION LICENSE AND SEWER EASEMENT AGREEMENT - 5 2515\ 15\5 EW~XC2.CL2 r' ., < (- STATE OF IDAHO ) ) County of Ada ) On this Ire. day of 1999, before me, MIlL) R. '-4~814-t~ / , personally appeared JAMES F. GR FIN, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. d my official seal NOTARY PUBLIC FOR IDAHO Residing at r:sc /,0 My Commission Expires -:zt:Jt:rl) STATE OF IDAHO ) ) County of Ada ) On this day of 1999, before me, 1m s personally appeared ROBERT CORRIE and WILLIAM G. BER own 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 in this certificate fi st above written. ",G...,...." ,,~, L :',,~ 4)....~'\ 0 -eL · SJ: ''''#, ~'" ~ ........ ~ ~ $ ~ tJ~l' -.. :.p ~ rl7. e. ~ (!; ... ~ 0 T AJ? 1'...... ~ ~ : ~ ~.: [: * · ....0.... : : ~ : ..*= ..,. · ^ C II ; ~ ~ U B L \. .: $ cfo ~ g.. . ~ ~ .?> -.. ..~A.~O $ ,,# ~ 7' ....... ~ '\oJ" ~... ""4", lJ 0 F 1)) ,..",.. #',8',"11."'...... p Residin at I My Commission Expires .~ TEMPORARY CONSTRUCTION LICENSE ANDSEWEREASEMENTAGREEMENT-6 2515\ 15\8 EW~XC2.CL2 U1 U11- Wz Uw Ck:U~ O<(w L.a.... w Zo::: :r:O,-, ui=<( WUW ~::JCJ) U)O:::Z t:>W zU O:J u N :::;;:: I I I I I II- I I I ill o I~ I I~ L() I~ I lro I I I 11 I I Hl~ON aJl~ (Lt.6l~L r"j co w ~~ L()~ -.00 m n'- .~ ~N (f) N N ~ (' ~ r-.;- t[)O .0 ~. NO . C'J to,..- ~ (f) n N ::;t:: I 2 (J) (f) ~ z. ~o~ 0::000 Ww ... ~(f)t.J 0:::.. o..~r-: "0:: z~ E~i ~z a::: I"') <-.? - . NI- " (f) ,L t' 6 ZS: l H1CiON 3^OCi~ lSn:JOl .S ( ~ N ~ I 2 if) if) U1 co m 8 o C(80'l ~ U l.JJ ~ r'""') 0 Z I N ~ z~ I !;; o :5;:::: ~ ~ Z a.. l"'}co t') · · ~ I ~ ...... Oa:)~ r:J ~o e; .gN ~ ,.c;.... ... ~ C3 CI1~~~ Z ~ <5 l.J.... ~ ~ OeD . ~ ~ · a:) ~ ZC(oco o ~ Cl::: N E-t U1~ ~ ~ Sr-r)~ o o~~ ~ . co I W <2: :zco~ ~ U1 ~ 0 -r::: ~ a: ~ N ~ =r: tj~w ~ e--. z z <.:) o C3 ~ 0 ~ ~ ~ d; ~ ~ o o -.:r 0::: W Z 0::: o o ~ " EXHIBIT A (/) (/)1- Wz Uw Ck:U~ o<w u....z~ IOe> UI-< ~Uw ~::>(J) U)Ck:z I-w ~U 0-1 U ( W r0 ~~ N l.()~ N ==+t:: ~aJ N OJ · ~ I n~ :2 .v ~N (f) fJ) N ~ II I I \(-.- I I I ill o I~ I~ I I aJ I I I II I I Hl~ON ro ~ .Lv.6lS:- L f"j CO 3: 1-0- lOO - 0 ~. NO .N 1O......- f'- U1 I'-- z. ~O~ o:::t)(l) Ww .. ~(J)W Ct:: - CLv': '0:: z,...... E3::i -z 0:: t'J ~ .. . Nt- , U1 4Lv.6Z~l Hlt10N 3^Otl~ lSnJOl .S ( \ .. .~ N ==tt::: :r: 2 (f) (J) -=StCl3ln5 A(e.CL o o v ~ V1 gg g;- ~ o cr: 0 l"'1 I U ~~, N ~ z~ I :;: o :3 ~ ~ ~ Z a..~n.. ....... co f CD 0:: oroSS c::J ~o ~ .aN g; Z -..-.... 1--4 uJXS o f.J1 if) ~ J:::::... Z ~o"'- ~ r:a Oeo . ~ ~. ~ Z > ex:> Q O a:: a OJ :J a::: N ~(J)~N ~ --J,J,~ o ~NCl I or')~ . CD I l..L.J ~ zco~ (/}~a< a:: z N ~ ::r: W:c ~. 0' ~ ~<.)~8 o C3~ 0 ~ o Z l"- :r: l:f E-t w m c.. u.J 0::: W Z n:: o o ~ " EXHIBIT B ( ( PROJECT: DATE: PAGE: 93047 February 27, 1998 1 of 1 GRIFFIN PROPERTY 20 FOOT WIDE SEWER EASEl\1ENT FOR THE CITY OF NIERIDIAL~ A 20 foot wide permanent sanitary sewer easement being 10 feet on each side of the following described centerline, being situated in the S V2 of the NW 1A of Section 17, T. 3 N ., R. 1 E., B. M. , City of Meridian, Ada County, Idaho, described as follows: COl\1MENClNG at a brass cap monument in S. Locust Grove marking the northwesterly corner of said Section 17 as shown on Record-Of-Survey No. 1199 recorded in Ada County as Index No. 311-17 -4-0-0-0-0, said corner being located N. 00000' 00 If E., 2658. 94 feet from an iron pin marking the west IA corner of said Section 17; thence, A) S.OooQ'OQ"W., 1329.47 feet along the westerly boundary line of said Section 17 to a point marking the northwesterly property comer of the James F. Griffm parcel per said Record-Of-Survey; thence leaving the westerly boundary line of said section 17, and running along the northerly boundary line of said James F. Griffm parcel, B) N.89030'51IlE., 1341.12 feet to a point; thenceleaving the said northerly boundary line of said parcel, C) S.17039'54"E., 35.56 feet to an existing sewer manhole which is the sixth turning point of the Sewer Easement Agreement as recorded in Instrument No. 95033514 dated April 21, 1995 ; thence, D) S . 17 039' 54 11 E., 232.42 feet to an existing manhole which is the fifth turning po int of the Sewer Easement Agreement as recorded in IJ?strument No. 95033514 dated April 21, 1995 to the POINT OF BEGINNING; thence, 1.) S.76024'53"W., 120.00 feet to the POINT OF TERMINUS, SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. Sketch attached, and by this reference made a part hereof. EXHIB IT C z o o:::i= o:::Wo... 03:0::: la..WU cnen W :CWO Uo W3:1- ~ ~ cn"~ . 0 ..:= NW en ~ ( w ;r~ l[)CO -m (j). nr" .co N "'-N ~ I 2 c.n (f) N N ~ :c ~ W W cr: U W .-J ~ L{) -J U N ~ r<) w L() o n en CO z ~ n~ L{)O .0 ~. NO .N <D~ ~ (() ( com ~ 0 2i 8 0). ? U WN n ~ N Z I ~ r!- ~ a Z:! tr) 25 :3 r----. N ~ I Z a.nn .. 2 ..... co I co P:: c.oQ U1 C:iJ 0 (fJ r:eJ ~~ca / Z '9 01 11II.. ............ C; U1~~ ~ / Z Ct:5 ~ r:J Oeo . ~ ,-..; / ~ ~ · CXJ ~ N / Z fro co ~ o -~N E-t u1~ N I / ~ --JJ,~ 2 / o :::>N~ if) I On.:::E ,CD I tG U1 / ~ zco~ CIl ~ 0 r:::" c:::z N ~ ::I:: w s: .. G'1 E-t WUW ~ Z Z c:..:t o 6::::0 ~ o Zt"I Cf E-t wO)o- L.U ~~ ~ \ -"' l"- z ~g . Cc::uw Ww o...U1r- o · 0:: .. a::: 0... Z : zr-Z G:::>l"'1 LL- :> . ~Zl- o . N " ~ (f) o o v o o N II ---,.-:z ~~ ~ W -.J < U en 0::: W Z a::: o u ~ " o o ,Lt"6Z<ZL Hl~ON 3^OCJ:> lSnJOl "S EXHIBIT C-l ( ( RESOLUTION NO. BY: /~el'tA ,&;'rcL {1th? {~c~~ j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "TEMPORARY CONSTRUCTION LICENSE AND SEWER EASEMENT AGREEMENT", DATED THE f!! DAY OF /l1 M,C~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND JAMES F. GRIFFIN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with JAMES F. GRIFFIN, denoted as "TEl\1PORARY CONSTRUCTION LICENSE AND SEWER EASE11ENT AGREEl\1ENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with JAMES F. GRIFFIN, entitled "TEMPORARY CONSTRUCTION LICENSE AND SEWER EASEl\1ENT AGREE11ENT' a copy of which is attached RESOLUTION OF THE CITY OF 1v1ERIDIAN, AUfHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A SEWER EASErvIENT AGREElvIENT WITH JNvfES F. GRIFFIN ..... ..r.'-. .. ( ( hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6~day of /J?a'lc/z" , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 160 day of mctl,C;~ ,1999. A.TTEST: 2 ~ ..... ..... ~ PREPARED BY ANGEL SIMS, CITY CLERK'S OFFICE RESOLUTION OF THE CITY OF ~RIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A SEWER EASE~NT AGREEl\1ENT WITH JAMES F. GRIFFIN 2 C' ( . Offi ce of the City Attorney 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian 10 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com RECEIVED To: Gary Smith and Bruce Freckelton MAR 1 i 1999 cc Mayor CIn" OF }IERIDL~'i City C Jerk From: Bill Gigray, City Attorney ~ Re: Temporary Construction License and Sewer Easement Agreement James F. Griffin Grantor Date: March 9, 1999 Enclosure: Draft copy of Temporary Construction License and Sewer Easement Agreement James F. Griffin Grantor Information: I reviewed at the request of the Mayor this proposed agreement. It appears to be in proper form. Please review to determine that the easement right that is provided is as it should be and due to the fact that this is a non exclusive easement that the other development that is allowed is compatible with the City's intended use and needs. I am also of the opinion that this agreement should be recorded. The signature provisions are acknowledged so it can be recorded. Requested Action: Please advise the Mayor whether this matter should be considered in the consent agenda or during th~ Public Works Director's report. The City Clerk after a resolution authorizing the signature of the Agreement should cause the same to be recorded. (" GIVENS PURSLEY LLP ( LAW OFFICES 277 North 6th Street Suite 200 PO Box mo, Boise, Idaho 83701 TE1.EPHONE: 208 388-1200 FACSIMIL!:: 208 388-1201 Ga'Y Gt AUen Christopher J. Beeson Michael Ct Creamer Thomas E. Dvorak Roy Lewis Eiguren Jeffrey C. Faraday L. W. Grant III Richard Wt Jankowski Karl T. Klein David R. Lombardi Kimberly D. Maloney Kenneth R. McClure Cynth ia A& M ell II 0 Christopher H. Meyer L~ Edward Miller Patrick J~ Miller Judson B4 Montgomery Aaron H. Nemec w. Hugh Q'Riardan Kenneth L. Pursley Conley Ward Steven R. Weeks Stephanie C. Westermeier Robert B. White Raymond Dt Givens James A1 McClure February 24, 1999 Bruce Freckleton City of Meridian 33 East Idaho Avenue Meridian, ID 83642 · RFrFI\lED ~ ~ ~ ~ 5 4 n t~ Q r t ~ L i,.,:j~ JUDSON B. MONTGOMERY DIRECT DIAL (208) 368-1202 MERiDIAN CITY ENGINEER Re: Our file: Five Mile Creek 2515-15 Dear Bruce: Pursuant to your request, enclosed please find an execution original and a redlined copy of the Temporary Construction License and Sewer Easement Agreement, for your review. Jim Griffin has already signed the execution original of the Agreement. We have incorporated all of the agreed upon changes into the Agreement, and all of the substantive additions and deletions are indicated on the enclosed redlined document. Per your request, we have also reviewed the distance calls in the legal descriptions on the exhibits to the Agreement, and we believe that they are accurate. If you have any continuing conceTIlS about the distance calls, please feel free to contact Richard Orton at Toothman-Orton concerning that issue. If the revised Agreement meets with your approval, please insert the effective date of the Agreement on page 5 of the execution original, and have the City's authorized signatories sign that document in the indicated spaces before a notary. Please let us know when the City has executed the Agreement, and we will send a runner to pick it up, and record it with Ada County Recorder. After recordation, we will return the recorded original of the Agreement to you for your files. Further, when the City is ready to install the sewer stub line, we would appreciate you providing Jim Griffin and us with 7 days prior written notice before commencing construction. We would appreciate you providing similar notice when ( /" ( Bruce Freckleton February 24,_ 1999 Page 2 the City is performing any subsequent operation, maintenance or repair activities to the sewer stub line. After the City completes the initial installation, please let us know and we will forward you the money in our possession for the cost of construction, exclusive of our client's out of pocket engineering and legal fees. On a related note, you had previously indicated your belief that the City had constructed stub lines from Manhole Nos. 21 and 23 pursuant to the original Sewer Easement Agreement. We woUld appreciate you confirming that those stub lines were actually constructed via written letter before the City begins construction on the new sewer stub line from Manhole No. 22. Thank you for your attention to these matters. If you have any questions or comments regarding the enclosed materials, please do not hesitate to call David Lombardi or me. Very truly yours, ~, Judson B. Montgomery JBM:slc Enclosure cc: Jim Griffin David Lombardi Richard Orton 2515\ 15\CO RR\FR ECKLO 1.JBM Community Planning Association (!) g !J NOTICE TO CITY HALLS AND LIBRARIES IN ADA COUNTY AMENDMENTS TO DES TINA TION 2020 PLEASE MAKE THE ATTACHED MATERIALS AVAILABLE TO THE PUBLIC PRIOR TO A PUBLIC HEARING BEING HELD ON 6:00 P.M., THURSDAY, MARCH 16,2000 AT THE WEST PARK EVENTS CENTER, 7071 EMERALD, BOISE The Public Hearing Is Being Held to Receive Comments On Proposed Amendments to Destination 2020, The Regional Transportation Plan for Ada County Adopted July 19, 1999 Amendments, as necessary to reflect changes, include to wit: · Widen Curtis Road north of Fairview Avenue from two to four through lanes (with provisions for turning lanes) · Extend 36th Street to Bogus Basin Road · Incorporate by reference the Interim Foothills Transportation Plan as a policy These amendments also require an updated Air Quality Conformity determination (also attached) K:\Data\wp\RTP 2020\Publ_Hearing\Curtis Road\City Hall Memo 413 W. Idaho · Suite 100 · Boise,ID 83702. (208) 345-5274 · Fax (208) 345-5279 · www.planning.cog.id.us ;( f Community Planning Association (!J g !J February 29,2000 Dear Citizens: Re: COMPASS Public Hearing on Amendments to Destination 2020, the Regional Transportation Plan for Ada County, at 6:00 p.m., Thursday, March 16, 2000, West Park Events Center, 7071 Emerald Street, Boise Ada Planning Association (APA) - now known as Community Planning Association of Southwest Idaho (COMPASS) - updated Destination 2015, the Regional Transportation Plan for Ada County on July 19, 1999; it is now known as Destination 2020. Citizens were active in the update process by attending public workshops, participating on Community Teams, commenting at public hearings and reviewing draft documents. The complete text of Destination 2020 has now been drafted. 1. Widen Curtis Road north of Fairview Avenue from two to four through lanes (with provisions for turning lanes): The BenchNalley Study prepared for Ada County Highway District and adopted by the Ada Planning Association Board states: uTraffic counts taken in 1994 indicate that 11 ,000 vehicles/day currently use Curtis Road. Traffic here and on Mountain View have serious congestion during the peak period. The model indicates that the traffic demand for Curtis in year 2015 is 28,300 vehicles/day. Volumes this high need five lanes. . ." "Based on these considerations and frequent congestion on the road today, the study team believes that the Curtis/Ustick extensions should be built. However, the study team proposes that the Curtis extension be built at an interim 3-lanes as a first phase towards developing the ultimate 5-lane road" (page 49). Curtis Road traffic counts are currently 24,070 vehicles/day (02/23/00), which exceeds capacity for a two-lane road. Ada County Highway District has asked the COMPASS Board to consider adding this widening of Curtis Road to Destination 2020. 2. Incorporate by reference the Interim Foothills Transportation Plan as a policy: As part of the process leading to the adoption of Destination 2020 on July 19, 1999, the City of Boise, Ada County Highway District and Ada County recommended the inclusion of the Interim Transportation Foothills Plan (accepted for distribution by the Ada Planning Association Board on July 20, 1998) in Destination 2020. This amendment incorporates by reference the Interim Foothills Transportation Plan as a policy in Destination 2020. 413 W. Idaho · Suite 100. Boise, ID 83702. (208) 345-5274 · Fax (208) 345-5279 · www.planllil1g.Cog.id.l~S Page 2 COMPASS Public Hearing 3. Extend 36th Street to Bogus Basin Road: The extension of 36th Street to Bogus Basin Road was included in the Interim Foothills Transpor- tation Plan and was inadvertently omitted from the list of projects planned for construction within the next twenty years. The above amendment includes the extension of 36th Street in the Desti- nation 2020 list of construction projects to be completed in the next twenty years. Additions #1 and #3 also require an updated Air Quality Conformity determination. The Air Quality Conformity is attached. It reflects an overall reduction in carbon monoxide (CO) and particulate matter (PM 1 0) emissions with the above two project additions. Attached are the following informational materials: Attachment I o Revised Table 5-2, page 4-5, Transportation Projects Planned for Construction Within the Next 20 Years. Curtis Road and 36th Street projects are shown added as items 42 and 43. The total dollar amount shown in the draft was in error due to a project cost not being included and should have read $242,479,800 instead of the $237,301 ,350 shown. With the two added projects, the total cost would be $249,437,300. o A map showing added transportation projects in the Boise and Garden City Planning Areas Within the Next 20 Years, Proposed Additions: March 1, 2000 If approved, these projects would be added to Figure 5-2, page 7, Chapter 5. Attachment II o Destination 2020 Air Quality Conformity Revision Summary The changes proposed above to Destination 2020 would also require modifications to the document as noted below: o Text on Funding Needs and Potential Resources shown in Chapter 5, pages 11-13: The proposed roadway projects above would increase the references shown in the draft to $249.4 million worth of capacity improvements to roadways versus the $237.3 million listed previously. Financial need would increased to $13.3 million per year versus $12.6 million per year, including both the added projects and corrections to the error noted above. This change in the project total would be reflected in the Average Annual 2020 Roadway Project Cost going from $8.5 million per year to $9.2 million per year. o Estimated Financial Capacity, Chapter 5, Table 5-3, p. 13: This table shows the average annual . revenue available to the Ada County Highway District, compares the revenue with average costs, adds the projects recommended in Destination 2020 and calculates the surplus or deficit. The annual average deficit would increase from $12.6 million to $13.4 million with the added projects and corrections to the error described above. ~ o Potential Revenue Sources shown in Chapter 5, Table 5-4, p. 13: This table shows the hypothetical amount of increase needed by revenue source to yield the funds to implement projects in Destination 2020. Adjustments were made to the impact fee, gas tax, and vehicle registration fee options to increase the yield to $13.3 million versus the previous $12.6 million. The table does not imply a commitment to increase these taxes or fees. Impact fee increase 125% over existing levels. (Current yield is $5.95 million/year) Gas tax increase of 7 .8~/gallon (Current state tax level is 25~/gallon) Vehicle registration fee increase of $85/increase (Current local option registration fee is $32/vehicle) Page 3 COMPASS Public Hearing (/ Public Hearing Process: Citizens are invited to comment on the proposed amendments as described above. Citizens are asked to sign their name/address on the testimony sign-up sheet; they will be called in order of sign-up. Speakers should clearly state their position (Le. for or against construction of a project) within a three- minute speaking limit to allow as many people as possible to speak. Written comments must be received by 3:00 p.m. Friday, March 17, 2000 · At the COMPASS office, Attn: Destination 2020 Public Hearing, 413 W. Idaho, Suite 100, Boise, 83702; · Faxed to (208)345-5279; or · E-mailed to kbean@olanninq.cog.id.us. In March, the COMPASS Board will review citizen comments from the Public Hearing process. The Board will consider approval of the air quality conformity determination and adoption of the amended Destination 2020 for submittal to local Ada County governments for their adoption. Informational materials, including draft copies of Destination 2020, the Interim Foothills Plan, information on the proposed Curtis Road and 36th Street projects and draft air quality conformity are available for review at the COMPASS office (listed above), city halls, local public libraries and at the COMPASS Internet site: planning.cog.id.us. (Note: the Interim Foothills Plan is not available on the Internet). Task 661/LRP K:\Data\wp\RTP 2020\Publ_Hearing\Curtis Road\CTCover Memo for Info ("~.. Attachment I Table 5-2 Transportation Projects Planned for Construction Within the Next 20 Years as Amended* No. Project Location No. Estimated Responsible Reference of lanes Cost. * Party 1 Amity Rd Federal Way - realigned Eckert Rd 2..3 $2,050,000 ACHD New 2 Broadway A ve @ Boise River 6 $3,400,000 ITD 2015 Bridge 3 Cole Rd Overland Rd - Franklin Rd 4~5 $2,200,000 ACHD 20]5 ------- 4 Overland Rd to Victory Rd 5 $1,550,000 ACHD New 5 Eagle Rd & Construct Urban Ie NaA. $7,000,000 ACHD/ New Fairview A ve lTO 6 Eckert Rd Realign across Boise River -. Amity 2~3 $2, 700,000 ACHD New Rd 7 Emerald St five Mile Rd - Orchard St 5 $9,200,000 ACHD 20]5 8 Federal Way 8/0 SH 21 to Isaac Canyon Ie 5 $1,000,000 ACHD 2015 9 Five Mile Rd Five .Mile Rd- 1-84 & Overland Rd- 5 $25,000,000 ACHD / ITD 2015 Ie Franklin Rd /PRlVATE 10 Five Mile Rd Fairview Ave - Ustick Rd 3 $2,470,000 ACHD 20]5 ~ 11 Franklin Rd - Fairview A ve 5 $2,971,000 ACHD 2015 12 Franklin Rd Five Mile Rd - Meridian Rd 5 $7,300,000 ACHD 2015 13 G lenwood 8t US 20/26 (Chinden Blvd) - State 8t 7 $3,500,000 ITD 2015 14 Glenwood St / Two way couplet to Mountain View 3 $2,600,000 ACHD 2015 Cole Rd couplet Dr 15 Hill Rd Gary Ln - 36th 8t 2..3 $5,500,000 ACHD 2015 16 Holcomb Rd Boise Ave - ParkCenter Blvd 3 $641,000 ACHD 2015 17 OC -84 widening Meridian Rd - Garrity Rd Ie 6 $8,100,000 ITD 2015 18 1-84 widening Cole Rd - Broadway A ve 6 $10,690,000 ITD 2015 19 Kuna Mora Rd ll;:xtend Kuna Mora Rd & SH 69 2-3 $8,000,000 ACHD New & SH 69 (Kuna- (Kuna-Meridian Rd) to connect Meridian Rd) 20 Linder Rd Extend over 1-84 2..3 $1,000,000 ACHD New extension / overpass . \ 21 Linder Rd Franklin Rd to U stick Rd 3 $4,100,000 ACHD New 22 Locust Grove Extend over 1-84 4..5 $2,500,000 ACHD New Rd extension / overpass 23 Magic View Rd Locust Grove Rd - Eagle Rd (all nJo 1- 3 $3,500,000 ACHD New ~ new road 84) Destination 2020 - Regional Transportation Plan for Ada County Ada Planning Association Page 4 ( chapter 5 - Major Roadway Projects No. Project Location No. Estimated Responsible Reference of lanes Cost** Party 24 Maple Grove Rd Franklin Rd - Fairview Ave 5 $2,972,000 ACHD 2015 -- 25 Franklin Rd - Overland Rd (possible 5 $0 ACHD 2015 restriping only) ~ 26 Victory Rd - Overland Rd 3 $1,880,000 ACHD New 27 Meridian Rd Ie Improvement: cloverleaf ramp for WB N.A. $9,200,000 ITD 2015 I -84 to SB SH 69 (Kuna- Meridian Rd) 28 Meridian Rd Franklin Rd - Cherry Ln 3 $500,000 ACHD New widening 29 Meridian Rd / E. Fairview A ve to 1-84 2-3 $2,500,000 ACHD 2015 1 st 81, 1 way pair 30 Overland Rd SH 69 (Kuna-Meridian Rd) - Locust 3 $2,168,000 ACHD New Grove Rd --- 31 Locust Grove Rd - Eagle Rd 3 $1,600,000 ACHD New 32 ParkCenter East ParkCenter Blvd - Wann Springs A ve 4 $7,000,000 ACHD/ 2015 Bridge - new PRIV A TE 33 Pine St .. new Locust Grove Rd - Cloverdale Rd 3 $3,300,000 ACHD 2015 34 RR / Creek Location subject to evaluation N.Aa $8,000,000 ACHD 2015 Crossing in Kuna 35 SH 16 (Emmett @ Ten Mile Rd to connect SH 16 2~5 $22,900,000 ACHD / ITD New Hwy) river (Emmett Hwy) - 1-84 crossing 36 8H55 N/o Beacon Light Rd 5 $1,800,000 ITD New 37 SH 69 (Kuna- Kuna Rd - Amity Rd 5 $11,820,000 ITD 2015 Meridian Rd) 38 Technology 8/0 Micron to Isaac's Canyon IC 5 $3,300,000 ACHD 2015 rway - new road 39 Ten Mile RdIC iren Mile Rd - 1-84 N.A. $9,400,000 ACHD/ITD New 40 Victory Rd Cole Rd - Orchard 8t 5 $2,615,000 ACHD 2015 41 Warm Springs Penitentiary Rd - w/o Barber Dr N.A. $2,925,000 ACHD 2015 Ave 42 ~ Extend 36th St from existing to 2..3 $5~500~OOO ACHD New Cartwrit2ht Rd and B02US Basin Rd 43 Curtis Rd Fairview Ave - Northview St 4-5 $550~OOO ACHD New Total $216~902~OOO Total Plus 15% for Mitigation and Public Involvement $249~437~300 * New projects are added ~der item numbers 42 and 43~ ' ** Costs are based on best available information at time of report and are subject to revisioI:l. Destination 2020 - Regional Transportation Plan for Ada County Ada Planning Association Page 5 ( ( Added Transportation Projects, Boise and Garden aty Planning Areas Within the Next 20 Years Proposed Additions: March 1, 2000 N - Roach1vay Project . Interchange . OIetpass .. Intersection 42 Project ldentifiretion (See revised Table 5-2) NJte: These projects \Mil be added to Figure 5-2 on Page 7 of Olapter 5 in Destination 2020. f. . i \ Attachment II Summary of Air Quality Conformity Calculation 2010 Calculation of Vehicle Miles of Travel (VMT) and Pollution Emissions VMT Speed Carbon Monoxide Particulate Matter (CO) Emissions (PM10) Emissions (KG/Day) (KG/Day) No-Build 8,695,950 27.98 165,875 30,006 Build 8,642,638 28.51 161,444 29,390 Difference 53,312 (0.53) 4,431 616 2020 Calculation of Vehicle Miles of Travel (VMT) and Pollution Emissions VMT Speed Carbon Monoxide Particulate Matter (CO) Emissions (PM10) Emissions (KG/Day) (KGlDay) No-Build 1 0,850,464 26.68 215,924 37,566 Build 10,756,444 27.79 203,942 35 , 751 Difference 94,020 (1.11 ) 11,982 1 ,815 The above calculation shows that adding the two projects to Destination 2020 significantly reduces vehicle miles of travel (VMT) and thus reduces the amount of emissions in the area. The reductions in emissions is summarized in the table below. s f P II t. R d t. ummary 0 o u Ion e DC Ions I Pollution I 2010 I 2020 I Particulate Matter (PM1O) 616 1 ,815 Carbon Monoxide (CO) 4,431 11 ,982 The models used for these calculations are: COMPASS' travel forecasting model (TP+), the EP A recommended PartS for PM10 and Mobile 5b for carbon monoxide (CO). . .. ......... .......... .... .... . . .. .. ... ...... ... . ...... ..... . . ... . . .. .. . .. ... .. . ... ... .... . .. . . ... .. . . . . .. . . . ... .. .. . .. ....... ... .. . .. . . . .. . . . . .. . . . .. . ... . . . . . . . ... ..... .. .. ... . ... .. .. . . ..... .. ... .. .... . . ... . ... . . . . .. . . .. . . . . . .... . . . . . .. .. ..... .. . .... . . .. . . . . .. .. . . . . . . ..... .. . . .. . .. ... ..... . , . .. . . . . .. . .... . .. .. . ... .. . .. . . ... . . . ... . . ... .. . . .. . ... .. .. . . . .... . ... . . . . .. . ... ... .. . ... . 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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXIMATELY 7.265 ACRES ) FOR PROPOSED CREEICSIDE ) ARBOUR PHASE II ) SUBDIVISION ) ) WILLIAM AND LUCILE ) LEAVELL, ) Applicant. ) ) Case No: RZ-99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled lnatter on the rezoning application of 7.265 acres havillg COlne on for public hearing on September 7, 1999, at the hour of 7 :30 o'cloclc p.lTI., a11d Council having received the report of Shari Stiles, Pla1111i11g a11d Zoni11g Adlninistrator, and Shari Stiles, Planning alld Zonillg Adlninistrator, Gary Slnith, City Engineer, and Larry I<nopp, architect for the Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council havi11g received the record of this matter made before the Planning alld Zoning COlumission, and havi11g received their ReCOlTIlnendation to the City Council, and the City Cou11cil having duly considered the evidence and the record in this Inatter therefore lnalces the following Findings of Fact and Conclllsions of Law, Decision a11d Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - I ( ( FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for September 7] I 999] before the City Council, the first publication appearing alld written 110tice having been mailed to property owners or purchasers of record witlli11 three hundred (300') feet of the external boundaries of the property u11der consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration Inore tha11 one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service annOU11cemellts; and the lnatter having been duly COllsidered by the City Council at the September 7, 1999, public heari11g; and the applicant, affected property owners, and government subdivisions providing services within the plallning jurisdiction of the City of Meridian, havillg been given full opportunity to express COllllnellts alld sublnit evidence. 2. There has bee11 cOlnpliance with all notice and hearing requirelllents set forth in Idaho Code ss 67-6509 and 67-6511, and ss 11-2-416E and 11-2-41 7 A, Municipal Code of the City of Meridian. 3. The City Council tal<.es judicial110tice of its zoni11g, subdivisiollS and developluent ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehellsive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEICSIDE ARBOUR PHASE II - 2 ( ( City of Meridian adopted December 21, 1993, Ordina11ce No. 629 - JaI1uary 4, 1994, and maps and the ordinance Establishing the Ilnpact Area Boundary. 4. The property is approximately 7.265 acres in size and is ge11erally located at the end of 5th Street north of Creelcside Arbour Phase I, south of Fairview Avenue, in Meridian. 5. The owner of record of the subject property is William D. a11d Lucile M. Leavell, of 2720 S. Ariel, Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Medium DeI1sity Reside11tial (R-8), and is currently vacant. 8. The Applicant requests the property be rezoned to Mediuln Higl1 Density Residential (R-15). 9. The proposed site is located south of Fairview Avenue north of Creelcside Arbour Phase I. The proposed site is surrounded to the east by vacant properties, to the south by Creelcside Arbour Phase I, to the west by ElIn Grove Trailer Parle and across Fairview Avenue to the north is Jaclcson's Texaco. 10. The subject property is within city limits of the City of Meridia11. II. The entire parcel of the property is included withiI1 the Meridian Urba11 Service Planning Area as the Urban Service Planning Area is defined i11 the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 3 ( ( following ma11ner: Construction and development of four multi-family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage s11eds. 13. The Applicant's requested rezoning of the subject real property as Medium High Density Residential R-15 is consistent with the desig11ation on the Meridial1 Comprehensive Plan Generalized Land Use Map which desig11ates tl1e subject property as Mixed Planned Use Developlne11t. 14. This project is consistent with the following policies a11d goals of the Meridian Comprehensive Plan: 14.1 To provide housing opportunities for all econoluic groups within the community. 14.2 To establish compatible and efficient use of land throllgh the useof innovative and functional site design. 14.3 To encourage a balance of land use patterns to e11sure that revenues pay for services. 14.4 Approve quality housing projects that meet the needs of all economic levels. 14.5 Encourage efforts to develop and maintain quality 11eighborhoods and housing... 14.6 Support a variety of residential categories for t11e purpose of providing the City with a range of affordable housing opportunities. 14.7 Encourage compatible infill development which will ilnprove existing neighborhoods. 14.8 The development of housing for all inCOlne groups close to employment and shopping centers should be encouraged. 14.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangelTIent of buildings should be prolTIoted. 14.1 0 Land development regulations should be revised to e11courage the infilling of existing vacant parcels within the city lilnits. 14.11 High-density development, where possible, should be located l1ear open space corridors or other perlnanent major open space and parle facilities, and near major access thoroughfares. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 4 .f r. { 15. Five Mile Creelc is the only significa11t or scenic feature of major importa11ce that affect the consideration of this applicatio11. 16. In review of the application for rezone it is provided at Sectioll 11-2-416I( of the Municipal Code that the COllllnissio11 alld Council review particular facts and circumstances of this proposed zoning amendment and finds subject to the conditions herein Finding 16.11, imposed that: 16.1 The area included in the zoning amendlne11t is not intended to be rezoned in the future; 16.2 The application intends to construct and develop four multi-family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds in accordance with the revised site plan, dated 9-7- 99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. AI, Creekside Arbour Apartme11ts Phase Two, Meridiall, Idaho, LARRY I<NOPP, ARCHITECT; 16.3 The proposed use will be desigrled, constructed, operated and maintained to be harmonious and appropriate ill appearance with the existing or intended character of the general vicinity and that such use will110t cha11ge the essential character of the same area; 16.4 The proposed use will not be hazardous or distllrbillg to existil1g or future 11eighboring uses; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishlne11t of proposed z011ing amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additiol1al requirel11el1ts at public cost for public facilities and services alld will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEICSIDE ARBOUR PHASE II - 5 (' 16.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the ge11eral welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16. 9 The use will not result in the destruction, loss or daluage of a natural or scenic feature of major importance; and .16.10 The proposed zoning amendment is i11 the best interest of the City of Meridian. 16.11 The following are reasonable conditions of rezone, which shall be the subject of the terms of a development agreement as a condition of rezone and which conditions are as follows: 16.11.1 16.11.2 16.11.3 16.11.4 The Applicant's central sewage and central water plans Inust be submitted to a11d approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breedi11g problelu. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtai11 current best Inanagement practices for stormwater disposal and design a storlTIWater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 6 16.11.5 16.11.6 16.11.7 16.11.8 16.11.9 ( All municipal surface drainage shall be retained on site. Dedicate 60-feet of right-of-way 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 buildil1g permit (or other required permits), whichever occurs first. The OWl1er will be compensated for all right-of-way dedicated as an additio11 to existing right-of-way fron1 available impact fee revenues in this benefit zone, if the owner submits a letter of applicatio11 to the ilnpact fee administrator prior to breald11g ground, i11 accordance with Section 15 of ACHD Ordinance # 188. Provide a paved pedestrian pathway in the alignment of Badley Street extended frOlTI its current terlninus to the west property line. Provide a public roadway frolTI Fairview Avenue to a point between 300 and 460-feet south of Fairview Avel1ue. Construct the roadway adjacent to the west property li11e as one-half of a 37 -foot Street section plus 12- feet of additional pavement with curb, gutter, and sidewall<- on the east side of the road within 42-feet of right-of-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. Construct a 5-foot wide detached sidewall<- 011 Fairview Avenue abutting the site. The sidewalk shall be located two feet withi11 the new right-of-way of Fairview Averlue. Coordinate the elevation and location of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEICSIDE ARBOUR PHASE II - 7 16.11.10 16.11.11 16.11.12 16.11.13 As required by District policy, restrictions 011 the width, number and locations of driveways, shall be placed on future development of this parcel. Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. That a development agreement be entered into including these conditions of re-zone. That the subject property shall be developed in accordance with the revised site plan, dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. AI, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY ICNOPP, ARCHITECT. 17. The legal description of the property that is the subject of this application for re-zone is as follows: A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated i11 the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada COU11ty, Idaho and described as follows: COlTIlnencing at a Brass Cap Monument marldng the North 1/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00034'3911 W (S 00000'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00034'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leavi11g said East line S 38043'20" W a distance of 192.36 feet to a point; Thence N 89029'10fl W (5 89056'20" W) a distance of 510.80 (510.67) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 8 feet to a point; Thence N 00033' 16" E a distance of 351.65 feet to a point; The11ce N 88049'42" E a distance of 239.87 feet to a 1/2" rebar; Thence N 00036' 17f1 E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avel1ue bears N 00036'17" E a distance of 34.06 feet; Thence N 61 004'07" E a distance of 73.66 feet to a point 011 the centerli11e of Five Mile Creek and the southerly right-af-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creelc the following courses; Thence S 00044'24" E a distance of 305.7 5 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a cel1tral angle of 61 032'5911, an arc length of 32.23 feet, and a long chord bearing S 31 032'36" E a distance of 30.70 feet to a point; Thence S 62020'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central a11gle of 17052'43", an arc length of 18.72 feet, a11d a long chord bearing S 53025'3111 E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00034'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. CONCLUSIONS OF LAW I. The Councillnay talce judicial notice of governluent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 9 ( ( ordi11ances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and respo11sibility as provided by "Local Land Use Planning Act of 19751', codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted Decelnber 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian COlnprehensive Plan and are applicable to this Application: COMPREHENSIVE PLAN POLICIES: The 1993 Comprehensive Plan contai11S a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the COffilnunity. Goal 8: To establish compatible and efficient use of land through the use of i11110vative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for semces. The subject property is located in an area designated as MixedIPlanned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 10 ( 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - E11courage efforts to develop and maintain quality neighborhoods and housing. . . Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the cOlumunity and not detract froIn our quality of life. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U - Encourage compatible infill development which will improve existing neighborhoods. 5.16U All development requests will be subject to development review a11d conditiol1al use permit processing to ensure neighborhood compatibility. 5 .1 7U A variety of coordinated, pla11ned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated il1tO all developme11t requests in this area. Natural Resources and Hazardous Areas Chapter 1.1 U Identify and protect areas with special characteristics such as stream corridors, canals, a11d wetlands. Control and preserve the natural beauty of Ten Mile Creel<-, South Slough, and Five Mile Creelc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEICSIDE ARBOUR PHASE II - 11 (" { 2.1 U Development along lnajor drainage ways will be restricted to ensure that developlnent does not cause additional ground or surface water contamination. N atural Waterways Goal Statement The community will protect natural waterway corridors from degradation and manage them as a valuable resource. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creelcs and drains. 4.1 U Developments contiguous to natural waterways, irrigation canals, laterals and drainage ditches must consider all available information concerning floodplain waterways. Transportation Chapter Local Streets: SelVe primarily to provide direct access to abutting residelltial units and should be for local traffic movement. They are generally two lanes with parld11g with a right-af-way width of about 50 feet. Service to through-traffic is discouraged. The relllai11i11g transportation corridors of the Meridian Urban Service Planning Area are recolnmended for local street status. Housing Chapter 1.4 The development of housing for all income groups close to employrne11t and shopping centers should be encouraged. 1.9 The efficient use of land for public facilities, transportation systelllS, utilities, and the economic arrangement of buildings should be prolnoted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEICSIDE ARBOUR PHASE II - 12 (' ( 1.12 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. Design and performance standards should be applied to infilling developmel1t in order to reduce adverse impacts upon existing adjacent developme11t. OWl1ers or remnant residential parcels or partially-developed residel1tial parcels should be encouraged to consolidate these properties where possible to preve11t the proliferation of small parcels of vacant land within the city limits. 1.19 High-density developme11t, where possible, should be located near ope11 space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 1.8 The appearance of natural creelcs (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enha11ces the community. 4. The requested zoning of Medium High Density Residential District, (R-15) is defined in the Zoning Ordinance at 11-2-408B(5) as follows: (R-lS) Medium High Density Residential District: The purpose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 13 (r (~ of the (R-15) District is to permit the establishment of Inedium-high density single-family attached and multi-family dwellings at a de11sity not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a parle or open space corridor, and be c011nected to the Municipal Water and Sewer systems of the City of Meridia11. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartlnent buildings a11d condominiums. 5. Section 11-2-409 of the Municipal Code, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the variOllS zoning districts of the City which provide that rnulti-falnily dwelli11g uses are perlnitted uses in the (R-15) Medium High Density Residential District zone. 6. Idaho Code ~ 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted COInprehensive Plan and the ordinance establishing zoning districts can be alnended with particular consideration given to the effects of any proposed Z011e change upon the delivery of services by any political subdivision providi11g public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisio11S provided under section 67 -6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer malce a written commitment concerning the use or development of the subject parcel. The gover11ing board shall adopt ordinance provisions governing the creation, fo rIn , recording, modification, enforcement and termination of conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 14 ( ( commitments. 8. The City of Meridian by the adoption of S 11-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or developer malce a written cOlnmitluent concerning the use or development of the subject property. 9. S 11-2-407 A ZONING DISTRICT MAP provides i11 part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 9.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way li11es, streams, lalces or other bodies of water, the centerline shall be construed to be such boundary; 9 .2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 9.3 Where district boundaries are so indicated that they are approxilnately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; al1d 9.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the lnain traclcs of said railroad line. 10. S 11-2-416 I( of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 15 ( ( The Commission and Council shall review the particular facts and CirCUlTIstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 10.1 The new zoning will be harmonious with and ill accorda11ce with the Comprehensive Plan. I 0.2 The area is not intended to be rezoned in the future. 10.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 10.4 There has been no change in the area or adjacel1t areas which would dictate the area should be rezoned. I 0.5 The proposed uses will be designed, constructed, operated and lnaintained to be harmonious and appropriate ill appearance wit11 the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 10. 6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; I 0.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 10.8 The use will not create excessive additional requirements at public cost for public facilities and services a11d will not be detrimental to the econolnic welfare of the cOlnmunity; 10.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smolce, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 16 ( I 0.1 0 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 10.11 The use will not result in the destructio11, loss or damage of a natural or scenic feature of Inajor ilnportance; and 10.12 The proposed zoning amendment is in the best interest of the City of Meridian. II. S 11-2-417 A and C of the Municipal Code provides in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applica11t. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be z011ed; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideratiol1 of the annexation. If the COlnmission and Council approve an annexation request, the Commission and Council shall insure that said annexatio11 is in accord with this Ordinance and the Comprehensive Plal1. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 1 7 ( (- Comprehensive Plan. An application for annexation a11d zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urba11 Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real Property included in the application to (R-15) Medium High Density Residential District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following conditions which shall be set out in a Development Agreement which shall be entered into by the owner as a condition of the granti11g of the ordi11ances referenced in part of this Order: 2.1 The application intends to construct and develop four multi- family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI(SIDE ARBOUR PHASE II - 18 ( ( with the revised site plan, dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. AI, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARCHITECT. 2.2 The Applicant's central sewage and central water pla11s Inust be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.3 Run-off is not to create a mosquito breeding problem. 2.4 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater a11d surface water quality. 2.5 The Engineers and architects involved with the design of the subject project shall obtain current best managelnent practices for storrnwater disposal and design a storrnwater management system that prevents groundwater and surface water degradation. 2.6 Alllnunicipal surface drainage shall be retained on site. 2.7 Dedicate 60-feet of right-of-way 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 perlnit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance # 188. 2.8 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.9 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37 -foot Street section plus 12-feet of additional pavement with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 19 ( (' curb, gutter, and sidewallc on the east side of the road within 42- feet of right-of-way. Provide a paved temporary turnarOu11d with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.1 0 Construct a 5-foot wide detached sidewallc 011 Fairview Ave11ue abutting the site. The sidewallc shall be located two feet within the new right-of-way of Fairview Avenlle. Coordinate the elevation and location of the sidewalk with District staff. 2.11 As required by District policy, restrictions on the width, nUlnber and locations of driveways, shall be placed on future developlne11t of this parcel. 2.12 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. NOTICE OF FINAL ACTION Please ta]<e notice that this is a fi11al action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person bei11g a person who has an interest in real property which Inay be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeti11g held 011 2 I .>-p /Jz {ifiCIv , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEI(SIDE ARBOUR PHASE II - 20 ( EXHIBIT C MAP OF PROPERTY DEVELOPMENT AGREEMENT, Page 14. FVS/srb/03/13/00(LeavelVDevetopAgmH 6861-01) (r ( COUNCILMAN I<EITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE Me CANDLESS VOTED MAYOR ROBERT CORRIE (TIE BREAI<ER) DATED: 3-- 2,,1- 00 VOTED MOTION: DISAPPROVED: Copy served Up011 Applicant, the Planning and Z011ing Departlne11t, Public W orlcs Department and the City Attor11ey. By: \'\\\~' tl fllul1/ .", .f M'-'-' II, s.'\"...c 0 ~t:..Fl~A 111"/" ~, ~ '" "", v~ j " /: /' c} _n~o~ ~ ~~1,; <~ s -...~~ ,~ ' S ~ ''0 ~ ~ ~ ~ ~ ; ~~AJ4 E ~ OA4'f ~ ~ - ~ & ~ -;.. ~ 0/ ,(;5 '" :: ~J. i(:~>~r 1S~ · ~ $ ~ .......;- ~. ~i~ (\ ^ ~ ~ ....<'/ . Oi r~ '1:U ,\v \", 1 "II V ! ~ .. 1 · \ \ \ \ 1ft !Hi h tHt\\;\' Dated: J ~ 2/ ~tJ[) n1sglZ: \ W 0 r k\M\Meri di an 15360 M\Creekside Arbor\F fsCIsOrder REZO NE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 .265 ACRES CREEICSIDE ARBOUR PHASE II - 21 .~ ~ ~ j ( ( BEFORE THE MERIDIAN CITY COUNCIL 03-13-00 IN THE MATTER OF THE ) APPLICATION OF ANNA IillI<AY, ) FOR A CONDITIONAL USE ) PERMIT FORA GROUP ) DAYCARE HOME FOR 6-12 ) CHILDREN, LOCATED AT 2512 ) E. CLARENE, MERIDIAN, IDAHO ) ) Case No. CUP-OO-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit applicatiol1 havil1g CDlne before the City Council on March 7,2000, and Brad Hawldns-Clark, Assistal1t Planl1er for the Planning and Zoning Department, appeared and testified at the hearing, and the Applica11t, &1na I(ul(ay, appeared al1d testified, al1d 110 one appearing i11 oppositio11, a11d the City Council having received the staff report and the record luade before the Pla11nil1g and ZOlung Commission, and being fully advised in the premises, the Cou11cil fi11ds al1d concludes as follows: FINDINGS OF FACT 1. A 110tice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 7, 2000, before the City COU11Cil, the first publicatiol1 appearing a11d writte11 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA I(UI<AY / GROUP DAYCARE HOME (CUP-OO-007) - 1 ( ( notice havi11g been Inailed to property ovvners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one weelc before said hearing and the copies of all notices were made available to newspaper, radio a11d television stations as public service announcements; and the matter having beeIl duly considered by the City Council at the said March 7, 2000, public heari11g; a11d the Applica11t, affected property ovvners, and government subdivisions providi11g services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express COlTIlnents and SUblnit evidence. 2. There has been compliance with all notice and heari11g requirelnents set forth in Idaho Code ~s67-6509 and 67-6512; and Meridian City Code s~ 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. Council tal<.es judicial notice of its Zoning, Subdivision a11d Development Ordinances codified at Meridian City Code Title 11 and Title 12 a11d all current zoning Inaps thereof and the Comprehensive Plan of the City of Meridia11 adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establisl1ing the Ilnpact Area Boundary Ordinance and Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1v1IT SUBJECT TO CONDITIONS ANNA I(UI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 2 4. The property is located at 2512 E. Clarene, Meridian, Idaho. 5. The owner of record of the subject property is Anna I(ul<.ay of 2512 E. Clarene. 6. Applicant is the owner of record. 7. The subject property is currently zoned MediulTI Density Reside11tial (R-8). The zoning district of R-8 is defined within the City of Meridia11 Zoning and Development Ordinance, Section 11-7-2D. 8. The proposed application requests a conditional use pennit for a group day care for 6-12 children. The R-8 zoning designation within the City of Meridial1 Zoning a11d Development Ordi11ance requires a conditio11al use pennit be obtained for most uses including those requested by the Applicant. (Meridia11 City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Comlnission recognizes that the proposed application is in compliance with the Meridian COlnprehensive Plan. I O. The use proposed within the subject applicatio11 will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicant, Anna I(ul<.ay, owner of the property, is granted a conditional use permit for a group day care home for 6-12 children, located at 2512 E. Clarene, Meridian, Idaho. The requested conditional use is described in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA ICUI<AY / GROUP DAYCARE HOME (CUP-OO-007) - 3 attached Exhibit "A" consisting of two pages, for the development of the aforelnentioned projects a11d which property is described hereinbelow to-wit: Lot 2 in Blocl( 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada County, Idaho. Common address l<I1own as 2512 E. Clarene Street, Meridian, Idaho. 12.. Giving due consideration to the comments received from the gover11me11tal subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developlnent will110t impose expense upon the public if the following conditions of development are imposed and the following is also fOU11d to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisio11s providing services to the subject real property within the plannil1g jurisdiction of the City of Meridian. 12.A Conditions requested by the City of Meridian Assistant Plal1ner for the Planning and Zorung Department, Brad Hawldns-Clarl(, withi11 his Memorandum dated January 31,2000, be required as follows: Adopt the Recolll1uel1dations of the Planning and Zoning Department as follows: 12.1 Applicant shall provide a minimum of one (1) off-street parl<ing space per elnployee of the day care and adequate off-street loading/unloading areas for children. As long as the garage is utilized, the 2 I-foot driveway shown on the plan may accommodate this requirement. (See Section 11-13-2 of the City of Meridian Zoning and Development Ordinance.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA !(UI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 4 f.' . ( ( 12.2 No signage is permitted. 12.3 Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service vvill be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information regarding the al1ticipated water demand. Applicant shall be required to enter into an Assessment Agreeluent vvith the City of Meridia11 prior to operation. 12.4 A Certificate of Occupancy is required for the daycare prior to operation. 12.5 Any outdoor trash areas shall be screened. 12.6 The Group Child Care HOlne shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 12. 7 Applicant shall secure and maintain a child care license froIn the Idaho State Department of Health and Welfare-Child Care Licensing Division. Applicant shall provide a copy of the license to the City of Meridian prior to beginning operation. Operator's license shall be on-site for City inspection at all times. 12. 8 Applicant shall ensure that imlTIUnization of all children is verified prior to acceptance into program. 12.9 Applicant shall provide for screeniI1g of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 12.1 0 Applicant shall provide for a solid fence of appropriate height! construction (6- foot recommended), to enclose outside play areas. 12.11 A deck is shown on the site plan in the rear yard. This area should be well maintained and free of any potential hazards to childreI1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA ICUI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 5 12.12 If the Conditional Use Permit is approved, Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use pennit. 12.13 Applicant must l(eep all outside play areas free of noxious weeds. 12.14 Violation of any of the above conditions shall be cause to revol<.e a zoning certificate and certificate of occupancy for a Group Child Care Home. The Conditional Use Permit shall be subject to review upon ten (1 0) days' notice to the applicant. Adopt the City of Meridian Fire Department's Recommendations as follows: 12.15 All fire codes will need to be met. Adopt the Ada County Highway District's Recommendations as follows: 12 .16 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordi11ances unless specifically waived in writing by the District. Adopt the Central District Health Department's Recommendations as follows: 12.17 Applicant shall obtain a daycare license through Central District Health Department. 13. The proposed use within the subject application will be harlno11ious with and in accordance with the Meridian Comprehensive Plan a11d the City of Meridian Zoning and Development Ordinance. 14. The uses proposed within the subject application will be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA ICUI<AY / GROUP DAYCARE HOME (CUP-OO-007) - 6 { (< the conditions set forth in Finding of Fact No. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will 110t be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipmel1t a11d conditio11s of operatiol1 that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or dalnage of 11atural or sce11ic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA !(UI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 7 ( (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoni11g ordinance, but may be allowed with conditions ull.der specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, a11d when it is not in conflict with the plan; and (C) That upon the granting of a special use pennit, conditions may be attached to a special use permit, including, but not lilnited to, those: I ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of developlnent; 3 ) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of developlne11t; requiring the provision for on-site or off-site public facilities or services; requiring Inore restrictive standards than those generally required in an ordinance; requiring lnitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridia11 City Code S 11-17. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA I(UI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 8 ( 3. Idaho Code S 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is 1<I10wn as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Pla11 City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, Anna I(uI(ay, owner of the property, is granted a conditional use pennit for a group day care home for 6-12 children, located at 2512 E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the attached Exhibit "A" consisting of two pages, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 2 in Blocl, 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada County, Idaho. COmlTIOn address known as 2512 E. Clarene Street, Meridian, Idaho. 2. The applicant is granted a conditional use permit for a11d subject to t11e following terms and conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA I(UlCAY / GROUP DAYCARE HOME (CUP-OO-OOl) - 9 ( 2.1 Applicant shall provide a minimum of one (1) off-street parldng space per employee of the day care and adequate off-street loading/unloading areas for children. As long as the garage is utilized, the 21-foot driveway shown on the plan may accommodate this requirement. (See Section 11-13-2 of the City of Meridian Zoning and Development Ordinance.) 2.2 No signage is permitted. 2.3 Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information regarding the anticipated water demand. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 2.4 A Certificate of Occupancy is required for the daycare prior to operatio11. 2.5 Any outdoor trash areas shall be screened. 2. 6 The Group Child Care Home shall not adversely impact surroundi11g properties due to children's noise, traffic and other activities. 2. 7 Applicant shall secure and maintain a child care license frOlTI the Idaho State Department of Health and Welfare-Child Care Licensing Divisio11. Applicant shall provide a copy of the license to the City of Meridian prior to beginning operation. Operator's license shall be on-site for City inspection at all times. 2.8 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.9 Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 2.10 Applicant shall provide for a solid fence of appropriate height! construction (6-foot recommended), to enclose outside play areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA I(UI<AY / GROUP DAYCARE HOME (CUP-OO-OO?) - 10 ( 2 .11 A decl( is shovvn on the site plan in the rear yard. This area should be well maintained and free of any potential hazards to children. 2.12 If the Conditional Use Permit is approved, Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 2.13 Applicant must l<.eep all outside play areas free of noxious weeds. 2.14 Violation of any of the above conditions shall be cause to revol<.e a Z011i11g certificate and certificate of occupancy for a Group Child Care Home. The Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. 2.15 All fire codes will need to be met. 2.16 All future design plans and construction shall be in accordance with t11e Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 2.17 Applicant shall obtain a daycare license through Central District Health Department. 3. That the City Attorney draft an Order Granting C011ditional Use PerlTut in accordance with this Decision, which shall be signed by the Mayor and City Clerl( and then a copy served by the Clerk upon the applicant, the Planning and Zoning Departlne11t, Public W orl(s Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA I(UI<AY / GROUP DAYCARE HOME (CUP-OD-OO?) - II ( ( NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridia11, pursuant to Idaho Code S 67-6521 an affected person being a person who has a11 i11terest in real property which Inay be adversely affected by the issual1ce or denial of the conditional use pennit 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 21 J'f day of /l1PA~ J 2000. ROLL CALL COUNCILMAN ANDERSON VOTED tL, COUNCILMAN BIRD VOTED . tL--- COUNCILPERSON deWEERD VOTED COUNCILMAN McCANDLESS VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAl<ER) DATED: 3 -z,/ -00 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANNA !(UI<AY / GROUP DAYCARE HOME (CUP-OO-OOl) - 12 (' c MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W or1(5 Department and City Attorney. By: Dated: Jr"2/~(}{J msgjZ:\ W ork\M\Meridian 15360M\I(ukay Daycare\CUPFfCIsOrdDec ,\\\\HUftlltl,/ ,\,-" c:: Ul:':~ 11~1 ~,~ ~ O~ ..H.41.~ 1,/ ~If. ,.~ j~ )'~ J: v~ O~O~h ~ ~ I:t .R ~ ~ i ~ ~ ~ E SEAL ~ ~ ~ & ~ ~ ~I h. 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'/, -4.. .....~2 000. ............................. '.. '.. .. ... ... .... . M .. .' ..... . . .. .. . . .. . . . . .. . . . .. .. . .... . . . . . . . .. .. .. .. .. . .. ... .. . . .. . ... . . . . . .. . . . . .' ......... .... .... .. . . ... .. . . . ... . . . . .. . . .. .. . .. . ... . .. . . . . .. .. . ........ ....... . . . . . . . ... . . .. .... . .... . . . .... ........ . . .. .... . . . .. . . . ... . . . ... ........ . ... . . .. . ....... .. .. ... .... ... .. .. ........ . . . . . . .. ... .... .. . . .... . . . .. . .. . . . . . .. . . . . .. . . . . . . . ..... .. . . . ... ........................ .. .. .... ... . . . .. ........ .. ... .. . .. .. . . . .. . . . .... .... '.' .................. ....................I1\N.... .. .. .... ........ .. . .. . . .. . . . . .... ... . .. . . ..(~.?.................1TY............... ..../..... :........ Oi.E..'.' .....MERID .. .. ........ ...... ........: . '. ......c.... '.. .... ..... '. . . . . . .. . . . . . .... . ... . . . .. .. .. . .. .. .. .. . . ... .. .. . .. . .. .. . . ... ..... . .. . . . . .. .. . . . .. . . . . . . . .. ... . . . . .. . ... . ....... . . . .. ...... . ... . . . . .. ... .. . . . .. ... . . ... .. .. ... .. ... .. .. ..... . ... ... . .... .. . . . .. . ... .. . . . . .. .... . . . . . ..... . . . . . . . . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) ANNA I(UI<AY, FORA CONDITIONAL USE ) PERMIT FOR A GROUP DAY CARE HOME ) FOR 6-12 CHILDREN, LOCATED AT 2512 E. ) CLARENE, MERIDIAN, IDAHO ) ) ) ) CASE NO. CUP-OO-007 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This Inatter coming before the City Council on the 21 st day of March, 2000, for fi11al action on conditional use permit application and the Council having received and approving the reCOlTIlnendation of the Planning and Zoning COlTIlnissio11 the Council talces the following action: 1. That the Applicant, Anna I(ukay, owner of the property, is granted a conditional use perluit for a group day care home for 6-12 children, located at 2512 E. Clarel1e Street, Meridian, Idaho. The requested conditional use is described in the attached Exhibit "A" consisting of two pages, for the development of the aforelnentiol1ed projects and which property is described hereinbelow to-wit: Lot 2 in Blocl<. 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada COU11ty, Idaho. Common address known as 2512 E. Clarene Street, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a group day care hOlne for 6-12 children, located at 2512 E. Clarene Street, Meridia11, Idal1o, subject to the following conditions of use and developlnent: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-OO?) ( ( 2.1 Applicant shall provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loadinglunloadil1g areas for children. As long as the garage is utilized, the 21- foot driveway shown on the plan may accolnmodate this requirement. (See Sectiol1 11-13-2 of the City of Meridian Zoning and Development OrdiI1a11ce.) 2.2 No signage is perlnitted. 2.3 Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information regarding the anticipated water demand. Applicant shall be required to enter into an Assessment Agreelne11t with the City of Meridian prior to operation. 2.4 A Certificate of Occupancy is required for the daycare prior to operation. 2.5 Any outdoor trash areas shall be screened. 2.6 The Group Child Care Home shall not adversely impact surrounding properties due to childre11's noise, traffic al1d other activities. 2.7 Applicant shall secure and maintain a child care lice11se froIn the Idaho State Department of Health and Welfare-Child Care Licensil1g Divisio11. Applicant shall provide a copy of the license to the City of Meridian prior to beginning operation. Operator's license shall be on-site for City inspection at all times. 2.8 Applicant shall ensure that immunization of all children is verified prior to acceptal1ce into program. 2.9 Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer betweel1 properties. 2.1 0 Applicant shall provide for a solid fence of appropriate height! construction (6-foot recommended), to enclose outside play areas. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-007) ( 2.11 A declc is shown on the site plan in the rear yard. This area should be well maintained and free of any potential hazards to children. 2.12 If the Conditional Use Permit is approved, Applicant shall schedule an appointment with the Meridian Fire Departlnent for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 2.13 Applicant must l(eep all outside play areas free of noxious weeds. 2.14 Violation of any of the above conditions shall be cause to revol(e a zoning certificate and certificate of occupancy for a Group Child Care Home. The Conditional Use Permit shall be subject to review upon te11 (10) days' notice to the applica11t. 2.15 All fire codes will need to be Inet. 2.16 All future design plans and C011struction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards a11d approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 2.17 Applicant shall obtain a daycare license through Central District Health Department. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Perluit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-1 7 -8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-007) (' (~ By action of the City Council at its regular meeting held on the 21 ~ day of /J7tfVLdv , 2000. Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and City Attorney. \\\\""un"",/ \\\'\\ Of M1='n."'1 " A~ --ruE' 1.1., ", ~" <J/4... ,if~: 3 I ,.::: CJ o~~ ~~ ~ p- Z --tJo f ~G % % - ~:' "T21AL ~ ~ t:J1!. .' ~ ~ 'Y ftj i -: ~ C ~ .~. ~ \. "'-4~ "c, $ '/_. ~);' Sr 181 ' R $ '..-:/ .,. l <" '?- ,,'f //<.\ COlJt..tr:rv ~ \", .. 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CITY.OF ........ ................................ .................... .. . .. . . . . . .... . . .. ... .. .. .. ...... .... . . . .. . ... .. .. . ... . ... ..... . . . .. .. . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF HOME ) FEDERAL FOR A SIGN VARIANCE ) FOR DIRECTIONAL TO BE ) PLACED OFF PREMISES AT THE ) NORTH SIDE OF THE ENTRANCE ) ON MERIDIAN ROAD, LOCATED ) AT 55 E. FRANI<LIN, MERIDIAN, ) IDAHO ) ) 03-14-00 V AR-00-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled lnatter comil1g on regularly for public hearing before the City Council on the March 7, 2000, and Brad Hawldns-Clarl<., Assista11t Plal1ner i11 the Planning and Zoning Department, appeared a11d commented at the heari11g, and Deborah &1derso11 of Idaho Electric Signs, appeared and testified on behalf of the Applicant at the heari11g, and no one appeared il1 opposition, and the City Council having received tl1e transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised i11 the premises does hereby lnal(e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT I. The City Council tal(es judicial notice of its Zoning, Subdivisiorls and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( Development Ordinances codified at Meridian City Code Title 11 and all current zoning maps thereof and the COlnprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The notice requirements of Idaho Code ss 67-6509,6516 and Meridia11 City Code ss 11-15-5 and 12-11-3 as evidenced in the record of this matter have been met. 3. The Applicant is Home Federal, 500 12th Avenue SOllth, Nalupa, Idaho. 4. The location of the subject real property is 55 E. Franl<li11, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this Inatter, al1d is described as follows: LAND DESCRIPTION HOME FEDERAL SA VlNGS MERIDIAN, IDAHO A parcel of land situate in Government Lot I of Section 18, Township 3 Nort11, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 18; thence N89020'10" E, 73. 90 feet along the northerly boundary of said Government Lot 1; thence 500039'50" E, 34.66 feet along a line perpendicular to the northerly boundary of said Govermnent Lot 1 to the southerly right-of-way of Franl<lin Road and to the Real Point of Beginning; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( 1\ . ( Thence S88019102" E, 61.02 feet along the southerly right-of-way of Franldin Road to a point of curvature; Thence 11 0.16 feet along the southerly right-of-way of Pranl<lin Road along a tangent curve deflecting to the right, with a radius of 5, 771.58 feet, a central angle of 01005137", a long chord of 110.16 feet and a chord beari11g of S88050'OO" E; Thence SOo049'0511 W, 147.98 feet along a line parallel to the easterly right-of- way of Meridian Road; Thence N88050'56" W, 202.95 feet to the easterly right-of-way of Meridia11 Road; Thence NOQo49'05tr E, 116.61 feet along the easterly right-of-way of Meridian Road; Thence N45049'05" E, 44.94 feet to the Real Point of Beginning. Comprising 29,582 square feet, more or less. And the following described land as a non-exclusive easement for purposes of Ingress-egress: Commencing at the northwest comer of said Section 18; thence N89020'10" E, 73.90 feet along the northerly boundary of said Governlnent Lot 1; thel1ce 500039'50" E, 34.66 feet along a line perpendicular to the northerly bou11dary of said Government Lot 1 to the southerly right-of-way of Pranldin Road; thence 545049'05" W, 44.94 feet to the easterly right-of-way of Meridian Road; thence 500049'05" W, 116.61 feet along the easterly right-oE-way of Meridian Road to the Real Point of Beginning: Thence S88050rS6r1 E, 55.59 feet; Thence S28046rS2" W, 22.57 feet; Thence SOo0491051J W, 139.49 feet along a line 45.00 feet easterly of the easterly right-of-way of Meridian Road; Thence N89010'54tr W, 45.00 feet to the easterly right-of-way of Meridian Road; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) .,." ( ( Thence NOo049'05ff E, 159.75 feet along the easterly right-of-way of Meridian Road to the Real Point of Beginning. And the following described land as a non-exclusive easement for purposes of Ingress-egress: A strip of land 15.00 wide, easterly of and adjacent to the followiI1g described line: Commencing at the northwest corner of said Section 18; thence N89020'10" E, 73. 90 feet along the northerly boundary of said Government Lot 1; thence SOo039'50" E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way of Franldin Road; thel1ce S88019102" E, 61.02 feet along the southerly right-of-way of Frarudin Road to a point of curvature; thence 110.16 feet along the southerly right-of-way of Franldin Road along a tangent curve deflecting to the right, with a radius of 5, 771.58 feet, a central angle of 0 1 005'37", a long chord of 11 0.16 feet and a chord bearing of S88050'00" E to the Real Point of Beginning: Thence SOo049'05H W, 147.98 feet along a line parallel to the easterly right-of- way of Meridian Road to the Point of Terminus. And Subject to the following described non-exclusive easement for purposes of Ingress-egress: A strip of land 15.00 wide, westerly of and adjacent to the following described line: Commencing at the northwest comer of said Section 18; thence N89020'10" E, 73 . 90 feet along the northerly boundary of said Government Lot 1; thence SOo039'SO" E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way of Franldin Road; theI1ce S88019'02" E, 61.02 feet along the southerly right-of-way of Franldin Road to a point of curvature; thence 11 0.16 feet along the southerly right-of-way of Franldin Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet, a central a11g1e of 01005'3711, a long chord of 110.16 feet and a chord bearing of 588050'00" E to the Real Point of Beginning: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( Thence SOoo49'05" W, 147.98 feet along a line parallel to the easterly right-of- way of Meridian Road to the Point of Terminus. 6. The present land use of subject property is presently zoned as (C-G) General Retail and Service Commercial District. 7 . The proposed land use of subject property is to place a directional sign that will be placed off the premises on the north side of the entrance on Meridian Road, which is depicted in the uTWO DOUBLE FACE INTERNALLY ILLUMINATED DIRECTIONAL DISPLAYS, Slcetch #8396, File: RICI<S CjJOBSIHOME-FED/MRIDIAN2, DATE: 11/19/99, REVISED 12/28/99-CHANGED COpy AND LOGO TO NEW MATCH NEW LOGO, Custolner: Home Federal, Job Locatio11: Meridian, Sales: Debbie, Designer: BREDE, prepared by IDAHO ELECTRIC SIGNS." 4. The Applicant seeks a variance of the following provision of the Meridia11 City Code, Section 11-14-3 D and F, Signs, in the C-G zone, which provides as follows: 11-14-3: D. Signs which are placed in any public right-of-way except publicly- owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parldng on private property but bear no advertising matter; F. Off-premises signs. 5. The variance is not profit oriented, it is due to practicality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( 6. The granting of the requested variance will not be detrime11tal 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. 7 . 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 COluprehensive Plan. 8. The applicant paid the fee established by the City Council for application variance. 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 9 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 authority of Idaho Code 9 67-6516 by the enactlnent as a part of its Zoning and Developluent Ordinance variances, as set forth in Meridian City Code S 11-18. 3 . That the requiremel1ts for the processing of a variance request are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( ( in Idaho Code ss 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 ~ 11-18-2, and the findings which are required are set forth in 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 Developlnent Ordinance would clearly be ilnpracticable and umeasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the ovvner, subdivider or developer because unusual topography, the 11ature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the CirCUlTIstances, or that the conditions and requirements of said ordinance will result in inhibiting the achieveme11ts 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 a11d the Meridian Comprehensive Plan. 5 . The Applicant seeks a variance of the following provision of the Meridia11 City Code, Section 11-14-3 D and F, Signs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( ( 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. The Applicant is hereby granted a variance of the provisions of t11e Meridial1 City Code, Section 11-14-3 D and F, Signs, for the real property described as: LAND DESCRIPTION HOME FEDERAL SAVINGS MERIDIAN, IDAHO A parcel of land situate in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being 1110re particularly described as follows: Commencing at the northwest comer of said Section 18; thence N89020f10ff E, 73. 90 feet along the northerly boundary of said Government Lot 1; thence 500039'50" E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way of Frarudin Road and to the Real Point of Beginning; Thence S88019102" E, 61.02 feet along the southerly right-of-way of Fraru<lin Road to a point of curvature; Thence II 0.16 feet along the southerly right-of-way of Franklin Road along a tangent CliIVe deflecting to the right, with a radius of 5, 771.58 feet, a central angle of 01005'37", a long chord of 110.16 feet and a chord bearing of S88050'00" E; Thence SOo049105" W, 147.98 feet along a line parallel to the easterly right-of-way of Meridian Road; Thence N88050'56" W, 202.95 feet to the easterly right-of-way of Melidia11 Road; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( Thence NOoo49'05" E, 116.61 feet along the easterly right-of-way of Meridian Road; Thence N45049'05" E, 44.94 feet to the Real Point of Beginning. Comprising 29,582 square feet, more or less. And the following described land as a non-exclusive easelnent for purposes of Ingress-egress: Comlnencing at the northwest comer of said Section 18; thence N89020' 1 0" E, 7 3 . 90 feet along the northerly boundary of said Government Lot 1; thence SOoo39'SO" E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way of Pranldin Road; thence S45049'05" W, 44.94 feet to the easterly right-of-way of Meridian Road; thence 500049'05" W, 116.61 feet along the easterly right-of-way of Meridian Road to the Real Point of Beginning: Thence S88050'56" E, 55.59 feet; Thence S28046'52" W, 22.57 feet; Thence SOoo49'05" W, 139.49 feet along a line 45.00 feet easterly of the easterly right-of-way of Meridian Road; Thence N890I0'54" W, 45.00 feet to the easterly right-of-way of Meridia11 Road; Thence NOaa 49'05" E, 159. 7 5 feet along the easterly right-of-way of Meridian Road to the Real Point of Beginning. And the following described land as a non-exclusive easement for purposes of ingress-egress: A strip of land 15.00 wide, easterly of and adjacent to the following described li11e: Commencing at the northwest corner of said Section 18; thence N89020'10" E, 73.90 feet along the northerly boundary of said Government Lot 1; thence SOoo39'50" E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-af-way of Franklin Road; thence S880I9'02" E, 61.02 feet along the southerly right-of-way of Franldin Road to a point of curvature; thence II 0.16 feet along the southerly right-of-way of Franldin FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) ( ( Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet, a central angle of 01 005'37", a long chord of 110.16 feet and a chord bearing of S88050'00" E to the Real Point of Beginning: Thence 500049'05" W, 147.98 feet along a line parallel to the easterly right-of-way of Meridian Road to the Point of Terminus. And Subject to the following described non-exclusive easement for purposes of Ingress-egress: A strip of land 15.00 wide, westerly of and adjacent to the following described line: Commencing at the northwest comer of said Section 18; thence N89020' 1 0" E, 73.90 feet along the northerly boundary of said Government Lot 1; thence SOo039'50" E, 34.66 feet along a line perpendicular to the northerly bOllndary of said Government Lot 1 to the southerly right-of-way of Franldin Road; thence S88019'02" E, 61.02 feet along the southerly right-of-way of Franldin Road to a point of curvature; thence 110.16 feet along the southerly right-of-way of Franldin Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet, a central angle of 01005'37", a long chord of 110.16 feet and a chord bearing of S88050'OOIl E to the Real Point of Beginning: Thence 500049'05" W, 147.98 feet along a line parallel to the easterly right-of-way of Meridian Road to the Point of Tenninus. to the extent and in accordance with and as depicted in the "TWO DOUBLE FACE INTERNALLY ILLUMINATED DIRECTIONAL DISPLAYS, Sl,etch #8396, File: RICI<S C/JOBSIHOME-FED/MRIDIAN2, DATE: 11/19/99, REVISED 12/28/99-CHANGED COpy AND LOGO TO NEW MATCH NEW LOGO, Customer: Home Federal, Job Location: Meridian, Sales: Debbie, Designer: BREDE, prepared by IDAHO ELECTRIC SIGNS," which has been made a part of the record in this matter and to place a directional sign off the premises on the north side of the entrance on Meridian Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 0 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) (~ t. . ( ( .. NOTICE OF FINAL ACTION Please tal(e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 6 7 -6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or de11ial of a variance authorizing a variance of SIGNS of the C-G Zone as provided in the Section 11-14-3 D and F, 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 2/ sP day of /l~ d- , 1999. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN ICEITH BIRD VOTED ~ COUNCILPERSON TAMMY deWEERD VOTED ,~ COUNCILPERSON CHERIE McCANDLESS VOTED .~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: S -- ZI -00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 12 ORDER OF DECISION GRANTING A VARIANCE / HOME FEDERAL (V AR-OO-002) to: \, ( MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orles Department, and the City Attorney office. Dated: \\\11" rt fll 11'1 , /l A'~\.~ Of MEF;:;:JI?/ (/ ~" ~, I_V; /J' 3~2/~~ $~Q ~nO.t).. ~1~~? j- . ..GV1~ ft'V1~ V ~ ..... ~ it:-.A. ,~ .." '0 <)o~ E ";, ~ SEAL ~~~ 1 ~~ C:, '.+,~ ~ r~ ~ ~ . U{'\ .::;U 0 ,~' ~ () Q r 151' · "', "- ~, ~\;:l/ vt:'S" .:.":: ~'\ ~~ ~ ///,~ \-n., ~i\r-:rv ~ ,'\ ''"1/ """'U. 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BEFORE THE MERIDIAN CITY COUNCIL~fl'XiQE;~mIAN ........... f IN THE MATTER OF THE ) APPLICATION OF BRS ) ARCHITECTS FORA VARIANCE ) TO ALLOW BUILDING HEIGHT ) OF 60 FEET IN A C-G ZONE, ) LOCATED OFF OF INDUSTRY ) WAY, WEST OF JABIL - LOT 18 OF ) BLOCI(4 OF CENTRAL VALLEY ) CORPORATE PARlC NO.6, ) MERIDIAN, IDAHO 03-13-00 V AR-OO-OO 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V ARlANCE The above entitled matter coming on regularly for public hearing before the City Council 011 the March 7, 2000, and Brad Hawl<ins-Clarl<., Assistant Planner for the Plan11ing a11d Z011ing DepartlTIent, appeared and COlTIlnented at the hearing, a11d Mil<.e Capshaw of BRS Architects appeared and testified on behalf of the Applicant, United Heritage, 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 testilTIOny presented, being fully advised in the premises does hereby mal<.e the followi11g Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council tal(es judicial 110tice of its Zoning, Subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ( ( Developme11t Ordinances codified at Meridian City Code Title II and Title 12 and all current zoning Inaps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The notice 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 lnatter have bee11 lnet. 3. The Applicant is United Heritage, do Jacl( Winderl, 1212 12th Ave. South, PO Box 48, Nampa, Idaho 83653-0048. 4. The location of the subject real property is off of Industry Way, West of Jabil - Lot 18 of Block 4 of Central Valley Corporate Parl< No.6, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this Inatter, and is described as follows: PARCEL C CENTRAL VALLEY CORPORATE PARlC NO.6 A portion of Lots 16, 17, 18 and 19, Blocl( 4 of Central Valley Corporate Parl< No.6 located in the SWl/4 of Section 18, T.3N., R.1E., B.M., as same as recorded in Bool< 76 of Plats at Page 7960, records of Ada County, Idaho, lnore particularly described as follows: Conunencing at the most westerly comer of said Lot 16; thence North 51 007'17" East, 214.59 feet to the REAL POINT OF BEGINNING; the11ce continuing North 51 007' 17" East, 51.31 feet; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERlTAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ( ( thence South 38000'00" East, 10 1.96 feet to the beginning of a curve to the left; thence along said curve 56.49 feet, said curve having a radius of 125.00 feet, a central angle of 25053'42" and a long chord of 56.01 feet, which bears South 50056'51" East; thence South 6305314211 East, 269.54 feet to the beginning of a curve to the right; thence along said curve 37.86 feet, said curve having a radius of 125.00 feet, a central angle of 17021114" and a long chord of 37.72 feet which bears South 55013'05" East; thence South 46032'2811 East, 22.32 feet; thence North 43027'3211 East, 114.45 feet; thence South 8903210211 East, 194.33 feet to a point 011 the easterly boundary of said Lot 18; thence along said boundary South 00027'58" West, 585.93 feet to the C-S 1/16 of said Section 18; thence continuing South 00027'58" West, 20.61 feet; thence along the southerly boundary of said Lot 18, North 89034'22" West, 8.72 feet; thence North 00013'18" East, 32.75 feet to the beginning of a curve to the left; the11ce along said curve to the left 179.05 feet, said curve having a radius of 160.00 feet, a central angle of 64007'0011 and a long chord of 169.85 feet which bears North 31 050'12" West; thence along the southerly boundary of said Lots 17 and 18, North 63053'42" West, 393.27 feet; thence North 26006'1811 East, 219.00 feet; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl I-~ f thence North 63053'42" West, 240.54 feet to the beginning of a curve to the right; thence along said curve 70.50 feet; said curve having a radius of 156.00 feet, a central angel of 25053'42" and a long chord of 69.91 feet which bears North 50056'51 II West; the11ce North 38000'00" West, 81.18 feet to the beginning of a curve to the left; thence along said curve 31.72 feet, said curve having a radius of 20.00 feet, a central angle of 90052143" and a long chord of 28.50 feet which bears North 83026'21" West to the Point of Beginning. Containing 3.67 acres, more or less. 6. The present land use of subject property is presently zoned as (C-G) General Retail and Service Commercial District. 7. The proposed land use of subject property is to develop the subject property in the following manner: The Applicant intends to build a three story class "A" Office Building, which is depicted in the attached Exhibit "A" consisting of seve11 (7) pages. 8. The Applicant seelcs a variance of the following provision of the Revised and COlnpiled Ordinances of the Meridian City Code Section 11-9-1, Zoning Schedule of Bllll< and Coverage Controls for C-G zone, which provides for a "MaximulTI Buildi11g Height of 40' . " 9. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are that the current zoning only allows a 40 foot maximum building height. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOI , ( ( 10. The difficulty or hardship which would result if requirelne11ts of the Ordinance were applied to the subject property are that the current zoning for this property allows for 40 feet maximum building heights. The Applicant requests 59' 8-3/4" to the top of towers; 50' 2-3/4" to the top of mansard, and 46' 2-1/2" to the high point of roof. 11. The difficulty or hardship which would result if requirelnents of t11e Ordinance were applied to the subject property are that due to the structural alld mechanical systems required, the design of the building requires a 59' 8-3/4" to the top of towers; 50' 2-3/4" to the top of mansard, and 46' 2-1/2" to the high point of the roof to cOl1tain the architectural and functional elements and a smaller three story office building would not have near the visual impact and architectural ele1nents. 12. A literal interpretation of the provisions of the Ordinance shall deprive t11e Applicant of rights commonly enjoyed by other properties in the same district under terms of the Ordinance is that the loss in the height of the top of the towers, the top of the mansard and the highest point of the roof, would not portray a good visual i1nage of the three story class "A" office building. 13 . The variance requested is for the visual impact the three story class ttA" office building would have along the interstate. The variance is not profit oriented, it is due to practicality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ~. ( 14. 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 cOlnplaints raised in the public hearing of this matter. 15. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Developlnent Ordinance and or the City's Comprehensive Plan. 16. The applicant paid the fee established by the City Council for application vanance. CONCLUSIONS OF LAW I. 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 3 67-6516 to provide as part of its zoning ordi11a11ce for the process of applications for variance pennits. 2. The City of Meridian has exercised its authority of Idaho Code 3 67 -6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code Ss 11-18 and 12-11. 3. That the requirements for the processing of a variance request are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ( ( in Idaho Code ss 67-6509,6516 and Meridian City Code 33 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridia11 City Code 3 11-18-2, and the findings which are required are set forth in S 11-17 -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 ilnpracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the ovvner, subdivider or developer because unusual topography, the nature or condition of adj acent development, or other physical conditions or other conditions that Inalce strict compliance with the ordinance unreasonable under the circumsta11ces, 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 i11 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. The provisions of the Meridian City Code, Sectio11 11-8-1, Zoning Schedule of Bulk and Coverage Controls for C-G zone provide for a "Maximum Building Height of 401 . " FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ( 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. The Applicant is hereby granted a variance of the provisions of the Meridian City Code, Section 11-8-1, as described in the attached Exhibit "A" consisti11g of seven (7) pages, which has been made a part of the record in this matter and to construct said building to a max:ilTIUm height of 60 ft., for the real property described as: PARCEL C CENTRAL VALLEY CORPORATE PAR1( NO.6 A portion of Lots 16, 17, 18 and 19, Block 4 of Central Valley Corporate Parl( No. 6 located in the SWl/4 of Section 18, T.3N., R.IE., B.M., as same as recorded in Baal, 76 of Plats at Page 7960, records of Ada County, Idaho, lTIOre particularly described as follows: Commencing at the most westerly comer of said Lot 16; thence North 5100711711 East, 214.59 feet to the REAL POINT OF BEGINNING; the11ce continuing North 51 007'1 7" East, 51.31 feet; thence South 38000'00" East, I 0 1.96 feet to the beginning of a curve to the left; thence along said curve 56.49 feet, said curve having a radius of 125.00 feet, a central angle of 25053'42" and a long chord of 56.01 feet, which bears South 50056'51" East; thence South 63053'42" East, 269 .54 feet to the beginning of a curve to the right; thence along said curve 37.86 feet, said curve having a radius of 125.00 feet, a central angle of 17021' 14" and a long chord of 37. 72 feet which bears South 55013105" East; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl { thel1ce South 46032'2811 East, 22.32 feet; thence North 43027'3211 East, 114.45 feet; thence South 89032'0211 East, 194.33 feet to a point on the easterly boul1dary of said Lot 18; thel1ce along said boundary South 00027'58" West, 585.93 feet to the C-S 1/16 of said Section 18; thence c011tinuing South 00027'5811 West, 20.61 feet; thence along the southerly boundary of said Lot 18, North 89034'22" West, 8.72 feet; thence North 00013'18" East, 32.75 feet to the beginning of a curve to the left; thence along said curve to the left 179.05 feet, said curve having a radius of 160.00 feet, a central angle of 64007'00" and a long chord of 169.85 feet which bears North 31050112" West; thence along the southerly boundary of said Lots 17 and 18, North 63053'42" West, 393.27 feet; thence North 26006'18" East, 219.00 feet; thence North 63053r42r1 West, 240.54 feet to the beginning of a curve to the right; thence along said curve 70.50 feet; said curve having a radius of 156.00 feet, a central angel of 25053'42" and a long chord of 69.91 feet which bears North 50056'51" West; thence North 38000'0011 West, 81.18 feet to the beginning of a curve to the left; thence along said curve 31.72 feet, said curve having a radius of 20.00 feet, a central angle of 90052'4311 and a long chord of 28.50 feet which bears North 83026'21" West to the Point of Beginning. Containing 3.67 acres, Inore or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl ( NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 6 7 -6521 an affected person being a perso11 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 Zoning Schedule of Bull( Use and Coverage Controls, of the C-G Zone as provided in the Meridian City Code, Section 11-8-1, and may within twenty-eight (28) days after the date of this decision and order seel( 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 2{ ~ day of fl1~~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED .~ COUNCILMAN I<EITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED ~ COUNCILMAN CHERIE McCANDLESS VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 3-;!-t-oo FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 0 of 11 ORDER OF DECISION GRANTING A VARIANCE / UNITED HERITAGE CORPORATE HEADQUARTERS / V AR-OO-OOl (r ( MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orles Department, and the City Attorney office. 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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN. 03-09-00 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR PINTAIL POINTE SUBDIVISION BY JEFF MANSHIP ) ) ) ) ) ) ) Case No. PP-OO-OOI 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 February 15, 2000, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, appeared a11d testified, and the Applicant, Jeff Manship, appeared and testified, and appearing and testifyi11g with comments or concerns were: Bob Unger of Pinnacle Engineers, Inc. who represe11ts Paul Edluinister who is Projects West who is the Developer of English Garde11s Subdivision which is the development directly to the west of this project, and George Davis, and the matter being continued until March 7, 2000, and Brad Hawldns- Clarl<., Plal1ning and Zoning Assistant Planner, appeared and testified, and no one appeared and testified in opposition, and the City Council having received a report from Bruce Frecldeton, Assistant City Engineer, and Brad Hawldns-Clarl(, Assista11t Plan11er, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning COlnrnissio11 a11d the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - I ( ( applicant having submitted the latest Prelilninary Plat Drawing Dated: 11-18-99, Drawn By: RWS, DRAWING NO. 314-10-410-000, SHEET 1 OF I, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTE SUBDIVISION, subluitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridia11 City Code 9 12-3-3. Therefore the City Council mal(es the following findings: FINDINGS OF FACT 1. That the proposed development is in conforluance with the Comprehensive Plan by reason of the fact that it lies within the existi11g Urban Area as defined in the Meridian COlnprehensive Plan Generalized Land Use Map, Infrastrtlcture Planning Analysis Comprehensive Plan and Map, adopted Deceluber 21, 1993 and, the property is presently zoned, and requires con11ection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is deterlnined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirelnents and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - 2 ( 4. The proposed development is a continuity of the proposed developmeIlt within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer 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 Recolnmendation 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 Drawing Dated: 11- 18-99, Drawn By: RWS, DRAWING NO. 314-10-410-000, SHEET I OF 1, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTE SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided i11 Meridial1 City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOl) - 3 ( ( herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing Dated: 11-18-99, Drawn By: RWS, DRAWING NO. 314-10-410-000, SHEET I OF I, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTE SUBDNISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Department and City Engineer Recoffilnendations as follows: 2.1 Sanitary sewer service to this site is proposed to be an extension froIn the proposed English Gardens Subdivision. Subdivision desigI1er to coordinate main sizing and routing with the Public W orlcs Department. Sewer manholes are to be provided to l(eep the sewer lines on the south and west sides of centerline. This development will be subject to Blacle Cat Trunle expansion fees. These fees are currently estimated to be $1 ,500.00 per lot. These fees shall be due and payable upon city signatures on the final plat Inap. 2.2 Subdivision designer to coordinate main sizing a11d routing with the Public W orl(s Department. 2.3 Applicant shall revise the preliminary plat to reflect plans for a pressurized irrigation system, (pumping facilities, piping, etc.), per the requirements of Meridian City Ordinance. Applicant shall indicate whether the pressurized irrigation system within this developluent is to be owned a11d maintained by the homeowners association or the N alnpa & Meridia11 Irrigation District. If the system is to remain a private hOlneoWl1ers' association system, plans and specifications shall be reviewed by the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - 4 W orl(s Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creel< or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature 011 the final plat by the Meridian City Engineer. 2.4 Applicant shall coordinate fire hydrant placement with the Meridian Public W orl<-s Department. 2.5 A hammer-head turnaround shall be provided at the terminus of the east and west ends of the stub street providing frontage to Lots 1 and 2, Blocl< 3. 2.6 Applicant shall show any existing easements of record 011 the plat and any plans for piping, relocating, or abandoning ditches. 2. 7 Developer shall be responsible for payment of assessments and the actual physical connection to the municipal sewer and water system of the existing home located on Lot 2, Blocl< 3. Fees are to be paid prior to signature of City Engineer on the final plat. 2.8 The minimum residential house size is 1 ,500 feet, exclusive of garages a11d shall be so noted on the face of the plat. 2.9 The 20-foot landscape buffer along Cherry Lane shall be designated as a separate lot (i.e. Lot 1, Blocl( 3) rather than an easement. The lot shall become a COlnmon lot of the subdivision and be maintained by the Homeowner's Association. A detailed landscape plan for this lot must be submitted with the Pinal Plat application. A letter of credit or cash surety will be required for the improvements prior to signature on the final Plat. 2.10 There is a 30-foot wide, permanent, ingress, egress and utility easement along the west property line of this parcel (not shown on the plat). Applicant shall submit an application to vacate this existing easement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - 5 ( prior to submitting a Final Plat application. The easement vacation must be complete prior to the City Engineer's signature on the Final Plat. 2.11 The primary public road issue is important to receive ACHD's input on is the lacl< of connection to the unplatted, 5-acre parcel contiguous to the east. The length of the proposed Manship Place does not exceed 1 ,000 feet, so a stub street is not required under Meridia11' s Subdivision & Development Ordinance. 2.12 If fencing is planned, Applicant must submit fencing details (location, construction type, height) with the Final Plat application. The perimeter fencing shall be constructed along the east and south boundaries during the time of any house construction to contain construction debris. The Plan11ing and Zoning Commission further recolnmended: 2.13 That an easement be required to maintain their lawns. Adopt the Recommendations of the Ada County Highway District as follows: 2.14 Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewall( within 50-feet of righ t -0 f-way. 2.15 Replace the unused curb cuts on Cherry Lane with curb, gutter a11d concrete sidewall, to match the existing improvements. 2.16 Extend Tudor Street into the site at the west property line between Lot 1, Blocl, 1, and Lot 3, Bloclc 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewall( within 50-feet of right-of-way. 2.1 7 Construct an ACHD approved turnaround at the northern termi11US of Manship Place. Coordinate the design of the turnaround or IG1ucl<le with District staff. 2.18 Building permits for this subdivision shall not be issued until the streets FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - 6 ( u.... .._ ( in the approved English Gardens have been constructed to provide access to the subject applicant. 2.19 Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.20 Pintail Pointe shall participate in the cost of construction of the lift station and pressure sewer line to be built and located within the English Gardens Subdivision. 2.21 Pintail Pointe shall participate in and utilize the pressure irrigation system proposed for English Gardens. 2.22 Pintail Pointe shall be a part of the Homeowners Association for English Gardens, and shall be subject to the same CCR's as English Gardens. 2.23 Pintail Pointe shall create a landscaped lot adjacent to the proposed landscape lot abutting Cherry Lane, which shall be a part of the common ground deeded to the Homeowners Association. By action of the City Council at its regular meeting held on the 2f rp day of /Yl,~ofv , 2000. Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.s Department and City Attorney. Dated: g~ Z/-iJO , \\\\1HUftrlfl, \.'\\-\' Of lSr-- 1111I ,.....-.;.....J 'VH::fl{A /,. tr..'~ ~, 'V.I /)".1' SE~4L ).'! ~ ~ ~ ~ ~/~ ,,<fJ g ~~ <:J. -\}-r 1 S1 · ~ f> $ ~ fI.~~l ~""<. , ~/ v a '0 '). ,. ,.::- /1' .. . OU}\, f --:r'l ~ . ~~.. ' 1'111/'" t~ ~ t \.\\\\\\ J ! "; :~ ~. ~. i .:. ~ !. t i \).1. ~ By: City Clerl( msg/Z:\W ork\M\Meridian I 5360M\Pintail Subd\FfCIsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-OO-OOI) - 7 RECO~__D" REOUEST or: 'tt.. ..:. .:-.~: ADA COUNTY RECORDER t::!J. ,J. OJ\VfD NAVARRO () nO!:iC, :Df~HO DEPUTY 100038150 ZOUOHY I 8 PI; 2= If 8 MERIDIAN Cln' CITY OF MERIDIAN ORDINANCE NO. $6S AN ORDINANCE FINDING THAT THE OWNER 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-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICTS TO ENTIRELY R-I5 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE 9 11-7 -2 E, 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 followillg described property has Inade a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) and R-15 (Medium High Density Residential) Districts to R-15 (Medium High Density Residential District as LYND HOOVER/ (R-15) RZ-OO-OOI / RE-ZONE ORDINANCE - 1 ( ( defined under Meridian City Code 9 11-7 -2 E; and 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 in the attached Exhibit uA", and with conditions to-wit: 3.1 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3 .2 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public W orl<s Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 3.3 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setbacl< requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the violations that presently exist. Total clean-up of the site and compliance with existing ordinances within 30 days is required. LYND HOOVER/ (R-15) RZ-OO-001 / RE-ZONE ORDINANCE - 2 (' 3.4 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. 3.5 Provide five-foot-wide sidewalks in accordance with City Ordinance and other roadway dedication and improvements as required by ACHD. 3.6 Dedicate 25-feet of right-of-way for the extensiOll 4th Street abutting the parcel along the west property line from Badley Street to the south property line, 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. 3.7 The Applicant shall construct a 5-foot wide concrete sidewall( only on the property owned by the Applicant. 3.8 Extend 4th Street from Badley Street to the south property lil1.e as one-half of a 3 7 -foot street section, plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewall<. Coordinate the iluprovements with District staff. 3.9 Construct driveways 24 to 30-feet wide and a minilTIUlTI of 50- feet from any street intersection. Pave the driveways their full required width and at least 30-feet beyond the edge of pavelnellt of Badley Street or 4th Street. 3.1 0 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 3.11 As required by District policy, restrictions 011 the width, number and locations of driveways, shall be placed on future development of this parcel. LYND HOOVER/ (R-15) RZ-OO-001 / RE-ZONE ORDINANCE - 3 ( SECTION 2. That the above-described Property be, and the saIne is hereby re- zoned and designed (R-15) Medium High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area Inaps as well as the official zonil1g Inaps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in COl1flict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from a11d after its passage, approval and publication, accordi11g to law. ~ ~~SSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisZ_ aay of /11t:lAd~ ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this2lSPdayof f/JUVu/v ,2000. , ATTEST: , , \ \ \t \1 or :\ \.\ , F M 111I ,,~'':t''l 0 EFt.~,) ////// ~ (}' ,.~..~ // .$ c,of\Po,,?st1 r.. !rJ,. ~ ~ ~ ~ ~ E ~ ~ = ~ .: SEAL = ~ ~ OJ ~ :; -,; . -~~ "Qi ~ ~ ()4 11S~ · ~ S ~;" .ny a ~~ ~ /// n, ". ~,,,, i>'I '-'uNT'l. "" Illt/flH HH\\\\\\\ LYND HOOVER/ (R-15) RZ-OO-OOI / RE-ZONE ORDINANCE - 4 ( ( STATE OF IDAHO,) : 58. COU11ty of Ada. ) On this",,,l day of fY\~~ ,2000, before me, the u11dersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set Iny hand and affixed IllY official seal the day and year first above written. ........ ~ ..~ ~:.-Q9... · ~,,,,,O TA~' .. .~,~ -~', . · J::r:i.,' ~ .).... " · (SEAL) :~,' * \N~ PUBLIC FqR ~DAHO :oo~ * * :>: RESIDING AT: ~di~ I j) . \ , . ~ \\ ,1: MY COMMISSION EXPIRES: q-l6~ MSG\Z:\W ork\M\Meridia~. ~~' ~~e\RZOrdinance ~ ~~---_.... .. ..;~OFIP .\t ......0. LYND HOOVER/ (R-15) RZ-OO-OOI / RE-ZONE ORDINANCE - 5 ( cr. CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax COlnmission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. $6~ passed by the City Council of the City of Meridian, on the .2I~b day of /nM~ 2000, is a true and correct copy of the original of said document which is in the care, custody and co-ntrol of the City Clerl( of the City of Meridian. - \"Ut1HH ri II < \,\\ &,1r-- /11; ~~~"" Of lwr::fIlD.I 11//.. ~ ~ pO,f;) A ~"'(lA ... /r:'.-;.. k (j o'i\ .. !Vi J:...... # Y ~ .:: ~o <:'A /' :.: ~ 1f.J"~ :: ~ ~ E - :: SEAL ; -,. &> ~ ~.I" ,,~{..) ~ ~"A V8i lS~ · ~~ ~ ~~~ ~ ~ ~ ~'i ~ l - ....',..... STATE OF IDAH~/II)/;ot./,NT'l t ,\,\\,.... 1111IlJH~Ut\\' . s~. County of Ada, ) 'Sr ' On this tl day of .h./, in the year 2000, before Ine, thtl. · Yr 2C-t/ , a Notary Public, appeared WILL G. B G, JR., l<nown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. .....,0" ..."'C2 fJ .. . ~ "f ~~- -....9....<r .. .-<o~.... TA ~~"-~ .\,/'~ 0 - ~.A" .. ~lt1.' ~ , . .~,' * * * \t'111 . , 1>- .. tn. I II , , S . , I . " \, I' ., o "-A_ .. C' . &..~~,~~~~,~~().. 4.11li OF ro~... ........ msg\Z:\ W ork\M\Meridian 153 60M\Hoover Rezone\CertificationOfClerkRZOrd (SEAL) Not P blic for Idaho CommIssion Expires: 4-lh-1fD CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-OO-OO 1 ( DESCRIPTION FOR L YND HOOVER ( A parcel of land lying in the ~ % of Section 7. Township 3 North. Range 1 East, Boise Meridian, City of Meridian, Ada County, idaho, more particularly described as follO'Ns: Commencing at the center % comer of Section 7. Township 3 North, Range 1 East, Boise Meridian, thence N 00000.00" E 1294.00 feet along the east line of the t#I % to a point: thence S 89c01 '30" W 517.00 feet parallel with the south line of the NW % to the REAL POINT OF BEGINNING of this description; Thence continuing S 89a01 '30. W 215.01 feet to a point Thence N 00000'00. E 370.48 feet parallel with the east line of the ~ X to the northeast comer of Olive Dale Subdivision No.1, filed in Book 21 of Plats, at Page 1392. re.;oros of the Ada County Recorder's Office; · Thence S 88058153" E 102.38 feet to the southwest comer of a parcel of land as shown on that certain Record of Survey No21329 records of the Ada County Recorders Office; Thence N 8905011" E 112.62 feet along the south boundary of said parcel to a point; Thence S 00000'00" W 365.13 feet parallel with the east line of the ~ % to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 1.813 acres, more or less. EXHIBI"r "A" .= ~~ rJ~ ~ U1 ~ ~ o AJ ,-tj -<1-1 ZZ Z::I> Z In orrl DZ <0 rrl- AJm Cf' Ul t:j <: ~ ~ <L1 elL - C ~ ro8 ~g -i ~ ['1 -< t:S ~n 0 ~~ " ~d 3:: ~z rr1 5:' Al ooM t; ~- H itg ~ [J ;;tJ t:::t Z ::ta- ~ m 0\ c.n "- (' ~. . ( fORDED - REOUEST OF FEEo/ DEPUTY 6ff7f i 0 0 0 4 2 7 5 2000 Jri -, PM 3: 06 DEVELOPMENT AGREEMENT o 1.. 31..00 3. City of Meridian Developers Diversified Realty Corporation. developer, for (AZ-99...0 12) and (RZ-99-007) Terrace Lawn Memorial Gardens, Inc., an Idaho corporation, owner, for (AZ-99.0 12) H~.rmes Associates, LTD. a Utah Umited Partnership, owner, (RL.. 99.. 00 7) PARTIES: 1. 2. 4. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this Zl $'j? day of Irl~ ,2000, by and between CfIY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called I4ClTI", and DEVELOPERS DIVERSIFIED REALlY CORPORATION, "DEVELOPER" whose ad<:fress is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, L TD, A lIT AH LIMITED P ARlNERSHIP, "OWNER" whose address is c/o Developers Diversified Re.alt.y Corporation, 3300 Entf'.Iprise Parkway, Beachwood, Ohio 44122, and TERRACE lAWN MEMORIAL GARDENS" JNC., "OWNER" whose address is 1200 N. Cloverdale Road, Boise, Idaho.. I ''- RECITALS: ) .1 WHEREAS, "Terrace Lawn Memorial Gardens, I fie. 7P and U Developers Diversified Realty Corporation>> are Ule owners, in law and/or equity, of certain tract of land in the County of Ada,. State of Idaho, desaibed in Exhibit A. which is attach~d I,ereto and by this reference incorporated herei11 as if set forth in full, l\erein after referred to as the .Propeny 1 '1; and 1.2 WHEREASJ' .OWNER" Hermes Associates, Ltd., a Utah Limited Partnership, is the sole O\Vl\er, in law and/or equity, of certain tract of land in the County of Ada, S~te of Idaho, described in Exhibit B, which is attaChed hereto and by this R'ference incorporated herein as if set forth in full, hereinafter referred to as the "Property 27t; and DEVELOPMENT AGRHEMENT - (AZ-99-o12 and RZ-99-0(7) - J I 1.3 1.4 1.5 ( ( WHEREAS, I.C. ~67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Devclopertt make a writt(!n commitment con~rning the use or development of the s\Jbject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code fii 11-7-12 and 11-16-4 A, whi<.'h authorizes devdopment agreements upon the annexation and/or re.. zoning of land; and WHEREASF "Developer" has submitte.d an application for annexation and zoning of the <<Property 1" described in Exhibit A, and has requested a designation of Conununity Business District (C- C), (Meridian City Code) Case No. AZ-99-O 12 - ; and 1.6 WHEREAS, "Developer'" has submitted an application for rezone of the c.Propeny 2" described in Exhibil B, and has requested a designation of Community Business District (C-C),(Meriwan City Code) Case No- RZ-99-007):J and which will be: developed in conjunction witl\ Property 1. 1.7 WHEREAS7 fCDeveloper" has n\ade re.presentations at the p\lblic hearings and intends to develop tile properties which are the subject of the above referenc.ed proceedings as a mixed use shoppillg center; and 1.8 WHERFAS1 record of the proceedings for the requested annexation and zoning d~signation of the subject "Properties" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of governmeJit sl.lbdivisioIlS providing services within the City of Meridian planning jurisdiction" and received further t~stimony 'and comment; and .. .1 lqqq WHERFAS, City Council" the itf~ day of f'tovamher; 2000, has approved certaitl annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ-99..012, set forth in Exhibit C, which are attached hereto and by this 1_9 DEVELOPlvIENT AGREEMENT - (AZ-99-o 12 and RZ-99.oo7) - 2 (/'_<u _ . ( refereJlce incorporated herein as if set forth in full, hereinafter ref~ed to as (the "Findings"); and · · I +h . I tq if ~ 1. I 0 WHEREAS, City Counru7 the ~ day of . ~~vember 200e, has approved ~..rtain rft-zone Findings of Fact and Conclusions of I..aw and Decision and Order" Case No. RZ-99-007 set forth in Exhibit DJ which are attached heret.o and by this reference incorporated herein as if set forth in full, hereinafter referred to a.s (the UFintungs"); and 1.1 I WHERFAS, both tile "Findings" require the 44 Developer" and "Owne~" to enter into a development agreement before the City Council tak~s final action on annexatiOJl and zoning and re-zoning designation; and I ~ 12 "DEVELOPER" deems it to be ill its best interest to be able to erlter jnto this Agreenlefit and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and I.. I 3 WHERFASll UCity" requires the "Developer" to enter into a development agreement for the purpose of ensuring that "Property I D and "Property 2'1 are deve~oped, and the subsequent use of the uProperties" is, in accordance with the terms and conditions of this development agrttlnent7 herein being established as a result of evidetlCe received by t.he "City" in tile proceedings for annexation and zoning and re-zoning designation from government subdivisions providitlg se.rvices witllin the planl'ing jurisdiction and frool affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, Jatluary 4, 1994, and the Zoning and Development Ordinance codified in TItle 11, Municipal Code of the City of Me-ridian. NOW J "rHEREFORE7 in cotlside.ratiO!l of the covenants and condition5 set forth herein, th~ parties a~e as follows: ' 2. INCORPORATION OF RF~ITALS: That the above recitals are l~ontractual and binding and are iJlcorporat~d herein as if set forth in full. DEVELOPMENT AGREEMENf - "(AZ-99-o] 2 and RZ-99-0(7) - 3 ( ('-- 3. D EFINITlONS: For all purposes' of this Agreement the following words, terms, and phrases herein C011tained in tllis section shall be defitled and interpreted as herein provided for, unless the clear context of tile presentatiOt\ of the same requiJl".s otherwise: 3.1 "CIlY": means and refers to the City of Meridiant a party to this Agreement, which is a tnnnicipal Corporation and government subdivision of the state of Idaho;. organized and existing by virtue of law of the State of Idaho) whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3..2 "DEVEWPER": means and refers to Developers Diversified Realty Corporatioll, and its successors, assigns and affilia.tes, whose address is 3300 Enterprise Parkway, Beachwoodt Ohio 44122~ the party developing t4 Property I n and/or ~ Propert. Y 211 and shall include any subsequent owner( s )/developer( s) of the "Property". 3.3 "OWNER 1 It: me.ans and refers to Owners of Property I, Exhibit "A", Terrace Lawn Memorial Gardens~ me..., whose address is 1200 N. Cloverdale Road, Boise, Idaho. 3.4 "OWNER 2": means and refers to Owner of Property 2J Exhibit B. , and Hennes Associates, L TDJ a Utah Umited Partnership, whose address is c/o Developers Diversified Realty Corporation, 3300 Enterprise ParkwaY71 &achwood, Ohio 44122.. 3.5 "PROPERlY 1 ": nleaI1S and refers to Property 1" owned by Terrace Lawn Me.morial Gardens, Inc. and Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood) Ohio 44122, which are those certain paredes) of "Property" )<>eated in the County of Ada, City of Meridian as described in Exhibit itA" and "A-I n J attacl\ed I\ereto and by this reference incoq>orated herein as if set forth at length. 3.6 "PROPER'IY 2": means and refers to Hennes Associates, LTDl' a Utah Limited Partnership, those certain parce1(s) of uPropertyPl located in the County of AdaJ City of Meridian as described in DEVELOPMENT AGREEMENT - (AZ-99...Q 12 and .Rz..99-D(7) - .. (' ~.t. ( Exhibit "BJJ I' attached hereto and by this reference incorporated hereiJl as if set forth at length. 4. for purposes of this Agreement, Owner l's responsibilities shall be subject only to tllOse provisions of this Agreement which make reference to Property I, even though for ease of reference there are numerous references to Developer/Owner. 5. USES PERMITTED BY THIS AGREEMENT: 5.1 The uses allowed pursuant to this Agreement ar~ only those uses allowed under "CityO's Zoning Ordinance codified at Meridian City Code 111-7.2 1 which are l\erein specified as follows: (C..C) Community Business District: The purpose of the (C.C) District is to permit the establisl\ment of gO\eral busil\ess uses tl\at art: of a larger scale than a neighborhood busine.ssJI and to enco\Jrage the development. of modem shopping centers with adequate off- street parking facilitie.s7 atld associated site amenities t.o S~-fVe area residents and employees; to prohibit strip cOmD1t-Icial development and encourage the clustering of cOJnmerdal enterprise'.s. All S\lch districts shall have direct. aCCeSs t.o a transportation arterial and collector and be connected to tile Municipal Water and Sewer systems of the City of Meridian. With the ~er restriction t.hat all uses and development of the subject r~ property shall be governed under the conditional use permit process as a planned development. For the colL'ltruction and dnelopment oj It commercial .,hopping cmtu. .5.2 No change in the uses specified in this Agreement shall be allowed withol1t modification of this Agreement. 6. DEVELOPMENT AS CONDITIONAL USE~ "Developer/Owner 1/Owner 2" has sublnitted to "City" an applic.ation for conditional use pennit, and shall be required to obtain the "City"'s approval thereof, in accordance to the DEVELOPMENT AGREBMBNT-(AZ-99"()12 andRZ-99.oo7)-' (~ .. \ (--. City's 7..n1ling & Development Ordinance ~teria, therein, provided, prior to" and as a condition of, the comnlenCetnent ()f c.~onstruction of any buildings or improvements on the uProperty I" and/or "Property 2". 7.. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERlY: 7.A "Developer/Own~.r I/Owner 2" shall develop the "Property" in accordance with the following special conditions: 7.1 Dedicate sufficient additional right-of-way to total 60-feet from sectiOJ\ line of Fairview Avenue abutting Ule eJ\tire site. The right-of- way sllall be dedicated by means of recordation of a final subdivision plat or ex~cution of a warranty deed prior to issuance of any Certificate of Occupancy. 7.2 Dedicate 76-feet of rigl\t-of..way (38-feet froOl the centerline) for Records Drive (rom Fairview Avenue to a. point 300-feet south of Fairview Avenue and 6O-feet ,of right-or-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat.l. or execution of a warranty deed, to Ada County Highway District prior t.o issuance of a any ('~rtificate of Occupancy. 7 .3 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting "Property I II and "Property 2" (approxio\ately 822-feet total) prior to issuance of any Certificate of Occupancy. The c.onstruction plans for the developm~-I\t of any portion of "Property lit or "Property 2" showing the sidewalk must be approved prior to issuance of a building pennit for the respective portion of uProperty I n or "Property 211. 7.4 Prior to opening any business on any portion of "Property 1" or 44Propert.y 2"7 construct pavement widening on Fairview Avenue adjacent the property upon which such store will open to add one ea.stbo\Uld lane from Records Drive to the east property line of such property. DEVELOPMENT AGREEMENT - (~99"() 12 and RZ-99-O(7) - 6 ( f..._.~ ( 7.5 ConstnJct a maximum of three driveways on Fairview Av~nue a minimwn of 440-feet for a full access driveway and 220-feet for a right-inlright-out driveway from any public street int~ction and 22o.feet from all existing or proposed drivewa.ys. The maximum driveway width will be 40...feet with a mininlUn\ storage length of lOO-feet. Install a 36" by 36" high intensity STOP sigtl at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii.. Coordinate the design, storage lel\gth and location of any proposed driveways with Ada County Highway District staff. 7 . 6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximatt1y 27JOO..feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. T we southbound lanes are needed from FaiJView AVen\le to a point 300~feet south of Fairview. Dedicate suffidet\t right-of-way for the noted improvements. 7.7 ConstJ:uct a traffic sigllal at. the Fairview Avenue/Records Drive intersection. Provide a11d install an Opticom device for emergency vehicle pre~ptiOt' of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications_ The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Subnlit the signal design to District staff for approval prior to construction.. 7.8 A maximum of three driveways are approved OJ1 Records Drive. The driveways shall be located a nlittjlnum of 1 75-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb retllm driveway with 15-fCX)t curb radii. The miniOlum storage length shall be 50-feet. Install a :J6n by 36" high intensity STOP sign a.t the driveway's jnters~on with Presidential Drive. DEVEWPMENT AGREEMENT - (AZ-99-O 12 and RZ-99..(J()1} - 7 ( .,.-::......-... ., ( 7.9 Other than the access points spedfically approved with this application,. direct lot or parcel access to Records Drive or FaiIview Avenue is prohibited. 7 .1 0 Applicant shall submit a revised legal description to meet all of the aiteria requiJed by Meriluan City Resolution 158, and the Idaho State Tax Commission for the rezone. 7 . 11 Applicant shall prepare and subnlit a subdivision pIal for any splitting of property. 7 .12 Applicant shall satisfy all fire code requirements including those pertaining to water flow ar\d fire hydrants. 8. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreenleflt and .the cOlnmitments contained hen-irl shall be terminatedl' and the zoning designation reversed, upon a default of the -Developer/Owner I/Owner 2~ or "Oeveloper/Owner 1/Own~r 2"'5 heirs, successors, assigns. to comply with Srctions 5 and 7 entitled "Conditions Governing Development of s\lbject "Property" of this agreement within two (2) years of tIle date this Agreement is effective, and after the <<City" has complied witll the notice and hearing procedures as outlined in I.C~ ~ 67 -6509 J or any subsequent amendments or reaxlifications thereof. 9. CONSENT TO D~-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner I/Owner 2" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subjel.'t to and conditioned upon the following c.onditions precedent ltrwit: 9.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner- I/Ownex 2" and if the "Developer/Owner I/Owner 2J1-fails to cure such failure within six (6) Dlonths of such notic.e. 10. INSPECTION: "Developer/Owner J/Owner 2~ shallp immediately upon completion of any portion or the entirety of said development of the "Propeny" as required by this agreement or by City ordinance or policy, notify the City DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-OO7) - H ( Engineer and requE'st the City Engineer's iX1spections and written approval of such completed inlprovements or portion thereof in accordance with the tern\s and conditions of this Developlllent Agreement and all other ordillances of the "CityD that apply t.o said Development. II. DEFAULT: 1 I .. 1 In the event u. Developer/OwneI l/Owner 2"h J "Developer/Owner II Owner 27J's heirs, successors~ assigns, or subsequetlt owners of the 44 Property" or any other person acquiril\g an interest in the 4LPropertyJ), fail to faithfully comply with all of the terms and conditions included ill this Agreenlct\t in connection with the M Propeny7J 7 this Agreen\ent may be modified or terminated with respect to the "Propert.y" which is in default by the "City" upon complia.nce with the req\lirements of the Zoning Ordil\ance.. 11.2 A waiver by "City>> of any default by MDeveloper/Owner l/Owner 2D of any aile or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to 31\Y subsequent breach of any such or other covenants and conditions~ 12-. REQUIREMENT FOR RECORDATION: "CityD shall record eitller a tl\emorandunl of this Agreement or utis Agreetnent, including all of the Exl,ibits, at "Developer/Owner I/Owner 2"'8 cost, and submit proof of such recordil\g to "Developer/Owner I/Owner 271 t prior to the third reading of the Meridian Zoning Ordinance in connection with the axmexation and zoning of the ~Property'" by t.he City Council. If for any reason aft.er such recordation, the. City Council fails to adopt tile ordinance in comlection witl\ the annexation and zoning of the "PropertyJ? contemplated hereby, the ltCity" sllall execute and record an appropriate instrunlent of releAse of this Agree.ment. 13. ZONING: aCity'" shall, following recordation of the duly approved Agreement, et\act a valid and binding ordinanl-:e zoning the II. Property" as specified hereiJ\.. 14. REMEDIES: This Agreement shall be enforceable in any court of cnmpetent jurisdiction by either "City" or "Develope.r/Owne.- I/Owner 2", or by DEVllLOPJ\lliNT AGREEMENT - (AZ-99-o 12 ami RZ-99.()()7) - 9 (. (... any successor or successors in title or by the a,c;signs of the parties hereto~ Enforcement may be sought by an appropriate action at law or in equity to secure the specific perlonnance of the covenants, agreements, conditions, and obligations contained herein. 14r 1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner I/Owner 2" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such defa\llt which cannot with diligence be cured within such thirty (30) cL-'ly period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall pw5eCllte the curing of same with diligence and continuityJ then the time allowed to cure such failure may be extended for such period as may be nec.essary to complete the Cllring of the same with diligence and continuity. 14.2 In the event the llerl"omlance of any covenant to be performed hereunder by either "DeveloperJOwner I/Own~ 2" or "City" is delayed for ca\JSes which are beyond the reasonable control of the party responsible for such perfonnance, which shall include, without linlitation, acts of civil disobedience, strikes or similar causes, the time fot" such pe.rfomlance shall be extended by the amount of tilne of such dday. 1.5. SURETY OF PERFORMANCE: The UCity'" may also require S\lrety bonds, irrevocable: Ie.tters of credit, cash de.posits, certified cl\eck or negotiable bonds, as allowed under Meridian City Code ~ 12-5...37 to insure that installation of tile in1proven1ents ~quired in section 7 of-tltis agreement., which the "Developer/Owner I/Owner 2" agre~~ t.o provideJ if required by the "City". 16. CERTIFICATE OF OCCUPANCY: The "DeveloJXr/Owner l/Owne.r 2" agrees that no Certificat~$ of o COlp anq , will be issued until all improvements required in section 7 of this agreement are completedJ unless the "City" and JM Developer/Owne.r l/Owner 2 R have entered into an addendum agreement statil\g when the iDlprovements required in seL1ion 7 of this agreement will be completed in a phased development; and in any event, no Certificatt!S of Occ.upancy shall be DEVELOPMENT A<iREBMENT - (AZ-99..o 12 and RZ-99-(07) ... 10 l~ ~, issued in any phase in wllicll the improvenlcnts required in SectiOil 7 of this agreement have not been installed, completed, and accepted by t.he "City". 1 7. ABIDE BY ALL CI';N ORDINAN~ES: That "DeveloperJOwt\er 1/0wner 2" agrees to abide by all ordinances of the City of Meridian and "Property 1" and/or "Property 2" as the c-.ase may he shall be subj~ct to de-annexation if the owner or his assigns, heirs., 0'[ $Ucc.(".$sors shall not Olec:t the conditions contained itl the. Findings of Fact and Conclusions of law, tlljs Development Agre.enlent, and the Ordinances of the City of Meridian. 18. NOTICES: Any notice d~.sjred 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 mall, postage prepaid, return receipt requested, addressed as follows: CrrY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Developers Diversified Realty Corporation. 3300 Enterprise Parkway Beachwood, Ohio 44122 ATfN: Eric M. Mallory with copy to: C/O Dakota Company, Inc. 380 E. Parkcenter Blvd." Suite 100 Boise, Idaho 83706 ATIN: La.ny Durkin City Cl~rk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 OWNERS: U Property 1:rJ Terrace Lawn Memorial Gardens, Inc. 1200 N. Clovcrdale Road Boise; Idaho DEVELOPMENT AGllBEMENT - (AZ-99'() 12 and Jlb.99-O(7) - t 1 ( ( c/o D~elopers Diversified Realty CorporationJ 3300 Enterprise Parkway, Be.achwood, Ohio 44122 .. Property 27P Hermes Associates, LID, a Utah Un'\ited Partnership do Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood7 Ohio 44122 18.. 1 A party shall have the right to change its address by delivering to the other party a written notificatiOtl thereof in accordance with the requirem~nts of this sectioll. 19. ATTORNEY FEES: Should any litigation be commenced between the partic:-.s hereto concerning this Agre.ement, the prevailing party shall be entitled., in addition to any other relief as ma.y he gr~ntedll to court costs and reasonable attorney's fees as determined by a CO\lrt of competent j\uisdiction. This provision shall be deenled to be a separate contract between the parties and shall survive any default, t~rminatiot\ or fod~iture of this Agreement. 20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that tiOle is strictly of the essence with respect to each and every term, condition and provision hereof, and that the fail\lre to timely perform any of the obligations here\mder shall constitute a bread\ of and a default under this Agreement by the other party so failing to perform. 21. BINDING UPON SUCCESSORS: TI\is Agreement shall be binding upon and inure to the bel\efit of the parties' respective heirs, successors. assigns and persolw tt.1lresentatives, including "Cilyh:lS corporate authorities and their successors in office. ,.t"his Agreetnent shall be binding on the own~.r of the ctProperty", each subsequent owner and any oth~r perSOll acquiring an interest in the "Property". Nothing herein shall ill any way prevent sale or alienation of the "Property" J 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 boUIld by the conditions and restrictions herein ~resse.d. "City>> DEVELOPMENT AGRUEMENT - (AZ-99-o 12 and RZ-99-OO1) - 12 ( ( agre~.$, upon written requ~t of ClDeveloper/OWller I/Owner 271 ~ to execute appropriate and recordable. eviden(':e of termination of this Agre.enlent if "City", in its sole and reasonable discretion, llad determined that "Developer/Owner II Owner 2" has fully performed its obligations und~ tJlis Agreen\enl. 22- INVALID PROVISION: If any provision of this Agreelnent is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and th~ invalidity thereof shall not affect any of the other provisions contained: herein. 23. FINAL AGREEMENT: This Agreenlent sets forth all promises, inducements, agreements, condition and tU1derstandings between "Developer/Owner I/Owne-I 2ft 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 "Developer/Owner 1/0wner 2" atld "City" J other than as are stated hen-in. Except as herein otherwise provided, no subsequent alteration, amendment~ change~ addendum or addition to this Agreen\ent. shall be binding upon the parties hereto unless reduced to writing atld signed by them or their succe.ssors in interest or their assigns~ and pursuant~ willl respect to ~Cityh 7 to a duly adopted ordillance or resolution of "City". 23. 1 No condition governing the uses and/or conditions governing development of the subjeL~ "Property" herein provided for can ~ modified or amended witl\out the approval of Ule City Council after tIle ""City" has conducted public hearing(s) in a<.~cordance with the notice provisions provided for a zoning designation and/or amendment ~ force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 Dlay be approved by City Public Works and Plan.J\ing and Zoning Staff, if s\lch changes are required or preferred by Ada County Highway District Staff. 24. EFFECTIVE DATE Of AGREEMENT: lhis Agreement shall be effective 01' the date the Meridian City COllnol shall adopt the cunendment to th~ Meridian Zoning OrdlJlance in connectiotl with the annexation and zoning of the "Property" and ~ecution of the Mayor and City aerlc. DEVELOPMENT AGREEMENT - (AZ-99-012 und RZ-99-O(7) - 13 ( t. r ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Developer Daniel B. Hur · tz (Print Name) Its: Executive Vice President "Property 1 " ATTEST: DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Owner (print Name) Its: Executive Vice President ATTEST: TERRACE LAWN MEMORIAL GARDENS, INC., Owner By: , _ Secretary "Property 2" HERMES ASSOCIATES, LTD. a Utah limited partnership By DDR Family Centers LP Its General Partner By DDR DownRElT LLC Its General Partner By D-evelopers Diversified Realty Corporation, its Managing Member o (print Name) Its: Executive Vice President DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 14 ( A TfBST: Attest: 3/~ 2- i.\Y ,RESOLUflON NO. ( Cl.IY OF MERIDIAN DEVELOPMENT AGREEMENT - (AZ-99"()12 and RZ-99'()()7)... IS (/ ( STATE OF OHIO ) ) ss: ) COUNTY OF CUYAHOGA BEFORE ME, a Notary Public in and for said County and State, personally appeared Daniel B. Hurwitz, Execlltive Vice President of DEVELOPERS DIVERSIFIED REALTY CORPORATION, the corporation which executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument for, and on behalf of said corporation being thereunto duly allthorized by its Board of Directors, that the same is his free act ~~ ~~ed as such officer and the free act and deed of said corporation._;".'~~::j)',,~::'''~>;_.f~~:' ; ,~:' ~;'. ,~jf!~i~l~~\ ~.~~;. . ~~~, ,::' IN TESTIMONY WHEREOF, I have hereunto set my hand an4~~~~~t '~~1~~t~~~A"~> I ' ," --: ~'J -:.' ~"~~' ') 'B' \.\.. 'f'; ic ELI~~E:~ ~,~ .:>~ ~.:~ -0 ' Nota~;.t;~~~~&1ei~, q ~ly" . ty~; ~ I My CO~.~~~~~ f(f~~?JYf:~ ~8,l~~~ ~ - ;, " ...~ ~ ~'~ ~'~~ . .~ ' DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 16 ( ( STATE OF IDAHO) :ss COUNTY OF ADA ) (5 ) :ss COUNTYOFCUYAHOC~ ) BEFORE ME, a Notary Public, in and for said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of Developers Diversified Realty Corporation7 Managing Member of DDR DownREIT LLC. Gene.ral Partner of DDR Family Centers LP, the General Partner of Hennes Associates, Ltd., the limited partnership which executed the foregoing instrument, vvho acknowledged that he did execute the foregoing instrument on behalf of said corporation and the. SaIl\e is his free and voluntary act. and deed as Executive Vice President of Developers Diversified Realty Corporation, ManagiI\g Member of DDR DOW1\REIT LLC, General Partner of DDR Family Centers LP, General partner of said limited partnership and is the free act and deed. of said limited partnership for the uses and purposes therein sel forth. ' .- .." . _ . . , . - '. -';f< .'. :. .. ..:' . ..' .::...' ..:: .;:' . IN WITNESS WHEREOF. I have hereunto set my h~d.~~ offi~~l~~~~a~_'~"":~_'~'l::: - , : ... ;.......... "" . \ \ i. i ,---~ ' c.' "". 0 ~\ ' ~ ': 1 ._- - I.. \':, -4.: ~I < ~ : ; .', Notary Pui_l.i~cI//1 i ~\:" ~ ~ ,~/~~:,j -~/.' · ,~.. I ....... - Ii ~ ~ .~ II,. :t j .t DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-O(7) - 17 ELlZA~ET,t1~~;~~\ '~';:,it?;~', .. Notary PUbliC, State'l'o( .OnIO,\tu~. ~}>t.~:,t~'} - MY Commi~sion ExpireS.'Ma~~,~":~~~~;'.' . .-::-: - . '~';~;': l(~ ( .\. ( ... .., Notary Public (SEAL) STATE OF IDAHO ) :ss ) On this '2,) ~t day of _yY\~rc~ , in the year 2000, before me, a NotaIy Public, personally ap~red Robert D. Corrie and William G~ IkTgJ know or identified t.o me to be th~ Mayor and Clerk, respectively. of the City of Meridian, who executed tlle instrument or the person that executed the instnunent of behalf of said City, and acknowledged to me that such City executed the same~ ......... .. U-. .~.c.\. ~:.---9~.. ..-<9 -"0 TA h' · ..~/~ - ~..;.'\ .~ .Al: \~ :~: *** \~ ~ \ J ~o blic for Idaho I 0._4 \,\,.. A_ "Ie ,,/0' ",J:ommission expires: Ii /:L,( /"I ---0 0 . <9~ ~_ Ulil.t);...':~ 0> -, 'f/ .~;~1}jOFiP~.. -....'0- msrfZ;\ w t.1Ik\M\M~ridian 15 :l()()M\l)eYclopcn Divcnificd\(.lntlupl\gT County of Ada /. (SEAL) DEVELOPMENT AGREEMENT - (AZ-99-O 12 and RZ-99-OO7) - 18 ( EXHIBIT A AZ-99.0 12 Leg.' l)escriptiolJ Of Property 1 DEVELOPMENT AGREEMENT ... (AZ-99-O 12 and RZ-99-OO7) - 19 ( ( ( HUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 2081322~992 · Fax 2081378-0329 Project No. 9904000 April 30, 1999 . DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN .... ADDITIONAL PROPERlY - ANNEXA TJON · A par~J orland located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., S.M., Ada County. Idaho, more particularly described as follows: Beginning at the N1/4 comer of said Section 9 from which the NE comer of said Section 9 bears S.outh 89022'32" Eas~ 2659.01 feet; thence along said section line South 89-22'10. East, 708.49 feet; . . thence leaving said section line South 00-37'28. West, 47.09 feet to a point on the South right-of-way line of Fairview Ave.. (US Highway 30); thence leaving said South right-of-way line South 14059'32" West 276.87 feet; thence South Ooo48'14'~ West, 554.06 feet: thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9: . .~ thence along said North-South center line North 00048'_14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. Prepared by: ..: ~ HUBBLE ENGINEERING, INC.. ~. "",...: : . . ~~L BY J U L 2 2 1999 UERI){AH PUBLIC WORKS ocrr. GGC/vw/famiJycentersMerid-annex · Gregory G. Carter, P.LS.. EXHIBIT <lAIt (' . ( EX:HIBIT A-I AZ-99-Q\2 I~g;tl DescripOQn Of Property 1 (P~cel 1 and Parcel 2) DEVELOPMEN1r AGREEMENT - (AZ-99-O 12 and RZ-~9..o(7) - 20 MAR :.~ .S..~,~~" 1 ~ ~ ?v: :.~Or.:~~v~~: ~~PE~ 0 I VE4~:.~~~,E?4 ~__ ..,.. I ?-,f.~ ~~{ - ~ - --- ----..........--. - - 1118 PAGE 4/6 · 't:.J .""" '" .... ~ "" "" ..., . HUBBLE ENGINE!2R1NG, INC. 9550 Bethef Court . Bolse, Idaho 83709 206/322-6992 . Fax 2081378-0029 EXHIBIT "A" Project No. 0003700 February 2, 2000 Revised February 25. 2000 GIBSON PARCEL PROPERTY DESCRIPTION .. A parcel of land located in the NW1/4 of the NE1/4 of Section 9. T.3N... R.1E~1 S..M..o Ada County, Idaho, .as shown on Record of Survey No.. 1283. filed for reCord in the office of the Ada County Recorder, Boise. Idaho, and more particularty described as follows: Commencing at an iron pin marking the North 1/4 comer of saId SeGti9n 9; thence along the centerline of said Section 9 South 00.48'14" West. 49.74 feet to the South right-of-way line of F~irview Avenue, said point being the REAL POINT OF BEGINNING: thence along said South right-of-way One South 89-35'24" East, (fonnerly South 89035-00" East) 432.45 feet; thence leaving said South rigl"!-t-of.way line South OOCl42'48" West, 503..18 feet; thence North 8903sc24R West (formerly North 89035'00" West) 433..25.feet to said centerline of Section 9; thence along said centerline North ooo48'14d East. 503.19 feet to the Point of Beginning. Contains 5.000 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. Todd R. Waite, P.LS. , J:\HEI\lD\Survey\Projects\TG3AL T A 1199\Legaf Oesa1ptions\TRW-Gibson-Pacdoc 84/29/1999 89:59 28838'5\j595 (-. , rEAL~VS ~AND ;U,,JEV Pl\~ 82 TEALEY.S LAND SURVEYING 9 15 \\'esl Jefferson Street · Bo:se. Idaho 83702 (208) 385-0636 Fax (208) 385-0696 - Project. No~: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON - PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE ~/4 of Section 9, T.3N.. R.t Ea. B~M., Ada County, Idaho. and more particularly described as follows: Commencing at an iron pin marking the North 1!4 comer of said Section 9; thence along the centerline of said Section 9 South 00048135" West, formerly South 00048' 14" \\'est. 49a74 feet to a brass cap on the South right-of-way line of Fairvie,,' Avenue; thence along said South right...or-way line South 89035'00" East 432.45 fecI to an iron pin marking the POINT OF BEGINNING; thence continuing South 89035'00u East 276.21 feet to a point; thence leaving said South. right-of- \\aa y 1 iDe South 1 SOQOIOOU West 276.88 feet to a point; thence South 00048'351. West 554.06 feet to a point~ thence North 89035'00" West 640.79 feet to a point on said centerline of Section 9; Ulencc along said centerline North 00048'35" East 318.83 feet to an iron pin; thence leaving said centerline South 89035'00" East 433a30 feet to an iron pin: thence North 00042'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7. 30 Bcres) nlore or less. C~, o.c.~,,~\t'V.2""".4v< .. id' er~/29/ 1 <<3<3q~ B<:t:5<:t N 00..0 "~ (. .q~1.. Lfj83fi \. ... :;,.1 "\ !: J~I ' v J ~ . ,~ 35 1t.~c.YJ ~~~LJ ~ AI~V1E. " AVENUE ~ <; q - -- - 'C\9 &0. ..-;'{l~.~....~'fil :;i~:,;..~fj#:=.:~~~ "::. ~.o:~ f'~' ..;- {'x...::' ....:.;...~:--ti.;!"i:;..... ..: ~:~.~:w;. ~.... '~,~l.. ;.~..' __~.":-r~: L r:f!;;~:r.:_ ~:-."..~. .~ . '"~~~:.: .~ . _ · - ~~' · · lr~'T... ~~..h - ~~:l;\. ..,;,:: ~;.. .....l,,::, ..~t!: ..1':.tJ: ~u v~.' :... ~I~~ :e::.~::'SM~ ':\~ - -:\ ...,. .' · ~- :i':~':. -:'i:. '4" ...7. · oj;1 · '.. .II! 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'II' · ~ · ~.. ~ :~~.Z?~'.i'...;I.;.~. t ~..~r:s.~jt1~~~-. .1:""'.' · ~t.~~. ~:;;'\r ~11 .~::-~!.~.~~-:~ ,;'::"-~."......u:.-~;;~~ ..~:;,..~; ....~;l;~~" , ' \,~----- "-- ........ - ...,- - ----- - ."~1~~=-=;et~l;~.~ J :Cl.:l'"~'f:~." ~,~~~.i;~:;~~~;E:~~~~~ · ~~~~ ;l.i~:;;!1~~Ci! . . _. . '''-;of: 1.~ ~<I'~!~~~'-" ~ W~..~~ ~"7.~t~..~~~ '~.iz~-!'(!",J.:~':~j::'::""~J.':"'" 1!i~;~6 ~"i ~~~~ ~ r.! , .::~. S""f..' .'(-Sir:~:;'~~~ ~;.~ ~~~(:;t'~lh~.lL -'~~:f~t ISO'. ..c).OO. t 640 7'- -0 ... PARCE.L 3 2'1.398 .,.ft. " .It '0 <<.'" l~ ~ ~ ~ ~ ......... ~ ~ .-. ! __L S 89 .2'.\13- ~ ,..... ~ ~ 1335 .BS' ( ( EXHIBITB RZ..99-007 '.reg.} Descriptiop Of Property 2 DEVELOPMENT AGREEMENT - (AZ-99-o 12 and RZ-99-O(7) - 21 ( ( HUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 208/322-8992 . Fax 208/378-0329 Project No. 9925000 January 12, 2000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL A parcel of land located in the NE1/4 of the NW1/4 of Section 9. T.3N., R.1 E., S.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4. 5. 8 and the said Section 9; thence South 89022'1 A.. East, 2659~63 feet along the North line of said NW1/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0048'14" West 880.85 feet to the northeast corner of Crossroads Subdivision No.6. as filed in Book 76 of Plats at Page 7941 thru 7942, records. of Ada County, Idaho; thence North 89035'32" West. 596.17 feet along the North line of said Crossroads Subdivision No.6 to a point on the centerline of N. Records Ave.; thence along said centerline the following three courses: 72.61 feet along a curve to the left, said curve having a radius of 203.61 feet, a central angle of 20025'57" and a long chord bearing North 14011'46" West, 72.23 feet to the beginning of a reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet. a central angle of 24008'33" and a long chord bearing North 12016'2011 West, 71.83 feet; thence North 00025100" East, 7 43.33 feet to the intersection with the North line of said NW1/4 of Section 9; thence South 89022'10" East, 636.12 feet along said North line to the Real Point of Beginning. Containing 12.77 acres (556,187 square feet) more or less. Prepared by: . HUBBLE ENGINEERING, INC. J/Merid ianC ross road s2lP J S/vw/RecordsEas t -Rezo n e Patrick J. Scheffler, P.L.S. (#"'- ( EXHIBIT C AZ.99..0 J 2 Findi~gs of Fact and C..onclusions pf JJlw/<;Onditions of Approval DEVELOPMENT AGREEMENT - (AZ-99"() 12 and RZ..99-OO7) - 22 ( ( Revised 11-18-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE NIA TIER 0 F THE APPLICATION OF DEVELOPER DIVERSIFIED REALTY CORP., THE APPLICATION FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL, 4000 E. FAlRVIEW AVE., MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) Case No. AZ-99-0 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, 1999, at the hour of 7:00 o'clocl<. p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durl<.in from Developers Diversified Realty Corp., and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore mal<.es 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/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ("--- . .. ( zOlling'Vvas published for two (2) consecutive weel<.s prior to said public hearing scl1edllled for November 3, 1999, before the City Council, the first publicatio11 appearing and vvritten notice havi11g been mailed to property ovvners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel, before said hearing; and that copies of all notices were lnade available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, 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 ~S 11-2-416E and 11-2-41 7 A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (U' ( and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. I E., B.M., Ada County, Idaho, lTIOre particularly described as follovvs: Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89022'32" East, 2659.0 1 feet; thence along said section line South 89022'10" East, 708.49 feet; thence leaving said section line South 00037'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14059'32" West, 276.87 feet; thence South 00048' 14" West, 554.06 feet; thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. 5. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parlcway, Beechwood, Ohio. 7. The property is presently zoned by Ada COllnty as Rllral Transitional (R-T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (--- - . ( , 8. The real property which is the subject of this application "viII be joined and developed with the real property, vvhich is the subject of a companion applicatio11 in action "In the Matter of- the Request for Rezone of approximately 11.4 acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave. II. The subject property is bordered to the east and south by Ada COllnty Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rllral transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (~-,.. ( manner: construction and development of a commercial shopping center. 15. The Applicant requests z011ing of the subject real property as Community Business (CC) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map vvhich designates the subject property as Commercial by reason of a companion application of the Applicant. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. 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 Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (~ ( 17.3 Construct a 5-foot "vide concrete sidewalk on Fairview Avenue ablltti11g the site (approxilnately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction pla11s for the develop111ent shovving the sidevvall( lnllst be approved prior to issuance of a bllildillg penni t. 17.4 Prior to opening of the development, construct pavement widening 011 Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.5 Construct a maximllffi of three driveways on Fairvievv Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any pllblic street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewall<-) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2, lOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17. 7 Construct a traffic signal at the Fairview AvenuelRecords Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be den10nstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applica11t will be responsible for the entire cost of the signal installation. SUbluit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ( ( 17. 8 A m~~rnum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairvievv Avenue and aligned or offset ISO-feet from all existing or proposed drivevvays. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the drivevvay's intersection with Presidential Drive. 17. 9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 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. 17, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers "viiI be protected, which requirement shall be il1cluded in a development agreement, a condition of annexation and zoning designatio11. 19. It is found that the development considerations which mllst be tal<:.en into account, in order to assure the proposed development is designed, constructed, · operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, partic'Lllarly considering the impact of proposed development on potential to produce excessive traffic, noise, smol<.e, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ( ( glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 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 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by peifonnance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at anerial intersections and near high-traffic intensity areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. The City of Meridian has atlthority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (~ .... ( boundaries and that said property lies vvithin the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-41 7 provides the City may annex real property that is within the Meridian Urba11 Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 4.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 5. The requested zoning of Meridian Community Business District (CC), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ( ( is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers vvith adequate off-street parl<ing f~cilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All stIch districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has atlthority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7 · The development of the annexed land, if annexed, shall meet and COll1ply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to developlnent time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11-2417 D 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ( \ .. . . ( 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 ta!<.e effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 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. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C-C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.09 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, and such Development Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not met by the Owner/Developer that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (U \ .. (~~ property shall be subject to re-zone and/or de-annexation, vvith the City of Meridian, vvhich provides for the following conditions of use and development to-wit: Conditions of Use: 17.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.3 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenlle and 60-feet of right-of-way (3D-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5-foot wide concrete sidewallc on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewallc must be approved prior to issuance of a building permi t. 17.5 Prior to opening of the development, construct pavement vvidening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.6 Construct a m~-TImum of three driveways on Fairview Avenlle a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway vvidth FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 {' t ( "viII be 40-feet with a minilnum storage length of lOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with I5-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17. 7 Construct Records Drive as a 65-foot street section (with cllrb, gutter and 5-foot wide concrete sidewall() from Fairview Avenue to a point 30Q-feet south of Fairview Avenue. Records Drive shall be located approximately 2,1 OO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from F.airview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of I 75-feet SOltth of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with I5-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State FINDINGS OF FACT AND CONC~USIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 (-- \ (... Tax Commission for the rezone. 1 7 .12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 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 (C-C) Community Business District (s 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian) . 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orles Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in g 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian i11 accordance vvith the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please tal(e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67 -6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 c---- - (' has an interest in real property which may be adversely affected by the issuance or denial of the annexatioll and zoning and who Inay within twenty-eight (28) days after the date of this decision and order seel( 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 ;1 {7 1.6.- day of OV~f?L~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN GLENN BENTLEY VOTED ~~ COUNCILMAN I<EITH BIRD VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAl<ER) DATED: //-/6 -Clr VOTED MOTION: APPRO ISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ( l (\ Copy served upon Applicant, the Planning and Zoning Department, Public W or1(5 Department and tIle City Attorney. By: Dated: II--/~ ~fc; msgjZ:\ W ork\J\1\Meridian 15360M\Developers Diversified\AZFfCIs SEl\L ~ {'? ,. ~ rP:: ~ ~ ~u ,\'1J ::: ~ <J 1 ;Sf lS1' · ,Q ~ ~/...../ ....., (,'0 ,~~..:~ ",~ /1, ~I -Ui:J"~:"'l, \ \ \ \" Ill/:.:i:.:, :l\\"\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 -(' EXHIBIT D RZ-99.007 FiJldj{1~ 9/ fact; and Conclusions of ~lConditions of ~ppr9Yal DEVELOPMENT AGREEMENT - (AZ-99..(l12 and RZ-99-(01) ... 23 ( ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE N1A TIER OF THE REQUEST FOR REZONE OF APPROXIIvlATELY 11.4 ACRES FOR EXPANSION OF MERlDlAN FAMILY CENTERJCROSSROADS MALL DEVELOPER DIVERSIFIED REALTY CORPfDAI(OTA CO., Applicant. 11-11-99 ) ) ) ) ) ) ) ) ) Case No: RZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 11.4 acres having COIne on for public hearing on November 3 J I 999, at the hour of 7 :30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoni11g Adn1inistrator, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin of Developers Diversified Realty CorpfDakota Company, Inc., for the Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and ha'ling received their Recommendation to the City = Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the follovving Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERlDLAN FAMILY CENTERJ CROSSROADS NiALL / (RZ-99-007) - I ( ( FINDINGS OF FACT 1 . The notice of pllblic 11earing on the application for rezollillg \.vas pllblished for tvvo (2) consecutive vveeks prior to said public hearing scl1eduled for Novenlber 3, 1 999, before the City Council, the first publication appearing and \vritten notice having been n1ailed to property ovvners or pllrchasers of record vvitllill t11ree hundred (3001) feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and "vith the notice of public hearing having been posted upon the propeny under consideration more than one \veek before said hearing; and that copies of all notices were made available to ne\vspaper, radio and television stations as public service announcel11ents; and the nlatter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services vvithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and 93 11-2-416f:: and 11-2-41 7 A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS NiALL / (RZ-99-007) - 2 ('_"U .. ( iv'leridian, and all currel1t zorling l11aps thereof, and the Con1prehensive Plal1 of the City of Meridian adopted Decelnber 21, 1993, Ordinance No. 629 - Ja11l1a~' 4, 1994, and maps and the ordillance Establishing the Impact Area Boundary. 4. The property is approxiI11ately 11.4 acres in size. The property is generally located II:! mile east of Eagle Road south of Fairvievv Avenue, ill Meridiall, Idaho, and is described as follo\vs: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, nlore particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89022' 1 0" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048' 14" West, 49.7 4 feet to a point on the southerly right-of-\vay of Fairvievv Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0048114" West, 831.11 feet to a point; Thence Nonh 89035'32" West, 596.18 feet to a point; Thence North 0025100" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 60 1.79 feet to the Real Point of Beginning. Containing 11.42 acres (497 ,816 square feet), more or less~ 5. The real propeny yvhich is the subject of this application \-viII be joined and developed with the real propeny \vhich is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI OAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROAqS MALL / (RZ-99-007) - 3 ('-.- - - (---" application in actio11 "111 tIle l'vlatter of t11e Application of Developer Diversified Realty Corp., the Application for AnnexatioI1 and Zoning of 13.09 acres for Expansior\ of Family Cel1ter a11d Crossroads Mall, 4000 E. Fairview Ave., Nleridia11, Idaho" [AZ-99-0 12]. 6. The o\-vner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The Applicant is the owner of record. 8. The propeny is presently zoned as Meridian Light Industrial (1- L), and is currently vacant. 9. The Applicant requests the property be rezoned to Comnll1nity Business District (CC), defined in Section 11-2-408 B 9 of the Revised and COlnpiled Ordinances of the City of Meridian. 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. 11. The subject property is within city limits of the City of Meridian. 12~ The entire parcel of the property is induded within the Meri~n Urban Service Planni~g Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 4 ( (r-- folIO\v1I1g I11anner: COntil1ued construction and developn1ent of tl1e lVleridial1 Fan1ily Center/Meridian Crossroads Mall. 14. The Applicant's requested rezoning of the subject real property as COI11ffillnity Business District (CC) is consistent "vith the commercial desigl1ation peI1ding vvith the Meridian City Council 011 aInendment of the Meridian COlnprehensive Plan Generalized Land Use Map which would de"signate t11e subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Conlprehensive Plan change is granted, this application \vould be consistent \-vith the Con1prehensive Plan Generalized Land Use Map. 15. There are no significant or scenic features of major i111pOrtance that affect the consideration of this application. 16. The subject application for rezone and the proposed developnlent relates and is compatible .to the goals and policies of the Comprehensive Plan of the City as follows: 16.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and -= development standards \vhich consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize in1pacts upon other adjacent areas. 16.2 The Commercial Policies Section states - Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF U\ W AND DECISION AND ORDER OF APPROV At OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERlDIAN FAMILY CENTER} CROSSROADS MALL / (RZ-99-007) - 5 (r- ( CeI1terS vvill be encouraged to locate at arterial intersections al1d near hig11-traffic intensity areas. 17. In revie\v of t11e application for rezone it is provided at Section 11..2..416I( of the Municipal Code for the General Standards that the C0111111ission and COll11Cil review this proposed zoning an1endment and pursuant to the criteria of said section finds t11at: 17.1 The area included in the zoning amendment is not intended to be rezoned in the future; 17.2 That the applicant is agreeable to a requirement that all development of the subject real propeny be accon1plished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreeluent; 17.3 The proposed use vvill be designed, constructed, operated and maintained to be harmonious and appropriate in appearance "vith the existing or intended character of the general vicinity and that such use vviil not change the essential character of the same area, subject to the conditions of the conditional use process; 17.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 17.5 The area will be served adequately by essential public - facilities and services such as highvvays, streets, police aftd fire protection, drainage structures, refuse disposal, "vater, sewer or that the person responsible for the establishnlent of proposed zoning amendment shall be able to provide adequately any of such services; FINDINGS OF FACT Af\fD CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 6 ( ( 17.6 The Lise \vill not create excessive addi tional requirenlentS at public cost for public facilities and services and \viII 110t be detrilnentaI to the economic \velfare of the cOl11nlllnity, subject to the conditions of rezone in conjunction \v1th the conditions of development as reqllired in the Developnlent Agreenlent required in AZ-99-0 12 "In the Matter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairvievv Ave., Meridian, Idaho" set forth as follo\vs: 17.6.1 17.6.2 17.6.3 17.6.4 Dedicate sufficient additioI1al right-of-yvay to total 60-feet from section line of Fairvievv Avenue abutting the entire site. The right-of-\-vay shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. Dedicate 76-feet of right-of-way (38-feet fr0l11 the centerline) for Records Drive from Fairvievv Avel1lIe to a point 300-feet south of Fairview Avenue aI1d 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by n1eans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. Construct a 5-foot \-vide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be .--... approved prior to issuance of a building pern1it. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED R.EA.L TY CORPI OAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) 4 7 ( 17.6.5 17.6.6 1 7 .6. 7 ( Construct a maximum of three drive\vays on Fairvie\v Avenlle a nlini111UI11 of 440-feet for a fllll access drivevvay and 220-feet for a right-in/right-Ollt driveway from any public street intersectioll alld 220-feet froI11 all existing or proposed drive\vays. T11e m~xill1un1 drive\vay vvidth will be 40-feet \-vitil a l11inin1UIn storage length of lOO-feet. Install a 36" by 36 n high intensity STOP sign at the drive\vay's intersection with Fairvie\v Avenue. Construct pavenlent tapers with IS-foot radii~ Coordinate the design, storage length and location of any proposed drive\vavs with District staff. ../ Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2, lOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide twO northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 30Q-feet south of Fairview. Dedicate sufficient right-of-\vay for the noted improvements. Construct a traffic signal at the Fairvievv Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Depanment. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to - allow the fUlure construction of dual left-turn laIfes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation~ Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CI:ZOSSROADS 1V1ALL / (RZ-99-007) · 8 (" 1 7.6.8 I 7.6.9 17.6.10 17.6.11 17.6.12 ( A max.iI11um of three drive\vays are approved on Records Drive. The drive\vays shall be located a minin1UITI of 1 75-feet SOLlth of Fairvie\v Avenlle and aligned or offset I 50-feet [rom all existing or proposed driveways. The driveways shall be constnlcted as 24 to 3D-foot curb retllrn drive\vav with IS-foot curb radii. The minin1Ull1 storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the drivevvay's intersection vvith Presidential Drive. Other than the access points specifically -approved 'vvith this application, direct lot or parcel access to Records Drive or Fairvievv Avenue is prohibited. Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. Applicant shall prepare and submit a subdivision plat for any splitting of property. Applicant shall satisfy all fire code requirenlents including those penaining to water flow and fire hydrants. 1 7.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, subject to the conditions of the conditional use process; 17.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER) CROSSROADS MALL / (RZ-99-007) · 9 ( ( 1 7.9 T11e use ",viII not result in the destructioll, loss or dan1age of a natural or scenic feature of n1ajor inlportance: and 1 7.1 0 The proposed zoning amendment is in t11e best interest of the City of Meridian4 ./ l8. The legal description of the property that is the subject of this application for re-zone is as follo\vs: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T4 3N., R. 1 E4' B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 5, 8 and the said Section 9, thence South 89022'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048'14" West, 49474 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0048114" West, 831.11 feet to a point; Thence North 89035'32" West, 596.18 feet to a point; Thence Nonh 0025'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of..way South 89035'24" East, 60 1.79 feet to the Real Point of Beginning. Containing 11.42 acres (497 ,816 square feet), more or less. CONCLUSIONS OF LAW I. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF AFPROV AL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS MALL / (RZ-99-007) ~ 10 ( . ( responsibility as provided by uLocal Lalld Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of COlllprehensive Plan City of l\tleridian adopted Decelllber 21, 1993, Ord. No. 629, January 4, 1994. 3. The follo\ving are found'to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 Commercial and retail areas are established along the Fairvie\-v Avenue corridor. Section #4 of the Con1prehensive Plan - Con1n1ercial Activity Centers, states - The locatiol1 of COlnmunity Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 3.2 The Commercial Policies Section states - Community Shopping Centers \vill be encouraged to locate at arterial intersections and near high-traffic intensity areas. 4. The requested zoning of Community Business District, (C-C) is defined in the Zoning Ordinance at 11-2-408B(9) as follo\-vs: rc-c) Community Bllsiness District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a Deighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encornage the clustering of commercial enterprises. All such districts shall have-= direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systenlS of the City of Meridian. 5. Idaho Code ~ 67 -6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO~ FOR EXPANSION OF MERIDIAN FAMILY CENTER) CROSSROADS MALL / (RZ-99-007) - I 1 (/cu _ \ .. (' - shall establish by ordiI1a11ce one or 1110re zones or zoning districts iI1 accorda11ce "vitI) the adopted Coolprehensive Plan and the ordinance establishing zonil1g districts can be arnended \.vith particular consideration given to the effects of any proposed zone change UpOl1 the delivery of services by any political sllbdivision providi11g public services, including school districts, vvithin the City's planning jurisdiction and that it is in conforl11ance vvith the Comprehensive Plan. 6. Idaho Code ~ 6 7 -6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, fann, recording, modification, enforcement and termination of conditional con1luitlnents. 7 . The City of Meridian by the adoption of S 11-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 84 S 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown FINDINGS OF FACT AND CONCLUSIONS OF. LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS N1ALL / (RZ-99..007) · 12 (~- t. . (~-'-' on the Official Zoning Map, tl1e folIo\ving shall apply: 8. 1 \1Vhere district boundaries are indicated as approxil11ately follo\v111g the centerline of street lines, highvvay right-of-\vay lines, strea111S, lakes or other bodies of "vater, the centerli11e shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approxilnately follow the lot lines, such lot lines shall be constfiLed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of high\vays, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the bOllndary of a district follows a railroad line, such boundary shall be deemed to be located in the l11iddle of the main tracks of said railroad line. 9. 3 11-2-416 I( of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance v'lith the Comprehensive Plan. -: 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the ne\v zoning. FINDINGS OF FACT AND CONCLUSIONS OF LA 'YV AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 13 (,,_m ... _ \. ( 9.4 There has been no change in the area or adjacent areas \:vhich vvould dictate the area should be rezoned. 9.S The proposed uses "viII be designed, constructed, operated aI1d maintained to be harmonious and appropriate in appearance vvitll the existing or intended character of the general vicinity and that such use \-viII not change the essential character of the sall1e area; 9.6 T11e proposed llses will not be hazardolls or disturbing to existing or fllture neighboring uses; 9.7 The area will be served adequately by essential public facilities and services such as high\vays, streets, police and fire protecti011, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such sefVlces; 9.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9.9 The proposed uses will not involve uses, activities, processes, materials, equipment aI1d conditions of operation that vvill be detrimental to any persons, propeny or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 9 . 1 0 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction, loss or damage of a- natural or scenic feature of major importance; and -: 9 .12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER) CROSSROADS rvtALL / (RZ-99-007) - 14 ( . \. . ( DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW VVHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approxill1ately Il.4 acres for continlted construction and developn1ent of the Meridian Family Center/Meridian Crossroads Mall is granted, sllbject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney \-vas directed in Case No. AZ-99-0 12 to prepare a development agreement in accordance with the general fornl used by the City of Meridian for such agreements, vvith the follo\ving special ternlS and conditions vvhich also relate to in this application to-wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real propeny \vhich is the subject of rezoning application, Case No. RZ-99-007. Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under tIle conditional use pernlit process as a planned development. Conditions of Development: 2.2 Dedicate sufficient additional rigllt-of-way to total 60-feet fron1 section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) · 15 (""- ( subdivision plat or execution of a \varranty deed prior to iSSlla11ce of any Certificate of Occupancy. 2.3 Dedicate 76-feet of right-of-\vay (38-feet from the cellterline) for Records Drive fronl Fairvie\v Avenue to a point 300-feet south of Fairvie\v Avenue and 60-feet of right-of-\vay (30-feet frol11 centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a vvarranty deed prior to issuance of a any Certificate of Occllpancy. 2~4 Construct a 5-foot wide concrete sidevvalk on Fairview AveOlle abutting the site (approximately 822-feet total) prior to issuance of any Cenificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 2.5 Prior to opening of the development, construct pavement vvidening on Fairview Avenue to add one eastbound lane ffOOl Records Drive to the east propeny line. 2~6 Construct a Ina.r"<.in1um of three driveways on Fairvievv Avenue a minimum of 440-feet for a full access drivevvay and 220-feet for a right-inlright-out drivevvay from any public street intersection and 220-feet from all existing or proposed driveways. The m~ximum driveway width will be 40-feet with a minimum storage length of IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii. Coordinate the designJ storage length and location of any proposed driveways with District staff. 2.7 Construct Records Drive as a 65-foot street section (with curb-r gutter and 5-foot YVide concrete sidewalk) from Fairview Averi~e to a point 300-feet SOllth of Fairvievv Avenue. Records Drive shall be located approximately 2,1 OO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CaRPI DAI(OTA co. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 16 ( ( 300-feet SOutl1 of Fairvie\v. Dedicate Sllfficie11t rig11t-of-\vay for the noted improven1ents. 2.8 Construct a traffic signal at the Fairvie\v Avenue/Records Drive intersection. Provide and install an Opticon1 device for ell1ergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other InateriaIs for the traffic signal are to be purchased from ACHD or be denl011strated to meet ACHD specifications. The signal should be designed to allovv the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be respons.ible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 2. 9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 1 75-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 3D-foot curb return driveway with IS-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity ?TOP sign at the drive\vay's intersection \vith Presidential Drive. 2.1 0 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 2.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 2.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 2.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALlY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDLAN FAMILY CENTERJ CROSSROADS MALL / (RZ-99-007) - l7 (' ~"u _ ( 3. The City Attorney shall prepare for consideration by the City Council t11e appropriate ordinance for the re-designation of the zoning for the real property \vhich is the subject of the application to (C..C) Con1111unity Bllsiness District (s 11-2..408 B (9) of the Revised and Compiled Ordinances of the City of Meridian) \vhich ordinance shall be considered for passage s.ubseqllent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Depanment shall prepare the appropriate mapping changes of the official Zoning Maps as provided in S 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance vvith the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI OAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS MALL / (RZ...99-007) · l8 ( NOTICE OF FINAL ACTION Please taI<e notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person beillg a person who has an interest in real property which may be adversely affected by tIle iSSlLal1ce or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial revievv as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular nleeting held on NtJveJ'n bir- G ,1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED e~ COUNCILMAN GLENN BENTLEY VOTED tL COUNCILMAN I<EITH BIRD VOTED Iil.., COUNCILMAN CHARLIE ROUNTREE VOTED ~ IvlAYOR ROBERT CORRIE (TIE BREAl<ER) DATED: 11-/6-'Ir VOTED MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OP..DER OF ~;\PPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 19 ( r" .. ( APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Departlnent and the City Attorney. Dated: .1~/6--f By: \ ",t\ \ t II r, '-1/11'/ Cl ty Clerk ~",,:'\ \ OC M~,...,.. 11111 · ~,' '" --{ r '-'7l.i) # /;.0 ~ " ~ ~t ' ""/ .$ "CJ o~,PO,,~ )0. :,z, ~~ .::-- ,0 '~ ~ ;: ~ () ~ ~ ~ ~ SEAL ~ ~ f'J .... <t, c,C;:"": ~~ t'SrlS\'~ .P~" '=/ "'l ~ - ~~ /"/ C' ~ " ,11~ OUN-:;;.'( , \,..... n\sg/Z:\ W ork\!vt\Meridian 15360M\Dcvdopers Diversified\FfsClsOrderREZ f':-'IJ Ill:.: U ~ ~~d n ,'" \\ \\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 AC~S BY DEVELOPERS DIVERSIFIED REALTY CORPI DAI(OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER} CROSSROADS MALL / (RZ..99-007) - 20 ( :~DA CGUNTY RECORDER J. DAVHJ N!J.VARRO ~:~ G ~ ~~, r. : D ~\ H ~ REcq.v:D - REQUEST OF o 0f EE DEPUTY 20no liR 2 3 P t1 I: 1 t L} 100021869 i MERJDlAI~ CITY DEVELOPMENT AGREEMENT IL p PARTIES: 1. 2. City of Meridian Magic View Partners, an Idaho General Partnership THIS DEVELOPMENT AGREEMENT (this" Agreement"), is made and entered into this 2(S"p day of If! C~ I 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called uCITY", and MAGIC VIEW PARTNERS, AN IDAHO GENERAL ~ PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box 8204, Boise, Idaho. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/ or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the uProperty"; and 1.2 WHEREAS, I.C. s67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re- zoning that the owner or uDeveloper" make a written commitment concerning the use or development of the subject "Property"; and I' 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code ss 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/ or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the uProperty" s described in Exhibit A, and has requested a designation of Limited Office District (L-O), Meridian City Code S 11-7-2 G; and DEVELOPMENT AGREEMENT (AZ-99-022) - 1 ("'_U_ . ("~ 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning COlnmission and before the Meridian City COll11Cil, as to how the sllbject "Property" "viII be developed according to the Concept Plan and vv11at ilnprovell1ents vvilI be made; and 1.6 WHEREAS, record of the proceedings for the reqllested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jllrisdiction, and received further testimony and comlnent; and 1.7 WHEREAS, City Council, the 71J- day of'&lNtcL; 2000, has approved certain Findings of Fact and ConcIllsions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the Ci ty COllncil tal<.es final action on annexation and zoning designation; and 1.9 ((DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and aclmowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.1 0 WHEREAS, "City" requires the ((Developer" to enter into a development agreement for the purpose of ensllring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the DEVELOPMENT AGREEMENT (AZ-99-022) - 2 c-----< ( proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Magic View Partners, an Idaho General Partnership consisting of Winston H. Moore and James L. Boyd, general partners, whose address is PO Box 8204, Boise, Idaho, the party developing said uProperty" and shall include any subsequent owner(s)j developer(s) of the "Property". 3.3 J'lPROPERTY": means and refers to that certain parceI(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit" A", attached hereto and DEVELOPMENT AGREEMENT (AZ-99-022) - 3 (~-,. ( by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pllrsuant to this Agreement are only those uses allovved under "City"'s Zoning Ordi11a11ce codified at Meridian City Code ~ 11-7 -2 G vvhich are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 ('Developer" shall develop the ((Property" in accordance with the following special conditions: 5.1.A The property should be zoned L-O, Limited Office District, and the Applicant shallllse the subject property to develop professional office uses vvith any other uses permitted in the subject zone only as a conditional use. 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with writte11 confirmation of said approval submitted to the Public W orl<.s Department. No variances have been requested for tiling of any ditches crossing this proj ect. DEVELOPMENT AGREEMENT (AZ-99-022) - 4 (r---. c/' 5.1.2 Any existing domestic wells and/or septic systems vvithin this project will have to be removed fron1 their domestic service per City Ordinance Section 5- 7 -51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. 5 .1.3 Off-street parl<.ing shall be provided in accordance vvith Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Develop111ent Ordinance and in accordance vvith Alnericans vvith Disabilities Act (ADA) requirements. 5.1.5 A drainage plan designed by a State of Idaho licensed archi teet or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91) for all off-street parl<.ing areas. All site drainage shall be contained and disposed of on-site. 5.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 5 .1. 7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be pern1i tted. 5.1.8 Applicants shall provide five-foot-vvide sidewall(s i11 accordance with City Ordinance Section 11-9- 606.B. DEVELOPMENT AGREEMENT (AZ-99-022) - 5 (r-u -'. \., .. . (F-- 5.1.9 All construction shall conforl11 to the reqllirel11e11ts of the Anlericans with Disabilities Act. 5.I.I0Applicant shall enter into a License Agree111el1t "vith Ada County Highvvay District to constnlct, and perpettlally maintain, a 3D-foot vvide bllffer with a 4- foot high berm and a 6- foot high solid, vvaoden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. T~is obligation shall be appurtenant to Lot 2. 5.1.1 1 Applicant shall construct a minimum 20-foot "vide buffer with a 4- foot high bernl and a 6- foot l1igh solid, "vaoden fence on top of the berm along the entire length of Lot 3 in the Amended Magic View Subdivision. 5.I.12Applicant shall be required to dedicate all right-of- way along St. Lul<.e's Street, and Magic Vievv Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 5 .1.13 The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of- way. All public easements shall be designated by plat or other document of record showing their location. 5. I. 14Existing easements are shovvn on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict vvith the new proposed layout. Applicant shall vacate conflicting easements prior to applying for bllilding perlnits. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreelnent and the COffilnitments contained herein shall be terminated, and DEVELOPMENT AGREEMENT (AZ-99-022) - 6 ( ( t11e z011ing desigI1ation reversed, upon a default of the uDeveloper" or "Developer'''s heirs, successors, assigns, to comply vvith Section 5 entitled "Conditio11S Governing Development of subject "Property" of this agreeluent , a11d after the "City" has complied vvith the notice and hearing procedures as olltlined i11 I. C. s 67 -6509, or any sllbsequent amendments or recodifications t11ereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned llpon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure vvithin sL"X (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engilleer alld reqlIest the City Engineer's inspections and written approval of SllCh cOlnpleted ilnproyements or portion thereof in accordance vvith the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer'" s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance vvith the requirelnellts of the Zoning Ordinance, vvhich will include, at a minimlIlu, notice of the noncompliance, and an opportunity to be DEVELOPMENT AGREEMENT (AZ-99-022) - 7 ( ( \,~... heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches vvaived a11d shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" s11all record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer'''s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection vvith the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. II. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any COlIrt of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the. specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeldng of any remedy provided for herein; provided, however, that in the case of any such default which cannot vvith diligence be cured within StIch thirty (30) day period, if the defaulting DEVELOPMENT AGREEMENT (AZ-99-022) - 8 ( - ( party shall comn1ence to cure the saIne vvi thin StIch thirty (30) day period and thereafter shall prosecllte the curing of same with diligence and continuity, then the tiIne allovved to cure slIch failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such perforInance, vvhich shall include, without limitation, acts of civil disobedience, stril(es or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" ll1ay also reqllire sllrety bonds, irrevocable letters of credit, cash deposits, certified checl( or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insllre that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The ((Developer" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and ((Developer" have entered into an addendum agreement stating vvhen the improvements will be completed in a phased development; and i11 any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the lCCity" . 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Developlnent Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-99-022) - 9 (, (F -. 16. NOTICES: Any notice desired by the parties and/or reqllired by this Agreelnent shall be deemed delivered if and vvhen personally delivered or t11ree (3) days after deposit in the United States Mail, registered or certified n1ail, postage prepaid, return receipt requested, addressed as follovvs: CITY: D EVELO PER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Winston H. Moore James L. Boyd Magic Vievv Partners, an Idaho General Partnership PO Box 8204 Boise, ID 83707 with copy to: City CIerI, City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced betvveen 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 jllrisdiction. This provision shall be deemed to be a separate contract betwee11 the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto aclalovvledge 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 defatllt under this Agreel11e11t by the other party so faili11g to perform. DEVELOPMENT AGREEMENT (AZ-99-022) - 10 c< (/" 19. BINDING UPON SUCCESSORS: This Agreement shall be bi11ding upon and inure to the benefit of the parties' respective l1eirs, successors, assigns and personal representatives, inclllding "City"'s corporate allthorities and their successors in office. This Agreement shall be binding on the OvVl1er of the "Property", each subseqllent owner and any other person acqlliring an interest in the "Property". N othing ~erein shall in any vvay preve11t sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any Sllccessor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, Up011 vvritten request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreeluent. 20. INVALID PROVISION: If any provision of this Agreelnent is held not valid by a court of competent jurisdiction, such provision shall be deelned to be excised from this Agreement and the invalidity thereof shall110t affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings betvveen "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to UCity", to a duly adopted ordinance or resolution of UCity". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance vvith the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT (AZ-99-022) - 11 c--'- (~~-~ amendment in force at the time of the proposed · amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerl(. DEVELOPMENT AGREEMENT (AZ-99-022) - 12 ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein execllted t11is agreement and Made it effective as hereinabove provided. 1\1AGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP BY CITY OF ERIDIAN BY: \\\\\t\HHIIl1II/ \.\ \ .f:: :l1.J- II i <", "-\ Or r-.YiC.i9fo-. /1/ ", "t, .~ ..../......... ~"c} _aPOR .. "''V'''''--:' ~ ()Jl .... Vi h.... ~ ~.:;;.~ <'0 ~ .:- ~ ~ ~ ~ ~ 7 ll.l ...... :: fj :...:. ~ ....:u.. L.1 :: ~ ~ ~ ~ ~ ~ ~, ~ 0, ,QJ..O ~ ~ ~ U;3r 1S1 · ~ $ 'l~ '-1 ':i> ~ ,'$' ey/Z:\ W ork\IY1\Meridian 15360I'vl\Magic View\DevelopAgr /,1/....,.. C:Otitfl'l ~ '\\'~ , ii, _ \~\\ IJlilHt uH\\\ CITY CLERI( -;' ~ BY RESOLUTION NO. :310 Attest: DEVELOPMENT AGREEMENT (AZ-99-022) - 13 ( ~ ... ( STATE OF IDAHO :ss COUNTY OF ADA r On thiS~ day of /f7L2/2d---, , in the year 2000, before me, LIY/'c.J. m~~ a Notary Public, personally appeared Winston H. Moore and J alnes L. Boyd, l<nown or identified to me to be the partners of Magic Vievv Partners, an Idaho General Partnership, the partners who executed the instrument on behalf of said General Partnership, and aclcno'Vvledged to lue having execllted the ?>affl~~\l:li~I~Jj'J~'~? ~~~ ~\ ^. l~i 00 ~o)~~ ," () .aQ)O~Q~,1.t ....6 ..p~ ~ 'V $S ~~.~ ~ .~ ~.. i'l-o ~ ~ . ~ 0 T Ai? t--" 93 ..,. =: .r : : _ * <0 -aa..aa. . .. : ~ :*= .... . t\. ~ .II -: \ ..(-'"UBL\V.- = (SEAL) ':. ~ e. "e ~ ~ ./> a.. oo...It.~O $ ~ -1 f ...... ~ '\.~ ~.. "'~'" li 0 F 1"D ~,...." 'I", :'1,.1"'" 'd,17& ~ /210?/lJ- Notary Public for Idaho Commission expires: (1'-' 2 - 2.000 STATE OF IDAHO ) :ss County of Ada On this ) 1/1 day of t1'\Rrc~ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, lmow or identified to me to be the Mayor and Clerl(, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aclcnowledged to me that SllCh City execttted the same. (SEAL) ........ .~ ~. r.r~.. ..~ >;,-----...~~ +. ..~/~ 0 T~ ...,'!P~. " 'J::q, I ~ J:... '~'l!l :~! ~.JJ.. ~ \N~ : ~ ~ ~ Jj(\' :;t..: . \ : e . \ I 0 o. <p:\... A----"(C ,,' 0" . .1l~~.lil=~...,,:~O..o ..;.t:! OF ID ~o · .......- Not Pu lic for Idaho CommI Ion expires: Vi --10 ,,00 DEVELOPMENT AGREEMENT (AZ-99-022) - 14 (--+ + (~,u. EXHIBIT A Legal Description Of Property LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marl<ing the quarter corner common to Sections 16 and 17, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho; thence North 00022'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89058'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00007'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89037'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83021'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence DEVELOPMENT AGREEMENT (AZ-99-022) - 15 ( ( North 83011115" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00003'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89058130" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. DEVELOPMENT AGREEMENT (AZ-99-022) - 16 ('- t ( EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-99-022) - 17 03-02-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE IvlA ITER 0 F THE APPLICATION OF W. H. MOORE CO., THE APPLICATION FOR ANNEXATION AND ZONING OF 10 ACRES LOCATED ON THE NORTH SIDE OF MAGIC VIEvV DRIVE WEST OF EAGLE ROAD FOR IvIAGIC VIEW OFFICE COMPLEX ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-99-022 FINDINGS OF FACT AND CONCLUSIONS OF LA VV, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18,2000, at the hour of 7:30 o'clocl< p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of W. H. Moore Company "vas Jonathan Seel, and also appearing and testifying were affected property ovvners, Church Harl and Hovvard Foley, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore mal<es the follovving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LA \tv TZldicial Notice: T11e Council may tal<.e judicial notice of governlnent ordinances, and policies, and of act1..1al conditions existing vvithin the City and State. Al'Zlze..-ration: I e The City of Meridian has allthority to annex real property llpon '\tvritten request for annexation and the real property being contigtlouS or adjacent to city bOllndaries and that said property lies vvithin the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City nlay annex real property that is vvithin the Meridian Urban Service Planning Area vVl1ich is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code ~ 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d I 075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance vvith the notice and hearing procedllres provided in Section 67 -6509, Idaho Code and conCtlrrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( ( inln1ediately follovving the adoption of an ordinance of annexation, the City Council sl1all amend the Planning and Zoning Ordinance. [I. C. ~ 67 -6525J [Meridian City Code 9 11-1 6-1. J Zonilzg: 3. The City of Meridian shall exercise the pOvvers conferred LIpon it by tl1e Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 6 7 Idaho Code vvhich provides that the Council shall by ordinance establish vvithin its boundaries one or more zones or zoning districts in accordance vvith the adopted Comprehensive Plan. [I.C. S 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for \vhich annexation has been requested. [Meridian City Code S 11-1-3.J 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning . Ordinance" of the City of Meridian, Idaho, vvhich provides for various zoning districts. [Meridian City Code ss 11-1 - 11-21.] 5.1 The UZoning Ordinance" provides a zoning district (L-O) Limited Office District vvhich is defined as: [Meridian City Code ~ 11-7-2 G.] (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, execlltive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( \ (. stenographic, public service and similar llses. Research ltSeS sl1all not involve heavy testing operations of any land or prodllct n1anllfacturing of sttch a nature to create noise, vibration or emissions of a nature offensive to the overall pllrpose of t11is District. The L-O District is designed to act as a bllffer betvveen other more intense nonresidentialllses and high de11sity residential uses, and is thllS a transitional use. Connection to tl1e Municipal vvater and se\ver system of the City is a requirell1ent in this District. 5.2 The "Zoning Ordinance" provides for a "Zoning Sc11edllle for Use Control" for land llses in various established zoning districts for permitted lIse, conditionalllse and pem1itted accessory LIse. [Meridian City Code S 11-6-1.J 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shovvn. [Meridian City Code ~ 11-6-1.J 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code S 11-15-1 - 11-15-6.J 5.5 The General Standards Applicable To Zoning Amendments include the follovving [Meridian City Code S 11-15-11]: 5.5.1 Will the ne"v zoning be harmonious vvith and in accordance "With the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendn1ent intended to be developed in the fashion that vVOllld be allovved under the ne"v zoning - for exan1ple, a residential area tllrning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( (' ! ~- into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas \vhich may dictate that the area should be rezoned. For example, have the streets been vvidened, nevv railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed llses be designed, constrllcted, operated and n1aintained to be harmonious and appropriate in appearance \vith the existing or intended character of the general vicinity and that such use "viII not change t11e essential character of the same area; 5.5.6 Will the proposed uses not be hazardolls or distllrbing to existing or future neighboring llses; 5.5. 7 Will the area be served adequately by essential public facilities and services such as highvvays, streets, police and fire protection, drainage structures, refuse disposal, "vater, sevver or that the person responsible for the establishment of proposed zoning amendment shall be able t~ provide adequately any of such services; , 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and vvill not be detrimental to the economic welfare of the comn1unity; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that "viII be detrimental to any persons, property or the general vvelfare by reason of excessive production of traffic, noise] smol(e, fumes, glare or odors; 5.5.1 0 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference vvith traffic on st.lrrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 At'\ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( ( , 5.5.11 Will not restllt in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendnlent in the best interest of the City of Meridian. .I 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Conlprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, Janllary 4, 1994. Development Conditions: 7 · The City is authorized by I. C. s 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an ovvner or developer mal<.e a "vritten commitment concerning the use or development of the sllbject parcel vvhich the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code 9 II-IS -12 and if the property is annexed and zoned Meridian City Code S 11- 16-4. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Bllrt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9 · The development of the annexed land, if annexed, shall meet and comply vvith the Ordinances of the City of Meridian including, but not limited to: NIeridian City Code S 11-2-4 vvhich pertains to development time schedtlles and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IvlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( (r , reqllirements; NIeridian City Code S 12-4-13, vvhich pertains to the piping of ditches; and Meridian City Code 9 12-5-2 N, vvhich pertains to pressllrized irrigation systems. 10. The development of the property shall be sllbject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning \vas published for tvvo (2) consecutive vveel<s prior to said public hearing scheduled for January 18, 2000, before the City Council, the first publication appearing and vvritten notice having been mailed to property ovvners or p.urchasers of record vvithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of ptlblic hearing having been'posted upon the property under consideration nl0re than one weel< before said hearing; and that copies of all notices were made available to ne'Yvspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 18, 2000, public hearing; and the applicant, affected property o'Yvners, and government Sllbdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opporttlnity to express comments and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE CONIPLEX / BY: W.H. MOORE CO. / CASE NO'. AZ-99-022 ( ( evidence. 2. There has been compliance vvith all notice and hearing reqLlirenle11ts set forth in Ida110 Code g~ 67-6509 and 6 7 -6511, and Meridian City Code gS 11-15-5 and 11-16-1. 3. The City Council tal(es judicial notice of its zoning, sttbdivisions and development ordinances codified at Meridian City Code Titles II and 12, and all Cllrrent 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. 4. The property is approximately I 0 acres in size. The property is located on the north side of Magic Vievv Drive 'Yvest of Eagle Road. The property is designated as Lots 2 and 3, Magic Vievv Subdivision, and described as follovvs: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Tovvnship 3 North, Range 1 East, Boise Meridian, Ada COtlnty, Idaho, being all of Lots 2 and 3 in the Amended Magic View Sllbdivision, according to the official plat thereof, records of Ada County, Idaho, and vvhich parcel is also described as follovvs: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Tovvnship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00022158" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (r--- < ( North 89058'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence SOllth 00007'50rr East 579.31 feet along t11e Easterly bOllndary of said Lot 2 to a point lying on the centerline of Magic Vievv Drive, being the SOlltheast corner of said Lot 2; thence SOLlth 8903 710211 West 315.1 0 feet along the centerline of Magic Vie\v Drive and Southerly boundary of said Lot 2 to a point; thence North 83021'41 If West 64.86 feet along the centerline of Magic Vievv Drive and Southerly boundary of said Lot 2 to the Southvvest corner of said Lot 2; thence ' North 83011'15" West 405.26 feet along the centerline of Magic Vievv l)rive and Southerly boundary of said Lot 3 to the South"vest corner of said Lot 3; thence North 00003'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the N orthvvest corner of said Lot 3; thence South 89058130" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 5. The ovvner of record of the subject property is W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of residential property. 8. The Applicant requested the property be zoned as Limited Office (L-O). 9. The subject property is bordered to the north by Greenhill Estates Sllbdivision and city limits of the City of Meridian are adjacent and abllt the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (C,,---- ( . property to the SOllth and east sides of the property. 10. The property vvhich is the subject of this application is vvithin the Area of In1pact of the City of Meridian. 11. The entire parcel of the property is inclllded vvithin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Nleridian COlnprehensive Plan. 12. The Applicant proposes to de'(elop the sllbject property in the follovving manner: Develop an office complex. 13. The Applicant requests zoning of the subject real property as Limited Office (L-O) which is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map vvhich designates the subject property as Commercial and ML~ed /Planned Use Development. 14. There are no significant or scenic features of major importance that . affect the consideration of this application. 15. _ ..The Applicant request zoning of the subject real property as Limited Office (L-O). The application is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and Mixed/Planned Use Development. Further, this application is consistent vvith the follovving provisions of the Meridian Comprehensive Plan: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NIAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (~ (,_n_ The sllbject property is located in an area designated as NlixedIPlanned Use Development in the Nleridian Comprehensive Plan. It is vvithin the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2,1.3, and 1.9 Land Use Chapter Policies 4.4U, 4.8U, 5.8, 5.9,5.11, 5.14U, 5.15U Con1ffillnity Design Chapter Policies 1.3, 1.4, 2.1 U, 2.2U, 2.3U and 2.5U 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 vvill not impose expense upon the public if the follo\ving conditions of development are imposed as a condition of Staff review and approval of development permits, and vvhich restrict the llse and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to-'Yvit: Adopt the Recommendations of the Planning and Zoning Staff, modified at the request of the Planning and Zoning Commission as follovvs: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans "viII need to be approved by the appropriate irrigation/drainage district, or lateral llsers association, vvith FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (U_--- _ ( vvritten confirnlation of said approval sublnitted to the Public W or1(5 Departnlent. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic "veIls and/or septic syste111S vvithin this project "viII have to be removed from their domestic service per City Ordinance Section 5-7 -51 7 . Wells may be llsed for non- domestic ptlrposes StIch as landscape irrigation. 16.3 Off-street parl<.ing shall be provided in accordance vvitll Sectioll 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.4 Paving and striping shall be in accordance vvith the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance vvith Americans vvith Disabilities Act (ADA) requiren1ents. 16.5 A drainage plan desi~ed by a State of Idaho licensed architect or engineer is reqllired and shall be sllbmitted to the City Engineer (Ord. 557, I 0-1-91) for all off-street parl<.ing areas. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Section 11-2-14.D.3. 16.7 All signage shall be in accordance vvith the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 16.8 Applicants shall provide five-foot-vvide sidevvall(s in accordance with City Ordinance Section 11-9-606.B. 16.9 All construction shall conform to the reqtlirements of the Americans vvith Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 Al'JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (~ -. ( 16.1 0 Applicant shall enter into a License Agreement "vith Ada COllnty Highvvay District to construct, and perpetually maintain, a 30- foot '\vide buffer vvith a 4-foot high berm and a 6-foot high solid, vvooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic Vievv Subdivision. This obligation shall be appurtenant to Lot 2. 16.11 Applicant shall constnlct a minimllrn 20-foot "vide bllffer 'Yvith a 4-foot hig11 berm and a 6-foot high solid, 'Yvooden fence on top of the berm along the entire length of Lot 3 in the A.1nended l\iIagic Vievv Subdivision. 16.12 Applicant shall be required to dedicate all right-of-vvay along St~ Luke's Street, and Magic Vievv Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 16.13 The Applicant has submitted a draft site plan to provide a general overvievv of expected development type location and amenities. The proposed site plan proposes to the dedication of a ne'Vv pllblic right-of-vvay. All public easements shall be designed by plat or other document of record shovving their location. 16.14 Existing easements are shovvn on the recorded plat of the Amended Magic Vievv Estates Subdivision vvhich vviII be in conflict with the nevv proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 17. It is fOllnd that if the developer pays for the requested improvements and complies vvith the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers "viII be protected, vvhich reqllirement shall be inclllded in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations vvhich fillst be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/lvlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 {r.r-- · \.,.. . /~m..:._. ( taken into account, in order to assure the proposed developlnent is designed, constnlcted, operated and maintained in a manner vvhich is harmonious and appropriate in appearance vvith the existing, or intended character of the general vicinity, in order to aSSllre that the proposed llse vvilI not cha11ge the essential character of the affected vicinity and vvill inStlre that the proposed llses "viII not be hazardolls or disturbing to the existing, or flltllre neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, snlol<e, fumes, glare and odors. Decision and Order now, therefore, based upon the above and foregoing Findings of Fact and Conclusions of Law, the City Council does hereby ORDER and this does ORDER: I. The applicant's request for annexation and zoning of approximately 10.00 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.00 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 provided are not met by the Developer that the property shall be subject to re-zone and de-annexation from the City of Meridian, vvhich Agreement shall provide for the follovving conditions of LIse and development; to-vvit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IvlAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( (~"- 3.A The Applicant shall use the subject property to develop, use a11d maintain professional office "vith any other uses pernlitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance vvith the follovving conditions: 3.B.l Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans vviII need to be approved by the appropriate irrigation/drainage district, or lateral users association, vvith "vritten confirmation of said approval submitted to the Public W arks Department. No variances have been requested for tiling of any ditches crossing this proj ect. 3.B.2 Any existing domestic "veIls and/or septic systems vvithi11 this project vviII have to be removed froll1 their dOll1estic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parl<.ing shall be provided in accordance vvith Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance vvith the standards set forth in Sections 11-2-414.D.4 and 11-2- 414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be stlbn1itted to the City Engineer (Ord. 557,10-1-91) for all off-street parl<.ing areas. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( . ( 3.B.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Section 11-2-14.D.3. 3.B.7 All signage shall be in accordance vvith the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Developn1ent Ordinance. No temporary signage or flashing SigI1S vviII be permitted. 3.B.8 Applicants shall provide five-foot-vvide sidevvall<s in accorda11ce \vith City Ordinance Section 11-9-606.B. 3.B.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.IOApplicant shall enter into a License Agreen1ent vvith Ada County Highvvay District to construct, and perpetually maintain, a 30-foot wide buffer vvith a 4-foot high berm and a 6-foot high solid, 'Yvooden fence on top of ' the berlTI along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 3.B.IIApplicant shall construct a minimum 20-foot vvide buffer vvith a 4-foot high berm and a 6-foot high solid, "vooden fence on top of the berm along the entire length of Lot 3 in the Amended Magic Vievv Subdivision. 3.B.12Applicant shall be required to dedicate all right-of-vvay along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 3.B.13The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of-way. All public easements shall be designated by plat or other document of record shovving their location. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NlAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 (~m. ( 3 .B.14Existing ease111ents are ShovVTI on the recorded plat of tIle Amended Magic Vievv Estates Sllbdivision \vhich "viiI be in conflict vvith the nevv proposed laYOtlt. Applicant shall vacate conflicting easements prior to applying for building permits. 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 (L-O) Li11lited Office District (Meridian City Code S 11-7 -2 G). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W DrIes Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance vvith the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( \.. (" NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 6 7 -6521 an affected person is a person vvho has an interest in real property vvhich may be adversely affected by the issuance or denial of the annexation and zoning and vvho lllay vvithin tvventy-eight (28) days after the date of this decision and order seel, a judicial revievvas provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ 7 - day of fti,~ C/~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN I<EITH BIRD VOTED ~ I~ COUNCILPERSON TAN1MY deWEERD VOTED t ~ COUNCILPERSON CHERIE McCANDLESS VOTED NlAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: $ - 7.--- 00 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NLAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE 'CO. / CASE NO. AZ-99-022 (--- ( 1\iIOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Pllblic W or1(5 Dep~rtment and the City Attorney. By: Dated: J,,-?~ 00 msglZ:\ ,\;V ork\N1\Meridian 15360M\1v[agic Vie\v'AZFfCIs ."",t1U nUf 1111 I, J ~,\,\ Of ~1~. JI,.1/ '\,<f- .;t ""l .:-.. () I ,,~ '" ~ '\ .. '-1.. ~ ~" (j FiPO~ ~ '1; ':. .... -~.. ~ h ~ g ~..y- ~ ~ ~ ~ E E = QE11L :: - ~ ~ = ~ ~ ~ ~ r:r ~ .,.. ~11 ,ctJ '^ ~ ~?^ '-'t~~ 1~ t~ ~ ..-i" v.... y \ · v~ ~ ~~ wr,1 c ~~... ,....~ 9~ 'v ,''\I. './.jJIJ . " · \\\" '1111~UJ 'UUl\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/NIAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ( ( 03-09-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE IvlA TTER OF THE ) APPLICATION OF CENTERS ) CONSTRUCTION, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.029 ACRES FOR CENTERS ) SUBDIVISION, LOCATED AT ) THE WEST SIDE OF LOCUST ) GROVE NORTH OF FAlRVIEW, ) MERIDIAN, IDAHO ) ) Case No. AZ-OO-002 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 COlne on for public hearing 011 February 15, 2000, at the hour of 7:30 p.n1., and Shari Stiles, Planni11g and Z011ing Administrator, appeared a11d testified, and Joe Ca11ni11g of B & A Engi11eers, appeared and testified on behalf of the Applica11t, a11d appeari11g a11d testifying with comments or concerns was: Bill Weaver, and the matter being conti11ued until March 7, 2000, and Brad Hawl<ins-Clarl(, Plan11ing and Zoning Assistant Pla11ner, appeared and testified, and Joe Canning of B &A E11gineers, appeared a11d testified on behalf of the Applicant, and appeari11g and testifying witl1 comments or concerns was: Ti11a Mortsen, and the City Council havi11g duly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) considered the evidence and the record in this matter therefore malces the followil1g Findings of Fact and Conclusions of Law, a11d Decision and Order: FINDINGS OF FACT I. The notice of public hearil1g on the application for annexation al1d zoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for February 15,2000, and continued until March 7, 2000, before the City Council, the first publication appearing al1d 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 cOl1sideration InDre than fiftee11 (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration luore than one weel( before said hearing; and that copies of all110tices were made available to newspaper, radio and televisiol1 statio11S as public service announcelnents; and the matter havi11g been duly c011sidered by the City Coul1cil at the February 15, 2000, and continued until March 7,2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridia11, havil1g been given full opportunity to express COffilne11ts a11d submit evide11ce. 2. There has been compliance with all notice and hearing requirelneIlts set forth in Idaho Code ~s 67-6509 and 67-6511, and Meridian City Code ~s 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 3. The City Council takes judicial notice of its zoning, subdivisiollS and development ordinances codified at Titles 11 and 12, Meridian City Code, and all currellt zoni11g l11aps thereof, and the COl11prehensive Plan of the City of Meridial1 adopted Decel11ber 21,1993, Ordinance No. 629, January 4,1994, and l11aps a11d tIle ordina11ce Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 5.029 acres in size and is located at the west side of Locust Grove north of F airview. The property is designated as Centers Subdivision. 5. The owner of record of the subject property is Centers Constrllctiol1, IIlC., of PO Box 518, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Tra11sitiollal (R- T), and consists of a large vacant lot. 8. The Applicant requests the property be zoned as Lil11ited Office (L-O) and Medium Density Residential (R-8). 9. The subject property is bordered to the north by residential development and city limits of the City of Meridian are adjacent and abut to the west, llorth and east of the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( (/-~- ., t. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. II. The entire parcel of the property is included within the Meridial1 Urbal1 Service Planning Area as the Urban Service Planning Area is defined il1 the Meridia11 COluprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: develop professional offices and townhouses. 13. The Applicant requests zoning of the subject real property as R-8 al1d L- o which is consistent with the Meridian Comprehensive Plan Generalized Lal1d Use Map which designates the subject property as Mixec1/Plan11ed Use Developluent. 14. There are no sigIl.ificant or scenic features of major importance that affect the consideration of this application. 15 w Giving due consideration to the COlnment received froITI the gover11mental subdivisions providing services in the City of Meridian plaru1ing jurisdiction, public facilities and services required by the proposed development will not ilnpose expense upon the public if the following conditio11s of developluellt are in1posed: Adopt the Recommendations of Planning and Zoning Staff as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) lateral users association, with written confirmation of said approval submitted to the Public W orles Department. 15.2 Any existing domestic wells and/or septic systelTIS within this project will have to be removed from their domestic service per City Ordil1.al1.Ce. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Any development of this property shall be conducted under plal1.ned unit development procedures and as conditional uses. 15.4 A development agreement shall be required as a condition of annexation. The annexation ordinance shall include a provision that all uses are to be developed under the planned unit developmellt process and conditional use permit process. The Planning al1.d ZOl1.ing Commission and City Council will be able to set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval will run with the land. 15.5 A minimum landscaped setbacl( of 20 feet beyond required ACHD right-of-way shall be provided on Locust Grove Road. Buffering of adjacent properties from the office use will be reviewed as part of the conditional use permit. Adopt the Recommendations of the Ada County Highway District as follows: 15.6 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivisiol1 plat or executioll of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewall< on Locust Grove Road abutting the site, approximately 220-feet. 15.8 Locate any proposed streets to offset a minimum of 125-feet (measured centerline to centerline) from any proposed/existing streets. 15.9 As required by District policy, restrictions on the width, number a11d FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( ( locations of driveways, shall be placed on future development of this parcel. 15.1 0 Direct lot or parcel access to Locust Grove Road is prohibited. 16. It is found that if the developer pays for the requested improvemel1ts and complies with the conditions set forth in these Findings of Fact No. 15, 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 zonil1g designation. 17. It is also found that the development considerations as referellced ill. Finding No. 15 are reasonable to require al1d must be tal(en into accou11t, in order to assure the proposed development is designed, constructed, operated and maintailled in a lnanner 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 willl1.ot change the essential character of the affected vicinity and will insure that tIl.e proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development 011 potel1.tial to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Lilnited Office (L-O) and Medium Density Residential (R-8) requires connection to the Municipal Water a11d Sewer systems and will be compatible with the Applicant's developlnent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the COlnprehel1sive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and t11e 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 COlTIprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests sublnitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of tl1is matter. 19.3 The application is consistent with Meridian's self idel1tity. 19.4 The preservation and imprOVelTIe11t 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 ordinances of the City to the subject application. 19.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existi11g 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( \. ( clearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject applicatioll. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for a11nexatioll and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city ilnpact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City lnay 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 talce judicial notice of government ordinances, a11d policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plall City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( (r~-.. 4.A The Goals of the Comprehensive Plan are set forth at Page 5 a11d include: 4.1 To preserve Meridian's environmental quality and to Inal<.e provisions for and improve the total natural environme11t 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 distributio11 of new housing units within the Urban Service Planning Area. 4.3 To encourage the ldnd of econolnic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthe11s the City's ability to finance and implement public iluprovements, 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 mai11taining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing a11d projected needs. 4.8 To establish compatible and efficient use of land through FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( ( the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.1 0 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative alld functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3 .2D - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1.4U - Encourage new development which reinforces the City's present development pattenl of higher-density development within the Old Town area and lower-density development in outlying areas ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDNISION (AZ-OO-002) ( ( 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U - Protect and maintain residential neighborhood property values, Improve each neighborhood's physical condition and enhance its quality of life for residents. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods... 2.5U - Encourage compatible intill development which will improve existing neighborhoods. 5.16U - All development requests will be subject to development review and conditionalllse permit processing to ensure neighborhood compatibility. 5.17U - A variety of coordinated, planned and compatible land uses are desirable for this area, including low- to high-density residential, office, light industrial and commercial land uses. 5.18U - Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way widtll of about 50 feet. Service to through-traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. 1.2U - Achieve a local transportation system connected to all modes of the regional transportation system. 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housin~ Chapter 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( ( 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie- in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.13U - Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on ralldom vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; b. Development of uses other than single-family structures are compatible with surrounding development; c. It complies with the updated Comprehensive Plan. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adj acent development. 1.15 - Owners or remnant residential parcels or partially-developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent maj or open space and park facilities, and near maj or access thoroughfares. Community Desi~n Chapter 6.1 U - All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing In all Meridian neighborhoods. 5. The requested zonings of Limited Office (L-O) and Medium Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) Residential (R-8) are defined in the Zoning Ordinance at ~s 11-7-2 D and 11-7-2 G as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is lil<.ely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversi011 of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systelTIS of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to pern1it the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any l<ind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is desig11ed to act as a buffer between other more intense nonresidential uses alld high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop professional offices and tOWllhouses on this parcel of land. 7. Since the annexation and zoning of land is a legislative functio11, the City has authority to place conditions upon the annexatioll of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 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 Developluent Ordinance of the City of Meridiall. 1 O. 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 alld shall tal(e 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 COffilnitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent OWllers and each other person acquiring an interest in the property orily if the subsequellt 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 hereby Order and this does Order: I. The applicant's request for an11exation and zoning of approxiluately FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( 5.029 acres to Limited Office District (L-O) and Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.029 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 contiguollS 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: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. 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. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Any development of this property shall be conducted under planned unit development procedures and as conditional uses. 3.4 A development agreement shall be required as a condition of annexation. The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) use permit process. The Planning and Zoning Commission and City Council will be able to set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval will run with the land. 3.5 A minimum landscaped setbacl<. of 20 feet beyond required ACHD right- of-way shall be provided on Locust Grove Road. Buffering of adjacent properties forIn the office use will be reviewed as part of the conditional use permit. 3.6 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewall<. on Locust Grove Road abutting the site, approximately 220-feet. 3.8 Locate any proposed streets to offset a IninimUlll of 125-feet (measured centerline to centerline) from any proposed/existing streets. 3.9 As required by District policy, restrictions on the width, nUlnber and locations of driveways, shall be placed on future developlnent of this parcel. 3.1 0 Direct lot or parcel access to Locust Grove Road is prohibited. 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-8) Mediuln Density Residential District and (L-O) Limited Office District, Meridian City Code S 11-7-2 C and 11-7-2 G. 5. Subsequent to the passage of the Ordinance provided for in section 4 of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( this Order the engineering staff of the Public W DrIes Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2( S,? day of /)1~d~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED C<..- COUNCILMAN TAMMY deWEERD VOTED .~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ( ( COUNCILMAN CHERIE McCANDLESS VOTED .~ MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: $--ZI-tJO VOTED MOTION: APPROVED: DISAPPROVED: msgjZ:\ W ork\M\Meridian 15360M\Centers Subd\AZFfCIsOrder Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs Department and the City Attorney. \,\\\\ttUJffltl, \')\ 'f AAt:"" II/II ~,~ otJ 0 .~~1^ // "" ~, "Vol /)' "/ . $: c} . ~oft4 ~'V ~ Dated: 3~ 21 ~tJo t ~vD 1(6 ~ ~ ~ SEAL - ~ p.:: ~ ~ 0/ h-.. '\~~ 0 ~ ~ (),~ ~u'l 15'\ . ,..;;.$ './ c,^~ ~ ~ ..;.. 1 c\ ~l- ~ ~I/ \- 0,3 f.N,,,.,;r-ttJ ": ....\,'-' 1;111 v; ~ 1 · \\'\\ IflllHt nHl\\\\ By: City ClerIc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) ~ I -c c OJ r- nO - ~ m > ::cO -11 z G>s cnm -:::0 G>_ ~c z); cnZ :I: m m -i t/'~U -. ~~ ~ ~m cnm "'-1 -o- f- 222 I . ~ <:G) --t ~ ~ ~c-:> m( ~ -c n c: (/\ ~ ~ C) to ~ ~ l4 F r- ~.. 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