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HomeMy WebLinkAbout2000 08-01 ( (C MERIDIAN CITY COUNCIL AGENDA August 1, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll Call: x X Tammy de Weerd X Cherie McCan'dless X X Mayor Robert Corrie Ron Anderson Keith Bird Consent Aaenda A. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of. St. Luke's between Franklin Road and Interstate 84: Table to September 5,2000 B. Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use" Permit for 6.36 acres for a proposed Park- and-Ride lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Table to September 5,2000 c. Findings of Facts and Conclusions of Law: PP 00-011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north of Ustick Road and west of Locust Grove Road: Approve D. Findings of Facts and Conclusions of Law: PP 00-012 Request for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.40 acres in an I-L zone - north side of Franklin Road west of Linder Road: Approve E. Findings of Facts and Conclusions of Law: CUP 00-029 Request for Conditional Use Permit for proposed processing of medical claims I insurance billing- on property located in an R-15 zone by Sarah O'Neal - 1447 Sandalwood Drive: Approve F. Findings of Facts and Conclusions of Law: VAR 00-012 Request for Variance allowing a gravel driveway and parking lot rather than paved for August 1, 2000 Meridian City Council Agenda Page 1 Materials presented at public meetings shall become property of the r.Aeridian City Council~ ( ( Memorial Pet Care by Larry A. Eld., DVM - 654 East King Street: Approve G. Findings of Facts and Conclusions of Law: CUP 00-030 Request for Conditional Use Permit for a proposed. pet cemetery for Memorial Pet Care by Larry Eld, DVM, currently in an I-L zone at the Meridian Business Park - 654 East King Street: Approve H. Development Agreement: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve Reaular Aaenda 1. (items moved from Consent Agenda) 2. Ordinance No. 881: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R 1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve 3. Ordinance No. 882: AZ 00-004 Request for annexation and zoning of 16.119 acres from R- T to C-G for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Approve 4. Continued Public Hearing: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home - northwest corner of East Pine Avenue and Adkins Way: Attorney to prepare Findings of Facts and Conclusions of Law for approval 5. Continued Public Hearing: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 6. Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian August 1. 2000 Meridian City Council Agenda Page 2 Materials presented at public meetings shall become property of the Meridian City Council. (' ( Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 7. Continued Public Hearing: VAR 00-006 Request for variance of the 1 ,ODD-foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 8. Public Hearing: VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No.2 by R2 Development - north of Franklin Road and west of Eagle Road: .9. Public Hearing: VAC 00-006 Request for vacation along the commo~ lot line between lots 23 and 22 of Block 1 0 - located at the Lakes at Cherry Lane No.6: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. Public Hearing: VAR 00-014 Request for a variance of the 3D-foot front yard setback required in the L-Q zone, proposing a 20-foot front yard setback by the City of Meridian - West side of Ten Mile Road approximately % mile north of Cherry Lane: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C-G zone: Attorney to prepare Findings of Facts and Conclusions of Law for approval 12. CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street - east of First Street and south of the railroad tracks: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s.f. to the existing 4,715 5.f. telephone equipment building by US West Communications currently in an OT zone - NE corner of Meridian Road and Idaho Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval 14. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and August 1, 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shall become property of the Meridian City Council. (/ ( gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: Attorney to prepare Findings of Facts and Conclusions of Law for approval 15. FP 00-013 Request for final plat approval of 10 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No. 2 by Ronald Van Auker - north of Franklin Road and west of Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 16. Department Reports: A. City Council President - Keith Bird: 1. Discussion of Monthly Expenditures and Revenue Report by outside auditors: Discussed B. City Engineer - Gary Smith: 1. Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision: Approve request 2. 1 000 Springs Subdivision - License Agreement with NMID: Approve agreement c. Planning & Zoning - Shari Stiles: 1. Request for Private Road for Building East of R. C. Willey by Ronald Van Auker: Approve ' August 1 J 2000 Meridian City Council Agenda Page 4 Materials presented at public meetings shall become property of the Meridian City Council~ ( MERIDIAN CITY COUNCIL AGENDA August 1,2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll-Call: Tammy deWeerd Cherie McCandless Ro Anderson Keith Bird Mayor Robert Corrie Consent Aaenda A. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request f9r Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Table to September 5,2000 B. Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park- and-Ride lot for 1 00 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Table to September 5,2000 C. Findings of Facts and Conclusions of Law: PP 00.011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north of Ustick Road and west of Locust Grove Road: Approve D. Findings of Facts and Conclusions of Law: PP 00-012 Request for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.40 acres in an I-L zone - north side of Franklin Road west of Linder Road: Approve E. Findings of Facts and Conclusions of Law: CUP 00-029 Request for Conditional Use Permit for proposed processing of medical claims I insurance billing on property located in an R-15 zone by Sarah O'Neal - 144 7 Sandalwood Drive: Approve F. Findings of Facts and Conclusions of Law: VAR 00-012 Request for Variance allowing a gravel driveway and parking lot rather than paved for August 1. 2000 Meridian City Council Agenda Page 1 Materials presented at public meetings shall become property of the Meridian City CounciJ~ ( Memorial Pet Care by Larry A~ Eld., DVM - 654 East King Street: Approve G. Findings of Facts and Conclusions of Law: CUP 00-030 Request for Conditional Use Permit for a proposed pet cemetery for Memorial Pet Care by Larry Eld, DVM, currently in an I-L zone at the Meridian Business Park - 654 East King Street: Approve H. Development Agreement: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R 1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve Reaular Aaenda 1. (items moved from Consent Agenda) 2. Ordinance No. 881: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R 1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve 3. Ordinance No. 882: AZ 00-004 Request for annexation and zoning of 16.119 acres from R-T to C-G for proposed Resolution Business Park by G.L. Voigt I Overland, lLC - south of Overland Road and east of Locust Grove Road: Approve 4. Continued Public Hearing: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition ofa home - northwest corner of East Pine Avenue and Adkins Way: Attorney to prepare Findings of Facts and Conclusions of law for approval 5. Continued Public Hearing: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of law for approval 6. Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other iots on 40433 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of \iiciory Road and east of ivieridian August 1, 2000 Meridian City Council Agenda Page 2 Materials.rpresented at public meetings shall become property of the Meridian City Council. ( \, ( , Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 7. Continued Public Hearing: VAR 00-006 Request for variance of the 1 ,OOO-foot block length for proposed Timber View Subdivision by Victory 41 7 LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 8. Public Hearing: VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No. 2 by R2 Development - north of Franklin Road and west of Eagle Road: 9. Public Hearing: VAC 00-006 Request for vacation along the common lot line between lots 23 and 22 of Block 1 0 - located at the lakes at Cherry La'ne No.6: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. Public Hearing: VAR 00-014 Request for a variance of the 30-foot front yard setback required in the L-Q zone, proposing a 20-foot front yard setback by the City of Meridian - West side of Ten Mile Road approximately % mile north of Cherry Lane: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize 1 by Sam Johnson and The Maize, LLC currently in a C-G zone: Attorney to prepare Findings of Facts and Conclusions of Law for approval 12. CUP 00-036 Request for Conditional Use Permit to construct a tri-pJex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street ~ east of First Street and south of the railroad tracks: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 8.f. to the existing 4,715 8.f. telephone equipment building by US West Communications currently in an OT zone - NE corner of Meridian Road' and Idaho Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval 14. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and August 1, 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shan become property of the Meridian City Council. ( ( , gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: Attorney to prepare Findings of Facts and Conclusions of Law for approval 15. FP 00-013 Request for final plat approval of 1 0 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No. 2 by Ronald Van Auker - north of Franklin Road and west of Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 16. Department Reports: A. City Council President - Keith Bird: 1 . Discussion of Monthly Expenditures and Revenue Report by outside auditors: Discussed B. City Engineer- Gary Smith: 1. Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision: Approve request 2. 1 000 Springs Subdivision - License Agreement with NMID: Approve agreement c. Planning & Zoning - Shari Stiles: 1. Request for Private Road for Building East of R. C. Willey by Ronald Van Auker: Approve August 1 J 2000 Meridian City Council Agenda Page 4 Materials presented at public meetings shall become property of the Meridian City Council.. ( ( , Meridian City Council Meetina AUQust 1 , 2000 The regular meeting of the Meridian City Council was called to order by City Council President, Keith Bird, at 7:30 p.m. on Tuesday, August 1 , 2000. Members present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird. Others present: Shari Stiles, Gary Smith, Bill Nichols, Bill Gordon, Shelby Ugarriza. Bird: Welcome ladies and gentlemen to Meridian City Council Meeting of August 1 ,2000. Roll-call from the Clerk, please. Item A. Item B. Item C. Item D. Item E. Item F. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke1s between Franklin Road and Interstate 84: Amended Findings of Facts and Conclusions of Law: CUP 00- 032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-and-Ride lot for 1 00 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Findings of Facts and Conclusions of Law: PP 00-011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north .of Ustick Road and west of Locust Grove Road: Findings of Facts and Conclusions of Law: PP 00-012 Request for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.40 acres in an I-L zone - north side of Franklin Road west of Linder Road: Findings of Facts and Conclusions of Law: CUP 00-029 Request for Conditional Use Permit for proposed processing of medical claims / insurance billing on property located in an R-15 zone by Sarah Q'Neal- 1447 Sandalwood Drive: Findings of Facts and Conclusions of Law: VAR 00-012 Request for Variance allowing a gravel driveway and parking lot Meridian City Council Meeting (. August 1, 2000 Page 2 ( \ Item G. Item H. rather than paved for Memorial Pet Care by Larry A. Eld., DVM - 654 East King Street: Findings of Facts and Conclusions of Law: CUP 00-030 Request for Conditional Use Permit for a proposed pet cemetery for Memorial Pet Care by Larry Eld, DVM, currently in an I-L zone at the Meridian Business Park - 654 East King Street: Development Agreement: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Bird: Mayor Corrie will be in a little later, he had a few things he had to take care of, so I'll try to struggle through here. Council, we got the Consent Agenda, what's your pleasure? De Weerd: Mr. President, I move we make the following changes to the Consent Agenda: Table Item A to September 5th; table Item B to September 5th. Thars all on the Consent Agenda. I would like to make a motion to approve the Consent Agenda with the changes noted. McCandless: Second. Bird: It's moved and Seconded Council to approve the Consent Agenda with the changes of A and B being tabled to September 5, 2000. All in favor? MOTION CARRIED: ALL AYES Item 9 . Public Hearing: V AC 00-006 Request for vacation along the common lot line between lots 23 and 22 of Block 10- located at the Lakes at Cherry Lane No.6: Bird: For the public's information, Item No.9 on the Regular Agenda was put on mistakenly, we do not have all the facts out of Planning and Zoning for that yet, in fact, I don't think it's come out of that, so that will not even be an Agenda Item. Item 2 . Ordinance No. 881: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Bird: Clerk, would you please, what's the number of the Ordinance and would you read the Ordinance by title-only, please. Meridian City Council Meeting August 1, 2000 Page 3 ( . (< Ugarriza: Mr. President, members of the Council, that's going to be Ordinance No. 881: An Ordinance finding that certain land known as Penn Station Apartments lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owners made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning, designated medium-high density residential district R-15; and declaring that said land by proper legal description is 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 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. Bird: Thank You. Anybody from the public would like this Ordinance read, Ordinance 881 read in it's entirety? Seeing none, Council whaes your pleasure? Anderson: Mr. President. I would make a motion that we approve Ordinance No. 881 for Annexation and Zoning of 3.4 acres from RT and R-1 to R-15 for proposed Penn Station Apartments with suspension of th-e rules. De Weerd: Second. Bird: It's been moved and seconded to approve Ordinance 881 with suspension of the rules. Roll-call vote, Clerk, please. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye. MOTION CARRIED: ALL AYES 3. Ordinance No. 882: AZ 00-004 Request for annexation and zoning of 16.119 acres from R-T to C-G for proposed Resolution Business Park by G.L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road: Bird: Council, next Item is the Ordinance for Resolution Business Park for Annexation and Zoning of 16.991 acres from R-T to C-G, by G. L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road. Clerk, I take it that's going to be 882. Ugarriza: Right. Bird: Would you read the Ordinance by title-only, please. ( Meridian City Council Meeting ~ August 1, 2000 Page 4 (. Ugarriza: Mr. President, Members of the Council, Ordinance No. 882: 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 neighborhood business district (C-N) 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 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. Bird: Would anybody from the audience like Ordinance 882 read in its entirety? Seeing none, Council, I'll entertain a motion. De Weerd: Mr. President, I move we approve Ordinance No. 882 Request for Annexation and Zoning of 16.119 acres from R- T to C-G for the proposed Resolution Park with suspension of rules. Anderson: I'll second it. Bird: It's been moved and seconded to approve Ordinance 882. Roll-call vote, Mrs. Clerk. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Ordinance passed. Item 4. Continued Public Hearing: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home - northwest corner of East Pine Avenue and Adkins Way: Bird: Council, this is a continued so we don't need to open, it's never been closed. Is the applicant here? Brock: My name is Cecile Brock, and I live at 7305 Glenn Ridge View in Boise, Idaho. It's my grandmother's property, and it's my house that we're building. Bird: When we continued this, Council we had some questions that we needed answered by the applicant, I believe, regarding - we had some testimony last Meridian City Council Meeting ( August 1, 2000 Page 5 ( week regarding the ditch - the tiling of the ditch. Shari, do you have a question or comment on this? Stiles: Mr. President, Council members, we wanted to make sure the applicant was here to understand that a condition of the annexation was that the ditch was to be tiled along Adkins Lane. There are problems with the ditch there and apparently down stream water users are having trouble getting their water consistently, and that was why we wanted to make sure that you were here to understand that that was a condition of the annexation. Brock: I was not aware of that. I think part of the problem with people on down the line getting water is nobody wants to help clean the ditch. Stiles: A recommendation of the Planning and Zoning Commission, it wasn't very clear, is their recommendation that the irrigation ditch be tiled by anyway necessary on the property. I think we need to nail down the details of that, it will need to be located outside of the future right-af-way of that Adkins Lane, and I think the concern-I've got pictures, this is showing the ditch along the lane, half of the road has been constructed by the property known as Maws Subdivision No. 3, this is showing some other areas that are apparently a problem now, and we continually have problems with these ditches throughout the City, and that was the reason for their recommendation that that ditch be tiled at this time. Brock: The pictures that you're looking at were in the middle of the construction when we were putting City Sewer and Water across to the new houses and across to that 1130 East Pine, my grandmother's house, we took city, water the there, well, city sewer to there and city water and sewer to the other house on the other side and to my new property, and so this was all during the construction. When we're done, it won't look like that, it'll just be a normal ditch. Bird: Council, any questions? Okay, thank you. Anybody else here would like to testify in this matter? Staff, you got anything before we close it or anymore comments. Just a second, we've got somebody that wants to testify. Morgan: My name is Bernadine Morgan, 1187 East Fairview and we use the irrigation water beyond the ditches here and on our way down here tonight, we drove by and the weeds are up over my head, and it's continued to be this way for many, many years, particular this time of year we know that all the weeds are high every where, but then we don't get our water, we simply don't, and the area it shows now, yes, this was during the time that they were putting the new road in there, but it still needs to be taken care of there. It's been many years that we've had to go through this and we've never gotten any satisfaction or any help and we're not kids, we can't do it by ourselves. Thank you. Bird: Thank You. Applicant. Meridian City Council Meeting ( August 1, 2000 Page 6 /"' ..- / Brock: Can I say something else? Bird: Yes, come on back up. Brock: My only point is and-can I ask you guys-can we get a recommendation from the irrigation district? As I understand it, this has been an on-going problem between the Morgan's and the Farrington's for many years, but it is not the Farrington's sole responsibility, as I've understood it, to maintain the ditch for someone else. We've never had any help and we have asked and it was, for many years, it was maintained, and there was never any help forthcoming from the people on down the line. If we need to we can bring the former irrigation district, the guy that was in charge of it, Martin (inaudible), he was in charge of the irrigation district for a long time and we can bring him as well, but it's my understanding that it's not our sole responsibility to take care of it and it has- we're the only ones that burnt it this year, and it does need to be maintained again, but, I do have a problem with being held solely responsible for it. Bird: Council? Anderson: Mr. President, I have a question of our legal counsel, I guess my understanding of the irrigation was-would be that you would be required to maintain the ditch in good enough condition that it would not inhibit the flow to downstream users, not necessarily that everybody downstream would have to go upstream to clean the ditch, I mean, it's your obligation to keep that clean while (inaudible) through your property, isn't it? Nichols: Councilman Anderson, Members of the Council, it's my understanding of water law, that when the ditch goes through your property, you cannot take action which impedes the delivery downstream, whether that translates into an affirmative duty to clean, I frankly haven't researched that. I will say that you do have an ordinance in affect that says: All ditches, when property is brought into the city, if there is an irrigation ditch, it has to be tiled. The only exceptions that we have seen have been drain ditches where there anticipated to be a pathway along that drain ditch and it's not a live water, but you will recall that at the last meeting we had a problem with a downstream property owner who could not get the water because of failure to tile a ditch as required by a prior Council in a development and that developer is having to look at now tiling that ditch so that water can be delivered. Bird: Shari, you have any, staff, you have any more? Anymore comment from the public? Council, you've got anything to say before we close it? De Weerd: Mr. President, just that, Cecil, you understand it is one of our City Ordinance's and so it's a requirement to everyone that annexes into the city. Brock: In what timeframe? Meridian City Council Meeting August 1, 2000 Page 7 (r- (~ De Weerd: What time frame on the tiling of the ditch, Shari, can you answer th at? Stiles: It doesn't state a time frame, but I think the Council should designate a time frame that as soon as the irrigation season is over they need to tile that ditch, this year. Bird: That can be taken care of, the time frame can taken care of in the Development Agreement as we bring it in. Stiles: We didn't ask for one on this development? If they come in the future and they'll just have to meet City Ordinances if they come in at a future time. I don't think that the recommendation from the Planning and Zoning Commission is adequate to deal with this, that we need to set some time frames and some remedies for-if it's not done, such as, shutting off sewer and water. Bird: Okay, thank you. Council, anymore comments? If not, I'd entertain a motion to close the Public Hearing. Anderson: So moved. McCandless: Second. Bird: All in favor? MOTION CARRIED: ALL AYES Bird: Okay, Council, you're (inaudible) De Weerd: Mr. Mayor, I mean, Mr. President. I keep giving you a promotion or something. Bird: Yes, you do, you can have it. De Weerd: I move that we approve the request for Annexation and Zoning by Opal Farrington for 4.70 acres from R-1 to R-4 for the proposed addition of a home with the following changes to the recommendation by Planning and Zoning, on page 1, no. 4, that R-4 be changed to R-1, on no. 5 that R-1 be changed to R-4, on page 3, 1.4, that you strike the end of the sentence by any way necessary on the property and add to that at the end of the irrigation season, as well as to be maintained through that season, that the ditch be maintained until the time it's tiled, and that it be not in the right-a-way by Adkins. There is also one more change on page 2, no. 1 0, that that read R-4 instead of R-1, and to have the City Attorney draw up the Findings of Facts and Conclusions of Law, Meridian City Council Meeting ( August 1, 2000 Page 8 to also include in 1.4 that the tiling be coordinated with Planning and Zoning so they can maintain there sewer and water service. That's a way to check it, right? Stiles: The plans will actually be approved by Public Works Department or Nampa Meridian. De Weerd: Okay, Public Works. Stiles: Just so that we have some remedy, I mean, if there are no consequences then it's not going to be done, so, yes, if you can add that, they'll be subject to sewer and water cut off. Anderson: Done with your motion, then? De Weerd: Yes. Anderson: )'11 second it. Bird: Welve got a motion on the floor, seconded. Roll-call vote, please. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 5. Item 6. Item 7. Continued Public Hearing: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Continued Public Hearing: V AR 00-006 Request for variance of the 1,OOO-foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Bird: Council, would you like to include in these public hearings Items 5, 6 and 7, they all deal with Timber View or Observation Point? De Weerd: Yes, please. (..: Meridian City Council Meeting ~ August 1, 2000 Page 9 ( McCandless: Yes. Bird: Staff, I'll open the Public Hearing, staff, what comments? Stiles: Mr. President, Council members, this is for a 40 acre parcel of ground that's adjacent to Meridian Green Subdivision and East Victory Road. They are proposing an R-4 zone, they have su bmitted a new Plat today that shows some larger lots along the northern boundary. I'm not sure what all the other changes are, this is the irrigation ditch that runs through the property, this area down here would be the southwestern portion where there's an existing home. This area south of the ditch cannot be sewered at this time, it would be outside of the sewer boundary for the line that they are proposing to use. You can see here the difference in elevation for the adjacent property, there's a gravel pit adjacent to the property on the northern most-this portion in here is all gravel pit. The applicant, they can go into more detail what they are proposing, but they are proposing that this would be not developed at this time, they would also like to leave the existing house there. Staff had supported this at the beginning, but, we did go out and take a picture of the house, and we would not support leaving this house as part of the application, if it were to be annexed into the city. They do meet all the requirements of the R-4, which is what they're proposing, they do need to have a Variance on the 1 aGO-foot block length, also, they would need a Variance on the 20-foot planning strip requirement that would be adjacent to the incompatible uses. This is all commercially zoned in the County now, that's where Victory Gardens is, they also have a drilling company that has a building down here, this would be where that existing home is. There block lengths exceed 1 000 feet; this one is particularly long, if Council will support a Variance of that block length requirement, we would ask that there is a pedestrian walkway bisecting the property. They do have a stub street here, there's another stub street that was platted as part of Meridian Green Subdivision that will be continued through into this property. I believe those are the major issues for this Subdivision, this would be all a common lot that would be on the north side of the canal, and they (inaudible) planning strip adjacent to Victory Road. That's all I have. Any questions? Bird: Before we go any farther, the 20-foot buffer is not in the public hearings at all on this the variance has not been filed is not part of these three applications? Stiles: It is not, the 20 ft. planning strip requirement we haven't noticed that properly and we do need a new application for just that 20 ft. planning strip requirement. Bird: Okay, I just wanted to clarify that for the folks out in the audience. Any other, applicant? Meridian City Council Meeting August 1,2000 Page 1 0 ( Bowcutt: Becky Bowcutt, 11283 West Hickory Dale, Boise. I'm representing Mr. Cavin (sic) in this application. Since I started this application, I agreed to finish it, if you wonder why I'm here. De Weerd: Well, you're looking good. Retirement must be good for you. Bowcutt: Semi-retirement. As you can see by the contours, this property is not your average property which is being developed for single family development in the City of Meridian. Most of the property in the city is relatively flat, this particular property is very hilly with a tall knoll that runs through the mid section. Each one of these lines represents a one ft. contour, for example from this point to this point here, which is approximately 140 ft., it's dropping 10ft. When Mr. Cavin started this project he wanted to take advantage obviously of the contours, that's the smart thing to do when you're developing property with topography like this, otherwise you end up doing substantial amount of cutting and filling and grating on the site. He also wanted to take advantage, because of the height of this property, the view of the Boise front and the beautiful view of the Owyhee front, in a southwesterly direction. He did not want lots backing up to Victory Road, so he came up with this concept of this 40 ft. landscape buffer here, and then having this single loaded roadway that runs along here. Everything is kind of oriented a little bit in a northeasterly direction to optimize the view. The other thing that he wanted to do was to make sure that these lots were large enough to accommodate extremely large homes, homes that would be compatible and consistent with the homes in Meridian Greens. In the previous hearings that transpired there has been changes that I would just like to mention. At one time we had three lots on a knuckle located here, here's the existing home that Shari showed up on the screen. Staff indicated that your sewer boundary line for this trunk line that will be extended from Meridian Greens is right here at the Kennedy lateral. ACHD also did not want us to put a knuckle, so we eliminating these, the two lots and just left-this is one large lot with that existing home. Mr. Cavin's caretaker resides in that home who takes care of his father's house south of Victory. We also, at the time, were opposed to this westerly stub street, we thought that we kind of got mixed signals from the staff concerning this; this property here zoned R-T was a gravel pit, the owner of the property got up at the Planning and Zoning Commission and indicated they're in the process of reclaiming it, it's not an active pit anymore, they're not taking anything out of it, but putting it in; on your existing comp plan that's designated for single family, on your future plan map, it's designated medium density single family, so, therefore, obviously the intent is that that become single family and that is why we were opposed a 20-foot strip being allocated along there for buffering, because that use, obviously, is temporary (inaudible) a public street to the property for redevelopment of that parcel as residential in the future. We believe we provided substantial depth here, 127, 134 ft., and we feel that each lot owner would be able to, if they see fit, provide the best type of buffering they can with there own choice of landscaping, fencing, (inaudible), etc. As Shari showed you on the screen, we sit up high, we're not low, so, as far as buffering from view, that's not Meridian City Council Meeting ( August 1, 2000 Page 11 going to be that difficult. Also, when you create a 20 ft. strip that has no aesthetic benefit to the majority of the development, no practical use to the majority of the development, over time, we find, that it just becomes unmaintained and becomes weeds because most of the residents can't see the benefit. Since this use is temporary, we feel that the Council should grant us a waiver for that 20 ft. buffer. This use right here is the Victory Greens Nursery, over here, that is a residential parcel and then we have Meridian Greens above us. We also, one of the changes we made, is we took one of the lots out here. We battled with the Planning and Zoning Commission, we tried to adjust our lots to increase their widths, and finally, Mr. Cavin made the decision that it was in the best interest of Meridian Greens and himself to go ahead and remove one lot, so we did remove a lot from the north and widened those out so they're all 100 plus, and the Meridian Greens are all 100 in width, so welve matched there width. The lots, as you can see, are large. A lot of these are 20,000, 16, 13,000, our density is 2.08 dwellings per acre, so itls really low; we want to provide (inaudible) housing, we even agreed at the Planning and Zoning Commission to put a statement on our Final Plat and minimum lots are home size of 2100 square ft., excluding the garage. These are the types of homes that Mr. Cavin intends to construct on the property. The homes shown in that picture reside at Brook Dale Meadows off of McMillan between Cloverdale and Eagle Road. He would like to build the same type of homes on this property. Some of the other things that we did, we took out a total of 7 lots to increase the lots sizes within this development. One was taken out here, one was removed here, we moved one from this block, this block, this block and then took two lots out, for a total of seven, so we have reduced this by 7 lot, and what we took over to the staff was the reduction. We'd already taken these out and this one out prior to the Planning and Zoning Commission we took out an add itional 4 lots and that was the only change that was made to this plat was removing 4 additional lots. We also had, at one time our approach was over here and we want to try to provide like a kind of a half moon, flower type entry, some amenity here. When ACHD asked us to move our entrance further east, then we ended up with it in the middle of a lot and analyzing that we were concerned about the access to that lot, whether that would work. We show these pathways coming along here and one of the things we talked about, with the staff and at the Planning and Zoning Commission was, welre going to have a decorative cobblestone wall that you see here and in front of that cobblestone wall will be a (inaudible) sidewalk and landscaping, weill have brakes in the wall where that sidewalk would come up here and then continue westward here. The staff asked that, if we would come in and construct a pathway along this Kennedy lateral, one of the things we brought up was, yes, we think that's a good idea, but weld end up with two sidewalks side by side and that didn't make a lot of sense, so, if the city would allow us, we'd take that and just meander it right here and that would provide the access from Observation Drive, and we would go in and do some landscaping along that Kennedy lateral as an amenity. Do you want me to address the staffs conditions that-item by item or just the p and z's? Bird: Council, what do you want? Meridian City Council Meeting ( August 1, 2000 Page 12 j"" / De Weerd: They should be one in the same. Bird: No they're not, they're different. Anderson: Need to address them both at some point. Bowcutt: I guess, for the record, I'd like all my comments to be included for the Preliminary Plat and Annexation, so I only have to do this once. Bird: And, how about the 1 000 feet -- Bowcutt: And the variance, yes. The Planning and Zoning Commission recommended that no buffer zone be required right here along this west boundary, they saw that as, possibility detrimental in the future and the fact that that's going to be residential in the future. Secondly, we did comply with what they asked us to realign our lots on the north to 1 00, we also had a condition that staff set forth that said, there's some gaps in the fence up here along Meridian Greens, and staff indicated that we should go in and install matching fence where it is lacking along the north boundary. We objected to that, because our question was, why was Meridian Greens not fenced in the first place, it's for many, many years been a condition of all residential developments that they provide perimeter fencing. We didn't feel that that was right, that we be obligated to fence that north boundary. Mr. Cavin indicated that he'd be willing to split the cost for that, but, we felt that that was not right, that it be our sole responsibility. The Planning and Zoning commission concurred with us on that item. They also asked for a stop sign be placed at this intersection. We stated, that we'd obviously have to get approval from ACHD in order to do that; a representative from ACHD was here that evening, he said that he did not believe that it would cause any problems. They also asked us to put some type of a small, little median there, like a concrete median, we'd used them before, it keeps the traffic from cutting through, because our intent here is the traffic come through, have to slow down and come around that to enter into Meridian Greens. We are required, this is a temporary turn around, but it's constructed like it's a permanent turn around, and we were required by the Highway District to extend that into our site. Concerning the pathway: The way this development is designed, this block right here is 1 000, maybe a 1 006 form point A to point B, this block here does exceed 1 000 ft. The staff has asked that we put some type of a pedestrian pathway to break the long block up. When we were working on this prior to even submitting the application, I had one in there, but then, after looking at the topography, I had some concerns. We've got as much as a 7 per cent slope there, one of my concerns was, you get a kid on a bike or a kid with roller blades on, they come down the pathway and then with that slope going right into the roadway, would that cause some type of a hazard for that child, so after looking at it, thinking about it, talking with some other members of the staff at Briggs, I removed it prior to ever submitting it. Now, the staff has asked that we add that back in, your Meridian City Council Meeting ( August 1, 2000 Page 13 (' ordinance does talk about using pedestrian pathways to break up blocks, but it says, right-a-way for pedestrian walk ways in the middle of long blocks maybe required where necessary to obtain convenient pedestrian circulation. So, it does give the Council that option. I've got some concerns, we evaluated it., it can meet ADA standards, but we have to do the landings, and I guess I have some- you know-I'm just trying to visualize my kids on a pathway that's sloping into a roadway, I don't think it's a good idea and that's why we opposed it at the Planning and Zoning Commission and we still oppose that as a requirement. I just think it could create a safety hazard and this section of the ordinance talks about for convenience purposes, I think out of convenience, taking that kind of risk kind of bothers me, so, I would ask that that would be eliminated. We feel that this is a good project, it's low density, large lot, larger homes, I think with our elimination of some additional lots, the Meridian Greens residents should be happier. We did have our differences in the beginning, but, we have tried very diligently to try to work out the issues with this Subdivision. The Council does need to consider that this is not a flat piece of property and in development of parcels with this type of topography, it changes a lot of the things that we would normally do if it were flat. Do you have any questions? Bird: Any questions for the applicant? Anderson: Mr. President, I have some. Becky, what's the ADA requirement for the slope on the sidewalk? Bowcutt: The Planning and Zoning Commission debated it and debated it and looked at it, one member, through calculations said, he thought it could meet ADA standards, but we'd have to do those landings, so you'd have to take it down a certain percentage, then create a landing, and then we'd probably have to go in and put up railroad ties, some retaining walls to make it work, so it's not your standard pathway. It doesn't lead to a school, it doesn't lead to a city park or anything like that, I just can't- Anderson: Looks kind of hilly out there and not being familiar, just looking at that terrain that you have there, is there a possibility where you could move that pathway over where it's not-is there a location where it's not such a steep grade, like by moving it to the left or the- Bowcutt: The property flattens out when you get up in through here, as you can see, the wider the contours become, the flatter the property. Over here it's not- over in this area it's not quite as steep, but you can see they're still, the contours are quite close together. Anderson: So, with some contouring or something like that- Bowcutt: And the landings, it was calculated that it could meet ADA standards, yes, sir. ,. Meridian City Council Meeting ~ August 1, 2000 Page 14 ( i.. Anderson: And those large irregular lot that are on the east side of the property, is that because there's existing structures there, is that why those are so strange shaped? Bowcutt: Yes, sir, there's an existing home right here, and this just ended up in that large of a configuration. Anderson: And there access will be in and out through the Subdivision? Bowcutt: Yes, sir. This will take access here and this takes access right here, we meet the frontage requirement right here at that 90 degree corner. This is the other existing home here which takes access at Victory Road at this time. Anderson: And that's the other one that you take acceptation to removing that as our P & Z staff has asked? Bowcutt: Well, it is an old home, it appears to probably be the original homestead if one were to look at it. Mr. Cavin's wish is that he not remove it at this time, just leave it as it is, it's currently on a septic and well at this time, and then if-eventually he'll have-he'll do something with it, and then if it were to be replaced then obviously he'd have to hook to sewer and water. Anderson: Are you still proposing doing this landscaping and pathway that you show in this drawing down past it? Bowcutt: Yes, sir. We'd have to go ahead and-we're going to have a break in the sidewalk because of the Kennedy Lateral here, but then we pick it up and bring it down here and we'd still have the same 20 ft. requirement right through here. Anderson: So, what's that triangle piece right now, is it just a field with weeds or what is it? Bowcutt: It's kind of like a pastu re. This spring it looked real nice, as you can see, it was green and-there it is right there, that's it and that's the nursery you see west of it. In the staff they talked about making it a city park, but it's not large enough, being isolated by that Kennedy Lateral, to make it a park, and obviously with the 84 lots that we propose, we don't have enough lots to really support a park with this kind of low density. Anderson: How big is that piece of land? Bowcutt: 72,000 Square Feet. Anderson: 13/4 acres. Meridian City Council Meeting August 1, 2000 Page 15 { \.. l:.. ( Bowcutt: That's when you take out the canal, and then the 20 ft. for landscape- Anderson: I have no further questions. Bird: Council, any other questions for the applicant? Thank you Becky. Is there anybody here in favor of this project that would like to testify? Anybody here opposed to it that would like to testify? If you would, we'd like to hold our testimony to 5 minutes or less, please. Segmiller: Thank you Mr. President, Members of the Council, thank you for giving me the opportunity to speak. My name is Lee Segmiller, I live at 512 East Whitehall, Meridian Greens. My concerns are in three general areas. *** End of Side 1 *** Segmiller: I would strongly suggest that the Council require applicant's to show their material in a way that the audience can see, it doesn't help us to comment intelligent on a poster board that we see the back side of, and so, this is the fifth evening that live been to these chambers and following this project and there have been changes made, and it's a little hard to see on the back side of a poster board what those are. To address my concerns, 1S\ matter of safety: I'm concerned about approximately 1 000 ft. of straight road coming down the hill entering Meridian Greens and close proximity to my home. I can visualize that there would be high speed traffic, I can visualize that someone in a hurry might be coming down this hill, it's a rather steep hill, and entering through this cul-de- sac, which is not showing on the map, and failing the (inaudible) that corner. The applicant did put in a jog in the road, but the recommendations of Planning and Zoning, if my recollection is correct, was that there was to be a concrete island in the center of that road to force people to slow down. If this is just a straight road, flat road, people will go through that and totally ignore the island. I would also express my keen desire to have that old home removed, that seems to me, to be an ideal location for illegal criminal activity to occur in close proximity to this Subdivision. Abandoned homes are not a good idea to have in a residential district, so I would recommend that you ask that home be removed. My second area of concern has to do with adverse effect on my property values. The applicant has increased the lot sizes joining Meridian Green and I'm pleased to see that, I don't have any information as to the area of these lots, whether they're comparable with Meridian Greens or not, they are the same width, so that's a help. One of the reasons we picked Meridian Greens is because it gives a feeling of openness and spaciousness between the homes, itls not crowded. This proposed development is a choice piece of property and I think it should be developed with that in mind. One item of concern was the roof material, Meridian Greens requires tile or cedar shakes, the applicant has proposed the use of asphalt composition shingles, mention was made of this in previous meetings that it would be a minimum of the presidential grade, sculptured type roof, but I've ;' ... ( , seen nothing in the presentation this evening that would cause that to be a specification, I'd like to see that made a matter of specification in this tract. The third area that I'm concerned about is what.s going to happen to my water pressure? My water in this Subdivision right now is inadequate, it often measures 25 Ibs. per square inch, that will not do if you're trying to water a lawn, you can't get a stream of water on the roof if you had a fire on the 4th of July, it's very annoying. I would like to see some discussion of this item as to how that's going to be handled, if you plug in an additional 40 acres worth of houses, that has to influence the water pressure. I appreciate, again, this opportunity to speak and thank you for this opportunity. Bird: Council, any questions of the gentleman? Thank you very much. Anybody else like to testify? Martinez: Good evening, my name is Boris Martinez, my address is 521 East Whitehall St. in Meridian Greens. Let me start off by thanking the developer for going to the trouble of taking out that lot that helps appease me somewhat. I should point out, that when I originally came here-I was going to get really excited, but, now it puts me at ease a little bit. The one thing that you should note though, is that, although the width of the lots are the same, the depth are not, so they're still not-well, let me put it this way, our minimum lot size along that-along here is 13,200 square ft Really, what I was looking for was that the lots that they put back there be as big as our smallest lot, so, as you can see, I'm not asking for the world here, I'm trying to create a situation where I can assure myself that the lots are such that they can put houses of comparable value. I'm just concerned that on small lots you get small houses, no matter how hard you try, it's really hard to put a really expensive house on a small lot, so I appreciate the fact that they took the lot out and I'm just wondering if maybe there's something they can do with just moving the lots a little bit to get us closer to that 13,200 square foot Looks like you had a question, oh, okay. Something that was just brought up concerning the fence, actually, I was surprised that that was a requirement on their part, but, just to set the record straight, from what I remember, the Planning and Zoning recommendation on the fence was that someone was suppose to look up and see whether the ordinances were in place at the time of that development where they were required to put up that fence. If that was a true statement, then, whoever the developer is for that needs to put up a fence, if that development was in place before that Ordinance came into effect, then the new developer is required to put it in. I didn't here any mention of that, just seems to me like somebody should investigate who exactly is responsible for putting that fence in, if so, they should do it. Another thin"g, we have 10ft. setbacks in our Subdivision and , again, as Lee has mentioned, it creates an atmosphere of openness, that's one of the reasons I moved into that Subdivision is I like to see space and, I believe that the setbacks they have in place for these Subdivision is 5 feet, so, in my mind, it creates-you've got smaller lots, you've got shorter setbacks, it's just hard to maintain that openness. Now, I'm not asking that they do 1 0 foot setback for the whole thing, but it'd be nice if there was some (.... I~f ( Meridian City Council Meeting t August 1, 2000 Page 1 7 kind of blending process where our Subdivision blends into them, and then as they move forward they can do whatever they want. I know that the developer has to make money and I'm all for that. Another issue that I wanted to bring up and I don't know if you guys can help with this or not, but, the homes actually in the back part or the Meridian Greens Subdivision, they don't have (inaudible) irrigation water whatsoever, so we have to rely on normal city water to water our lawns, and so, one of the things we were hoping we could do was, since, they are being forced to put (inaudible) irrigation water through there anyway, if there was any way whatsoever that we could hook up to their system. Now, I think it's only fair that we should pay some amount of money in order to try to compensate them for that, but, it just seems odd to me that we have an ideal opportunity to at least get some homes on (inaudible) irrigation water and, this will probably be the last chance we have to do that. I did talk to the Nampa-Meridian Irrigation District and they said that if the (inaudible) irrigation remain private then we could work something out with the developer, if it got turned over to Nampa-Meridian Irrigation District then they would not take it over if we did that. Just seems strange to me-to me that's a very clean situation, it doesn't address everyone, it doesn't help everyone, but at least it helps the people who are up against the new Subdivision that's going in. So, I guess in closing, I'd like to say, it would be nice if they could at least have lots as big as our smaller lots, I don't think we're raising the bar incredibly high here and maybe with thi.s lot removal and maybe with playing a little bit with the property (inaudible), they might be able to get there. Thank you very much. Bird: Any questions of the gentleman? Anderson: Mr. President. When you were talking about the setbacks were you talking about front yard setbacks or- Martinez: Side clearances. Bird: Any other questions? Anderson: You are aware that the new plot plan that we have, there lot sizes are 12,648 ft., I mean that's 350 square feet shy of what you're asking. I think that's pretty close. Martinez: All I would say in response to that is that we really didn't have any visibility of that until just now, so, it's hard to articulate an argument for something when no data has (inaudible) time, and this was suppose to come before you 2 weeks ago anyway, so, why wasn't it brought then? It would have been part of the record at that time, it would have given me an opportunity to review it, and make some comments on it at that time. Bird: Any questions? Thank you very much. .r.. ~ ... / .. \. {.. Meridian City Council Meeting 1 August 1,2000 Page 18 Martinez: Thank you. Bird: Anybody else from the public like to testify? Ovart: My name is David Ovart, I live at 1 019 East Dominica Meridian Greens and currently building a home on Whitehall that backs the Subdivision. Many of my concerns have been addressed fortunately by the (inaudible), I appreciate that, taking the lot out would be a big improvement for those of us who back up that part of the neighborhood. I guess the only concerns that I have left is the home size, 2100 square ft. is certainly more reasonable. According to the Ada County Records, the Recorder's office, the average size of the house on Whitehall there is 3073 square feet, so there's still, if those houses were built to satisfy covenants, a 500/0 difference in home size, which is still somewhat concerning to me as far as (inaudible) continuity through the neighborhood. It would be nice to see that addressed in some way, so that there's houses that are at least close to the same size in the area. The other thing that I would like to- just a second that I think was mentioned before, is that our water pressure is sometimes pathetic in the neighborhood there, and I would like to see that addressed, the pressurized irrigation, getting those houses on pressurized irrigation that itls near, may not do a lot, but it certainly would help a little bit, at least to get those houses form pumping city water onto there lawns, which is currently happening, so if those things could happen, I think that would be helpful. Thank you. Bird: Any questions? Having none, thank you very much. Anybody else like to testify? Seeing none, applicant, would you like to reply. Bowcutt: The question came up about the island, the concrete island will channel that traffic and it will require that it slow down to make that turn, we also realign the way that stub street intersected with our street so that it was not a direct dump into that culdesac. Concerning the roofing materials, Mr. Cavin did go on the record that they would do 40 year architectural shingles, very high quality. The homes that you looked at in those pictures have those types of shingles. A lot of the buyers that Mr. Cavin deals with do not prefer shake shingles. We don't have a climate that's conducive to that here, we have to many extremes, to cold in the winter and to hot in the summer and they don't last here. Many homes on my block, which are only six, seven years old are already replacing their cedar shingles, so that's why Mr. Cavin has chosen that. Concerning the water pressure, we will have a pressurized irrigation system, probably sourcing out of the Kennedy lateral. The Meridian Greens Development, for whatever reason does not have pressurized irrigation, but goes off domestic water. I did call Donna Moore at Nampa-Meridian Irrigation District and I talked to her about this, because the question did arise, could those lots hook up onto our main line that back up to us. Donna Moore stated that the district has been in discussions with Meridian Greens for multiple years now, wanting them to do a LI D to go in and retrofit this neighborhood for pressure (t Meridian City Council Meeting , August 1, 2000 Page 19 /~ . ~ .. ( irrigation, and she says every time they start making progress, then, they have a new home owners association president elected and it's starts all over again, so they haven't made a lot of progress. The district policy is, that, we cannot hook up platted lots unless, you hook up the entire Subdivision, and obviously that's not possible. I don't think it's Mr. Cavin responsibility to go in and pay for something that Mr. Fuller should have done with Meridian Greens, such as fencing and pressure irrigation. On the depth of the lots, multiple discussions took place about .lot sizing and compatibility. The Planning and Zoning Commission made a good point, it doesn't have to be exactly the same square footage, just within that range, and what they saw as the most important thing was that 1 00 ft. width, if we could match that width, we are a little bit shallower, we're 124, 126, it varies along there, I think they're 130, 134, and it varies along there with there lots, but I feel we've done a really good job, we're not just doing you're standard, trying to do 80x100 lots, we're trying to do (inaudible) and nice homes, and Mr. Cavin's indicated that these homes, because of the views are going to be very expensive, and, even though we're setting that 2100 square ft. minimum, it's most likely these homes will far exceed that, just like there's have, because it's a wonderful area, good view. Side setbacks, we're asking for an R-4 Re-Zone, the R-4 zone has 5 ft. side yard setbacks. With the reduction of the lots, and widening most of these lot out to the high 90's to 1 00, most likely you're going to see quite a distance between those homes, but, I would not want to impose a 10ft. setback on these homes, that's not the zone that we're asking for. Welve got ample room, it's going to feel just as open as Meridian Greens, and if you look at that development there are lots in there further north that are a lot smaller than we are, they also back up to Sportsman's Point, so we feel that we're going to be a wonderful neighbor and a benefit to the City of Meridian, and we hope that the Council feels that way too. We've done everything we can, we just-there's not a lot more than we can give, if I was doing 3/12 units to the acre, ya, but not when we're doing 2.08. Thank You. McCandless: Becky, didn't you say that that house that was in that triangle was occupied by the caretaker? Bowcutt: Yes, maim. McCandless: So, it's not empty. Bowcutt: No, it's occupied, I went by there myself, I saw people living in it. Bird: Any other questions for the applicant? Thank you, Becky. Council, any questions before we close the Public Hearing, so we aren't reopening it again. Anderson: Question of staff: Gary, the water pressure issue, could you maybe add ress that? Meridian City Council Meeting August 1, 2000 Page 20 ;:... ... ( )r-~".". .. { Smith: Mr. President, Council Members, I don't have any specific information right at the moment, I'm going to have to find out. We have a booster station at Overland Road that boosts the pressure to Meridian Greens, and I'm just not aware of any water pressure problems, so I'll just have to find out, and I'll also find out what the computer model says for this Subdivision, because it should have been run on the Preliminary Plat basis to see what kind of pressure they will experience in there. De Weerd: Mr. President. If you're computer model would have shown there was anything that was in-unacceptable levels, you would be bringing that up, correct? Smith: It should have been in the staff report, yes maim. De Weerd: Okay. I have a question for Shari, was there any resolution on the fence requirements on Meridian Greens, were they required to fence there back property line? Stiles: The Meridian Greens Development was Preliminary Platted years ago, I don't know if it was 1990, maybe Mr. Bird would know, but, the Preliminary Plat was all done at one time, the requirement for perimeter fencing is not an Ordinance requirement, it's in the comprehensive plan that was adopted at the end of '93, first part of '94, that's when that requirement came in affect, it is not an Ordinance requirement, it has been made a condition of annexations, new annexations as they come in, but, I'd have to go back and look at the specific requirements for that plat, but I don't believe that would have been a requirement at that time. De Weerd: So, as far as the building, permits does that then require the new development coming in to fence that? Stiles: The reason for the fencing requirement, is primarily to protect adjacent agricultural lands. It wasn't intended to provide a fence for adjoining neighbors, that was the primary concern was all of the trash that was being blown onto adjacent agricultural properties and that's the reason for the perimeter fencing. De Weerd: Okay, well, I guess I'm kind of confused, because, someone has to fence my back yard, and I don't want a fence back there that someone says, until they do that, they can't get building permits, so, I guess that raises in my mind, is that a similar situation here or not, you know, all the neighbors have fences, but mine and so, they're telling me they have to put a fence up before they can get a building permit, is that going to be the same in this development, and then, who puts that fence up? Meridian City Council Meeting (1" August 1, 2000 Page 21 1"" (. " ~/ Stiles: If the Council makes it a condition of approval for a perimeter fence, that they have to put fences adjacent to those properties on the north that don't have fences, that'll be a requirement, we wouldn't- De Weerd: Okay, so it's not a blanket thing? Stiles: It wouldn't have to be a blanket thing. Anderson: Shari, your comments on the elimination of the 20 ft. buffer to the west and also on the pathway, the elimination of the pathway, would you give us some comments on your feelings on those? Stiles: Because of the length of this, we would try and encourage somekind of pathway through there, if it truly is a safety issue, of course, we would not want to have them provide that, but it gets to the point where, if this person wants to go back to this person, they've got a fence back there, they don't have a gate, this person, in order to go to this house has to go all the way around, and that's the reason for breaking up those block lengths. It would be preferable to have some kind of a pathway through there, but, again, without looking at how they might have to design that, if what Mrs. Bowcutt is talking about is true, and it would be a safety problem, we could support eliminating that. As far as the 20 ft. planning strip requirement, if Mrs. Bowcutt would, because of her testimony, saying that they are in the process of reclaiming that and intend to develop that residentially, I could support, if she will bring in a letter from that property owner stating that, that this is-that they are reclaiming that as no longer being used industrial as a gravel pit, and they are going to do that residentially, I would support, not even requiring the Variance for this portion of it, however, this is already commercially zoned, it's already in active commercial use, and I would not support eliminating the planning strip requirement adjacent to that use. That could also be something we could take care of in the future when this redevelops. I don't think it's-since the house is clear over here, I don't think that it's imperative that that be provided at this time, so I don't know if Mrs. Bowcutt is willing to consider that, but, since this is so much higher, it's really not going to be much use to them. If the people have a problem with this gravel pit and what it looks like, they can go in and put in their own-they have a 15 ft. yard setback, I really don't see it's going to make-be of much use there, but adjacent to this, I do think that they are going to need that. Bird: Any other questions? De Weerd: I just have one more. Was there a traffic circle in that one intersection or did you just do kind of a (inaudible) out? In the intersection that goes into the Meridian Greens? There wasn't a little concrete circle there or traffic circle, is there, or not, but it will exist? Meridian City Council Meeting ( August 1, 2000 Page 22 (/- Bird: Sir, let me ask you a question first, is this a reply to what our staff said or what the applicant, okay, just that. Segmiller: I like to respond to the comment about there having no indication that there's a water pressure problem. I've lived in that Subdivision 31/2 years and have made many calls to the water department with regard to the water pressure. I purchased a gauge to measure it, 11m a Mechanical Engineer, and I know how to measure water pressure. When that boost pump is not operating we have 25 Ibs. per square inch pressure. The most I have ever seen is 60 Ibs., more frequently 50-55 is what we have to work with on our city water, and it's very difficult, at times to get the yards watered, and 11m just concerned we get all these additional houses hooked up to the city water, what that's going to do. Thank you. Bird: Thank you. Council, anymore questions? De Weerd: Just one of the City Engineer. What are the acceptable water pressu ra levels? Smith: 35 is the minimum at the street I wasnlt aware of the pressure problems, I know that at times when the booster has been down for mechanical problems, there have been problems with the pressure, but I don't get those calls, and the water department is suppose to address all of that, 50-1 just personally am not aware of it, other than at times when the booster stationls down. Now, I will find out, and make sure that, if there is a problem, we get it rectified. De Weerd: Thanks, Gary. Bird: Thank you, Gary. Council, anymore questions? If not, I would entertain a motion to close these three Public Hearings. Anderson: So moved. McCandless: Second. Bird: Discussion? Hearing none, all in favor. MOTION CARRIED: ALL AYES Bird: Council, what is your pleasure on Item No.5, Request for Annexation and Zoning? Anderson: Mr. President. I would make a motion that we approve the request for Annexation and Zoning of the 40.33 acres from R-T to R-4 for the proposed Timber View-Observation Point Subdivision and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law. Meridian City Council Meeting August.1,2000 Page 23 (' ( McCandless: Second. Bird: With the recommendations of the- Anderson: Subject to recommendations of staff. De Weerd: Mr. President. I just have a question of Councilman Anderson. On page 2, 1.1 that requires the minimum 20 ft. landscape buffer, do you want to add language to that if the land to the west will be used for industrial or, is there any amendment that you want to do to this recommendation? Anderson: I think that the comments that we heard by the applicant were appropriate. If this is, indeed, going to be reclaimed, the comments by staff, were that if she were to bring in a letter stating that that was what the intent was, that that condition could be eliminated, but if such documentation could not be produced, then that would be left in there. Bird: Mr. Anderson, I've got another question on one point to, right below there; a Development Agreement is not required? We had made a decision that all annexations were going to have a Development Agreement. I guess-a question for staff more than it is for me, I don't know why thars in there, if thaes what our policy- Bird: That's what our policy has been, Development Agreement, we can cover a lot of ills that way with a Development Agreement. We can make sure things are done right. Anderson: Do you want to respond to that Shari? Stiles: Normally, in the request for Annexation and Zoning, if they're accompanied by plats, we don't have a problem with them not having a Development Agreement, simply due to the fact that they have to meet the Ordinance Requirements, it may be justified in this case, just due to the fact they've made these representations of the bigger lots and the various things they've represented as part of this application, may warrant a Development Agreement, because, the fact is, if they didn't have the Development Agreement, they could sell off this property and somebody else could come in with 8,000 square foot lots. As long as they met the Ordinance, the R-4 zone, then that's all they would need to do. Bird: Would you like some amendments to your motion now? Anderson: I would like to amend the motion, then, to change recommendation 1.2 on page 2 to read that a Development Agreement would be required. / Meridian City Council Meeting ;1 August 1, 2000 Page 24 Bird: Do I hear a second? McCandless: I'll second. Bird: Discussion? Hearing none, roll-call vote, Mrs. Clerk. Roll-call: deWeerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor, do you want to take over? Corrie: Yes, thank you, Keith. Bird: We're on Item 6. Corrie: Have we opened the Public Hearing (inaudible) Bird: The Public Hearing's all taken care of, we've just got to pass- Corrie: Item No. 6 is a Public Hearing Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC. So, we have the Public Hearing already opened- staff - Bird: It's closed, we're just voting on it. The Public Hearings are through and-I'm sorry, Mayor, I wasn't very clear. Corrie: Thank you very much. Okay, then, I'll entertain a motion on the Preliminary Plat on Item No.6. Bird: Mr. Mayor, I've got a question, and I believe this is just a clarification, I believe that that has changed to 91 lots to 84 lots, so I think that needs to be put in the deal. Corrie: Is that correct, Shari, it was changed to 84 lots? Thank you. De Weerd: Mr. Mayor, I have a question for the City Attorney. When the applicant was stating the Items on the Findings or on the recommendation that she had some issues with, I couldn't find all of them, so did you note a lot of those changes, or how do we go about going through our motion noting the required changes that are needed, to these recommendations? Unless any of the other Council members were following that. I don't see some of those conditions in here. ( Meridian City Council Meeting August 1, 2000 Page 25 ( De Weerd: I couldn't either, so-Shari, did you follow on those, that the applicant noted some of the items? Stiles: I donlt have Planning and Zonings recommendations in my file. Bird: Did they present those in writing, or was it just strictly verbal? Stiles: You're suggested changes to these, did you just have them all verbally or did you actually write them down? Bowcutt: Most of them were in my written comments, staffs comments. Bird: What's the date on that, Becky? Bowcutt: May 9, 2000. Nichols: Mr. Mayor, just a further point of clarification. Ms. Bowcutts letter was directed to a staff report, not to the specific Planning and Zoning Commission recommendations, so, it might take some time to correlate. Some of the recommendations, of course, come right out of the staff comments, some of them are added by P&Z at the meeting and so, it's one of those where you look at the substance, not the number so much. Bowcutt: I have reviewed Planning and Zoning Commissions comments. I have highlighted on mine those conditions which I brought up as issues. De Weerd: I guess, the questions I have are with 1.13, which refers the three original lots that were down on blocks 7 that are outside the service area. Since it's been re-platted, does that comment need to be in there? Stiles: On 1.13 you could end the sentence after Ten Mile Service area and take out the remainder of that sentence, where it says, however lots 2, 3, 4, block 7 are outside the service area, and take out the following sentence, but the rest of it should stay. De Weerd: So, keep the sewer manhole sentence in there, right? Take out the sentence in between the first and the third, so delete sentence two, correct? Stiles: Delete the end of sentence one, and delete sentence two. De Weerd: Then, on 1.18, which needs the Variance, does Council have enough instruction on that, so we don't have to try and reword that, and will they still need to apply for a Variance? ( Meridian City Council Meeting August 1, 2000 Page 26 ( Stiles: There's a couple of those conditions that are run together there, it looks like, where it starts at 7, about midway through, you see there where it says 7 and the 20 ft. wide minimum landscape buffer, that should be a new item, but on 1.18, it could, just a suggestion, a 20 ft. wide screen will be required along the west boundary along the Subdivision adjacent to the existing gravel pit, unless a Variance is granted or the applicant provides evidence from the adjacent land owner that mining activities have stopped, and that residential development is planned for that property. That 1.18 also doesn't address the, very clearly, the commercial property, south of the Kennedy lateral, and I believe they still need to have that 20 ft planning strip adjacent to that use. De Weerd: So they'll need-okay-so, what she said, right, and then, 1.24 , I think, deals with your recommended pathway, I believe, is this the one that would deal with the block length and the pathway requirement? Stiles: That probably should be addressed as part of the Findings for the Variance on the block length. De Weerd: Although, this recommends the pathway, if the grade is to much that it would cause a safety hazard. Do you want that put in there, inserted in there, somehow? Stiles: If it would cause a safety hazard as determined by staff or by the applicant? De Weerd: By staff. Is that appropriate, Mr. Attorney? Nichols: Mrs. de Weerd, Mayor, Members of the Council, the question is whether you want a pathway in there, and if so, under what conditions. It would seem to me that one of your policies that you have in place now, is to afford increased pedestrian pathways, and particular where this one block exceeds the 1000 ft., I think we're thinking about the one in the middle, not necessarily the one at the bottom. Having said that, the question is, what's more important to you, the pathway or the possibility that somebody's going to (inaudible) off the pathway on to the street in this residential Subdivision. De Weerd: I guess, if you're asking me what my concern would be, is, that if we create a pathway, that it is safe. Nichols: I think that's a matter for engineering, and , if it's an 80/0 grade, and that's existing ADA standard, and if there are these landings, and I presume there might be other features that would be acceptable in a pathway that would still satisfy ADA with regard to dips, or something that would slow a bicyclist or a skateboarder or a rollerblader coming down the hill. I would assume that some of those things could be done, although, maybe that would create a skateboard park where they don't want one, but- (' Meridian City Council Meeting August 1,2000 Page 27 ( De Weerd: So, the staff and the applicant can work that out? Bird: I've got a concern with landings, if that's the grade coming down, if you're going to stop the steepness by landings. I don't know how ADA addresses landings. I have a real problem with the pathway for safety for young kids, rollerblades, skateboarding, is a real popular item, I see some future chances of some children coming out in front of some car, even if it was going 1 0 miles an hour, then (inaudible) the car they could be hurt pretty bad. I'd sooner see the person in lot 1 have to walk all the way around to lot 40, or drive around, what they'd probably do. Anderson: I agree with Keith, I think these items either they need to be deleted or need to send this back to staff and the applicant because, I don't think the City Council place is the right format to start redrafting language that is in Findings of Facts and Conclusions of Law, and so, they either need to be deleted completely or we need to send this back to staff and they work out the proper language. Bird: live got a question, I agree wholeheartedly with you, Ron. If we delete 1.24, that 1.24, in this application, then we're basically approving the 1 000 ft. Variance, arenlt we Mr. Attorney? Nichols: Mr. Bird, Mayor, Members of the Council, you could not take action, well, I would recommend against taking inconsistent action on the Variance application, if you, if you change-specifically 1.24 addresses pathways only. It simply indicates the pathway is a, if you will, a mitigation of the exceeding the 1 000 ft-once you approve this Preliminary Plat with a walk that's more than a 1 000 ft. long, then essentially you need to be consistent in your Variance application treatment. De Weerd: I guess, so what 11m hearing Councilman Anderson telling us, is to give this back to staff and say, clean up the language. Then, are you going to specifically tell them what language you want, I mean, what issues you would like clarifications on? Anderson: Well, I think those things have been spelled out, but, at this point, I think, myself, as well as other Council members are confused about what it is that we want to do, because, again, welre setting in a meeting trying to edit, well, if you strike this, and you added this, and you did this, and you deleted that, I think we need to be looking at a clean- *** End of Side 2 *** Anderson: Clean up the language before we vote on them. I personally think leaving the 20 ft. buffer on that piece of property that's going to be undeveloped, that little triangle piece, off to the west side of that, makes no sense to me. Meridian City Council Meeting August 1, 2000 Page 28 ( (f"" T " , ( There's nothing built there right now, and when somebody builds there, then they'd put in the landscaping; to me, to landscape that field on the left hand side, makes no sense. De Weerd: And, I think staff recommended that that not be a requirement until that piece develops, or, I believe, that's what I recall. Anderson: See, and that wasn't how I understand that, so, that's- Bird: That is not how it's wrote up. De Weerd: See, we're confused. Stiles: These are the Planning and Zoning Commissions recommendations, that is how they are written up by the City Attorney's office, is based on recommendations from the Planning and Zoning Commission. The staff can't take these, and change them, without knowing what you want. I mean, either take the recommendations or change them, but don't ask staff to go back and change something, I mean, it's a recommendation. You're the body that makes the decision whether to accept those recommendations or change them. De Weerd: I guess my question for the City Attorney would be, if we pointed out the issues that needed work on, is that sufficient enough to rule on these recommendations, and ask for Findings? Nichols: Councilwoman de Weerd, Mayor, Members of the Council, the short answer to your question is yes. If you say, in the motion, delete 1.13, change 1.18 this way, change 1.24 this way, then, lid take notes of that and the Findings and Fact that come back to you have made those changes in them, so that we can specifically address those things that need to be changed from the recommendations. That would be my preferred way of doing, instead of trying to discern what it is that you want from your comments. Mr. Mayor, may I make a suggestion? If you've got it down to a few issues, what I suggest might be a way to do this, at least for tonight, and we can think about maybe a better way to do it next time, would be a specific motion, would be a withdrawal of the current motion and a new motion to amend the recommendations or change the recommendations, either one at a time with regard-vote on 1.13, whether to delete it, vote on 1.18 with regard to what you want to do about the 20 ft. strip, vote separately on 1.24 regarding the pathway, and then we've got specific direction as to what the final thing that you vote on would be. In other words, if you-either that, or simply put it in a motion, you know, I move that we approve, with these specific changes on these things, and I'm sorry if I can't be more clearer than that for you. Anderson: What was the other one besides 1.24 and 1- ( Meridian City Council Meeting August 1, 2000 Page 29 (~~,-, Nichols: My notes indicate 1.13, 1.18, 1.24. De Weerd: And I would have 1.2, which has been taken care of, so it should be deleted, and 1.3 probably needs some clarification. I had another question on that one. Nichols: Councilwoman de Weerd, Mayor, Members of the Council, 1.2 when I would prepare the Findings and Facts, I would eliminate that, because this Preliminary Plat that we received, which is dated whatever date's on it, would take care of that, so, we would take that out. Bird: I've also got on 1.12, (inaudible) existing domestic wells or septic system (inaudible) project. So, what we're saying, is that little corner, if we were to leave that house that's on it's well and septic tank, they're saying they have to remove the well and septic tank there, as I understand it, so, they have choice but to remove the house. Anderson: You could leave the house, you just couldn't leave the well. De Weerd: Well, you could make an exception to that piece of property. Bird: I just want to bring that point up, I'm like Ron, I don't see any, you know, that little property down there- Nichols: Mr. Mayor, Members of the Council, another thing you could do on that, would be to declare that the house would be a (inaudible) use, it could not be expanded, altered, added onto-there's two houses on there-are they both in a problem or-no. The one house that's on an existing house on the east side of this Subdivision would be required to hook into city water and sewer. Bird: Yes. Is that the Peterson Homestead? Well, how do we get out of this. Nichols: We could take a recess. Again, this is one of the choices that you can make, you can say on 1.12 that the existing home that fronts on Victory Road, could be allowed to maintain it's current septic system until sewer was available from the Black Cat trunk extension, but that water would need to be, in other words, domestic water supply would have to come from city water. I'm taking that from Councilman Anderson's comment, because that's where the problem is, is the sewer's not available to that lot, but water should be available to that lot. Bird: Are they going to run a line under that with a (inaudible), are they going to run a line down to that little parcel of water? I don't think so, it's not in the Plat. So I would think that we would have to leave the water and septic tank, the domestic well and the septic tank there for that one house, make it that that house is the only one that's allowed to use it, no other thing can be hooked to that septic or well. (inaudible) Plat that line, that water line is not going to go ( Meridian City Council Meeting August 1, 2000 Page 30 ( down through there, nor should it have to for one little piece of property. Letts get this over with. De Weerd: We're trying. Bird: You ready? De Weerd: Sure. Nichols: Mr. Mayor, Members of the Council, if I may, in your discussion, not to drag this out, but if each of you would express your opinion on these specific points, before someone makes a motion-well, wait a minute, I think we have a motion on the floor now. De Weerd: No. Bird: No, we don't. Nichols: We don't have a motion, okay, excuse me. Time flies. De Weerd: Seems like we should, but- Nichols: If each one will express their opinion, then someone can craft a motion, I think, at that point. De Weerd: Would you like me to attempt this? I will offer for point of discussion that we delete 1.2, that we use the City Attorneys language for 1 .12, that we delete the second half of sentence one, where it starts, however, lots 2 through 4, and the second sentence in 1.13, that we, in 1.18 we use Shari's comments to be added after adjacent to the existing gravel pit. I didn't write all of them down, I just-with her comments, and then maybe starting at a 20 ft. wide minimum landscape buffer be a new item, and that we don't do anything to 1.24 until we discuss the Variance. Bird: Do you want it eliminated or just leave it as it is? De Weerd: Just leave it as it is, until the Variance is dealt with. Bird: I agree, except on 1.2, I think that that should state that the existing well and septic system, shall be used only on the one house that is located on the south east- De Weerd: Mr. Bird, I just recommended we use the attorneys language, that big, long piece that he said. I didn't mean to embarrass you. Bird: Okay, no problem then, make your motion. Meridian City Council Meeting August 1, 2000 Page 3 1 ( Anderson: Just a couple comments, on 1.3, on the fencing part, to me, it seems like we should just remove that entirely and I do agree with comment, I mean, just because Meridian Greens was not required to put that in, does not mean we automatically exempt everybody else, if our Ordinance is to put fences on those, I mean, it seems like they should put the fence up, to me, and that would be, I guess, my thoughts on that one is to have the Observation Point-would be obligated, or I don't know if that's addressed somewhere else later in here about them building a fence, and then 1.13 it seems like you could eliminate that whole thing, because, why do we need to describe what direction the sewer's going to come from, and if we're going to take the last part of those sentences out of there- De Weerd: I think those are just standard. Anderson: Okay, that's just standard language, okay, I would agree with that one. And then 1.24 seems like we could eliminate that whole language from there (inaudible) we have not voted on that Variance yet, if we remove the language here, we're not doing anything to affect the vote on that Variance, we're just taking the language out, saying that, we don't think a pathway is feasible in this particular project. Bird: I agree with you. Corrie: So, Mr. Anderson, (inaudible) at 1.24 just eliminate that. Anderson: Eliminate the whole thing. Corrie: Any other comments (inaudible) Bird: I do, on 1.3. I don't think our Ordinance-I think it's like Shari says, it recommends putting fences up where you've got open grounds. Between Meridian Greens and Observation Point is not open grounds, you've got houses backing up against houses. I think that is something that the owners between the two properties can decide themselves, whether they want to do it. Now, the west side, which is open, they might (inaudible) want to put that up on the east side. De Weerd: That's addressed later on in here. Bird: Well, 1.3 says period, around the whole thing, so you either leave it in or you take it out. De Weerd: (inaudible) 1.20. Bird: Well, how can you contradict yourself? Meridian City Council Meeting August 1, 2000 Page 32 (- ( De Weerd: Well, that was an additional recommendation by the Planning and Zoning Commission to be added to 1.20, so it was just addressing the north side. This one, only addresses the requirement along the open area sides on the southeast and west property lines. So, 1.- Bird: It don't say that. De Weerd: Yes it does, in the second line. Okay, and 1.20. Bird: Oh yes, east, west -- thafs duplication. De Weerd: This was put in there by Planning and Zoning to address the concerns of the neighbors on the north side, and that's the only thing that that addresses. 1 .20 addresses the other property lines. Bird: (inaudible) contradict themselves. It says fence along the north property line (inaudible) is required only when fences do not currently exist. Anderson: 1.3 contradicts 1.20. Bird: That's what 11m saying. So, I think we just ought to scratch 1.3. Anderson: I do too. Bird: Let 1.20 take care of it. We need to talk to Bill. Corrie: (inaudible) I think that's all we talked about. Bird: Takes us longer to make a motion than our public- De Weerd: Would of helped if the applicant would have gone by the sayings. Corrie: (inaudible) Request for Preliminary Plat? De Weerd: I think Shari has another comment. Corrie: Okay, I'm sorry, Shari. Stiles: I guess I'm still not real clear about the fencing. On that 1.20, is the applicant required to fence where there's not existing fences between Meridian Greens, or is that going to be taken out? De Weerd: No. (Jr--. Meridian City Council Meeting ~.... August 1, 2000 Page 33 (' Anderson: We're going to leave 1.20, but 1.3 contradicts what 1.20 says, 1.3 says they're not obligated to build a fence, and then 1.20 says, they are. Stiles: So, you are going to require them to put a fence next to Meridian Greens where they don't currently have a fence? De Weerd: No. Bird: No. Stiles: That is still in there in 1.20. Bird: You're right. Stiles: If you don't want that, that entire second sentence, you should strike that. Bird: That's right, on 1.20. Take the second sentence out. Corrie: Shari, are there existing fences at Meridian Greens there? Stiles: There are some, but not all the lots have been fenced, there's some open. Corrie: So, this is required then, if they don't currently exist, they have to put them in? Stiles: Right. I just wanted to be clear on what you're- Bird: We're scratching that. Anderson: There's roughly nine lots, how many of those are fenced? Roughly, half of them? Stiles: Looks like there's a vinyl fence all along here. Bird: I think the neighbors, if they want a fence between them, they can get together and put one in. Anderson: Okay, let's move on. De Weerd: I move that we instruct the City Attorney to prepare the Findings and Facts and Conclusions of Law to approve the request for Preliminary Plat, approval of 84 building lots and etc. on 40.33 acres for the proposed Timber View Subdivision/Observation Point by Victory 41, LLC, currently in an RT zone and proposed R-4 zone-with the following changes to the Planning and Zoning recommendation. Delete 1.2 and 1 .3. On 1.12 use the suggested language that the attorney offered. On 1.3 delete the last half of sentence 1 after the Ten Mile Meridian City Council Meeting August 1, 2000 Page 34 ( Service area (in that sentence there, delete sentence 2 and sentence 3 and keep the last sentence with the sewer manholes). On 1.18, after the sentence that ends adjacent to the existing gravel pit, add the suggested language by Shari Stiles and break out the last part of the paragraph where it begins a 20 ft. wide minimum landscape buffer as a new point. On 1.20, take out the second sentence, delete that, and delete 1.24. Anderson: I'll second that. Corrie: Motion made and seconded for the request for Preliminary Plat with cqrrections as stated by Council. Any further discussion? Hearing none, roll-call vote, please. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Corrie: Okay, Item No.7. Request for variance of the 1000-foot block length for proposed for proposed Timber View Subdivision. Bird: I move that we approve the variance of the 1 DOG-foot block length for proposed Timber View Subdivision/Observation Point in the proposed R-4 zone- north of Victory Road and east of Meridian Road and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Any further discussion? Hearing none, all in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: I move that we take a ten-minute recess. Item 8. Public Hearing: V AR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No. 2 by R2 Development - north of Franklin Road and west of Eagle Road: Corrie: Okay, we'll take until 9:40. Okay, we're back in business. Item No.8 is a Public Hearing: Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Busch Subdivision No.2. At this time I'll open the Public Hearing, staff comments first. Stiles: Mr. Mayor and Council, would there be any objection to addressing Item 15 with this as that's the Final Plat? (' Meridian City Council Meeting August 1, 2000 Page 35 Bird: That isn't a public hearing though, is it? Stiles: No, it's not. The conditions of the Final Plat need to reflect the decision on the variance. Bird: Variance, that's correct. Stiles: I wouldn't mind moving it to the last, since I've got that (inaudible) Corrie: Well, we have to -- Bird: We've already opened the public hearing. Corrie: We've opened the Public Hearing, so, the thing is, the variance has to be approved before the Final Plat, so, go ahead Shari. Stiles: Mr. Mayor and Council, the Request for variance is for the pressurized irrigation and the applicant has indicated that since there will not be very much landscaping in this development, they would like relief from that requirement and the fact that it's an industrial subdivision. Staff did not recommend the approval of the variance, due to the fact there will be landscaping in the development, in particular, there is a requirement for trees to be planted along the southern boundary and that was a condition of the annexation. I don't know how much they would end up having by the time this property develops, the new landscape ordinance should be in affect. That's all I have. I'm sure Mr. Miller has some comments to make. Corrie: Any questions for Shari right now. Okay, this is a Public Hearing and I invite the applicant first. Miller: Brad Miller representing R2 Development, 3084 East Lanark in Meridian. Mr. Mayor, Members of the Council, I appreciate your time this evening. Olson Busch No. 2 Subdivision is similar in nature to Lane Industrial Park in Rail Side Subdivision which are very near that area. It's an industrial subdivision, traditionally in Industrial Subdivisions the landscaping is much less intensive than it is in residential or commercial developments. We would ask that we receive the same consideration that Rail Side Subdivision and Lane Industrial Park received. The City Council did not require them to put in pressurized irrigation, they waived that requirement, and I ask that the City Council also waive the requirement for us since we'll have a minimal amount of landscaping. We will meet the requirements of the city landscaping ordinance, but it will by a minimal amou nt. Any questions? Corrie: Council, any questions? ( Meridian City Council Meeting August 1, 2000 Page 36 ( \. Bird: I have none. Corrie: How many trees are on that? Miller: How many trees are on it now? None. Corrie: Will be? Miller: I have no idea. The requirement on the southern boundaries that we put in, what's the spaceage (sic), Shari? Twenty-five feet apart? Twenty-five feet apart and the requirements that they grow' between 20 & 40 feet, and the subdivision itself is only 1 0 lots, so, it's a very small subdivision. Thank you. Corrie: Does anyone else in the public like to issue testimony on Item No.8, request for variance? De Weerd: Mr. Mayor, I would like to understand the variances a little bit more, could Shari or the City Attorney explain, you know, I guess I understood variances due to a hardship, can this be explained a little bit more in detail? Corrie: Who's going to do it? Stiles: Mr. Mayor and Council, variances are typically for a hardship, they are not to be financial in nature, it has to be because of unusual topography or those kinds of issues, or, in the case of the pressurized irrigation, if they do not have water rights for the property, in those cases they can't provide a pressurized irrigation system. The Ordinance is also very specific on what happens if they don't provide the pressurized irrigation, it gets pretty extensive, I mean, along with paying a fee for the lots, it also has language that, if they put a well on line for the city, they could-that requirement could be waived. I don't know if Gary has any thoughts on whether pressurized irrigation should be required or not, I don't know what the history has been with Rail Side Subdivision. As far as their water usage, I know that there are lots within there that they wish they did have pressurized irrigation, but, I guess staffs contention is, if there's water available to the property, they should provide the pressurized irrigation. Did that answer anything? Corrie: Is there water there available? Stiles: There is an irrigation lateral that runs along the western boundary of the property, and then, the Evans drain is what runs along the northern portion of the property. I don't know if there is any possibility of getting irrigation water from that source, but, certainly, this lateral that runs on this boundary, would have water available to the property. Meridian City Council Meeting August 1, 2000 Page 37 ( De Weerd: Shari, when those two other industrial parks, Lane Industrial Park and Rail Side, was this an Ordinance at that time, and did they have to come in and get a variance for that? Bird: Yes. Stiles: They did. Bird: Mr. Mayor, I've got a couple of questions, one for Mr. Miller, if he'd like to come back up. What is the problem Brad with putting in a pressurized system? Miller: Well, the main consideration is, it's a small subdivision, and we do not want to have an owners association, associated with the subdivision, that's one consideration. The other consideration would be, that we just don't need it for the amount of landscaping that we are going to have. I mean, we will have some lawn in there, but it'll be mainly trees and shrubs. Bird: I don't believe Gary can do this, but the drain ditch along there, you can't take pressurized irrigation out of that, I don't believe the Bureau of Water or whatever the name of it is, will allow that, on the north side. Miller: In other subdivisions that we have, the Teare Avenue Subdivision, we have two meters on each of those properties, one for the irrigation, one for the domestic, and that's worked out real well. Bird: You actually put in a pressurized system, you just use off domestic water? Miller: To the best of my knowledge, it is not a pressurized system. Bird: It's just a sprinkle by hose. Miller: Yes. Well, we have a sprinkler system there. It's not by hose, but there's two meters. Bird: That's what I mean, but you are coming off of domestic water? Miller: Correct. Bird: Okay. Corrie: Did you ask Gary a question? Bird: I asked Gary a question, I don't believe they will allow us, you know she said we had a ditch on the north, but I think a drain ditch, they will not allow you to take water out of, will they, to pressurize? Meridian City Council Meeting August 1, 2000 Page 38 ( ... Smith: Councilman Bird, Mayor, and Council, I think it depends upon the water rights downstream and whether or not the water that's in the drain -- *** End of Side 3 *** Smith: -- has rights to that water down stream. All of the waterways through the City of Meridian are considered drains by Nampa Meridian Irrigation District. None of them are classified as creeks by the district, the developers classify them as creeks for marketing purposes, but in Nampa Meridians eyes, they're all drains, and, for example, Five Mile drain that runs past the Waste Water Plant, they take water out of that down stream, but they have water rights down stream too. I can't answer your question. I just don't know on the Evans what that would be like. Nampa Meridian. I'm sure would be able to address that. Cook: My name is Richard Cook. I'm with Briggs Engineering, 1800 West Overland, and also representing the client's interest in this particular development. Regarding the water issue, I have a transmittal here from the water department, which recommends a one-point connection from the domestic water to supply water to a pressurized irrigation system for this development which is dated July 18, 2000, if that will help you in your decision. Bird: Thank you. Corrie: Any other discussion? (inaudible) public, before we close it? Anderson: Shari, the other two projects that they listed that said that they weren't required to have those in, did those go in prior to our ordinance being enacted, or.. Stiles: No. · Anderson: They were both after the fact? Stiles: Yes. Anderson: And, the reasoning is just basically because they're industrial, with very little landscaping, I mean, it seems like that ought to be, I guess, there should be an exemption, I guess, when you start talking about square footage, or the number of plants or something, because, depending on the size of the development, whether it's industrial or not, at a certain point, you're going to be using a considerable amount of irrigation water just for the landscaping. Stiles: I would say that, my guess is, they were granted that variance is the composition of the Council at that time. Meridian City Council Meeting ( August 1, 2000 Page 39 ( Anderson: Does our ordinance address anything about square footage of landscaping or anything, I mean, we ought to have some type of guideline that says, if it falls under these guidelines then, it doesnlt require a pressurized irrigation, I mean, it would seem to me. Stiles: You're right, it does need to be re worked, the entire section that deals with that pressurized irrigation, because, (inaudible) what I mentioned about putting a well on line for the city. Smith: Mr. Mayor, Council Members, Councilman Anderson, you're absolutely right, there's a significant difference between the amount of water that's required for sprinkling purposes in a residential subdivision, and you could take Meridian Greens as a good example, I mean, those are 12-14,000 square foot lots that maybe have 5,000 square foot of surface, hard surface area, and the remainder is landscaped. Very intensive demand on the water system, as compared to an industrial park, commercial subdivision, such as this, and others, that would have relatively small amount of outside water use, so, it does need to be changed, our ordinance does need to be changed to address those two very distinct differences in water usage for irrigation purposes. The other thing is that I'm finding with Nampa-Meridian Irrigation District, in terms of maintaining small individual systems, they want larger systems, like Nampa has, where they maintain their own system, but, they want large pump stations, large (inaudible) systems, multiple development being served by that pump station, and, without an owners association in a subdivision like this, it'd be very difficult to make something work like that. I don't know if that helps you any or not, I mean, the ordinance is the ordinance right now, but like Shari said, that needs to be massaged. Corrie: Any other questions, Council? Bird: I have none. Corrie: Hearing none, 1111 entertain a motion to close the Public Hearing. Bird: I move we close the Public Hearing on the Request for variance from required pressurized irrigation. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Item No.8, Request for variance from pressurized irrigation. All those in favor, say aye. MOTION CARRIED: ALL AYES Corrie: Further discussion of Council? Meridian City Council Meeting ( August 1, 2000 Page 40 ( Bird: I have none. Corrie: Hearing none, I'll entertain a motion then on the Request for Variance. Bird: I move that we have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order for the variance in favor of Olson, Busch, Subdivision No.2 by R2 Development, to be allowed to use permit utilization of the domestic water for landscaping. Anderson: Second. Corrie: Motion has been made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law with the approval of the (inaudible) variance request. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 1 O. Public Hearing: VAR 00-014 Request for a variance of the 3D-foot front yard setback required in the L-Q zone, proposing a 2D-foot front yard setback by the City of Meridian - West side of Ten Mile Road approximately ~ mile north of Cherry Lane: Corrie: Item No.9 has been removed, and we are on Item No. 10, is a Public Hearing: Request for variance of the 3D-foot front yard setback required in the L- a zone, proposing a 20-foot front yard setback by the City of Meridian-West side of Ten Mile Road approximately one-half mile north of Cherry Lane. At this time I'll open the public hearing on Item 1 D and staff report first. Stiles: Mr. Mayor and Council, the City of Meridian is the applicant on this application to allow the Fire Station to be built with less than the 30-foot required setback in this zone. It's a little hard to tell from this site plan, but, this line here would be the 48-foot setback from the centerline that's going to be taken by ACHD when they redo this roadway to a five-lane section. This is the 3D-foot setback that's required in the zone, the only portion of the building that would encroach in that 30-foot setback, would be where this entrance is, and they have a covered entry, so this is the only portion that would encroach into that setback. We did meet with the surrounding property owners, and none of them expressed any concern regarding this issue of the plan, so, we would recommend approval. Corrie: Okay, anything from the Council? I suppose we can here from the applicant, it is us. Is there anyone else in the public that would like to issue testimony at this point? That seemed easy. Okay, hearing none, any questions of Council? De Weerd: Mr. Mayor, I move that we close the public hearing. (" Meridian City Council Meeting \ August 1,2000 Page 41 (- \. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 1 0, Request for variance by the City of Meridian. Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: ALL AYES Corrie: II1I entertain a motion to -- a new variance. Anderson: Mr. Mayor, I make a motion that we approve the Request for a variance for a 30-foot front yard setback that's required in a L-O zone, and approve the 20-foot front yard set back requested by the City of Meridian for the property for the sub-station on Ten Mile and instruct the city attorney to draw up the appropriate Findings of Facts. McCandless: Second. Corrie: I heard a second down there, okay, any further discussion? Hearing none, all those in favor of the variance motion say aye. MOTION CARRIED: ALL AYES Item 11. CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C-G zone: Corrie: Item No. 11 is a Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C-G zone. Discussion on the Conditional Use Permit, Council. Stiles: Mr. Mayor, Council, this is for the property that was previously annexed into the City of Meridian. At that time it was proposed as a power mall, due to the lengthy process for approval, that project fell through and this is still being farmed, even though if is still C-G. The applicant had come before the city last year and got approval for operating there, what they call the Maize, you may have seen it in the paper or the aerial views of it showing the cow last year, I don't know what there plan is this year, but -- De W eerd: Oh, I got lost in it. Stiles: The Conditional Use Permit last year was for only one year, and what they're proposing now, is that this be a yearly approval, until such time as the property is redeveloped. Staff would recommend approval with the conditions noted in your Findings of Facts and Conclusions of Law. Meridian City Council Meeting (< August 1, 2000 Page 42 Corrie: Is the applicant here this evening? Yes, sir. Do you have any problems with the Findings, and what they're asking? Johnson: No, I do not. Corrie: Okay, is there anything else you'd like to say? Oh, I'm sorry, I didn't get your name. Johnson: My name is Sam Johnson, 14135 West (inaudible), Boise. Corrie: Thank you Sam. Any questions from Council? Bird: I have none. Corrie: Okay, thank you. De W eerd: Can I have a map this year? Corrie: It's a maze, you know, your suppose to know where you're going. De Weerd: I make the mistake of following my kids. Corrie: Okay, any further discussion on the Conditional Use Permit? Hearing none, 1111 entertain a motion for the request. De Weerd: Mr. Mayor, I move that we approve the request for Conditional Use Permit for the continued operation of cornfield maze, The Maize, by Sam Johnson, and to adopt staff comments and Planning and Zoning recommendations to have the attorney draw up the appropriate papers. Bird: Second. Corrie: Motion is made to approve the Request for Conditional Use Permit and to have the attorney draw up the Findings of Facts and Conclusions of Law in proper order, reflecting the approval. Further discussion? Hearing none, roll-call vote, Mrs. Clerk. Roll-call: Bird, aye; deWeerd, aye; Anderson, aye; McCandless, aye MOTION CARRIED: ALL AYES Item 12. CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Meridian City Council Meeting ( August 1, 2000 Page 43 Schmeckpeper currently in an OT zone at 210/214 King Street - east of First Street and south of the railroad tracks: Corrie: Item No. 12, Request for Cond itional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street-east of First Street and south of the railroad tracks. Staff, comments. Stiles: Mr. Mayor, Council, this is for a tri-plex on King Street between 2nd and 3rd, East 2nd and 3rd. At the Public Hearing for the Planning and Zoning Commission, they had made a recommendation, initially, to require a variance for the setback requirements. This is an old town application, and the standards for old town are a little confusing to all of us, because it says the setbacks would match the corresponding use. When, initially, we were talking about a 5-foot per story setback requirement, which is typically for residential subdivisions, the density proposed for this lot would require an R-40 zone, which would not have side setback requirements, and so, staff did not feel that it was necessary to go through a separate variance procedure for the setbacks. They have shown approximately 7 -feet from the property line on both sides for their open area with sidewalks, these are some views, the elevations that they have provided for the property. I believe ACHD had made some comments regarding paving of the alley, I don't know if they're still left in there, but, as you can see, with three garages, they would definitely be accessing that alley. I had a call from Kristy Richardson of the Ada Count Highway District, and apparently the commission had backed off on the paving requirement for the alley based on testimony that they would not be using the alley for-they wouldn't be required to have the alley if it's part of their parking. It would be quite an expense and quite a length that would need to be paved as these are one-way alleys. I believe their initial requirement is that they would have to come all the way from Third Street, to and through this property. This is a very dense use of the property, however, we do encourage higher density structures in the old town area. I guess the design of it, it seems a little imposing, we've got another structure in old town that kind of takes your breath away when you drive past it, down by, I think it's on Ada Street, if you'd seen that particular development. Staff would support approval of this with the recommendations of Planning and Zoning. Corrie: Any questions at this point of staff? Bird: I have none. Corrie: Brian, if you'd like to -- Schmeckpeper: Brandon Schmeckpeper, 8810 Churchill, Boise. I really don't have any comment. We are going to pave the alley. Shari: Oh, you are? Meridian City Council Meeting ( August 1, 2000 Page 44 ~.......,) ( Schmeckpeper: Yes, and other than that, if it's approved, I don't have any complaints. Bird: Recommendations and everything agreeable? Schmeckpeper: Yes. Corrie: Okay, thank you. Any other questions from Council? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the Request for a Conditional Use Permit. Bird: Mr. Mayor, I move that we approve the Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in the OT zone at 210/214 King Street-east of First Street and south of the railroad tracks and for the attorney to draw up the Findings of Facts and Conclusions of Law, Decision of Order. Corrie: Do I hear a second? De Weerd: Second. Corrie: Motion is made to have the attorney draw up the Findings of Facts and Conclusions of Law in appropriate order, with the approval of the request for the Conditional Use Permit on Item 12. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 13. CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s.f. to the existing 4,715 s.t. telephone equipment building by US West Communications currently in an OT zone - NE corner of Meridian Road and Idaho Street: Corrie: Item No. 13, a request for Conditional Use Permit for a proposed addition of 2,574 s. t. to the existing 4,715 s. f. telephone equipment building by Us West Communications currently in a OT zone at the northeast corner of Meridian Road and Idaho Street. Shari, comments. Stiles: Mr. Mayor and Council, this is for an expansion of the Us West Communications Building. It basically is across the street here surrounding the old town branch of the Meridian Library. They're proposing this addition here would basically line up with the Meridian City Library. A recommendation was (,..... Meridian City Council Meeting \ August 1, 2000 Page 45 ( made regarding the chain link fence, that they wanted a more decorative fence adjacent to this street here, and I have a note from Brad Hawkins Clark that Bob Smith, the architect, said the chain link fence will be moved closer to Meridian Road and an iron decorative gate installed, and that would be, per item, 1.12 of the recommendation to City Council on page 4. So, that would be a change to this plan, but, staff would recommend approval with the conditions stated in the recommendation to the City Council. Corrie: Any questions, comments from Council? Bird: I have none. Corrie: The applicant here this evening? Since the applicant isn't here, I don't know, I suppose the-what are they-they're going to put the vinyl fence rather than the fence they're asking? Shari: A chain link fence and then they would put a metal gate, a decorative gate. Corrie: All right, thank you. Bird: Mr. Mayor, I move that we approve the Conditional Use Permit for the proposed addition of 2,574 s.f. to the existing 4,715 s.f. telephone equipment building by US West Communications currently in the OT zone with the recommendations of 1.12 on page 4 to show that there will be a steel gate, a decorative steel gate installed and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Do I hear a second? De Weerd: Second. Corrie: Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law for the Request of a Conditional Use Permit, Item No. 13 with the approval and draw up the proper forms. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRI ED: ALL AYES Item 14. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: Meridian City Council Meeting August 1,2000 Page 46 (~--' Corrie: Okay, now 14, Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone-1530 East Commercial Avenue in the Railside Business Park. Staff, comments. Stiles: Mr. Mayor and Council, this is an application for a gymnastics facility in an I-L zone. We don't have any designation for a gymnastics facility, but it fall most closely under private schools definition which does require a Conditional Use Permit. This property is in the Rail Side Subdivision and, there was one notation made by Brad Hawkins Clark on the recommendations to the City Council on this project. Commissioner Norton had requested additional signage stating child play area, or something similar, I'm not real sure that's necessary here, but, it seems to be a good use for industrial area, it's worked well for Wings over in Boise and staff would recommend approval with the conditions noted by Planning and Zoning Commission. Corrie: Any questions? Bird: I have none. Corrie: Applicant? I think he went home. Williams: My name is Dave Williams, 4124 North West View Way, Boise, Idaho. Mayor Corrie, City Council members, I'm the owner of the subject property at 1530 East Commercial Avenue. This building and project is 800/0 complete, landscaping is in, welre ready to finish the siding. The proposed tenant improvement has been constructed under my name because I kind of liked the way this facility was going to layout. This is going to be a wonderful facility. My neighbors to the north of me are Traditional Electric, and the neighbors wife can't wait until this gymnastics goes in, we have several people who have indicated that they're thrilled that they're going to have a gymnastics karate facility that will be this close, rather than have to go to the xyz, way down in Boise. What we have done, the southern portion of this building, where you see facing East Commercial Avenue with the two ingress, egresses that south face of the building is all store front, there are no overhead doors, there will be no truck traffic in and out of that portion of the building. The back of the building, as you can see, has the overhead doors, we have eliminated three of those overhead doors that will be the back area of the gymnastics. They will have one overhead door so that they can facilitate bringing their equipment in and out. I've been told by the owners of the gymnastics who are with us this evening, Cindy Williams and Colleen Kelly that the exit to the north of the building out toward the overhead doors will be for staff only, therefore, the children and, of course, the parents will egress through the south portion of the building where the store front is, and, of course, not having the truck traffic, etc. The gymnastics will be 8,240 s. f., for a total of 18,720 s. f. in this building, they will be positioned approximately in the center of the building. At the west end of the building there's f~ Meridian City Council Meeting \. August 1, 2000 Page 47 approximately 4500 s.f. that I have leased to Wood Craft and Trim. They're a custom cabinet shop, and then I have approximately 6,000 square feet yet to be leased at the east end of the building. It appears, ('m going to have three tenants in this project. As far as parking is concerned, this was an issue that was brought up in specific comments by Planning and Zoning, and it was stated, the applicant shall verify that parking is adequate. I have 50 parking spaces, and I have space at the very back of the building, particularly since I have removed three overhead doors where I can have additional parking, and double my parking in the back area, but, even with the 50 parking spaces as has been constructed, the Wood, Craft and Trim will have a maximum of six employees, two on site maximum at any given time as the other four come in early in the morning and leave with their product and go to their jobs. The academy, the girls tell me, will have approximately six employees that would be on site at any given time, they might have a (inaudible) of eight employees, particularly when the karate classes are being taught, but they have classes that will be primarily in the evening. Some classes during the day, of course, limited staff on hand during the day, more staff of an evening, but at varying hours, depending on what classes are given, so with there six employees, six employees for Wood, Craft and Trim, I propose that the balance 6,000 square feet would I be somewhere in the neighborhood of six employees as well, taking a total of 18 parking spaces out of 50, leaving me 32 parking spaces on site and quite adequate to meet the ratio of 1-1 0 concerning the children. As for the comment made by Planning and Zoning concerning signage, I would not mind at all placing some signs in (inaudible) location, particularly the ingress, egress off of Ralston at the north of the building where we would have some truck traffic, stating, caution, children present, something of that nature, if it's necessary. I believe that the way this building has been plotted on this ground, that we won't have any problems in this area at all. The building is fire sprinklered completely, our sprinklers in place as we speak. The (inaudible) walls are also rock(inaudible), which is a fire retardant as well, and these children will be well protected. Corrie: Okay, anything else? Williams: No. Corrie: Council, questions? Bird: Mr. Williams, I take it-you said they're taking 4500 s. f. out of the center? Williams: They're taking 8,240. Bird: How many of those-the two center entries going to be there's, or just one? On the south wall, that entry and that entry.? Williams: Those two entries and then the very next one to the left. One entry will be eliminated. Meridian City Council Meeting August 1, 2000 Page 48 jr'- . \.. Bird: How many entries is going to be into that place? Williams: These two (inaudible). A total of three entries, store front entries, to the front. Bird: Six 0 doors or three 0 doors? Williams: Three D's. Bird: Is that enough for your occupancy load? Williams: And three additional exit doors, mandoors to the rear and including a 12x14 overhead door. Bird: So, they're going to be wide open in there, so that exits can be-you can get from the front to the back with no hang ups or anything. Williams: Mr. Bird, we also have out of there office reception area, we have two additional doors that go directly into the gymnastics area for rapid exit out the back. Bird: I know in some gymnastic things you can have lots of kids at the meets and stuff, and the overhead door does not work as a life safety exit, unless it's automated that- Williams: We've strategically located three exit doors, mandoors out the back of the building, and then we do have the three at the front, strategically located such, that they are available to every room. Bird: Okay, no problem. Nice addition. Corrie: Okay, any questions? I'll entertain a motion for the Request for Conditional Use Permit by Dave Williams. De Weerd: Mr. Mayor, I move that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, to approve the Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone. Bird: Second. Corrie: Motion is made and seconded to approve the Request for Conditional Use Permit by Dave Williams for Meridian Academy Gymnastics, the attorney to Meridian City Council Meeting (""' August 1, 2000 Page 49 draw up the Findings of Facts and Conclusions of Law and Decision of Order, stating of the Council's approval. Any further discussion? Anderson: Mr. Mayor, I guess, I just wanted to take the opportunity, I appreciate the fact that you guys are putting in a facility for the kids and I think that's something that Meridian needs, but I'd just kind of like to be on record that, I do have some safety concerns about putting that type of facility in in an industrial type of setting and with Woodworking on one side, and we don't know what's going on the other side, and the fact that there could be truck traffic coming in and out of those doors, in the case of emergencies, you've got them exiting, you know, those are part of your exit ways and they're not always going to exit in orderly fashions, and I think you're going to have a hard time placing and keeping the kids solely in the front of that building, so I just personally think that, I mean, it would be great if that entire building was rented out for the gymnastics facility and karate, but, I have some real reservations in just safety concerns for the kids about a mixed setting. Bird: To add to that, I agree with Ron, but I also know where the Bronco thing is- traffic is twice as (inaudible). I really question, but this should be taken care of by our building inspector. I question the life safety code exit square footage for the amount of kids that could be in there for the square foot, but I think that will be taken care of in the building process. I've got that concern of-because you can't use an overhead door as a life safety exit. I can't believe that they don't pairs of six foot doors in the front, but I'm happy to see the addition come in here. Corrie: Maybe, if you get enough kids, you can have the whole building. Any other discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE NAY Item 15. FP 00-013 Request for final plat approval of 1 0 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No.2 by Ronald VanAuker - north of Franklin Road and west of Eagle Road: Corrie: Three ayes, one no, for the record and attorney will draw up the Findings of Facts and Conclusions of Law. Item No. 15 is a Request for final plat approval of 1 0 building lots and 1 other lot on 14.39 acres for Olson & Busch Subdivision No. 2 by Ronald VanAuker. Mr. Attorney, we can go ahead and approve that and then have the approval on the Findings of Facts from Item No.8 at the next meeting and then also the approval of the final plat at that point, is that correct? Nichols: Mr. Mayor, Members of the Council, if I understand the question correctly, Item No.8 was already taken care of, and we'll prepare those and have them available for the next meeting, and the final plat doesn't require Findings of Meridian City Council Meeting (''".-. August 1, 2000 Page 50 Fact, but, the appropriate documentation, if you approve it will be ready at the same time. Corrie: I must admit I stated the question kind of awkwardly. Staff, comment on the final plat. Stiles: Mr. Mayor and Council, this is for a 10 lot industrial subdivision to be known as Olson & Busch Subdivision No.2. Hopefully you do have our comments. I didn't get them in my packet, but, we have some comments that were dated July 27,2000. Bird: What date? Stiles: July 27th. Bird: Twenty-seventh. We've got them, yes, okay. Stiles: This annexation was subject to a Development Agreement. Staff recommends that that Development Agreement be in place, if not prior to final plat approval, at least prior to signature on the final plat. We did meet with the applicant late today. I appreciate the fact that he came over and was able to go over these items with us. It seems there are not very many issues remaining, and one of them may be a little more cleared up, now that the pressurized irrigation is not required and there will not be a business owners association associated with this plat. As part of the annexation, one of the requirements and for the Preliminary Plat was that all sewer and water lines be located in a common lot. The applicant has shown a common lot or a separate lot that would have both the city sewer line and Ada County Highway District storm drainage line in it, and that is why it was increased, we asked that it be increased to the 25.5 feet, so that it all be included in a single lot. They had shown it on their plat here as having a common lot with some additional easements on either side, and that can create problems when you're talking about fencing and actual uses of that property. Bruce Freckleton and I struggled a lot about this common lot. Our initial comment was that we wanted that to be a common lot that was totally fenced off and unusable by any of the development. The applicants made a pretty convincing case that they can word the easement language, and that some kind of a deed restriction, so that, if it goes with this property here, theylll be fully aware that the city needs 24 hr. a day, seven day a week access to that lot, so that they couldn1t be building fences through it, gates through it, storing materials. It would be a good place for parking, as long as the vehicles were able to be moved and the city could get access to that. The applicant is going to pipe the Evans drain through here, that1s a lot of usable property once that is done, thafs about a 50-foot easement there, and they have indicated they will be doing that. On Item No. 6 of our general comments, about providing 5-foot wide sidewalks, the applicant is requesting that no sidewalk be required on the east side of Olson Street. This is-(inaudible) Machine is currently there, and they did not want to //...-r Meridian City Council Meeting t August 1,2000 Page 51 ( provide that sidewalk on that side. Staff would support that. Our Ordinance does require sidewalks on both sides of the street, except in cases where the lots exceed 1 00 feet, and then the Council may waive it on one side of the street. On site specific, Item No.3, we had asked for a letter of credit or cash for tiling of those ditches prior to signature on the final plat, the applicant had objected to that, and stated that that would be done-that we could tie that to the building permits, and staff has no problem with striking that letter of credit or cash requirement, as the incentive to get it done. Prior to applying for building permits is adequate, to insure that it is done. On Item No.6, note one, that we would ask that they also provide a utility easement (inaudible) around the subdivision boundary, this is a typical comment on plats. The applicant intends to provide all the utilities through a joint trench along east Lanark, and they would not need the perimeter utilities easement, and we have agreed that that would not be required. Item No. 1 0 is where we had asked that the Business Owners Association be responsible for this lot. We wouldn't want that item stricken in it's entirety, we would like it if it can be, maintained by the owner of lot 1 0, block 2, with specific language regarding the restrictions on the use of that property, be included both on that note and within the deed-upon sale of the property. It will still be covered by a blanket easement for the City of Meridian and Ada Count Highway District storm drain, and no fences, structures or trees would be allowed within the easement, and they need to indicate that that 24 hr., seven day a week access needs to be provided to those manholes, and for that same reason, the applicant objected to site specific comment no. 7, and again, if the applicant can work out appropriate language with the Public Works Department, we have no problem with that being maintained by the owner of lot 1 0, but we would like it to be a separate lot or a very definite easement, (inaudible) easement, and that they take in that full 251/2 feet. Item No. 13, we'd had a statement about the Union Pacific Railroad corridor and having that designation as a multiple use pathway in the Meridian Comprehensive Plan. We would like to see some kind of landscaping adjacent to that, even though Mr. Miller doesn1t think it will be a pathway in anyone's life time. The new landscaping Ordinance will also require landscaping on that boundary. He didn't really object to it so much, except, we went to not acceptable toward that comment to acceptable providing landscaping required is consistent with City Ordinance in effect of the time of the building permit. That was acceptable to us, as well. Item 14, we have asked for fencing of that Railroad right-of-away and no encroachment of the right-of -way, so it's not being used, and they have agreed to that provided that the chain link fence is considered acceptable for the non-combustible fence and we're not going to require rod iron. We do need to have the Development Agreement done, this was annexed back in 1996, ifs going to take you some research, but, there were some kind of odd things related to this subdivision. The neighbors, the residential neighbors to the north along Franklin Road, some of them were understandably upset about the condition of some of the existing developments in there and what *** End of Side 4 *** Meridian City Council Meeting (0)-'---. August 1, 2000 Page 52 Stiles: The Development Agreement has been lifted. That item has been dealt with, and I believe that addresses all the concerns that we had. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I have a question Shari. This is kind of off the subject, but yet it isn't. Why all the sudden we've got to have the Development Agreement here but back on the Observation Point we didn't have to have a Development Agreement. Now tell me why the difference is? Either one of them could be sold as whole. Observation Point would probably be quicker to sell that an industrial area. Why are we - why is the difference here? Is just for my own question knowledge. Stiles: Well, I agree with having the Development Agreement now for Meridian Greens because you have placed conditions on that over and above what our ordinance requires as far as you know the size of the homes, the size of the lots, and all of those things. If you are requiring something over and beyond what the ordinance requires you need to do it through a Developme~t Agreement. Same as in this case. The annexation and zoning they have very specific requirements about screening the yard and for this tree requirement along the southern boundary. Had you not required the Development Agreement you can't make that requirement. So it's only when you were asking for something - if they can't just go in there and comply with City Ordinance and don't have to do anything and over and above what City Ordinance requires then you wouldn't need a Development Agreement. I guess we didn't ask for it to be required in Meridian Greens because as far as I am concerned if you approved an R4 subdivision they could go in there with R-4 lots as long as they meet all the conditions and that would include the planning strip requirement the variance for the block length. Those are all ordinances that when you are talking about a residential subdivision you pretty much control that through the platting process to make sure they comply with the ordinances. Bird: But the Development Agreement also helps if they are sold off, doesn't it? Isn't that? Isn't that another somebody if a Developer was to get in through and then sell it off to somebody else that ensures that that person is going to develop it according to the Development Agreement? Stiles: Right, but if you didn't have the Development Agreement anybody could go in and go back and just plat it however you want it. Bird: That is what the Development Agreement is for. Stiles: Like as far as Opal Farrington, too. If you have conditions that's the only time we ask for them. Meridian City Council Meeting ("_U August 1, 2000 Page 53 (~.. ~'< Bird: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Okay, Applicant. Miller: Brad Miller representing R2 Development; 3084 E. Lanark, Meridian, Idaho. Mr. Mayor and Members of the Council, I would like to thank you for your time this evening also I would like to thank Staff for their cooperation in working with this from Shelby who provided me with City Ordinances over the fax to Gary's assistant Bruce to -- he probably wouldn't like being called you assistant to Shari. I appreciate their help in this. We've been able to navigate our way through most of the issues and Shari touched on those. The only real issues are that sidewalk on that east side of Olsen Avenue they have their parking and chain link fence there and it really won't serve any purpose to have the side walk there. Tile the ditch, we discussed that and we didn't want to do the letters of credit or cash on that the Perimeter Utility Easement that would not be necessary. The largest issue I think and I know it's been a concern with Gary Smith over a number of years is how does he preserve the integrity of his sewer easements and provide access to the manholes. There is only one manhole that is in that area and that's just south of that Evan Drain. The other manhole is in the middle of East Lanark. I would like to work with Gary and Bruce in coming up with some sort of either strengthened easement language, or deed restriction along with a note on the plat restricting parking or use of the area right around -- the manhole. One of the other ideas also was to put pipe bollards around the manhole say 1 0 foot by 1 0 foot square so that we can keep that area preserved in the unlikely even that they need to get there pumper truck in there, whatever it's called, they can have access to. So we're in full agreement with providing that the reason we didn't like the separate lots fenced in on both sides idea was it takes the land out of production it doesn't allow anyone to use it, it's going to become a weed patch. I'd rather combine it with lot No. 1 0 and have them take responsibility for it. The easements already in place to the City of Meridian we just need to provide access to that man hole is what we need to do, but we are willing to work with Gary in any way that we can in doing that and also if we do sell the lot and I would say there's probably a 50-50 chance that we will sell some of those lots Mr. VanAuker's mode of operation is to build and hold but if we do sell those lots it will be a full disclosure item up front that you cannot use that 1 0 foot by 1 0 foot area and this is an easement area you have to provide access to the City 24 hours a day seven days a week. Thank you. Corrie: Gary is that proposal meet with you approval? r,.r~- ~ . Meridian City Council Meeting ( August 1, 2000 Page 54 Smith: Mr. Mayor, Council members, I don't know the legality of a Deed Restriction but as long as we had that in place if it was a permanent fully recognizable up front requirement on the sale of a lot that a purchaser would have no problem with seeing it and accepting it, understanding it then I guess I wouldn't have a problem with that. I guess I haven't worked with it before, it has been discussed but we have never accepted or a final proposal has not been made for that type of restriction. As you know our main concern is getting access to the sewer line anytime we need to access it and this particular sewer would be draining some of Mr. VanAuker's property of the east side of Eagle Road so we want to be sure we have access to it in case there is a problem. Particularly at the man holes but secondarily we'd want to be able to get to the sewer line if we had to. Expose it, dig it up for any reason. So I guess I don't have a direct answer for you Mayor, but I think that we can probably work something out. I agree with Brad's concern about having an alley way there it's been a concern in a couple other instances where it's been fenced on both sides and it just becomes a place for weeds to blow and debris to gather and so forth, it's a maintenance issue. Corrie: Okay, thank you. Council, motions? Bird: I have none. Corrie: All right you have heard the Staff and the comments from Mr. Miller. I'm you ready for the motion to entertain (inaudible). Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Final Plat approval of ten building lots and one other of 14.39 acres at Olsen Subdivision, Olsen Bush Subdivision #2 by Ryan VanAuker, North of Franklin Road and West of Eagle Road with as Shari and Brad have stated on the general comments. No. 6 would be acceptable to the Staff as stated on the July 31, 2000, letter from Mr. Brad Miller of VanAuker. Site specifics No. 3 is acceptable to the Staff as written by Mr. Miller. No.6 is to be worked out with a Deed of Trust between Gary and the Attorney to get it in there that we have access to the manhole and that takes care of No.7. No. 13 is acceptable as long as it's consistent with City Ordinance in effect in time of building permit. No. 14 is provided with chain link, which is acceptable which Staff said was. No. 16 we took care of at an earlier deal and for the Attorney to draw up the Findings of Facts and Conclusions of Law, Decision Order and Development Agreement. Anderson: I'll second that. Meridian City Council Meeting ("'-- August 1, 2000 Page 55 ..~.. I~ i~ Corrie: Motion is made and seconded to approve the request for Final Plat with Staff comments and comments made by Mr. Bird on the ordinance - excuse me on the request and have the Attorney to draw up the proper order in reference to the Final Plat. It's a little different. I don't think there are any finding of fact on this one - Bird: No there won't be. I'm sorry. Corrie: Okay. Any further discussion? Hearing none, roll call vote. Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Item 16. Department Reports: A. City Council President - Keith Bird: 1. Discussion of Monthly Expenditures and Revenue Report by outside auditors Corrie: Okay we are at department reports. City Council, Mr. Bird. Bird: Well Mr. Mayor I'd requested that that last deal and I don't know if you and Janice have had a chance to get together regarding the month - looking into having our P&L's or Monthly Expenditures and Revenue report by outside auditors, if you've got an idea of cost yet or not. Corrie: We don't, but she's just about to finish it up though. Bird: So we should have about 15? Okay, we also I have an item to that we added to Mayor under this is the Masonic Temple lot which personally it believe is a fine asset to the City. I appreciate them letting us have lease on that lot now they have requested that we pay all the maintenance seeing how they use it little or nothing which I think if I remember right we were talking maybe 4,000 dollars a year; 4,500 dollars of something? And they would like to know if we would be interested in that. I think that it would be a shame to the citizens to downtown Meridian if we did not keep that lot and kept the maintenance on it and I would like to defer to Mr. Nichols I think he's got something to say about it. Corrie: Mr. Nichols. Nichols: Thank you Mr. Mayor, Member of the Council, the existing lease that the City had on this property is expired and the Masonic Lodge has asked that we resolve this issue. I know that Mr. Berg, Will Berg was pretty interested in getting this thing moving so we can get something done on it. What I am looking Meridian City Council Meeting (' August 1, 2000 Page 56 /" I. for is direction from the Council the old agreement is they pay half the maintenance and the City pays half. It's my understanding that they don't have too many lodge members they use it once a month and one evening and so it's used as a public parking lot during the day for employee parking to elevate some of the parking problems in downtown you can make a policy decision if you wish to basically provide this public parking for the cost of maintaining that lot. Corrie: Do we know what the cost is? That was my question this afternoon. Ugarriza: Mr. Mayor, members of the Council, I wasn't able to find that figure today as we kept missing phone calls. I'm sorry. Corrie: So we're in the ballpark of 4,500 dollars, the total? Ugarriza: I'm sorry, but I don't know. Bird: Mr. Mayor when we discussed that last two weeks ago the $4,000 - $4,500, and Gary maybe can help us, but I think we've been paying about $2,000 or something, I don't know. It's going to depend on - it might cost us $4,000 the fist year or $4,500 to get it up. There's quite a bit of work I understand that needs to be done over there, but after that it probably won't cost us that. I think that even if it cost us $5,000 dollars that's a pretty cheap parking lot for the citizen for downtown and we know that downtown Meridian needs some parking. I think this is one way we can help downtown and help our taxpayers. Corrie: I agree. I just wanted Council to kind of have a ballpark figure here. Bird: That sticks in my mind that Will had said something when he was discussing that two weeks ago, but I - $4,000 or $4,500 is what I was thinking. could be way off base, which won't be the first time. Corrie: Okay. Mr. Nichols we just need a motion. Nichols: I would prefer Mr. Mayor and members of the Council if you want to renew this lease with the City taking on the maintenance as you so direct me to prepare that document or renegotiate that deal with the Masonic Lodge and then we present it back to the Council for the Mayor to sign and Clerk to attest. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: With that I would move that we then instruct the Attorney to then draw up the appropriate contract showing that the City is will to negotiate the complete control - or the up keep on that and to come up with a contract for the Mayor to sign and the Clerk to attest. Meridian City Council Meeting ( August 1, 2000 Page 57 Anderson: Second. Corrie: Motion made and seconded. Is there further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. B. City Engineer - Gary Smith: Item 1. Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision Corrie: City Engineer Keith Smith. Smith: Thank you, Mr. Mayor. Our first item is a request for Developer Chris Williams who developed the Lansbury Land Subdivision for the City Council - or the City of Meridian to enter into a Latecomers Agreement with him to reimburse him for a share of the offsite sewer construction cost that he installed in 1993 to serve his subdivision it is also able to serve land adjacent to his subdivision and with the platting of Salisbury Lane Subdivision it prompted him to come and talk and lodge this letter with you for your approval to enter into a Latecomers Agreement. We have six, I think, building permits in hand the Building Department ready to release them for Salisbury Lane subject to finalizing latecomer fee for his request and if you allow this to take place then we would have the numbers available tomorrow to assess the building permits for Salisbury. The preliminary numbers indicate that the latecomer fee will be somewhere around 200 dollars a lot to repay a portion of the offsite sewer construction that he incurred in 1993. I can't tell you - if you are going to ask me why he waited this long, I have no idea. I'm sorry. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Now Gary maybe I should be asking Bill now we've got this latecomer fee we've got the new one in place so that they're going to be collected and paid back to this guy at a normal pace and we're not going to come ten years later and pay interest and everything like that? Smith: This particular one will happen real quick because there's only two service - there's only two pieces of property that will be served by his offsite one is being developed right at this moment, Salisbury and the other one is a long narrow pieces just on the south side of Lansbury which will go quickly also. Meridian City Council Meeting ( August 1, 2000 Page 58 (.... - (' Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we enter into a Latecomers Agreement for sewer line extended to service Lansbury Lane Subdivision with Chris Williams and for the Mayor to sign and the Clerk to attest. Corrie: Do I hear a second? Anderson: Second. Corrie: A motion is made an seconded to approve the Latecomers Agreement with Chris Williams on the Engineers request. All those in favor say aye. Oppose no. MOTION CARRIED: ALL AYES 2. 1 000 Springs Subdivision - License Agreement with NMID Smith: Thank you, Mayor and Council. Second item I have is a request to approve a License Agreement with Nampa-Meridian Irrigation District for some fencing that will be installed by the Thousand Springs Subdivision Developer around the bridge crossing of the Ridenbaugh Canal. It's a safety issue between the two subdivisions to keep foot traffic out of the canal maintenance road. The reason we are involved in it is because the property upon which the fence is to be constructed is owned by the City of Meridian. On one side of the road is one piece of property that is dedicated to us by the Developer for a future park site. I don't know if you recall that or not. It's kind of a four corners deal. This is one piece of that on the other side we have a piece of property that was dedicated to us by the Developer for a pressure buster station for a water station and that's our involvement here. I think the Bill Nichols has reviewed that agreement and I don't know if he has any comment concerning it or not. Corrie: Mr. Nichols. Nichols: Mr. Mayor, I didn't have any problems with that proposed License Agreement in that instance because it was such a very narrow issue and it simply involved a fence. It shouldn't be any problem. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the License Agreement. Anderson: Mr. Mayor. Meridian City Council Meeting (/-- August 1, 2000 Page 59 Corrie: Mr. Anderson. Anderson: I would make a motion that we authorize the Mayor to sign, the Clerk to attest for the License Agreement with Nampa-Meridian Irrigation District Thousand Springs Subdivision. Bird: Second. Corrie: Motion made and seconded to approve the License Agreement with Nampa-Meridian Irrigation District. Any further discussion? Hearing none all those in favor of the motion say aye. Oppose no. MOTION CARRIED: ALL AYES Corrie: Attorney you had on the first request you had a look of- Nichols: Well thank you, Mr. Mayor. Members of the Council, typically a Latecomers Agreement has a ten year duration and where this request is coming in this is a late Latecomers Agreement. I'm wondering Gary, we need to worry about the duration of this thing? If we can use the standard ten year deal or just make it the three years since that's what it would have been anyway, or does it make any difference on this one? Smith: Mr. Nichols, Mayor and Council, I think probably just put a ten year time on it from now even though the construction occurred in 1993. He's just requesting it now so that will be more than adequate to cover the development of those two parcels. Also we did figure 1 00 percent development in the service area rather than our standard 50 percent over that ten year period because it's such a limited area and we know it's going to develop. c. Planning & Zoning - S,hari Stiles: 1. Request for Private Road for Building East of R. C. Willey by Ronald VanAuker: Corrie: Shari. Stiles: Unfortunately, I don't have an overhead for this, but this was precipitated by the Applicant's Architect coming in and telling us that ACHD had just approved another public street. I don't know why this has been such an issue in the last six months with the Ada County Highway District but it's really getting to be a problem. So as our ordinance defines a lot as having frontage on a public street or an approved private street. I asked Mr. Miller to submit this so it could go through some kind of a process since we don't have one at this time. We would like to actually have a formal process were they'd have to submit and pay 1 0,000 dollars or whatever to get it approved. They are eligible for a building Meridian City Council Meeting ( August 1, 2000 Page 60 ( permit. This is another piece of property that requires a Development Agreement but they are eligible for the building permit on the property that is just immediately east of RC Willey's. When RC Willey's came in the site plan was approved. They were approved with what we thought at that time would be private streets since they subdivided it. They since then dedicated those streets as public streets. Mr. Miller is very aware of the requirement to go ahead and plat this property, hopefully sooner than later. This is all one piece of property there on Franklin Road and they're proposing a private road that would be in the alignment with Lanark and proposing a private street at this time it would be a dead that would also exceed or street length requirements for Dead End streets. Mr. Miller is just doing what we'd ask so at least we go through some kind of process and I would like to get on record that when we go with Ada County Highway District to quit approving streets in our city without approval. Even State Code requires them to have City Council approval. If they did this they could go ahead and do a one time split if the private road's approved they would then have frontage on the approved on the private street they would then also be eligible for another building permit on the other piece of property unless this is split when they come into Planning and Zoning Commission for a Certificate of Zoning Compliance we would expect the requirements on the entire piece of property be met. That would include the sidewalks that would include the 20 foot buffer that was required adjacent to the residential property when they came in for the annexation, tiling of the entire ditch all those issues that we need to deal with but I am assured that they will come in shortly hopefully and not another six to eight years or whatever it's taken so far but hopefully they can work with RC Willey's. They are proposing to tile the drain back there. We do have RC Willey's bond whether it's expired or not I don't know about the tiling of the rest of the ditch but that's the whole purpose for this is for Council formally either approve or not approve a private street there so that they can jump through all our hoops -- temporary private street. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Back on the ditch - I think that ditch is the one that we got from the Bureau of Land that they did not want that thing tiled. That is the one that's the drain that runs to - am I not right Gary? That's the drain that runs through there and they di9 not want that tiled? They wanted - they were afraid we were losing aquifer? Nichols: Councilman Bird, Mayor and Council, as I remember the drain the discussion on tiling that drain centered around it remaining as drain if it was tiled and so that it would have to be tiled either with a perforated pipe or a pipe with open joints, but it had to continue to function as a drain. It couldn't be solid piped and that's just from my memory and it's not real good anymore but that's what I remember. Meridian City Council Meeting (/~u_ August 1, 2000 Page 61 I ( Bird: I agree with you there and we at that point I think the Council had decided that we'd just leave it open and forget about it because it would be a real headache to get the perforated pipe and stuff in there. So I don't know why we've let other places go on back there without bonds or anything else, I don't know. Corrie: They were also concerned about that undergoing underneath Eagle Road. If they get it piped big enough (inaudible) Nichols: Yes, there was a quite a question on the diameter of the pipe that was required. Somebody was saying whether it was the district or someone else that the required pipe was a lot smaller than the pipe crossing under Eagle Road so there was a real question mark on that issue. Shari was just saying that she thought Mr. VanAuker wanted to tile that to pick up that drowns for use. Miller: Brad Miller, we have approval for Nampa-Meridian to tile the ditch from you know where our offices are on East Lanark behind the lots we own there we have a License Agreement with them now to tile that. I believe that it is designed at 60 inches in diameter. Does that sound right Gary? Dave Rolland (sic) designed that it's all approved and I can get that documentation and the design for you if that helps you, but we're thinking we would like to tile that behind the new proposed 72,000 square foot building there on the East of RC Willey's. I mean it gives us land to work with. Now there's 60 feet dedicated to - Bird: There was some government agency that Charlie Rountree when he was on the Council had -- or him or Glen. Barrel Reclamation that - ,boy they were pretty adamant that you like Gary said you're going to put perforated pipe in there and they didn't know what size it was and because they didn't want to lose the drainage part plus the aquifers. Miller: Well we're working with John Anderson and have extensively over the past five years on that issue and he seems to be up to speed on it and I 'd rather not ask the Barrel Reclamation any questions if John's going along with it. Bird: We were told - I understand Brad that Nampa Meridian didn't have complete control over that it was something to do with Federal, the Bureau. Miller: I am not asking the City Council to enter into this conspiracy with me, but- Bird: We're staying out of it. Corrie: Thank you, Mr. Miller. I appreciate it. Council? Bird: Mr. Mayor. Corrie: Mr. Bird. .r- ""-- " Meridian City Council Meeting ( August 1, 2000 Page 62 ( Bird: Shari what's your say? What do you want us to do? Approve this building? Is that what you're after? Stiles: The building is not the issue we're not approving any site plans just the private road. Bird: Just to approve the private road? That's the one that goes from Guardian onto in front of the building? Is that what you're considering a private road? Cause the other one's already been deeded. Guardian or whatever's the name of that - That's already been deeded and everything. Stiles: Well they'll still need to come back in the future to plat that because they deeded that without any City approval too but that's RC Willey's. This would be just the section that's coming off that RC Willey's road. Bird: That's what I am saying the one that comes off the new part that comes from Gad road down to the other one. This one right here. I move that we approve that private road called Lanark private and allow the building to go forward. De Weerd: I would second that, if we're just talking about a road. Corrie: Okay. Motion made and seconded to approve the private road as mentioned. Any discussion? Hearing none, all those in favor of the motion say aye. Oppose no. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor, I would like to call an executive session under State Code 672345(a) Personnel and for the Attorney to come in with us. Corrie: The motion has been made. Any second? De W eerd: Second. Corrie: We'll join to an executive session. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: We're all here. I entertain a motion to come (inaudible) Bird: Second. Meridian City Council Meeting ( August 1, 2000 Page 63 ( Corrie: Okay motion made and seconded to come out of executive session. All those in favor say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor, before we adjourn I'll make this fast and furious. First item I would like the two assessments that we've had done of the Fire Department and the Police Department to be put out for public record. I am not asking for approval of it I am just asking that they are put in the Clerks office for the public to come out to ask for and welcome to get. So with the Councils approval and with your approval I would like to see us get those readily available however many you think we would need and have them in the Clerk's office and everybody who wants them will come through the Clerk's office to get them. They don't need to be handed out at the Fire Station or the Police Station. Let the people come in. Secondly, and this goes back to the Rycof thing I think certainly didn't give me the assessment of the fire - or the Police Station the Police Department that I was expecting. I would like to see us contact the people that did the Fire Assessment they do police. They had approached us originally on the Police Department when they did the Fire and if the Council approves I would like to have them present an offer before us and for us to accept and have and come if they would like to do that. I understand that they don't have to have to have three if it is under 25,000 dollars, is that right Bill? Gordon: President or Mr. Bird, Mayor and Members of the Council, an evaluation like that is a personal service this contract I am not sure it has to be bid at all. Bird: Thank you. I didn't think it did. Well Council I don't think we need to take a vote but is everyone in agreement with that? Have the Mayor get a hold of those people and have them give us a written bid? Okay one more item then I'll let you go. This is in a form of a motion and the only reason I am doing this is I think it is only fair to the banks that give us bids on the financing of the Police Department. What we are stating here in the Agreement that we have seen whoever you have seen you chose to be the low bank in regards to how we finance it all it will say is we will work with them. I don't care if it goes out for a bond or we pay cash or how we do it. I guess if we pay cash we won't do it. With that Mr. Mayor I would like to make a motion and I thank all three banks for their time and effort getting this together but I would like to make a motion that we enter into an agreement for any financing for any type that is need however we finance with First Security Bank of Idaho for the Police Station. McCandless: I'll second. Corrie: Okay motion is made and seconded to enter into an agreement for investment banking services with the First Security Bank in reference to the Police Station. Any further discussion? Hearing none, all those in favor of the motion say aye. Oppose no. Meridian City Council Meeting (t August 1, 2000 Page 64 ( MOTION CARRIED: ALL AYES Bird: Thank you. With that I will make a motion that we adjourn. De Weerd: I second. Corrie: Motion - all approve say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11 :50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) AP ~ED: (' ( MERIDIAN CITY COUNCIL AGENDA August 1,2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll-Call : Tammy deWeerd Ron Anderson Mayor Robert Corrie Cherie McCandless Keith Bird Consent Agenda A. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by T ouchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Table to September 5,2000 B. Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park- and-Ride lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Table to September 5,2000 c. Findings of Facts and Conclusions of Law: PP 00-011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north of Ustick Road and west of Locust Grove Road: Approve D. Findings of Facts and Conclusions of Law: PP 00-012 Request for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.40 acres in an I-L zone - north side of Franklin Road west of Linder Road: Approve E. Findings of Facts and Conclusions of Law: CUP 00-029 Request for Conditional Use Permit for proposed processing of medical claims I insurance billing on property located in an R-15 zone by Sarah O'Neal - 1447 Sandalwood Drive: Approve F. Findings of Facts and Conclusions of Law: V AR 00-012 Request for Variance allowing a gravel driveway and parking lot rather than paved for August 1. 2000 Meridian City Council Agenda Page 1 Materials presented at public meetings shall become property of the Meridian City Council>t ( ( Memorial Pet Care by Larry A. Eld., DVM - 654 East King Street: Approve G. Findings of Facts and Conclusions of Law: CUP 00-030 Request for Conditional Use Permit for a proposed pet cemetery for Memorial Pet Care by Larry Eld, DVM, currently in an I-L zone at the Meridian Business Park - 654 East King Street: Approve H. Development Agreement: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R1 to R-15 for proposed Penn Station Apartments by Pangaea land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve Reaular Aaenda 1. (items moved from Consent Agenda) 2. Ordinance No. 881: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Approve 3. Ordinance No. 882: AZ 00-004 Request for annexation and zoning of 16.119 acres from R- T to C-G for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Approve 4. Continued Public Hearing: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home - northwest corner of East Pine Avenue and Adkins Way: Attorney to prepare Findings of Facts and Conclusions of Law for approval 5. Continued Public Hearing: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 6. Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LlC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian August 11 2000 Meridian City Council Agenda Page 2 Materials presented at public meetings shall become property of the Meridian City Council. (.~U ( Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 7. Continued Public Hearing: VAR 00-006 Request for variance of the 1 ,OOO-foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 8. Public Hearing: VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No. 2 by R2 Development - north of Franklin Road and west of Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 9. Public Hearing: VAC 00-006 Request for vacation along the common lot line between lots 23 and 22 of Block 1 0 - located at the Lakes at Cherry Lane No.6: Removed from agenda 10. Public Hearing: VAR 00-014 Request for a variance of the 30-foot front yard setback required in the L-Q zone, proposing a 20-foot front yard setback by the City of Meridian - West side of Ten Mile Road approximately % mile north of Cherry Lane: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C-G zone: Attorney to prepare Findings of Facts and Conclusions of Law for approval 12. CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street - east of First Street and south of the railroad tracks: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. CU P 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s.f. to the existing 4,715 s.f. telephone equipment building by US West Communications currently in an OT zone - NE corner of Meridian Road and Idaho Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval 14. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and August 1. 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shall become property of the Meridian City CounciL t (' gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: Attorney to prepare Findings of Facts and Conclusions of Law for approval 15. FP 00-013 Request for final plat approval of 1 0 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No. 2 by Ronald Van Auker - north of Franklin Road and west of Eagle Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 16. Department Reports: A. City Council President - Keith Bird: 1. Discussion of Monthly Expenditures and Revenue Report by outside auditors: Discussed B. City Engineer- Gary Smith: 1. Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision: Approve request 2. 1000 Springs Subdivision - License Agreement with NMID: Approve agreement c. Planning & Zoning - Shari Stiles: 1. Request for Private Road for Building East of R. C. Willey by Ronald Van Auker: Approve August 1. 2000 Meridian City Council Agenda Page 4 Materials presented at public meetings shall become property of the Meridian City Council. ( Meridian City Pre-Council Meetina AUQust1.2000 The special Pre-Council meeting of the Meridian City Council was called to order by City Council1s President, Keith Bird at 6:30 p.m. on Tuesday, August 1, 2000. Members present: Cherie McCandless, Ron Anderson, Tammy deWeerd, Keith Bird, absent Mayor Corrie. Others present: Bill Nichols, Share stiles, Gary Smith, Shelby Ugarr~za. Bird: 1111 call the Pre-Council Meeting to order for August 1, 2000, at 7:30 p.m. We'll start off with, Staff, have you got anything in any of these Consent Agendas that we don't have or we that we need to know about or we need to pull off? Item B. Amended Findings of Facts and Conclusions of Law: CUP 00- 032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-and-Ride lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Stiles: B, because we got a letter from Ada County Highway District that they want that to be deferred. That was a Park-and-Ride Lot, they were a little upset that conditions got chan~ed after their Public Hearing was over. So, they asked to defer that until the st , until they can maybe try to work something out with Winston. Bird: Okay, so you want that pulled? Stiles: Yes, please. Bird: Pulled and tabled until the 5th, Anderson: If they're going to work that out with Winston, why are they asking us to pull it? Bird: Shari, I can't-where's the letter at? Ugarriza: Do you have it in your packets? Bird: I did not see it, but that doesn't mean anything. Stiles: It would have just come in today. Bird: Oh, it might be in our box. Anderson: I just checked my box, it's not in there. ( Meridian City Pre-Council Meeting Aug ust 1 f 2000 Page 2 Ugarriza: Do you want me to run back and check and see if it's still sitting on the desk? deWeerd: Oh, we'll believe you. Bird: I don't think we're going to change our Findings of Fact, regardless of that. Stiles: That's what I told her, I said I didn't know that the conditions would change, she just would liked to have had an opportunity to discuss it, but, I don't know why they didn't work out those details before they entered into the purchase agreement. Bird: They can't work out anything out between Winston and them that's going to affect our findings, unless we go back to the old findings, that's what I'm getting at. Stiles: I think what their concerne9 about is that there's going to be some conditions placed on them, that even if it falls through Winston's going to expect that they have to do it, I don't know what all the issues are. Bird: Have they purchased the land? Stiles: No. Bird: Well, how could he put conditions on it if they haven't purchased the land? Stiles: Well, they have an agreement, they have a purchase agreement. Bird: I'm sure the purchase of the land is on condition of this Park-and-Ride Lot being approved by us, donlt you think, Shari? Shari: I would expect so. Bird: I don't mind, I'm like Tammy, ( don't mind pulling it, but I don't see where- and I agree with Ron, I don't see where there agreement with Winston's going to have anything to do with our Findings and Facts. Shari: I don't either, ('m just relaying what she'd requested. They were still reeling a little bit from the whole deal, 50- Bird: What do you want to do Council, do you want to pull that? Nichols: Mr. President, Members of the Council, we're speculating that what they might work out would or would not have an impact on your Findings and if waiting ( Meridian City Pre-Council Meeting Aug ust 1, 2000 Page 3 a month and ifs at the request of the applicant, I don't see the harm in doing that, it may well be that nothing changes and you want to still have the same Findings. Anderson: My question is then, do we have to advertise, going to have another Public Hearing or what's the process here, I mean, guess I'm getting a little frustrated at re-hearing cases every time we make a decision. deWeerd: Welre not re-hearing are we, we're just not going to act on the Findings until- Anderson: But, how are we going to take additional information from them without having a Public Hearing? Nichols: Well, I think all of those things are valid points, but the thing of it is, I guess, if the applicant asks for additional time, and if they come back to you and say there's an additional piece of information you did not have and we're talking about an additional piece of information you did not have, not re-hashing the same thing, then they know that it's going to require the hearing process be re- opened and all the rest of it because you can only act upon that information that's brought to you through the hearing. I mean, I realize it can cause us to do things over and over again, to look at these things and how frustrating that can be. Anderson: I guess the delay, they're going to have to live with and if they want us to hear any additional information then they're going to delay their approval even more. Bird: They're going to have to go back through them. Anderson: I guess it's their boat, if they want to do it, that's fine, guess I have no problem with pulling it. Bird: So we're going to table it to 9-5? Shari, you agreeable to that? Shari: Yes. Bird: Ron? Anderson: Yes. Bird: Tammy? deWeerd: Yes. Bird: Shari, any other Items that we need to know about? Shari: None of them on the Consent Agenda, I don't have anything. ( Meridian City Pre-Council Meeting August 1, 2000 Page 4 Item A. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Nichols: Mr. President. Shelby, has the Development Agreement been received on Touch Mark? Ugarriza: Yes. Nichols: Okay. Ugarriza: Oh no, on Touch Mark, sorry, no it hasn't. It still hasn't been received. Bird: Still not received. Anderson: Whafll we with that, we tabled that for the last two months? deWeerd: I thought we decided to just pull it until it was done. Nichols: The request by Clerk Berg was that we pull it until they get us the Development Agreement and then we put it back on the Consent Agenda. I have placed two calls to Touch Mark's attorney that 'have not been returned regarding the-what I can do is, I can send him a letter so that there's something in writing, ask him where it is, because maybe three months ago, thereabouts, they wanted to get it done, they had it-he called me saying they're trying to find it, you know, get the document to people to get it signed and then I haven't seen it. So, I can do a letter on that one, it should be pulled. Bird: Can we pull it, like you say, and put until proper paper work is in? Nichols: Technically, a motion to table should indicate the date to which it will appear again. Bird: 9-5 agreeable Council? I'm like Ron, I get frustrated about this stuff. If they don't have the courtesy to get back to our Attorney, it's-as far as 11m concerned they pull it off and let it go through the complete process again. Anything else Shelby, everything else is in order, all the-everything we need? Ugarriza: On the Consent Agenda? Yes. Bird: Gary, you got anything we need to look out for on any of these Consent Items? lr'" .~.... . ... ( . Meridian City Pre-Council Meeting August 1 t 2000 Page 5 Smith: No, sir, I don't believe so. I went through them, looked through them and I don't have anything that I can add or request. I don't know whether it's an Item that you need to discuss tonight or not, but I got a call today from Robert Glenn on that Wandals Meadow Subdivision and he was asking about the waiving of the pressure irrigation requirement because of the availability of water, and I told him that that waiving of that requirement would have to come from Council, if indeed he has a problem with it. Bird: Is that the Olson and Busch? c. Findings of Facts and Conclusions of Law: PP 00-011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north of Ustick Road and west of Locust Grove Road: Approve Smith: No sir, that's Item No. C, ifs Wanda's Meadows Subdivision. Ted Hepper's place on Ustick Road. Anderson: So, now he's wanting a Variance for it? So, he'd have to apply for it? Smith: It sounds like that's what he's going to ask for, yes sir. Correct. That's the only thing that has come up. Bird: What's the problem with the water, Gary? Smith: His concern and I guess, Nampa, Meridian, he's talked to Nampa- Meridian is that they donlt get enough water or they get a small amount of water over a seven day period or every seven days. They're on a rotation, so they don't have a continuos supply of water. In order for them to use water like that they'd probably have to have some kind of a storage structure to store the water that they receive so then they could use it over the week, and I don't know how feasible that sort of thing is, but- Bird: There's still a lot of farm ground around that development isn't there? Smith: Yes, and he asked about whether held have to put the irrigation in for future use or not, and I said, well, I donlt know, I haven't had that question asked before, but Nampa-Meridian has told him that they want to construct larger pressure systems if at all possible, so they donlt have a bunch of little systems to deal with. Shari just said and the Hollows is right next door to them that Don Campbell is doing, so they're going to have a similar situation. It may be that we need to require them to put in the distribution system that could later be connected to a large pump station that would serve a larger area of ground. ( Meridian City Pre-Council Meeting August1,2000 Page 6 ( . Bird: Kind of like you guys did out at the Cherry Lane Three, before it was up and running you at least had everything ready to go when the pump and stuff was up running. Smith: Correct, but that's a question that will come before you later. Bird: Thanks, Gary. Smith: You're welcome. Bird: Council, anything from your part on the Consent Agenda, if not we'll move on in to the Regular Agenda. Staff, you got anything in the Regular Agenda that we should be aware of? Item 6. Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Shari: Item No.6, you should have a new plat that they just submitted today. Bird: Yes, we just got that today, I believe. Item 7. Continued Public Hearing: VAR 00-006 Request for variance of the 1 ,OOO-foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Shari: On Item No.7, there's been a little bit of a problem, they've asked for a Variance on the 1 ,000 ft. block length, but they also need a Variance on that 20 ft. planting strip requirement since they're adjacent to commercial uses. They kind of submitted an addendum to it, but it has never been clear on how it's been noticed or how it's been published in the paper either, so I had a question on whether we need a separate application for that 20 ft. planting strip. Nichols: Shari, is it shown on this New Preliminary Plat? ( Meridian City Pre-Council Meeting August 1, 2000 Page 7 ( \. Shari: The 20 ft. planning strip? Nichols: Yes. Shari: No. They're requesting a variance from it, they're requesting a Variance on the 1 000 ft. block length and the planning strip. Nichols: Aren't your usual procedures that something like that they would have to apply for a Variance for each specific thing that they want to vary from the Ordinance, or include in that original Variance application each thing that they want to vary from? Shari: Well, when they submitted the application, the cover sheet of the application, which is the actual front part of the application, all they show is the 1000 ft. block length, but then they submitted-I don't even have it in my file. Bird: Did you say on the application they had the 20 ft. setback too? Shari: No, they didn't, they submitted the- Bird: They didn't, because it just says the 20 ft. block length. Shari: Right, then they submitted something- Bird: I seen something too Shari, in the packet. Shari: Oh, June 30th they submitted something that said it was a request to amend that, to include the 20 ft. planning strip, but there- Bird: Don't they have to go through a formal application when they- Shari: Well, had they done it all at one time, it probably wouldn't have been a big deal to deal with them both at the same time, but when they submitted this three months after-well, I'm not sure how long after-I was more worried about notice requirements and whether they'd actually would ever published it with that, as a Variance of the 20 ft. planning strip requirement. Tim Mussel that owns that commercial property next door is pretty concerned that they have some kind of a buffer in there and he wasn't clear from the application what they were requesting and I guess we weren't either, really. They just amended it with this letter to request additionally that the 20 ft. planning strip requirement- Bird: But, how did we publish the public notice? Shari: Probably just with the Variance on the 1 000 ft. Bird: Just the 1 000 ft. (inaudible) ( Meridian City Pre-Council Meeting August 1, 2000 Page 8 Shari: I donlt think the 20 ft. thing was ever in there, because all Wills office would cover is the cover sheet. Bird: Shelby, do you know how you published the (inaudible), if they didn't publish it, then we can't-it can't be part of it. Ugarriza: We just published it with the 1 000 ft. Bird: Okay, then the 20 ft. buffer is got to be redone. They've got to bring it through us separately. Shari: Okay. Nichols: President Bird, that would be my recommendation. They have to handle it separately, so that notice can be published and affective people can appear and testify. Bird: Okay. Item 9. Public Hearing: V AC 00-006 Request for vacation along the common lot line between lots 23 and 22 of Block 1 0 - located at the Lakes at Cherry Lane No.6: Attorney to prepare Findings of Facts and Conclusions of Law for approval Shari: And also, Item No.9 needs to be taken off the Agenda. I kind of jumped the gun, thinking that it was a slam dunker kind of deal and apparently it wasn't at Planning and Zoning. Planning and Zoning, I think tabled it a couple times, so far. All it is, is someone wanting to vacate the utilities (inaudible) so they can build a house on two lots, and it requires intense study apparently. Bird: Is that the ground next to, out by the golf course? Shari: Yes, well, no this is the one that's in the Ten Mile -It would be at the Southwest corner of that little senior development, right next to the Fire Station site. Bird: Okay, that's different. How long do we need to table it to? Shari: Well, we'll have to re-notice because it- Nichols: We donlt have recommendations on that yet do we? Shari: Right. I:: \ Meridian City Pre-Council Meeting August 1 f 2000 Page 9 I~".. f' \. Nichols: So, it's not properly before the Council period, so it's really not a matter to be tabled or anything, just re-noticed. Shari: No, it'll have to be re-noticed completely. Bird: So, we just take it off? Shari : Take it off. deWeerd: Was there public that came against it? Shari: No. deWeerd: So, people aren't going go show up here tonight? Shari: Well, there were people that went to the Meridian Fire Station, that open house they had about the new site that were worried about that, they want Ron Lesley to get the building permit and get it built, that's all they're worried about, so they were going to come in support of it. I told them that we didn't do it right, so we're going to have to re-do it. deWeerd: Okay. Bird: Okay, so it's just taken off the Agenda. Anything else? Shari? Shari: Oh, I did get response today from Van Aucker on the Olson and Busch Subdivision. We have most of the issues straightened out, there's really only one issue remaining. I didn't get you copies of those yet, of their response, so I need to do that before your meeting. Bird: Okay, that's on Item 15? Shari: Yes. deWeerd: What about 15? Bird: She's got some responses that she got today that she'll give to us before the meeting. Is that all Shari for you? Shari: That's it. Bird: Gary, you got anything on the Regular? Smith: No, I don't, Mr. President. Bird: Shelby, do you have anything that we need to have a heads up on? o( E \. Meridian City Pre-Council Meeting August 1,2000 Page 1 0 /0 \, Ugarriza: No, we don't. Bird: Mr. Attorney. 16. Department Reports: A. City Council President - Keith Bird: 1. Masonic Lodge Parking Lot Lease Renewal Nichols: Just one thing on-short discussion item on the Masonic Lodge parking lot that's used as a Public Parking Lot during the day. The City has had an agreement for that and has split the maintenance's request now by the Masonic Lodge that the City assume all maintenance of that lot since they hardly ever use it and so it should be discussed so that we know how to prepare the lease. The existing lease has expired. Bird: Council, with your permission, I'll put that under A-2 on Department of Reports. Council, agreement. deWeerd: Fine with me. Bird: Mrs. McCandless, do you have anything? McCandless: No. Bird: Mr. Anderson? Anderson: No. Bird: Mrs. deWeerd? deWeerd: Itls always scary asking that. Bird: I give you the last spot. deWeerd: I had Will stick in everyone's box a copy of the Master Pathway Agreement. This is an agreement that Nampa-Meridian Irrigation District is recommending to each of the communities that it deals with and for compass, welre to bring it back to our cities and get comments, so that at the August compass meeting, we can have discussion on the feelings by the different municipalities to any feedback, so, if at some time, maybe in Pre-Council at our next meeting if you have any comments, we can discuss it at that point. I have asked Bill to revue it from the City's standpoint. This is very important, I also (' Meridian City Pre-Council Meeting August 1 , 2000 Page 11 (~,n think it will have some affects on our Five Mile Creek Pathway, so, if you'll take a careful look at it, I'd really appreciate it. Bird: When I read through it, it's not -hels going to have to interpret it for me. deWeerd: Just one other thing and we have the meeting set from Mayor Corrie, he gave us a memo that it has been set for August 17, if that works for all of us. Bird: At the ACHD, yes. deWeerd: Is it there or here? (inaudible) tour our city, I think it said. Bird: Is that agreeable to everybody, the 17th? Anderson: I will not be arriving home until the evening of the 17th because I'm in Phoenix that day, so, but, whatever you guys want to do. It's not essential that I'm there, you can fill me in, because I know it's hard to set meeting with them. Bird: That's fine with me, the 17th. Shari, Tammy, so, we'll let Mayor know tonight and he can get it set up. deWeerd: If anyone has specific Agenda Items, do we get those to- Bird: Get those to Will, or to Shelby and she'll get them to the Mayor and weill get it taken care of. deWeerd: Okay. Those are my two items. Bird: Mr. Nichols. Nichols: President Bird, Members of the Council, I've been asked to review a Investment Banking Services Agreement, which I referred to Mr. Rick Skinner for his review, so if you want to consider that tonight, that needs to be put in under Department of Reports so you can receive what I learn from him-this would be pertaining to a Police Station Financing if you want to do that. Bird: Would you recommend that we go into an Executive Session first to discuss some stuff? Nichols: If there are items that relate to personnel as it relates to this particular issue then that would be appropriate for Executive Session. Bird: Okay, I think we'll do that, if that's agreeable? deWeerd: That's fine. · Oh, Mr. President, one more thing, in looking at the information that our City Attorney gave us on the case that recently was decided (' Meridian City Pre-Council Met:lmg August 1,2000 Page 12 (/ on in Boise that affects outside testimony and that sort of thing, I think, if Mr. Nichols has anything further he wants to elaborate on that, but also, as I understand that on the 15th, we have 19 Public Hearings, if we can get a better understanding if application is denied, what exactly we need to do in our motion so that we do it right, so we don't keep having to recall the dead on these applications. Bird: I think-Shari did not get a book, but there's a book floating around here that Mr. (inaudible) made up for us, that is very, very helpful, and I will get you-each one, could you get each one of them a copy? Ron and I, 1111 guarantee you the first year, I had to sit and (inaudible) him every time I made a motion, I looked at it, because it tells you exactly how to go through it. deWeerd: I know we haven't been very specific on when we deny an application, we have to tell them what they need to do to make the application acceptable, or thatls my understanding of it. Nichols: Councilwoman deWeerd, President, Members of the Council, therels a specific State Statue, which specifically says that whenever a governing board or zoning or Planning and Zoning Commission grants or denies a permit, it shall specify the Ordinance and Standard's used in evaluating the application, which is what we put in the Findings, the reasons for approval or denial and the actions, if any, that the applicant could take to obtain a permit. So with regard to a denial, thafs what the applicant1s are specifically asking, is what it would take to overcome the objections that led to a denial. Bird: Where do we put them, are they in the Findings and Facts? As we make our motion, do we need that in there, because one person that's making a motion, but it might be two or three of us that's got different reasons for denying or accepting, so, how do we do that? Nichols: Well, President Bird, I would recommend that if you have-it may take more debate than what we are us to with regard to a denial to settle upon what those things are that everyone can agree upon would allow a development to be approved, but it would be my preference, since itls our office that puts those things together, that yould be as specific as you can, you know, either in a motion or an explanation which is agreed upon by those in the majority with regard to what would need to be done in order for it to be approved, so that we can factor that in to the written Findings, Conclusions and Decisions in order that we put together. Bird: Mr. Nichols, would that be-best way maybe we could do that, as we give our vote that we could have our explanation if we were in denial of it, so that it is on tape, would that be the best- ( Meridian City Pre-Council Meeting Aug ust 1, 2000 Page 13 (" ~ Nichols: Anything that you can do to make it clearer what it would take to get approval, whether it be in your discussion, I'm fumbling here a little bit, because I'm not-I mean I know a way a court and a (inaudible) court goes through this process of determining whether to approve an appeal or not, and they basically sit around and they discuss it and then somebody writes a majority opinion and then that floats around and people write concurring opinions and descending opinions, we don't have the time and the applicants donlt have the time to do that and I don't propose that you do that sort of thing, but if there's specific things that a Council member that's opposed to an application would say, "if they were to do this, I would vote the other way:' Then, if those that also voted with the denial would agree with that point, then I can make good enough notes, we can refer back to the minutes, when necessary, and we can put it all together in the documents. Bird: Mr. Anderson. Anderson: I guess, that sounds fairly simple, but when it gets to the issues, I mean, when I think of some of the past projects, it's not as simple as just saying, if they did this, and then you get into a whole can of worms about debating back and forth about, well, maybe I canlt do that, but I could do this, instead, will this suffice, and I just feel like that whole process that you're describing is going to get us into more of a can of worms about debating all the particu'lars about a particular project with the applicant and I'm not sure that's the best direction to go. I feel for you, but I kind of thought that was the Findings of Fact was all the testimony that we're hearing and the things that come out got the denial, I'm not sure that I feel real comfortably trying put all the specifics exactly why you-what you-I guess I could state pretty easy the reasons why I deny it, but I couldn't state what you need to do to make it, the passable project, that would be much harder for me to do. Nichols: Well, I guess what we should try to do, Councilman Anderson, is see if there are some specific things for a denial- Anderson: If you just took the general thing and said, well, I think it's going to be to much traffic in that area, I mean, that, to me, is a good reason for denial, but I'm not going to tell them, if you do this, this, this and this, that that'll eliminate the traffic problems. Nichols: Well, I guess you could say, that if the highway (inaudible) structure surrounding the project were upgraded to handle the projected traffic load that the evidence indicates, then I would approve this project or something, then I could put in the Findings, a specific Finding that the traffic impact is X in the Decision of Order, somewhere in there we'd put in there, in order to get approval, the applicant would have to-there would have to be sufficient highway (inaudible) structure in place to do X, that way the applicant would know what it would take to get approval. I'm not saying that you say they have to build the road or they ( Meridian City Pre-Council Meeting August 11 2000 Page 14 ./ ( have to wait until ACHD builds the road, but basically you're saying, in that circumstance, there has to be a road sufficient to handle this traffic. Anderson: But then, to me, you open yourself up to the argument, I mean, you can hire you an expert that will say anything, when you say something like that then the developer goes out, hires an expert that they're paying for, that comes back and tells you, that road meets the requirements for the traffic flow thafs on it today. I donlt know, I just feel like you're really opening yourself up- Nichols: Okay, but understand that the process it goes through after the denial and after the Findings and Fact and the Decision of Order is entered, is then, anybody that opposes the project or opposes the decision of the Council, whichever it is, has 28 days to file in district court a request for judicial review. The standard in the Request for Judicial Review is, first of all, all the judge looks at is what's in the record, not what some expert might say later, but what's in this specific record with regard to traffic counts and so forth, and as long as there is, what they call substantial evidence, which is, some evidence on the point which, if believed, is sufficient to carry that conclusion; you know there is an ACHD report that says, this is what the traffic count would be or this is the load level now or ies two lane and it'd have to be four lane, .if there1s anything in there you point to that's evidence, then the decision is upheld and they don't come into the district court with their experts, their traffic studies, they don't do that at that stage. Does that help any? Anderson: A little bit; it helps me understand, at least, their appeal process, so I feel better about that. Nichols: Okay. President Bird: I don't know if any of the rest of you read it in the paper this morning, but, I read in this morning1s paper, the Statesman had our workshop for our budget advertising that it was today, and so you may announce that is indeed not today and is tomorrow, because, I think therels a couple ladies that are here, probably for that, but- Bird: And it is going to be a public workshop, it's not going to be a public hearing? deWeerd: That was clear in the paper. They had all the right information, just the wrong day. Bird: Shari, did you have something to say (inaudible) Shari: Yes, I did, relating to what we were talking about before, maybe ifs not appropriate to say it here, but we are re-hearing Valeri Heights on the 15th? /"" ( Meridian City Pre-Council Meeting August 1 J 2000 Page 15 ( Bird: Yes. Shari: I wonder if it's a good idea to do it while Ron is gone. Bird: I donlt think ifs fair to Ron to do that. Anderson: Oh, I think itls fair. Bird: Tammy and I wouldn't mind it. Shari, I have to agree with you, I think that he was, he was I'd have to agree with you, probably, you and him were the denials, and I think that it's only fair that when we re-hear it that all four of us are here that voted on it originally. deWeerd: Has it been noticed? Nichols: Mr. President, Members of the Council, it's been noticed, but I would say this, just because you hear it on the 15th, doesn't mean you have to make the decision at that time, and the minutes would be available to Councilman Anderson to review, which would have all of the testimony in it, and so you could defer the decision until after, basically when you have a full Council. Sorry. deWeerd: When did you know about this? Anderson: I told the Mayor last week, I just learned about it last week. Bird: Where are you going? Anderson: Phoenix. You on a vacation again? Bird: Anyway, anything else? If anybody here is expecting a workshop, that was a misprint, that is tomorrow night at 5:30 for the workshop. deWeerd: Why are you announcing it to an empty room? Bird: They're out there. Shari: Well, they're out there. Bird: Woman (inaudible) asked me to. Anybody got anything got anything else for Pre-Council? If not, lid entertain a motion to adjourn it. Anderson: So moved. ( \ Meridian City Pre-Council Mecung Aug ust 1 , 2000 Page 16 McCandless: Second. Bird: All in favor? MOTION CARRIED: ALL AYES Bird: Weill be back at 7:30, hopefully the Mayor will be here. MEETING ADJOURNED AT 7:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE: ATTEST: %". ILLIAM G. BERG, JR., t WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F~ GIGRAY, 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 R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288,2499 FAX (208) 288~2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~0247 TEL (208) 466~9272 FAX (208) 466..4405 Email viaInternet@wfg@wppmg.com · ALSO ADMlTIED IN OR ..ALSO ADMITrED IN WA PLEASE REPLY TO MERIDIAN OFFICE JU11e 12,2000 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: RESOLUTION BUSINESS PARICAZ-OO-004 / ANNEXATION AND ZONING ORDINANCE (C-N) Dear Will: Please fi11d enclosed the above ordinance for the annexation and zoning for Overland, L.L.C. Please place this ordinance on the City Cou11cil agenda. This ordinance should not be passed until the Findings of Fact and ConclusiollS of Law and Decision and Order Granti11g Application for A11nexatiol1 and Zoning are adopted. Additionally, I did 110t include any of the COllditions of development set forth in part 3 of the Decision and Order, due to the fact that it is illY opinion that annexation and zoning ordinances should not contain conditions other than a referel1ce to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the lal1guage in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the plan11ed unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their C011sideration of these Fil1dings and Ordinance. ~/: If you have any questions arise, please advise. lllsg\Z:\Work\M\Meridian I 5360M\Resolution Business Park AZ RZ CUP PP\Cler~ on Ord .Ltr ( \. r t July 24,2000 AZ 00-004 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT G.L. Voigt / Overland 16, LLC ITEM NO. 3 REQUEST Ordinance: Annexation and zoning of 16.119 acres from R-T to C-G for proposed Resolution Business park - south of Overland Road and east of Locust Grove Road Stonehenge Way 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Ordinance .... . {V~S:~ , INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. Q~V!q Nr\VARRO \\ ~ :J ! S f:. I : 0:', f~ 0 ,\ ~ .2nn J JA 2 5 P 11 I: 2 7 · (r,;ORDED" REQUEST OF FEE 101006469 ~J1ErltDlAN C\TY This sheet has been added to document to accommodate recording information. 38) ~ e. ""-~ ~ tG- ~Ll31\.- /ku\t'''L e <I\:t D r r\ ~ ~ c'- "'- rv f X ~ I 200n A U lOP 11 I: 2 5 cr:._.--J~ECOROED" REQUEST OF ~. FEE DEPUTY , 100063003 ;'.Ot~ COUNTY RECORDER . ,J. D;\V~D NAV,o,HRO G :; : ~~: E, I 0 f~ H 0 ~m1AN errv CITY OF MERIDIAN ORDINANCE NO. '0 e , AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS ORADJACENT 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 MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); 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 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: ANNEXATION AND ZONING ORDINANCE (AZ-OO-Ol1) - 1 ;;:.-. ~...... .. r A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Ra11ge 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COlnme11cing at the northeast corner of said Section 7; thence 500000'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence 589042'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No.2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence NOoo05'OO" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No.2 to the Real Point of Beginning; Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No.2; N30008'OO" W, 94.00 feet; N43018'00" W, 66.00 feet; N49022'OO" W, 131.00 feet; N32038'OO" 'W, 73.70 feet; N21 022'OO"W, .114.70 feet; N29021'OO" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision.No. 2 and Danbury Fair Subdivision No.1, as shown on the official plat thereof on file in 0e office of the Ada County Recorder, to the southeasterly right-of-way of Stonehenge Way. Thence N64018'04" E, 276.29 feet; Thence NOo037'28" W, 52.48 feet; Thence N71 015'21" E, 8.16 feet; Thence N83002'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-OO-Oll) - 2 Thence N84017'21" E, 69.30 feet; Thence 500000'32" W, 536.16 feet; Thence 589036'07" W, 10.25 feet; Thence SO 1 021'45" W, 164.30 feet to the Real Point of Beginning. Comprising.3.179 acres, more or less. Subject to e~sements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers 51107110110 and 51107110200. SECTION 2: That the above-described real property be, and the same is hereby an.nexed 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 9f Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15). SECTION 4: That the City Engineer is hereby directed to alter all use and area m~ps as well as the official zoning Inaps, comprehensive plan and all official maps depicting th;e boundaries of the City of Meridian in accordance with this ordinance. , SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and bet~een the City of Meridian and the owner of the land described in Section I ANNEXATION AND ZONING ORDINANCE (AZ-OO-Oll) - 3 dated the [2rr day of ~<fJ u..~ f, 2000, and that the uses are to be developed under the planned unit development process and conditional use pennit 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. ANNEXATION AND ZONING ORDINANCE (AZ-OO-Oll) - 4 ( SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designatil1g 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 ~63- 2215 and ~50-223. I~r PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /4 day of !httfJuSf ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I~{- day of fh{qJ/LLJ 1-' ,2000. ANNEXATION AND ZONING ORDINANCE (AZ-OO-Oll) - 5 STATE OF IDAHO,) ss. County of Ada. ) ~ On this I day of , 2000, before me, the undersigned, a Notary Public in and f9Jh~~d~~ttt~~onally appeared ROBERT D. CORRIE and \-4J1[L1."1-:1 G. B~ I JR-., rntwn f:1; me to be the Mayor and City CIerI, 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 my hand and affIXed Iny official seal the day and year first above written. ,t' ........., .... .'" ........ '\) ~ 0 V 11/i ~#... ~.. ",t ~ ......... <. ~ ~" 4r A.2 ~ . -. "'A.. ~ ,: ~ "'.. : ~ y " (s~i. +o'tAltl' , . . . ,.... * = : ~: \ * J>UB~"\. I ~ .....~ ~ ~ ~ ft. . ' ..- ~T $ ..... v.,., .......:'\> ~ ~~ ~###. ~ l'B 011 '\ ,,..... .... ,.' .........", NOTARY PUBLIC FOR IDAHO RESIDING AT: Yl~~ MY COMMISSION EXPIRES: /;:'t)~tJi/ MSG\Z:\Work\M\Meridian 15360M\Penn Station AZ &CUP\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ-OO-Ol1) - 6 I ( ( 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 5 ~ e-i b L{ U <1 (i:rl\ z.. C>-/ I, \\lJLLL\1vl C:. ll-ER:G, JR., City Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No.lli, passed by the City Council of the City of Meridian, on the -1 ~ day of ~tst , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerl( of the City of Meridian. STATE OF IDAHO, ss. County of Ada, Si- ~ this / day of L/ A , in the year 2000, before me, ~. &. ~/~) ,a Notary P~bli~.'J~peared -WfLLL\l\'l C. D[RG, JR., known or identified to me to be the CitY'C"l~rl( of the City Sh..1.hu uq Ct.r \^ , ,~ 01 M~rldla~, Ida.no that executed the said instrument, and aclG10wledged to me that he executed: the same on behalf of the City of Meridian. ."........" ... OVB '-. ,,~ ~ I- .#~ ..,.... ~ ~ ~... <-./'A... ~~ ~ "" ... ~y , ~, . ~ (sEAt~ /- . o-tAk~ ~ \ ., . ~.. : : . 11II'- ,. . e . .. '\....,: = \ . \ pU"6Y .I.~ i '* ___. . 'T_ ~ --w. .- "" ' ..#~ .pI' ......... \.'" ~,:t msg\Z:\WOrl~~tT(EnQ~~(l0-~enn Station AZ & CUP\CertificationOfClerkOrd ,'.......", ~ .v Notary Public for Idaho Commission Expires: //- JJ.-, 4'1 , CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 11 · 1 CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected ClerIc of the City of Meridia11, 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 C;:ity, I am the custodian of its records and minutes and do hereby certify that on the Ibr day of I'lutfurJ-- ,2000, 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", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. 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 CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marl(ed 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 Clerl( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. . WILL G. BERG, CITY CLERI( STATE OF IDAHO, ) : ss. County of Ada, ) : S'...I- On this / day of , in the year 2000, before me, ~ , a Notary Public, appeared WILLWvi ;fu/lb"f ~ ,C. BERC, JR., lmown or identified to me to be the Ci~~t~ of the City of u~~r-(.\tJoJ Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. . ,"'.'............- ~"" \). 0 V Bli.(, -~ It....~,., ..........~..",.. " (SEAL) !~:... O~Akt" ~ \ :~: ~ l~: : . ~." : :, v..: .. ~:\ . \ ic.. pul> Y ..1t~ S ~.. ..c 'T ~ Z:\W ork\M\M~~'!iIQ4q~~~tton AZ & CUP\CertofClerk ~#..# .tf l'E 0 ~ "\ .~,,,,, ~.",......."", Notary Public for Idaho Commission Expires: /~ (J~ # (j V / Certificate of Clerl( (AZ-OO-O 11) - 2 of 2 ( July 24, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Sarah OINeol August 11 2000 ITEM NO. CUP 00-029 E REQUEST Findings: CUP for proposed processing of medical claims / insurance billing on property in an R-15 zone - 1447 Sandalwood Drive 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached Findings Date: 1(~{ffO Phone: ~~~-'D81~ Materials presented at public meetings shall become property of the City of Meridian. ( interoffice MEMORANDUM f ECEIVE ~ J/Jl 26 2000 CITY r:l ER"K RID/AN - OFFICE To: William G. Berg, Jr. From: William F. Nich Subject: SARAH O'NEAL File No.: CUP-OO-029 Date: July 19,2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their July 18,2000, meeting. The Findings will be on the Council's agenda for their August 1, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msgJZ:\ W ork\M\Meridian 15360 M\O'N eal Sarah CUP02 9\ClkLtrCUPffcls&Order2 9 ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HOME OCCUPATION TO PROCESS MEDICAL CLAIMS AND BILL INSURANCE COMPANIES FROM PERSONAL HOME ZONED R-15, LOCATED AT 1447 SANDALWOOD DRIVE, MERIDIAN, IDAHO SARAH O'NEAL, APPLICANT. 07-19-00 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 18,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Sarah 0' Neal, and no one. appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Reconunendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - I matter, the City Council hereby malces the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 18,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel< before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 18, 2000, public hearing; and the applicant, affected property owners, and govemmentsubdivisions 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 ~67-6509, 6512, and Meridian City Code 99 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP..OO..029) - 2 ( 3. ~is proposed development request is in Meridian ( R-15), by reason of the provisions of the Meridian City Code S 11-1 7 -4, a public hearing was required before the City Council on this application. 4. The property is located at 1447 Sandalwood Drive, Meridian, Idaho. 5. The owner of record of the subject property is Robert V. Hayden of Meridian. 6. Applicant is Sarah 0' Neal of 1447 Sandalwood Drive, Meridian. 7. . The subject property is currently zoned R-15. The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2E. 8. The proposed application requests a conditional use permit for a business to process medical claims and bill insurance companies and patients from home. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH OJNEAL / (CUP-OO-029) - 3 ( Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning Staff as follows: 12.1 No employees shall be permitted other than members of the family residing on the premises. 12.2 The home occupation shall not require more than 25% of the floor area of the dwelling. 12 .3 No significant traffic shall be generated by the home occupation. 12.4 No equipment or processes shall be used which create noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses outside the dwelling unit. 12.5 In no way shall the appearance of the residence be altered in a manner which would cause it to differ from its residential character . No signage shall be allowed. 12.6, Violation of any of the above conditions shall be cause to revol(e the Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 4 ( 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian COlnprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the uGeneralized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. . The uses proposed within the subject application will be served adequately by central public facilities and selVices such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 5 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the ttLocal Land Use Planning Act of I 975" hereinafter referred to for convenience as the UAct" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the UAct" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 wh.ich' the City Council of the City of Meridian has established by the passage of the HCity of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othervvise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian. has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and" that the proposed development: (Meridian City Code 9 11-1 7 -3 ) a. Will, in fact, constitute a conditional use as detennined by City policy; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 6 (' b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. . Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smolce, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in an Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 7 "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that COl1ditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. " 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1 7 - 6 ) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. · Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 8 ( F. Require the provision for on-site public facilities or services; and G. . Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for home occupation to process medical claims and bill insurance companies from personal home, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning Staff as follows: 1.1 No employees shall be permitted other than members of the family residing on the premises. 1.2 . The home occupation shall not require more than 25% of the floor area of . the dwelling. 1.3 No significant traffic shall be generated by the home occupation. 1.4 No equipment or processes shall be used which create noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses outside the dwelling unit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 9 1.5 In no way shall the appearance of the residence be altered in a manner which would cause it to differ from its residential character. No signage shall be allowed. 1. 6 Violation of any of the above conditions shall be cause to revol<e the Conditional Use Permit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use pennit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Warks Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of.the conditional use permit 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 10 ( By action of the City Council at its regular meeting held on the I &r day of 1- ,2000. l ROLL CALL: COUNCILMAN RON ANDERSON VOTED tu{~ COUNCILPERSON I<EITH BIRD VOTED O-tfl?- COUNCILWOMAN TAMMY deWEERD VOTED {LlfL- COUNCILWOMAN CHERIE McCANDLESS VOTED av~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: MOTION:, APPRO DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Dated: CJ;,,{ --00 msglZ:\Work\M\Meridian 15360M\O'Neal Sarah CUP029\CUPFindings29 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY SARAH O'NEAL / (CUP-OO-029) - 11 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) SARAH O'NEAL FOR CONDITIONAL USE ) PERMIT FOR HOME OCCUPATION TO ) PROCESS MEDICAL CLAIMS AND BILL ) INSURANCE COMPANIES FROM PERSONAL ) HOME ZONED R-15, LOCATED AT 1447 ) SANDALWOOD DRIVE, MERIDIAN, IDAHO ) ) ) 07-19-00 CASE NO. CUP-OO-029 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code S 11-17 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council tal<es the following action: 1. That the Applicant of the property is granted a conditional use permit for home occupation to process medical claims and bill insurance companies from personal home, the proposed application request of a conditional use permit for the construction, development, maintenance and use for home occupation to process medical claims and bill insurance companies from personal home, as described in the Vicinity Map and accolnpanying hand drawn sl<etches, attached hereto as Exhibit uA", and consisting of four pages, for the development of the aforementioned use for a home use .for home occupation to process medical claims and bill insurance companies from personal home, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 3 BY SARAH O'NEAL / CUP-OO-029 (~ ( ??7 ??NE. . E.D. L. ...EGAL.. ? ???? ... ... ..... 2. That the above named applicant is granted a conditional use permit for home occupation to process medical claims and bill insurance companies from personal home, located at 1447 Sandalwood Drive, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning Staff as follows: 2.1 No employees shall be permitted other than members of the family residing on the premises. 2.2 The home occupation shall not require more than 25% of the floor area of the dwelling. 2 .3 No significant traffic shall be generated by the home occupation. 2.4 No equipment or processes shall be used which create noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses outside the dwelling unit. 2.5 In no way shall the appearance of the residence be altered in a manner which would cause it to differ from its residential character. No signage shall be allowed. 2.6 Violation of any of the above conditions shall be cause to revol(e the Conditional Use Permit. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-1 7 -8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 3 BY SARAH O'NEAL / CUP-OO-029 (- \. ( By action of the City Council at its regular meeting held on the , 2000. day of Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department and City Attorney. By: City Clerk Dated: msg/Z:\ W ork\M.\Meridian 15360M\O'Neal Sarah CUP029\CUPOrder29 ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 3 BY SARAH O'NEAL / CUP-OO-029 ~'" o ' 3: > 0) " c " 0 0 - z m CD > 0 r- 0 <I -- ~ f2~ z~ ..:. -~ N ~~ 0 0 . .." 3:cn CD m >> ... -Cz C > r- ~ 0 0 C C " . , Ill) 1.-~ ../T o en tr1 l:iWJ,'b,..j ''/1'' / 7. ---- JJ - - -- , .--.--- --~~f ----B ~I ~l --:-! .~= r;MJ ~ ~ ~ -+-~ , tt \+1- -_;_ ~L ; : I : -- J l r-----~I t . ~ - ~ .~~ I I ~ II _ It ; k~ ,j J ~ ri --- ~ e. ..-- --~ -{ J ,,~- ~D~AW-X : ~ l!J oLhouws-e-._~~ _ ~ >" I't.\ ~ ~ \' Y1 , t ! i; j I I ; i i i i .." ~ : ~ i t ~ t j ~. 1 ~ 1 ; k-S_ee ; 200 M tl&~~ i \~ 1 i ; i : ' : ~ I · ; ~o-l4Se : j ; ! : i [ ; : I i ~ ~ . ; L-- __ L_.__i L " --- ~-------..................- IFxhlhl +- /'jf'l ~ ! f;- ,.. , ~ -l~\. ~ ('" . 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'. .lP 0C(:J rVi ; i1 ~~l: r :'-.5 D>JP' MY; I fJ3-:. ~ ~~; ~ ~ ~ t\ ~ ()~ ',: ~~ c;_L P :< r-1 ~ ; 'ULJJn' t~ ~) tItn , tJ' i i I . 1----:-;- -~ 1 . ~ ! ! . ; I L:;., t. .. · h _ t./ HA I' .J...j (" ''-. July 24, 2000 V AR 00-012 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Larry A. Eld, DVM ITEM NO. F REQUEST Findings: variance allowing a gravel driveway and park:ing lot rather than paved for Memorial Pet Care - 654 East KinQ Street 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Findings INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: ') {;?V:>{ DU Phone: S81..1 (e, (P 9 Materials presented at public meetings shall become property of the City of Meridian. ( interoffice MEMORANDUM RECEIVE- JUL 2 6 2000 AN CITY r:LERK OFFICE To: William G. Berg, Jr. From: Wm. F. Nichols Subject: MEMORIAL PET CARE VARIANCE BY: LARRY ELD, DVM FILE NO.: V AR-OO-012 Date: May 18, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIAN C~, pursuant to action of the Council at their July 18, 2000, meeting. The Findings will be on the Council's agenda for August 1,2000, meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public W orles and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. msglZ:\ W ork\M\Meridian 153 60M\Memorial Pet Care\Clk V ARO 72000.Mem ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LARRY ELD, DVM, FOR A VARIANCE IN PA~NGTHED~WAYAND PARIGNG LOT FOR MEMORIAL PET CARE CEMETERY LOCATED AT 654 E. lONG STREET IN THE MERIDIAN BUSINESS PARI(, MERIDIAN, IDAHO 07 -20-00 ) ) ) ) ) ) ) ) ) VAR-OO-OI2 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 18,2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Larry Eld, DVM, and no one appeared in .opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby malce the following Findings of F act and Conclusions' of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian Page 1 of 10 FINDINGS OF FACT i\ND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ~LD, DVM / MEMORIAL PET CARE / V AR-OO-012 ;" ( and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code S ~ 67 -6509, 6516 and Meridian City Code ~S 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Lany Eld, DVM, whose address is 11 085 Thomas Drive, Boise, Idaho 83709. 4. The owner of the property is Lany Eld, DVM, whose address is 11085 Thomas Drive, Boise, Idaho 83709. 5. The location of the subject property is located in a Light Industrial zone located in the Meridian Business Park at 654 E. IGng Street, Meridian, Idaho. 6. · 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 matter, and is described as follows: A parcel of land being a portion of Block 2 of Meridian Business and Industrial Park, a subdivision, as filed for record in Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Northwest comer of said Block 2, said point being common to East 5th Avenue, Bower Street, and said Block 2; thence South 89032'46" East 347.72 feet to a point; thence North 00029'06" East 41.77 feet to a point; thence South 89033'5711 East 33.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-OI2 Page 2 of 10 thence North 00029'06" East 164.38 feet to a point; thence South 88029'01" East 546.78 feet along the Northerly boundary of said Blocl( 2 to a point; thence South 00031'11" West 291.68 feet to a point, said point being the Real Point of Beginning; thence South 00031'11 " West 82.14 feet to a point; thence North 89050'10" West 265.17 feet to a point; thellce North 00031' 11" East 82 .14 feet to a point; thence South 89050'10" East 265.17 feet to the point of beginning; Together with a non-exclusive easement for ingress and egress over the following described parcel: A parcel of land being a portion of said Blocl( 2, which parcel is more particularly described as follows: Commencing at the Northwest comer of said Block 2, said point being common to East 5th Avenue, Bower Street, and said Blocl( 2; thence South 89032'46" East 347.72 feet to a point; thence South 00031'11" West 428.28 feet to a point; thence South 89050'10" East 284.42 feet to a point, said point being the Real Point of Beginning; thence South 89050'10" East 50.00 feet to a point; thence North 10048'23" West 101.86 feet to a point; thence N ort,h 00031111" East 229.69 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-OI2 Page 3 of 10 thence North 89050'10" West 30.00 feet to a point; thence South 00031 ' 11 " West 329.69 feet to the point of beginning. 7. . The present land use of subject property is presently zoned as (I-L) Light Industrial District which has been used as a pet cremation selVice. 8. The proposed land use of subject property is to develop the subject property in the following manner: include a pet cemetery in the lawn area. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets,' proposed district and such other items as required has been furnished. 10. The Applicant seel<s a variance of the following provision of the Meridian City Code, ~ 11-13-4 D, DESIGN STANDARDS FOR OFF-STREET PARlaNG, PAVING and in the I-L zone, which provides as follows: 11-13-4 D PAVING: All open off-street parking areas shall be paved in accordance with the standards established by the City. II. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the lis~ on file with the Planning and Zoning Department. 12. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement to pave the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-OI2 Page 4 of 10 ( driveway and parking lot and to allow such areas to remain graveled. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the approximate cost of paving the area would be $25,000.00, and paving the area would increase the cost and mal(e the small pet cemetery uneconomical. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are that the driveway into the subject property from IGng Street is gravel, and Handy Trncldng's loading area is gravel and the impound yard is gravel. If the driveway and parking lot were to be paved it would result be an isolated piece of asphalt area surrounded by gravel. The gravel driveways were in place before purchase of the subject property. The current gravel driveway is comparable to the surrounding area. 15. A literal interpretation of the provisions of the ordinance. would deprive the Applicant rights because the neighboring properties have gravel driveways, impound yard and a gravel work yard. 16. The existence of special circumstances or conditions affecting the property is that there is no paving around the area and borders a gravel driveway, impound ya'~d and work yard. 17. Granting the variance would maintain rights which would be afforded to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-OI2 Page 5 of 10 others in the same situation. 18. · The Comprehensive Plan for the Old Town District is to encourage its renewal and expansion of the Historical core, to delineate a centralized activity center, medium to high density uses is encouraged, to provide mix of activities necessary to establish a truly urban city center, but adequate parl<ing and traffic flow is a concern. 19 . The variance would allow the owner to maximize the potential site in order to generate a fair return on investment. 20. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 23. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 24. The applicant paid the fee established by the City Council for application vanance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-012 Page 6 of 10 Land Use PlanrringAct 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 pennits. 2. The City of Meridian has exercised its authority of Idaho Code 9 67 -6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 11-18. 3. . That the requirements for the processing of a variance request are set forth in Idaho Code ss 67 -6509, 6516 and Meridian City Code 99 11-15-5 and 11-17 -5. 4. Application and standards for variances are set forth in Meridian City Code 9 11-18-2, and the findings which are required are set forth in Meridian City Code 9 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance With the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that malce strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELP, DVM / MEMORIAL PET CARE / V AR-00-012 Page 7 of 10 a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 9 11-13-4 D, DESIGN STANDARDS FOR OFF- STREET PARI<ING, PAVING in the I-L zone provides as follows: 11-13-4 D PAVING: All open off-street parking areas shall be paved in accordance with the standards established by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS' OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. . That the Applicant is hereby granted a variance from the paving of the Design Standards for Off-Street Parking, Paving requirements for Memorial Pet Care Cemetery in I-L, but the gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Additionally, in the future when the neighboring property owner paves its existing gravel driveways and parking areas, then the Applicant shall be required to pave his driveway and parldng lot area for Memorial Pet Care Cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-012 Page 8 of 10 ( 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Design Standards for Off-Street Parldng, Paying in the I-L Zone as provided in the Section 11-13-4 D 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 actioil of the City Council at its regular meeting held on the I s. j- day of n-LLgUJ~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED eLVe- COUNCILMAN I<EITH BIRD VOTED {LVL COUNCILPERSON TAMMY deWEERD VOTED WI t; COUNCILPERSON CHERIE McCANDLESS VOTED tXyv FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-00-012 Page 9 of 10 ( (/ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl<s Department, and the City Attorney office. By: City Clef <. Dated: . g ~(--f)O rnsg/Z:\ W ork\M\Meridian 15360M\Memorial Pet Care\FfClsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM / MEMORIAL PET CARE / V AR-OO-012 Page 10 of 10 ....... en - 0 o 11 CD en ,.. C/) ~ ~ ' ~~ , t~ .r..o o r I ~ I I i I I ! . r --..- , ~ , 1 1 i . m '0 o CD o ;0 : ..... ;1\..) o o \ '\ \ \\ 1 ,//// ~~ < : ; i I ~ Edub/r 1/71' ~-- r------ --- ~ >: :::0 :::0 -< <m -r- Oo Z -10) -<~ $:m ::t>. \J^ Z GJ (j) -I c RESOLUTION NO ~?~ BY: '~~ vUm ard Ct.hj [~ ~~ 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", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION. 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 CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar]<ed as Exhibit etA" 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 Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, entitled etDEVELOI?M'ENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, a copy of which is attached hereto mar]{ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-OO-O 11) - 1 of 2 (~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I ~r day of ~,Sr, 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Jctr" ,day of ~Sr , 2000. " ATTEST: MAYOR msglZ:\Work\M\Meridian 15360M\Penn Station AZ & CUP\Resolution Resolution (AZ-OO-O 11) - 2 of 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerk 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 Clerl( of this City, I am the custodian of its records and minutes and do hereby certify that on the I~ day of ,2000, 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 uDEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION. 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 CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, denoted as ~'DEVELOPMENT 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 COUNCIL :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 CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO 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. STATE OF IDAHO, ) : SSe County of Ada, ) On tl!is' /51-- day of , in the year 2000, before me, ,. ' a No~ J? blic, appeared "\I\,TILLINvl slu-l bL{ U\.5C\~f\3Cv B~ BRIk€i, JR., Imown or identified to me to be the CIty Cler of the City of Meridian, lc;laho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. " "...........'" ft." n. 0 V b ~#.~ .. ... tr..... V c, Ii i ~4'- ... "" v......... '<.,;,. ~ ! " ... ... ~ \ (sEI{Ij:e ~o1 Ak ~ ... \ : : ~ \: . . .~".,. ~*. ~ \. i S · '*. J"\ · "" -.. ~ e. ~ ur ~ - . '-~ ~~,:~ Z:\Work\l"#l~~i~~n:'''15360M\Penn Station AZ & CUP\CertofClerk ~##." l'B :0- ""lllii~~ :, Notary Public for Idaho Commission Expires://-o.2-- 0 V / Certificate of ClerIc (AZ-OO-O 11) - 2 of 2 ,- HECORDED - HEQUEST OF !~D!~ COUNTY RECORDER ~ /J 1 - .J~ R~tYJR NAYARRO r7~ ~.! H2-t, ~ 1 LJ,:~ f10 FEE DEPUTY ,2DDil A.Ll t 0 Pli J: 2 '5 J {)0063004 'MER'DIAN crrv · CITY OF MERIDIAN ORDINANCE NO. ~~ 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 NEIGHBORHOOD BUSINESS DISTRICT (C-N); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CrTYOF 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 land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a vvritten request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OO-004) - 1 ( ( A parcel of land including a portion of the right-of-way of Locust Grove and Overland Road, lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COlnmencing at the northwest comer of Section 20, T. 3N., R. IE., B.M., the REAL POINT OF.BEGINNING of this description; Thence S 00034' 14" W 970.53 feet along the west line of the NW 1/4 to a point; Thence N 89059'19" E 849.95 feet to a point on the centerline of the Hunter Lateral; Thence N 05029' 17" W 140.30 feet along said centerline to a point; Thence N 16014'08" W 216. 98 feet along said centerline to a point; Thence N 18027'39" W 470.81 feet along said centerline to point; Thence N 07006'04" W 175.77 feet along said centerline to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence N 89052'19" W 595.39 feet along said north line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 16.119 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby afl!lexed 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 Neighborhood Business District (C-N). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-OO-004) - 2 ( ~ "l t" \.. and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the l If;fjj day of ,2000, and that the uses are to be developed under the planned unit development process and conditional use pennit 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 froIu a11d 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 ordinance a~d a map prepared in a draftsman manner plainly and clearly designating the boul1daries 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 ~63- 2215 and ~50-223. ANNEXATION AND ZONING ORDINANCE (AZ-OO-004) - 3 (~ h ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of tSr ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of fuAfDttbt' , 2000. (~~ ATIEST: STATE OF IDAHO,) : ss. County of Ada. $"f- On this I day of ,2000, before me, the undersigned, a Notary Public in and for 'aid State, personally appeared ROBERT D. CORRIE andj~t1LL!fWI G. HERO, JR., Imown to me to be the Mayor and CiPytteiR of t;..J b '-{ ~ 4 .,. r · J If,.., the CITY of Mendian, Iaaho, and who executed the within instrument, and acl<nowledged to me that the City of Meridian executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ~he day and year first above written. ,.....HI'It. " 0 fl.. ~..., '0. V Sit >>#~ (SEAL~. ~,..~........ ~~~~ '" "r -.rr \ !~!. +o1Ak~ '\ : : _... ir . · e ~ · ; · · C 1 = \.. ~PUB~'\ .. 0 i - ....~ , ~ . .- ~T l' MSG\Z:\~ (. tPLef~~esolution Business Park AZ RZ CUP PP\AZOrd :,f<< r I:t 0-0 \"':.;, ~.,. C J: ." ~",.i....,," NOTARY PUBLIC FOR IDAHO RESIDING AT: '1tt2- MY COMMISSION E IRES:II--d;l't'~ ANNEXATION AND ZONING ORDINANCE (AZ-OO-004) - 4 (' (\.. . ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~f>~ passed by the City Council of the City of Meridian, on the J~ day of ~bf', 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerl( of the City of Meridian. STATE OF IDAHO, ss. County of Ada, ) 6ht.lk ~ (v"A. 3 ~ . -S.i-- , On this I , in the year 2000, before me, - ,.[) . ~ , a Notary Public, appeared WlLLL\1vl C. BERC, JR.,-lmown or identified to me to be the City Clerl( of the City of Meridia11, Idaho that executed the said instrument, and acknowledged to Ine that he exe~.t'1Pr,4ime on behalf of the City of Meridian. ~~.. -n. 0 V 11 b ~#~ ,fit ~ v..... ..c( ~ ~ ~~ ,:t ~ t-.... · ... '<..~~~ ~ '::'r .. .. "f" Y ~ ~ ~ .. h e. ~ : ~ I ~o1: A.n.}--.. ~ : : ~ \ir: . . .....". 1$ . :, '\( ~ : (&~~ PlTB\ " :' C i ~ ~-,.. 4 ~ ~ an .. ' t, ~ VJ'r _..",(.I!' _ Ij~~ ~##<< .if ,/,1:1 Or'- .,-..:, . ~., C t'= .".......,,' ~-, Notary Public for Idaho Commission Expires: / /- 0 ;L. - 0 y msg\Z:\W or k\IYNy1eri di an 15360M\Resolution Business Park AZ RZ CUP PP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-004 ( (rm ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RONALD W. VAN AUI<ER, FOR APPROVAL OF FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO.2, LOCATED NORTH OF FRANI<LIN ROAD AND WEST OF EAGLE ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OO-OII ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on August 1,2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Frecldeton, Engineer Technician III, listing 7 General Comments and 16 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council tal(es the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "OLSON AND BUSH SUBDIVISION NO.2" as evidenced ORDER OF CONDITIONAL APPROVAL OF, -- PAGE 1 OF 4 FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO.2 (FP-OO-O 11) .1 v ( (-" in Plat bearing the File name: #0313 \0313-PLT.DWG BI<B 06/07/00, and stamped JUN 19 2000, Sheet 1 of 2, OLSON AND BUSH SUBDMSION NO.2, Briggs Engineering, Inc., Consulting Engineers, R2 Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Frecldeton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated July 27,2000, listing 7 General Comments and 16 Site Specific Comments, and the Applicant's response letter dated July 31, 2000, true and correct copies of which are attached hereto marked Exhibit ttA", and consisting of 6 pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: : 1.1 Fire Chief, I(enny Bowers, requires that all codes, water supplys, hydrants, and temporal)' tum-arounds need to be approved. · 1.2 The Central District Health Department requires after vvritten approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 4 FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO.2 (FP-OO-O 11) (~ ( impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guideboolc. Prepared by City of Boise Public W orl<s Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and 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. ORDER OF CONDITIONAL APFROV AL OF -- PAGE 3 OF 4 FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO.2 (FP-OO-011) ( · By action of the City Council at its regular meeting held on the / ~of August, 2000. By: ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public W orles Department~ By: City Clerk ated: ~ ~ l--tJtl msg\Z:\Work\M\Meridian 15360M\US West Comm CUP037\CUPFFCLDecOrd ORDER OF CONDITIONAL APPROVAL OF -- PAGE 4 OF 4 FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO.2 (FP-OO-O II) ~L\ YOR Robert D. Come ( HUB OF TRE4SURE ~4LLEY A Gocxi Place to live C~ COUNCIL ~1El\mERS c OF (i Ie ~. -g~!~OrJ J~ :it 17" Ron Anderson 33 EAST IDAHO :MERIDIAN, IDAHO 83642 (208) 888-4433. Fi~X (208) 887-4813 City aerie Office Fax (208) 8884218 PL\NNfl\SG ,\ND ZONThIG DEP l\RThIENf (208) 884-5533. F~X 888-6854 Keith Bird Tammy deWeerd Cherie iv[cCandless MEMORANDUM: July 27, 2000 From: to . Bruce Freckleto~ Assistant to City En ineer Shari Stiles, P &Z Administrato RECEIVED J U l 2 8 2000 CITY OF l\iERIDIAN To: Mayor and City Council Re: · Reque"st for Final PIat for Olson-Bush Subdivision No.2 - 10 Buildable Lots on 14.39 Acres in an I-L Zone (File# FP-OO-Ol1) Request for Variance from Requirement to Provide Pressurized Irrigation System in Accordance with City Ordinance 12-5-2.N This subject property was originally annexed in 1996 (Ordinance No. 731) and is subject to a development agreement. A review of the files did not produce evidence that a development agreement has yet been drafted. We have review~ this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in fuD, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation! drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks 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 Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty-watt and lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP-OO-O II o I sonBush#2. fpa doe E~h,'hr:; JAil I Mayor and City Counci( July 27, 2000 Page 2 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K 7. Please respond in writing to each of the corrnnents contained herein, both General and Site Specific, prior to the August 1, 2000 meeting of the Meridian City Council. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is within the proposed development. Applicant will be responsible for constructing the sewer mains to. and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. . 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The Evans Drain is located within a 60' easement across the northern portion of the property. The Snyder Lateral is located within a 40-foot-wide easement on the western boundary. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users associatio~ with written confirmation of said approval submitted to the Public Works Department. A letter of credit or cash will need to be submitted for tiling of the ditches prior to signature on the final plat. 4. Minimum 20-foot-wide planting strips will be required to buffer adjacent incompatible land uses and will be determined during. 5. The Findings of Fact and Conclusions of Law for the annexation are very specific and include a requirement for "a landscaped setback area all along the property's southern boundary with tree pIantings that will grow to a height in excess of 20 feet and not more than 40 feet, and which shall be not more than 25 feet apart at the time of planting, shall be six feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to allow adequate growth." Due to the fact that development of separate lots may happen over several years, staff recorrnnends that the trees and irrigation system be constructed prior to 0 btaining building permits. 6. Add or revise the following notes: 10. .. . any public street and subdivision boundary. .. . highest establish seasonal normal groundwater elevation. Delete this note. This subdivision is not part of a planned development. Delete second "than" on third line and correct spelling of "shrubs" at end of sentence. .. . maintained by the o"."mcr of Lot 1 0, Blocl, 2 Olson & Bush Business Owners Association and is covered by a blanket easement for the City of Meridian sewer 1. 7. 8. 9. FP-OO-O 11 OlsonBush#2.fp.doc Ex/; I b':-; i/-l if ~ Mayor and City Council July 27, 2000 Page 3 line and Ada County Highway District storm drain.. No fences.. structures or trees are allowed within this easement. 11. All lots within this subdivision are subject to the terms of a development agreement recorded in the office of the Ada County Recorderot Instrument No.. 7. Revise lot lines for Lot 11, Block 1, to encompass the entire easement area The applicant has proposed that the lot be owned and maintained by the adjacent lot owner; however, a condition of the annexation is that all sewer/water line locations should be located ..in public right-of-way or within a common lot. The City has experienced numerous .probleD;1S with utility lines placed within lots that are not clearly delineated as separate from buildable lots. The common lot shall be 25.5 feet in width. Developer will be r~ponsible to construct an all-weather gravel access road over said. lot and provide. fencmg on both sides of the lot. 8. The temporary turnaround easements need to be recorded in favor of Ada County Highway District outside.ofthe platting process, with the Instrument Number referenced on the plat. If the easements are dedicated as part of the plat, they will need to be vacated when the roads are extended. Recording information shall be provided on the face of the plat. 9. Add ''Meridian'' to the situate statement on the face of the p~t.. 1 o. Please complete the Certificate of Owner and accompanying Acknowledgment. 11. All outdoor storage of equipment and materials is to be screened from view. 12. Lots 7-12, Block 1, and Lot 5, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. 13. The Union Pacific Railroad corridor borders the property to the north. This corridor is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. Screening and landscape buffering will need to' be incorporated in all construction plans for properties bordering the UPRR right-of-way. 14. Provide permanent, non-combustible fencing adjacent to Union Pacific Railroad right-of- way prior to obtaining building permits. No encroachment of this right-of-way is permitted. 15. A development agreement needs to be approved and recorded prior to signature on the final plat. All development applications will be subject to design review.. 16. Applicant has submitted an application for a variance from the pressurized irrigation requirements. The variance issue needs to be dealt with prior to approval of the final plat so that the conditions of approval properly reflect the issue. Staff does not support a FP-OO-OIl OlsonBush#2.tp.doc Ex/;/~b/~f /11 f'3 Mayor and City Council( July 27, 2000 " Page 4 variance from providing pressurized irrigatio~ as water rights and irrigation water are available within the proposed subdivision. FP-OO-o 11 OlsonBusb#2.fp.doc hh,'b'T 1/111 'I '&""..:~~ ~ ~ ~~. .- -n~: ~ t$; ~~ ~.r -.." .... ~.. ;- I ~~i:f3 :~: ~ ;; ~ : ~.... '"I--- !.~ ~ ..... ~~. ,.....' ~....-..~ .. : ~.~'-'. ~ ..- .J"- ,.r- ...... 'I"" _ ....~+~. -........~ .:. ' ... .. ................... .. "..."'1""........... - - ... .... , . ... r ~=.. . .......... ......~ .... ::: -,L.::.~ , · .-:....:....... ........,/ -"'I"" . ... .......: ~....'" ~.... "---- " : of- ... .,. ..... ' .. "II ", r ...... + ............. =n....._ _ .- ... .~ .......,....... . -...I' ... _ r ........ . ... ...:::. :..:." .." ,," , ~.tr:~.I\~;.'. .~._-'~~ .. ............ ... - ....,...... ~ ....:.. ........ .. -. - "... r, ~i~~~:: ~ ~ ~~~ . "t;\.tj: ~ ~.Ioo ... ~ ( R2 DEVELOPMENT INC. 3084 East Lanark Meridian, ID 83642 208-887 -7994 208-887 -7998 Fax . July 31, 2000 Mayor Robert Corrie City Council Members 33 East Idaho Meridian, 10 83642. Re: Olson-Bush Subdivision - Request for Final Plat - Staff Report Comments .Dear Mr. Mayor and Members of the City Council... . We have review the Staff Report dated July 27, 2000 and have the following - comments. --GENERAL C.OMMENTS: 1. ..2. .,3. .':" 4 . ~ -" 5. 6. . Acceptable. Acceptable. Acceptable. .: Acceptable. Acceptable. . Sidewalks will be constructed along both sides of East Lanark Street. It is assumed that the sidewalks will not extend into the Temporary ~Tumaround Easement at the west end of East Lanark Street. ,Sidewalks wiil be built along west side of N. Olson Avenue and ask that · sidewalk requirement be waived for east side of N. Olson Avenue since there is'no use forsidewaJk on the east side. Acceptable..____.__ __--.-- ~. 7 "~ITE SPECFIC COMMENTS: 1. Acceptable. -_2. Acceptable.. _ 3. Acceptable, with the exception that we request the tiling be tied to "'applying for building permits. Staff has verbally indicated that this would ~be- acceptable. -..4. . Acceptable. ~5.. Acceptable. Exh l~bl t 'f1 il ~ ....: 4""*1;;,." ... ~ ....-/ ~~. - .... ~".';" ~ .. .;l~" .:- ~.~~r~" ~. ~t.~ ( ( ~i t"". , .,......... . ~.. ... : Page Two .'~~Mayor'Robert Corrie - Meridian City Council ,.July 31, 2000 "':1:.'-'~', ' , 6. ,..1 All utilities are in place or will be in place on completion of the road and utility improvements. It is intention to provide utilities through joint trench · along E. Lanark Street; therefore, perimeter utility easements would not be necessary. Staff has verbally indicated this is acceptable. ~ 7. Acceptable. _ 8. Acceptable. _ 9. Acceptable. _ 10. Not acceptable. There is no plan for.an owner's association. We - .--,:propose that the sewer easement be incorporated into an adjoining lot and use restrictions be placed on the deed. The easement to the City of - : Meridian is already in place. ,,'.'11. Acceptable. ~~ii>;:',~r: ~~7. ~::Notacceptable. See 6.10 above. ~.8. . " - ~~9. ~:':':;~:~~"u,: ~10. '-1:fAcceptable. ~i; ~?,t;. _~ _". .- ~,11.. .;~Acceptable. :,~~~~Jt-~".~~.~~:-.:.,' _~i. .~" "1.__ :12. :?'Acceptable. · :~-~?~~~~=~-:;-~ ',~.~14. ., f~Acceptable, provided that chain link is considered acceptable. j$;~:f~:,+:-"s..;. ~' .~~);~15 :-~Acceptable p~ble:~Not~ep~SSUriZ~i~gation,but~e~ndjtionfuatitbe ~it~1;:.~~~~t~~~-:-~~,~,~::~~~~~~dress~ first. · . ~~~.~~~I;::~~~:. "~:~ ~~.,., 7;~I;appreciate the opportunity to respond to these items and thank you for the 'I"" __ ~ ~ ............... ................................. _..... -....-..... -............ ............. - -... -......,..- - __ 'I"" - _ ..... .. - ... _ '1"""1'." ....... __ 'I"" .....rl -.......... -..... ... rl-'~"'>-' ,- '.. ' .....Bradley E Miller I~[;:~~~~~'~~_'~':~ ..:-:.- -- +, . .. -. · , n --'-- ~~. ~:::t~~1~'t <- t::~.~ .~~.~~:: .. 'w.'. .._j . - .. l~j~%'X:~"~~~::"~--~'+ '. , Exh/'b,~f IIf II? ( ECEIVED JUL 2..~O 2000 interoffice MEMORANDUM CITY CLERK ()I=I=I(:E To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Wanda's Meadow Subdivision By: Robert Glenn File: PP-OO-Oll Date: July 19, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT, pursuant to action of the Council at their July 18,2000 meeting. TJ;le Findings will be on the Council's agenda for August I, 2000 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian 15360M\Wanda's Meadow Sub PP\Berg071900PP.Mern Z:\Work\M\Meridian 15360M\Wanda's Meadow Sub PP\Berg071900PP.Mem BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 07-19-00 IN THE MA TIER OF THE REQUEST FOR PRELIMINARY PLAT FOR WANDA'S MEADOW SUBDIVISION ) ) ) ) ) ) ) ) ) Case No. PP-OO-OII BY: ROBERT GLENN, APPLICANT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 18,2000, and Shari Stiles, Planning and Zoning Administrator, appeared arid testified, and appearing and testifying on behalf of the Applicant was: Richard Pavelel(, and no one appeared in opposition, and the City Council having received a report from Bruce Frecldeton, Engineering Technician III, and Steve Siddoway, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF WANDA'S MEADOW SUBDIVISION, DWG\2151-PRE, DATE: March, 2000, Project No.: 2151, Draft: jdc, By: Tealey's Land Surveying, Ted and Wanda Hepper, Owners, Robert Glenn, Developer, for WANDA'S MEADOW SUBDIVISION," submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-OII) - I preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and ~he property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-Oll) - 2 I... 't.. ( and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7 . The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF WANDA'S MEADOW'SUBDIVISION, DWG\2151-PRE, DATE: March, 2000, Project No.: 2151, Draft: jdc, By: Tealey's Land Surveying, Ted and Wanda Hepper, Owners, Robert Glenn, Developer, for WANDA'S MEADOW SUBDIVISION." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applica11t as evidenced by "PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP..OO-Oll) .. 3 PLAT OF WANDA'S MEADOW SUBDIVISION, DWG\2151-PRE, DATE: March, 2000, Project No.: 2151, Draft: jdc, By: Tealey's Land Surveying, Ted and Wanda Hepper, Owners, Robert Glenn, Developer, for WANDA'S MEADOW SUBDIVISION," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: The preliminary plat shall ma](e sure that the lot and bloc]{ numbers reflect the new plat and not the old plat, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 . Submit letter from the Ada County Street Name Committee, approving , the subdivision and street names with the final plat application. 2.2 Coordinate fire hydrant placement with the City of Meridian Public W orl(s Department. 2.3 Provide five-foot-wide sidewall(s in accordance with City Ordinance (Ord. 12-5-2.I(). 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance, except as provided for under site specific requirements. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 2.6 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO..O 11) .. 4 may be used for non-domestic purposes such as landscape irrigation. 2.7 Sanitary sewer service to this site is proposed via extensions from an existing main in Usticl< Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes shall be provided to keep the sewer lines on the south and west sides of the centerline. 2. 8 Water service to this site will be via extensions from extensions of an existing main in Usticl< Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.9 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Warks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.1 0 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. 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 creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.11 A 20-foot wide minimum landscape buffer, beyond the required ACHD right-of-way along Ustick Road, shall be constructed by the developer as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-OII) - 5 / ( a condition of the plat. The landscape buffer shall be within a common lot, owned and maintained by a homeoWl1ers association, with a note indicating such on the plat. The buffer shall contain, at a minimum, one-tree -per 35 lineal feet along Usticl< Road. Fencing shall not encroach upon this buffer. 2.12 Detailed landscape plans for all common lots shall be submitted for . review and approval with submittal of the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 2.13 Six-foot-high, permanent perimeter fencing shall be required along the north, east and west property lines. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 2.14 The application incorrectly states that there are 2 common lots. The plat actually shows 3 common lots - Lot 1 Block 1, and Lots 1 & 7, Block 2. Fencing on either side of Lot 7, Block 2, shall be limited to solid fencing at a maximum height of three feet or non-sight-obstructing fencing of a maximum of four feet because the lot is within 20 feet of the right-of-way. The applicant shall submit proposed fence details for the lot with the fencing plan described in comment number 7. Developer is responsible for fencing Lot 7, Blocl( 2, prior to applying for building permits. This lot is not a pedestrian wallC\Vay, Applicant shall leave the drainage easement as an easement within one of the lots rather than the common lot if the Ada County Highway District will allow. 2. 15 Applicant shall provide a stub street to the west property line located approximately 125-feet south of the north property line. The newly submitted plat for the Hollows Sub. shows a stub street connecting to Wanda's Meadow Sub. in this same location. This stub shall be required even if ACHD changes their recommendation not to require the stub street. 2~ 16 Any entry signage for the subdivision shall be placed outside of a 40' x 40' clear sight triangle, measured from the projected intersection of Ustick Road and North Lily Turf Ave.; or, if the sign is less than 3' in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-OIl) - 6 (I"" ( ( height, it may be placed within the sight triangle. Applicant shall show the entry signage location on the required landscape plan to be submitted with the final plat application. 2.1 7 Add a note to the final plat for minimum house size. 2.18 Submit 1 0 copies of the revised plat that conforms to these requirements at least one week prior to the public hearing with City Council. Also submit one 81/2 x Illegible copy of the revised plat. 2.1 9 As drawn, Lot 3, Block 2, would not meet the minimum street frontage requirement on the W. Summer St. frontage. The requirement shall be the front of house orientation to be set toward N. Lily Turf Ave. To avoid being loclced into this orientation restriction, adjust the Summer St. frontage to be 80-feet (1/2 arc length of curve + frontage). Adopt the ~ecommendations of the Ada County Highway District as follows: 2.20 Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. 2.21 Locate Lillyturf Avenue off Ustick Road II Q-feet east of the west property line. 2.22 The existing driveway on Ustick Road, located approximately 265-feet east of the west property line, shall be closed. 2.23 Construct all public roads within the proposed subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks . within 50-feet of right-of-way. 2.24 Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location, elevation and grade of the sidewallc with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-O 11) - 7 (. 2 .25 Provide an ACHD approved turnaround at the terminus of Lillyturf Avenue. The District will consider alternatives to the standard turnaround on a case-by-case basis. This shall be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnarounds for review and approval by District staff. 2.26 Stub Pampass Avenue to the north property line located approximately 120-feet west of the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 2.2 7 Provide a stub street to the west property line located approximately 1 DO-feet south of the north property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE'. Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 2.28 Other than the access point specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Adopt the Meridian Fire Department's Recommendations as follows: 2.29 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.30' No parking of equipment, vehicles or trailers in cul-de-sac. Adopt the Central District Health Department's Recommendations as follows: 2.31 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.32 Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-Oll) - 8 ( 2.33 Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.34 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Additionally, the City Council at its July 18, 2000 meeting required the following conditions: 2.35 That the Preliminary Plat shall be required to note the house orientation for Lot 6 Block 1 and Lot 3 Bloclc 3. 2.36 That all dimensional requirements from the Ada County Highway District shall be met. By action of the City Council at its regular meeting held on the Ilf- day of fhj~uJr ,2000. ROLL CALL: COUNCILMAN ANDERSON VOTED: ~ COUNCILMAN BIRD VOTED: aLje COUNCILWOMAN DeWEERD VOTED: O-ij.e'-- COUNCILWOMAN McCANDLESS VOTED: tZ':fJ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP..OO-O 11) - 9 ( MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl,s Department and Ci r Attorney. . Dated: g--( --00 msglZ:\Work\M\Meridian 15360M\Wanrla's Meadow Sub PP\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBERT GLENN FOR WANDA'S MEADOW SUBDIVISION / (PP-OO-011) - 10 11-98 f Accepted for Distribution by the Ada Planning Association Board July 20, 1998 b 1 t ...... L Prepared in cooperation with the Staff Planning Team from Ada County, Ada County Highway District, Ada Planning Associaton, and Boise City. Clair M. Bowman Executive Director ElVin Olen Deputy Director ( TABLE OF CONTENTS Introduction 1 Policy Basis 1 ~ Selected Boise Foothills Policies 2 land Use Assumptions 3 ~ Transportation Needs and Policies 5 Roadway Improvements 5 Bikeway/Pathway System 6 Transportation Demand Management, TDM 7 Traffic Calming 7 Financial 9 Append ices: 8 Appendix A, Summary of Process 10 Appendix 8, Summary of Public Participation 13 Appendix C, Impact Analysis of Transportation Improvements 15 Appendix D, Documents Supporting the Interim Transportation Plan 17 Exhibits: ~ Exhibit 1, Selected Polices from the Boise Foothills Policy Plan 2 t: Exhibit 2, Household (HH) Estimates 3 Exhibit 3, Area of City Impact Boundary Map 4 Exhibit 4, Roadway Improvement Map 8 Exhibit 5, Cost Estimates for Roadway Projects 9 Interim R lTHILLS TRANSPORT A TION PLl (Interim' Plan) July 1998 INTRODUCTION The Boise City Council adopted the Boise City Foothills Policy Plan as an ~mendment to the Boise City Comprehensive Plan on March 14, 1997. The Boise.City Foothills Policy Plan provides land use, transportation, environmental, and neighborhood protection policies to guide growth and development in the Foothills, and directs the City to work with the Ada Planning Association, Ada County, and the Ada County Highway District to develop a concomitant Foothills Transportation Plan. This document implements that recommendation. This Interim Foothills Transportation Plan (Interim Plan) was developed by a Staff Planning Team representing Ada County, the City of Boise Ada County Highway District and Ada Planning Association. The public was given an opportunity to submit written and oral comments on the Public Review Draft Foothills Transportation Plan to the elected officials from Ada County, ACHD and Boise City. Comments were received during two open house meetings held on December 1 0, 1997 and January 14, 1998. The public input generally supported the lowest growth assumptions in the West and East Foothills areas, and no growth and/or transportation improvements in the Central Foothills The Ada Planning Association Board of Directors passed a motion to. accept the coordinated public involvement process on July 20, 1998, and directed that this Interim Plan be forwarded to Boise City, Ada County and Ada County Highway District for formal adoption through the public hearing process. The Interim Plan identifies transportation improvements necessary for foothills development in the next twenty years and the corridor preservation for buildout. It is based on three elements: 1 ) The policies of the Boise City Foothills Policy Plan 2) Public comments to the extent that those comments would not amend adopted policies 3) land use assumptions consistent with local zoning, comprehensive plans, and recognized population estimates. Appendices A and B provide summaries of the process and public participation. POLICY BASIS The Staff Planning Team identified alternatives that did not conflict with the adopted policies of the Boise City Foothills Policy Plan. The policies, listed in Exhibit 1, limit the transportation alternatives by restricting the location of new transportation facilities in the Central Foothills and limiti~g adverse impacts to neighborhoods and environmental resources. The adopted Destination 2015, the Regional Transportation Plan, provided a basis for defining the existing and planned transportation system serving the Foothills Planning Area. The recommendations in.this Interim Plan reflect additions to the adopted Destination 2015 that would be needed to provide additional traflsportation improvements to more fully implement the Boise City Foothills Policy Plan. 1 Exhibit 1 Section 5-1..5 Neighborhood Protection Selected(. jcies from the Boise Foothills Policy pC Section 5-2.1 Section 5-2.3 Section 5-2.4 Section 5- 2.5 Transportation Section 6-2.4 Section 6-3.2 Section 6-3.3 Section 6-3.4 Section 6-3.5 Section 6-3.6 Section 6-4.6 Section 6-4.7 Section 6-6.1 Where street or other services within and through the built community will be negatively affected by new development, new projects will provide or make contributions toward effective mitigation to protect public health, safety and welfare in the built community as well as in the newly developed areas~ Improvements to the transportation system need to balance the long-term development objectives with protection of neighborhoods and must be in scale with existing neighborhoods. Public"and urban service requirements for developments, including transportation improvements shall minimize impacts on existing neighborhoods. Mitigation of the effects of increased traffic on existing neighborhoods shall be paid for by the developments causing such effects on a proportionate basis, through the use of mechanisms such as the utilizations of impact fees, installation of traffic calming infrastructure, trail and pathway development and mass transit development. The City Planning and Community Development Department shall annually monitor street capacity as it is consumed by Foothills development and shall be prepared to'limit Foothills development as capacity is reached. .. Capacity.;iShall..be determined according to a. formula to be defined jointly by Boise City, Ada Planning Association (APA) and Ada County Highway District (A.CHD) and adopted in governing Foothills Transportation Plan. . Historic district streets shall be managed in such a manner that the flavor and character of the historic districts are preserved and enhanced while maintaining the livability of these neighborhoods and preserving the functionality of the street system. The use of traffic management strategies as described above shall be given priority over street widening, larie additions and removal of on-street parking as a means of resolving traffic flow problems. Streets and arterials within historic n~ighborhoods shall not be upgraded or altered to increase capacity without an amen,dment to this. plari. . The 3.~thJ~treet and 'fJe~t ~iII Road coTdors shall b~ ~e prirn~ry ,artefia'~. to ~erve Phase I Foothills development, as per'Destination 2015. · The extension of 36th Street to Cartwright Road and eventually to Bogus Basin Road is desirable. The intersection of 36th Street and Cartwright Road should be designed to encourage north/south traffic. Cartwright Road is to be a local street or discontinuo~s:.collectqr,Jrom 36th Street to Bogus Basin Road. The concept of a western Foothills loop road in the vicinity of Ca.rtwright Road between Highway 55 and 36th Street may be pursued. The concept of interconnectivity between Table Rock Road and Warm Springs Creek Gulch in order to provide secondary and/or emergency access, may be studied. The following are suggested for further study as arterials: 1) An 8th Street - 91h Street couplet: 2) Ninth Street only; 3) Eighth Street only; 4) Fifteenth Street, and; 5) Other options including an intentional policy to slow traffic through existing neighborhoods should be considered by the Ada County Highway District. New road construction shall not be allowed within any floodway, except as necessary to cross the floodway where no reasonable alternative exists.. As a condition of approval, all proposals where a road crosses the floodway will 'Completely mitigate the effects on hydrology, vegetation, and wildlife through measures approved by the Department of Public Works. Extending urban service facilities through steep or unsta~le terrain should be avoided-whenever possible. and will be required to meet strict safety and engineering design. Roadways through Hulls Gulch/Camels Back and Military Reserve should not be upgraded or expanded beyond what is necessary to serve their basic fundion of park and existing resident access. Roads and roadway improvements for any use. other than park access, or historic public safety and residential access, shall not be permitted. 2 ( ( land Use Assumptions The future land uses assumed for the Foothills are based on the adopted Comprehensive Plans for Boise City and Ada County and are consistent with the population estimates produced by Ada Planning Association. Within the Area of City Impact boundary, the Boise Comprehensive Plan, which included the Boise City Foothills Policy Plan, has jurisdiction. Outside the Area of City Impact boundary, the Ada County Comprehensive Plan has jurisdiction. Exhibit 3 identifies the - Impact Area boundaries. Development proposals that have received conceptual approval are included 8$ part of the future households (HH) count. These include Arrowhead Subdivision (100 HH'S) in the West Foothills, and Morning Side Heights (77 HH'S) and Harris Ranch (375 HH'S) in the East Foothills. The Boise City Foothills Policy Plan recognizes buildable · area as land with slopes less than 250/0. Exhibit 2, below summarizes the household estimates. Assumptions: Inside Area of Impact 3 HH's/4 acres, buildable area 1 HH/40 acres, privately owned, non-buildable Outside Area of Impact 1 H H/40 acres, privately owned Hidden Springs Harris Ranch 915 HHJS (on 1,724 acres) in West Foothills 375 HH'S (on 802 acres) in East Foothills Exhibit 2 Household (HH) estimates West Foothills The assumptions recognize the rural 'density of the Ada County Comprehensive Plan outside the Boise Area of Impact and provides for the maximum allowable density of the Boise City FoothiJ/s Policy Plan inside the Boise Area of Impact for a twenty year growth horizon. 80% of the buildable area inside the Area of Impact will be developed. For the private non-buildable land both inside and outside the Area of Impact, growth will be .based on the past twenty years development trends. For development outside the. Area of Impact, growth will include 915 households in Hidden Springs Inside Area of Impact 2,742 acres, buildable area 3,110 acres, privately owned, non-buildable 1 ,645 HH'S o HH'S Outside Area of Impact 12,692 acres, privately owned 1 , 724 acres Hidden Springs West Subtotal 60 H H'S 915 HH'S 2,620 HH'S Central Foothills Inside the Impact Area assumed development is based on.available capacity on 8th, 13th and 15th Streets. For development outside the Area of Impact, growth will be based on the past tWenty years development trends (Le. none). Inside Area of Impact 874 acres, buildable & non-buildable 90 HH'S Outside Area of Impact 2,955 acres, privately owned Central Subtotal o HH'S 90 HH'S East Foothills Because of the recognized limited traffic capacity in the East Foothills, development inside the Area of Impact will be based on approximately one household per 7 acres for 63% of the buildable areas, and one household per 40 acres in non-buildable areas, less 802 acres for Harris Ranch, which will include 375 households. Outside the Area of Impact 25% of the land will be developed at a density of one household per 40 acres. Inside Area of Impact 1,558 acres, buildable area 802 acres, buildable area (Harris Ranch) 1 ,675 acres, privately owned, non-buildable 136 HH'S 375 HHJS 27. HH'S 538 HH'S Outside Area of Impact 8,671 acres, privately owned, East Subtotal 54 HH'S 592 HH'S TOTAL 3,302 HH's 3 Exhibit 3 ( ~ rea of Gty Irrpact (r '1 F<XJthi11s Plaming Areas N W E .. .. , ~ s '-' ,..-------------\ UgaxI - - · Area ct Gty Irrpact Ba.n:Iary - - .. FaXhills PI~ Area Ba.ndaries · · · · · Ada G:u1ty Une ~ W€st '" " " :, I " I " J " " " " " <:entral " ',. ; .. ~. " ~ -', \~ /', \ ~ r " ~ I ,. \ ~ ' ).-~ / , \..,L~ ..... *""" " I~ ~ . \ ~ ,',00 \ \ ~ 1 " v I \ ~ ',~jI ,~J \ ~ f2st ~ ';*" ~.~ \"J- III (/. /~ , A \ \' "'(5) , . , \', I \ I \ I 1 I . , I \ I , , I , , / , I , I -, \ I \ I \ I \ , \ \. , , .. 4 (' TRANSPORTATION NEEDS AND POLICIES. Roadway Improvements The following roadway improvements would be needed in the next 20 years to accommodate growth in the foothills. Where appropriate, needed additions to Destination 2015, the 20 year Transportation Plan for Ada County, are noted. Exhibit 4 identifies the following roadway improvements. West Foothills Cartwright/Dry Creek Road. Upgrade to a minor arterial from the 36th Street extension to State Highway 55. This upgrade meets the direction in the Boise City Foothills Policy Plan to designate a west foothills loop road connecting 36th Street to SH 55. Though no additional capacity, i.e., beyond two lanes, is needed in 20 years, extensive improvements to bring the existing rural roadway up to arterial standard are needed at an estimated cost of $3.7 million. The upgrade to minor arterial would be a change to Destination 2015. Seaman's Gulch Road l)pgrade to a minor arterial from Dry Creek Road to Hill Road. This upgrade recognizes the function of Seaman's Gulch Road .8S the principal access to the Dry Creek valley. Extensive improvements and reconstruction would be needed to bring this rural roadway up to arterial standard at aJ:1 estimated cost of $0.7 million. Operational improvements, such as passing and turning lanes would be needed on the lower section serving the Ada County Hidden Hollow Sanitary Landfill. The update to minor arterial would be a change to Destination 2015. 36th Street (from State Street to a future connection with Bogus Basin Road) Extend from Hill Road to Cartwright Road as a 2 or 3 lane road and extend as a 2 lane road to Bogus Basin Road within the next 20 years. The eventual extension of 36th Street to Bogus Basin Road will diyert some existing traffic out of the Harrison Boulevard and 13th/15th Street corridor by providing a more direct connection to Northwest Boise and Interstate 184/1184. For beyond 20 years, preserve that portion between Hill Road and State Street as a 4 or 5.lane arterial. The estimated cost of widening and/or extending 36th Street to Bogus Basin Road is $4.9 million. The preservation for 4/5 lanes would need to be added to Destination 2015. Gary Lane (from State Street to Hill Road) For beyond 20 years, preserve as a 4 or 5' lane arterial. This requires a change to Destination 2015. State Street (from Gary Lane through downtown Boise to Avenue B) Designate as a special corridor management route and immediately initiate a study to improve traffic carrying ability without major widening. Measures to consider would include strict access control, use of median lanes during peak periods, advanced technology for signal phasing, widening at major arterial intersections, strong emphasis on alternative transportation, including preferential treatment for ride sharing vehicles and bicycles, one-way couplet through downtown Boise, appropriate land use stategy and other innovative measures to manage traffic in the corrid,or. This emphasis will allow State Street to attract more trips to the corridor and draw through trips away from Hill Road and north-south streets through the North End neighborhood. This change in emphasis along State Street needs to be reflected in the update to Destinfjtion 2015. 5 draw through trips ~~VdY from Hill Road and north-south s(. _cts through the North End neighborhood. This change in emphasis along State Street needs to be reflected in the update to Destination 2015. Hill Road/28th Street intersection. Design this intersection to encourage traffic from the west to divert down 28th Street as a north- south access to State Street. As a collector, 28th Street has available capacity to draw traffic currently using Hill Road to the east and th'rough the North End neighborhood streets for access to downtown Boise and points south and east~ Though this measure is operational in nature, .it needs to be reflected in a revised Destination 2015 because of regional circulation emphasis. Central Foothills -No ;changes to Destination 2015 are included for the Central Foothills area. This means no additional roadway capacity will be added to accommodate new growth. East Foothills Two new collectors are needed to serve limited East Foothills development in the Warms Springs Gulch and Warm Springs Mesa areas only. These new collectors are: Extend a new collector into the Warm Springs gulch area of the Foothills to accommodate the proposed Harris Ranch development. This extension is actually the consolidation of two ~existing collectors f~om Oestination 2015 serving..Jhe Barber FJa.t area. Extend a new collector from Warm Springs Avenue into the Warm Springs Mesa to accommodate future growth i.n that area. Be~ause the Foothills Policy Plan seeks to protect wild life habitat areas and environmentally 'sensitive areas in the gulches, no extension of a collector behind the Warm Springs Mesa.area is proposed. Bikeway/pathway System The preservation and development of trail systems in the Foothills for public use to connect neighborhoods, public parks, public lands, schools and where possible,. shopping and employment is encouraged. Developers shall comply with the Ada County Ridge- To-Rivers Pathway Plan for designating and planning trails.. Within the Boise Area of City Impact, all new development shall comply with the Boise C"ity Comprehensive Plan for pathways. Public acquisition and maintenance of public trails is also encouraged. Points of access to public lands shall 'be served -by public roads or trails that are routed around or between developments. Public open space and public parks shall be linked by a path/trail system composed of on-street paths or multiple use trail "system. In new developments, secondary trails shall link the on-street pathway system to public trails or lands if applicable. 6 .- , ( ( Tra..lsportation Demand Management,. OM Opportunities to reduce the reliance on single occupant vehicles from future Foothills development is recommended. Transportation Demand Management, or TOM is the means to accomplish that. The primary purpose of TOM is to reduce the number of vehicles using the road system while providing a wide variety of mobility options to those Who wi~h to travel. 1 TDM, however, has limited applications where only residential development is envisioned at lower densities, such as the Foothills area. TDM measures are most commonly applied at large employment centers, or in mixed use developments with varying success. The measures to promote reduced travel from Foothills development, then are somewhat limited. Incentives to reduce trips using TDM strategies are encouraged. Such incentives might include higher densities or reduced impact fees. Developers would have to demonstrate the effectiveness of various measures to reduce trips and provide a means to monitor them. A TOM plan would be required for developers who want to pursue this trip reduction option. Examples of possible TOM measures that might apply in the Foothills area would be: . Density clusters, with mixed use developments . Alternative transportation. emphasis (B~SNan Pool services) . Proximity to neighborhood and community centers (ie trip capture) . Mix of housing, multi-family, Apartment, etc. . Tele-commuting Traffic Calming Much of the Foothills area is fronted by established built communities along the Boise Front. The East and North End neighborhoods are.examples of traditional developments in these built communities that utilize a small grid street system, many of which are local streets with traffic levels below 2000 vehicles per day (VPD).Some north-south routes are designated as collectors to serve traffic from Foothills development. These collectors are residential in character and tolerate traffic levels in excess of7,OOO VPD. This traffic calming section seeks to "calm" the effects of foothills growth on established downstream residential collector and local streets congruent. with the character of the adjacent neig hborhood s. The ACHD Traffic Calming Policy2 establishes criteria and traffic thresholds for collector streets that . would trigger measures to slow traffic. The Interim Plan encourages ACHD to take a proactive approach to evaluate traffic calming measures on residential collectors as foothills developments occur. Such measures would be designed to slow traffic, provide safe bike and pedestrian crossings, accommodate emergency vehicles and be cost effective. Examples of traffic calming measures would be chokers, periodic traffic signals, speed humps, and traffic circles. . Similar proactive efforts need to be made to insure that traffic from foothills development not be diverted down local streets. The ACHD Traffic Calming Policy establishes thresholds for-traffic on local streets. Where traffic levels on 10~1 street? appear- to exceed established criteria as a result of foothills development, developers s.hould be required t~ fund the necessary traffic studies, and implement traffic calming measures as identified by ACHD. Overview of Travel Demand Manaaement Measures. US Department of Transportation, January 1994 2 ACHD Policy Manual. Residential Traffic Manaaement (Traffic Calming) Section 5104.2. Revised July 1995 7 N Interim FCXJthiIIs 1] .oo( n Irrproverrmt5 OM ~ 20 Years w E Exhibit 4 ( s July 1998 Note: See detailed description starting on page 5. West Existi ng and Future Households Existing 20 Year Total West 1,099 2,620 3,719 Central 1 ,687 90 1,m East 2,250 592 2,842 T etal 5,036 3,302 8,338 0~ ;" \ ~ , / \ % \ ~ \ ~ Roadvvay Improvements * West . State St, Gary - Dov..rnOM1 ' . . $ 1 ,800,000 Pierce Park, HII - Cartwright $ 2,146,000 Cartwright/Dry Creek, SH55 - 36th $ 3.729,000 36th St. HiII- Bogus Basin $ 4,945,000 Hill Rd, Seaman's - Gary Ln $ 400,,000 Seaman's Gulch, Hill- Dry Creek $ 736,000 West Subtotal $13,756,000 East Nevi_Collector, N.' of Warm Springs $3,400,000 Nevi Collector, Warm Springs rv1esa $ 840,000 East East Subtotal Total "$4,240,000 $17,996,000 _Corridor Preservation I Management State St, Gary Ln thru Dc:7M1t0YJrl Boise 36th St, Hill Rd to State St - 5 lanes - Gary Ln, Hill Rd to State St - 5 lanes legend G-e-e-G- Foothills ~arling.Area 1bncIariE5 · 00, 2 lanes QJeraticnall Add lanes ~ Ccnstruct 2 lane road o T raffle Ilversic:ns 5000 Existing T raffle CaJnts 5000 20 Y earT raffle Fcrecast Association 8 ( FINANCIAL Exhibit 5 identifies estimated costs for needed roadway improvements based on 1997 construction and right-af-way indices provided by ACHD. These costs.were increased by 400ft, when projects were located in the foothills area. This increase reflects the estimated costs for additional earth work and drainage/structural needs. Where roadway improvement~ were needed .on existing resid"ential streets, construction costs were increased by 500/0 to reflect the cost of mitigation and/or traffic calming measures. Where operational improvements were identified, cost estimates were based on $200,000 per intersection affected. The strategy is to have foothills development pay for those roadway improvements directly attributed to such development, including mitigation and traffic calming. Improvements on the regional circulation system, Le., arterials south of Hill Road may, perhaps should, be paid for by regional growth (including a share from the foothills). ACHD adopted Interim Foothills Overlay Assessment. Districts on January 28, 1998. The purpose of the new assessment districts is to provide a stream of revenue for roadway construction in the Foothills necessitated by increased usage resulting from development. Each new dwelling in the Foothills will pay an additional road assessment specifically for the purpose of paying for upgrading classified roadways (collectors and arterials) to the appropriate standard and number ,of lanes. The Foothills Overlay Assessment Districts coincide with the three planning areas (West, Central, and East Foothills) established by the Boise City Foothills POlicy Plan. The overlay assessment will be different in each District due to different roadway costs and the proposed number of dwellings. The overlay assessments were adopted on an.interim basis, pending further legal and technical review, as well as the adoption of a Foothills Transportation Plan by the City of Boise, Ada County and ACHD. Exhibit 5 COST ESTIMATES FOR ROADWAY PROJECTS SERVING THE FOOTHILLS AREA NEEDED IN THE NEXT 20 YEARS WEST State Street; Gary Lane - Downtown Boise Pierce Park Lane; Hill Road - Cartwright Road Cartwright Road; Dry creek Road - SH55-36th Street 36th Street; Hill Road - Bogus Basin Road Hill Road; S'eaman's Gulch Road - Gary Lane Seaman's Gulch Road; Hill Road - Dry Creek Road $1 ,800,000 2,146,000 3,729,000 4,945,000 400,000 736,000 EAST New Collector; North of Warm Springs Avenue New Collector; Warm Springs Mesa $3,400,000 840,000 $17,996,000 TOTAL 9 APPENDIX A Summary of Process Following the adoption of the Boise City Foothills Policy Plan, the Staff Planning Team identified the following approach for developing a Foothills Transportation .Plan with direction from the Elected Officials: · Develop a scope and schedule and a public involvement process · Identify the maximum allowable householos, based on land use assumptions in the Boise City Foothills Policy Plan · Project future traffic demands and identify transportation facility improvements needed to accommodate future foothills development · Estimate the cost of the transportation improvements. · Conduct public review and recommend a Foothills Transportation Plan to elected officials In June, a written notice was sent to 350 stakeholders, informing them of the planning process and inviting them to comment on the scope and schedule established by the Staff Planning Team. In July, the Staff Planning Team met with small groups to present the staff findings and gather input about concerns with the scope and schedule and development in the foothills. Concerns from the public were that traffic from foothills development will have an adverse impact on the quality of life of residents and property values of housing on north/south streets in the North End Neighborhood of Boise. The input from the public presented concerns that growth in the foothills should be limited and traffic should be diverted around and not through the North End or East End Neighborhoods of Boise. Following is a list of the small group meetings held: Small GrouD Meetings July 2 Bill Clark, Planning Consultant July 9 Fifteenth Street Residents July 9 East End Residents July 10 American Institute of Architects. July 1 0 North End Neighborhood Association July 24 Don Lojek, Citizen July 24 Ninth Street Residents July 31 Idaho Conservation League July 31 Eighth Street Residents August 6 Mike Wardle, Planning Consultant Based on input from the small group meetings and policies in the Boise City.Foothills Policy Plan, the Staff Planning Team developed four options for the Foothills Transportation Plan. These options included: 1) growth under existing zoning, 2) twenty year demographic growth projections. 3) constrained growth based on limitations of transportation capacity and 4) maximum allowable development under the Boise City Foothills Policy Plan. These options were preseflted to the elected officials of Ada County, ACHD and the City of Boise in a triad meeting on August 26, 1997. 10 . ( ( On September 3D, 1997, the Ada County Commissioners proposed another option that would recognize the rural density of the Ada County Comprehensive Plan outside the Boise Area of Impact and provide for the maximum allowable density of the Boise City Foothills Policy Plan inside the Boise Area of Impact for a twenty year growth horizon. This option was presented to the Ada County Commissioners and the ACHD Commissioners on October 2, 1997. On October 6, 1997, this option was presented to the Mayor and City Council of the City of Boise, the Ada County Commissioners and the ACHD' Commissioners. The elected officials of' Boise City and Ada County agreed to limit the number of options to two: 1) the Ada County Commissioners option and 2) the constrained growth based on limitations of transportation capacity with a twenty year growth horizon. The two options, named Alternate A and Alternate 8, were included in a public review draft of the Foothills Transportation Plan I On December 1 0, 1997 and January 14, 1998, two separate public open house meetings were held on the Public Review Draft Foothills Transportation Plan. A summary of the public comments can be found in Appendix B. In consideration of the public comment, the two plans, Alternate A and Alternate 8, were combined. According to the public Alternate A was the appropriate_ Plan for the West Foothills and Alternate B, which constrains growth based on limitation of transportation capacity, was deemed appropriate for the East. There was strong public opposition to additional roadway capacity to accommodate growth in the Central Foothills area. On July 20th 1998, the Ada Planning Association Board of Directors voted to accept the coordinated public involvement process thus far. Further. the Board acted to accept this Interim Foothills Transportation Plan (Interim Plan) for distribution and adoption. It includes transportation recommendations for the West 'and East Foothills planning areas ,;with .the Central Foothills to remain unchanged from Destination 2015. After adoption by Ada County 1 Boise City and Ada County Highway District, it is expected that APA will then adopt a Foothills Transportation Plan for inclusion in the Regional Transportation Plan. Figure A-1 identifies the process and schedule to be followed for final adoption of a Foothills Transportation Plan. 11 Figure A-1 Process for Adoptio'n of Foothills Transportation Plan Coordinated Triad Agencies Public Developed Draft March 97- Involvement Foothills June 98 AP A accepts Transportation Plan Public v f Involvement n. . .. I:'" Process APA to Accept Interim Foothills July 98 Transponation Plan I f I Afjency Specific Boise City to Adopt Ada County to Ada County Highway District to July 98 - Public Hearings Foothills Adopt Foothills Adopt Foothills November 98 Transportation Plan Transportation Plan Transportation Plan l 1 I J:in~ll I Regional AP A to Adopt Public Foothills November 98 - Involvement Transportation Plan as June 99 part of the Regional TransDortation Plan July 1998 12 ( ( APPENDIX B Summary of Public Comments From Open House Meetings Public comments were submitted in three formats: 1) written comments, 2) signed petitions and 3) oral comments at the two public open house meetings. There were 438 citizens that submitted written comments. A large percentage of the written comments were submitted in the form of surveys and only commented in opposition to Alternate A in the East Foothills and in favor of Alternate B in the East Foothill$ with additional policies. Those policies were: 1) No site, utility or building construction shall commence at the Harris Ranch subdivision until both the Ea~t and West river crossing bridges (to and from Park Center Boulevard) are completed and in operation, 2) Prohibit freight, construction and logging truck traffic on Warm Springs Avenue, 3) Reduce the speed limit on Warm Springs Avenue to 25 MPH, and 4) Close Warm Springs Avenue east of the east entry to Warm Springs Mesa and provide a gate system for emergency vehicles. The Green Belt path would remain. Two petitions were submitted with a total of 834 signatures. The first petition has 288 signatures solely in opposition to the proposed one-way couplet for 8th Street - 9th Street The second petition contains 546 signatures that: 1 ) oppose the proposed one-way couplet for 8th Street - 9th Street 2) oppose traffic calming put in street intersections 3) oppose upgrading North End residential streets to collector or arterial status 4) oppose changing traffic patterns which would increase traffic flow on residential streets, having an adverse impact · 5) oppose any changes to the North End residential neighborhood Two open house meetings on the .Public Review Draft Foothills Transportation Plan were attended by 229 citizens. Thirty percent of the citizens attending gave oral comments to the elected officials. Of the citizens that gave oral comments, 330/0 were in opposition to both Alternate A and Alternate B. A total of 1 ,245 citizens submitted either written comments, signed petitions or gave oral comments. (duplicates were only counted once) Figure B-1 is a cumulative summary of the public comments received from the public open house meetings. Figure B-1 13 Figure B-1 ( . ( ( Summary of Public Comments Recieved at Open House Meetings Held .December 1997 and Juanuary 1998 East Foothills Support 13 citizens supported Alternate A 343 citizens supported Alternate B Oppose 271 citizens opposed Alternate A 6 citizens opposed Alternate 8 78 citizens opposed both Alternate A and Alternate B Central Foothills Support 16 citizens supported Alternate A and Alternate B Oppose 858 citizens opposed both Alternate A and Alternate B · West Foothills Support 14 citizens supported Altemat~ A 8 citizens supported Alternate B Oppose 2 citizens opposed Altemate A 5 citizens opposed Alternate B 44 citizens opposed both Alternate A and Alternate B Note: Numbers include du'plicate respons~s 14 ( APPENDIX C IMPACT ANALYSIS OF INTERIM FOOTHILLS TRANSPORTATION PLAN The following is an analysis of impacts of The Interim Plan. The analysis includes four components including: 1) Level of Service, 2) Environmental, 3) Schools affected by transportation improvements and 4) Transportation improvements that are not included in the Destination 2015 Plan. LOS (Level Of Service) LOS E -State Street, Coil ister to 36th Street The Staff Planning Team strongly recommends corridor management for State Street to enhance the carrying capacity in this limited right-af-way corri~or. Note: There are no instances of a non-residential arterial going from LOS C to LOS 0 in the Interim Plan ENVIRONMENT AL -36th Street extension between Cartwright Road and Bogus Basin Road in vicinity .of sensitive plant species. -New road in Warm Springs Gulch located within wildlife habitat area. -Mesa Collector - Traverses steep slopes and landslide area, and potentially has a visual impact.. SCHOOLS AFFECTED BY TRANSPORTATION IMPROVEMENTS -Hillside Junior High (Hill Road & 36th Street) -Taft Elementary School (State Street & 36th Street) -St.. Mary's Elementary School (State Street & 26th Street) -Lowell Elementary School (State Street & 28th Street) -River Glen Junior High (Gary Lane). r .. l TRANSPORTATION IMPROVEMENTS THAT ARE NOT INCLUDED IN DESTINATION 2015 PLAN - Upgrade Cartwright and Dry Creek Roads to minor arterials from 36th Street to SH55 - Upgrade Seaman's Gulch Road to a minor arterial from Hill Road to Dry Creek Road - Designate 36th Street from Hill Road to State Street as a future 4 to 5 lane facility - Designate Gary Lane from Hill Road to State Street as a 4 to 5 lane facility - Widen 36th Street from Hill Road to Cartwright Road to 3 lanes - Designate St~te Street from Gary Lane through downtown Boise as a special corridor management route, and immediately initiate a study to improve traffic carrying ability and emphasize alternative transportation and - Design the Hill Road/28th Street intersection to encourage north-south movements and discourage east-west movements through the intersection t.._ 15 Figure C-1 Interim Foothills li · 00(' n Sdro Site Locati<n N W E s DyCreek .fJ; " j ,to ~~ ~ ~. "'~ L Hillside Jr. H.s.. ~ legend .t 8errmtary SctOOs .t Mddle.and Junia- Hgh ScIros ~ Senia Hgh Sdl:ds Association 16 ( APPENDIX 0 Documents Supporting the Interim Foothills TransDortation Plan Ada County Comprehensive Plan Required by State Law, this document contains goals, objectives, and policies for rural Ada County outside the jurisdiction of Areas of City Impact. t " Ada County Highway District Policy Manual The Policy Manual is used to coordinate development affecting the County's roadway system. Boise City Foothills Policy Plan Documents the policies of Boise City to direct growth in the Foothills Planning area. Boise City Comprehensive Plan Required by State Law, this document contains goals, objectives and policies for development in the City of Boise and the Boise Area of City Impact. Destination 2015 The 20 year Regional Transportation Plan for Ada County. It includes the Ridge to Rivers Trail System Plan. Public Review Draft Foothills Transportation Plan The Document presented at open house meetings for review and comment Ridge to Rivers Trail System Plan This document identifies pathway needs in Ada County and is incorporated into Destination 21015 (see above). . 17 ',) (< July 24,2000 Department Report MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT City Council President - Keith Bird ITEM NO. 16-A-l REQUEST Discussion of monthly expenditures and revenue report by outside auditors AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ ~ & ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. (/ (' REQ U EST :Liflff~ trtd J 11:I-r:/1.Wl C-l./- 1/)9 1LLe-p , I AGENCY MERIDIAN CITY COUNCIL MEETING fhL3 ~(S'I- II 2000 APPLICANT beDI4A ~~ /2LfJlJ r~ ITEM NO. rtl { ~ U> Pzt,~A u, f L/t lJ ~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~, ~ ~ ...~' o(/f l)i MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. (" ---u ( July 241 2000 Department Report MERIDIAN CITY COUNCIL MEETING August 1,2000 APPLICANT City Engineer - Gary Smith ITEM NO. 16-B-1 REQUEST Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. /. ~, ( July 24, 2000 V AR 00-011 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT R2 Development ITEM NO. REQUEST 1000 Springs Subdivision - License Agreement with NMID 1 6-B- 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See attached ~ \ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( MERIDIAN CITY COUNCIL MEETING: /htftUJ-f // 20&0 (/ ~ Ko-naLd VCI/h ~~ AGENDA ITEM NUMBER: #/6.- f3 - ( APPLICANT: REQUEST: ~ .f'n~ar~ 12o-tz,d- ~_ ;2 ~ C~ tu;'11 ecf V AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: a s r P[d/rt-lh./~h-(LIzr,~ di~r-ecl?'~ CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: I I I I I I I I I I I I I I I I I I I * 11-2-2 (' LAND USE PLAN: LOADING AND UNLOADING SPACE, OFF-STREET: LOT: LOT AREA: LOT, CORNER: ~ LOT COVERAGE: LOT, DEPTH: ( 11-2-2 The Meridian Comprehensive Plan. An open hard-surfaced area of land (other than a street or public way) in which the principal use is for the standing, loading and unloading of motor vehicles, tractors or trailers. ~ A parcel of land created by subdivision which is of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or an approved private street and may consist of: a) a single lot: b) a portion of a lot; and c) a combination of complete lots, or of portions of lots. The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights of ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water. creek or river flows. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street. such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (1350). The point of intersection of the street lines is the "cornerll. The area of a zoning lot which is occupied by the principal building. buildings or accessory · buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side Jot fines are not I.ess than ten feet (1 0') apart. (For illustration, see Section 11..20..1 of this Title.) City of Meridian ( ( RONALD W. VAN AUKER 3084 East Lanark Meridian, I D 83642 208-887 -7994 208-887 -7998 Fax RECEIVED JUL 21 2000 CITY OF ~RJmIAN July 27, 2000 Mayor Robert Corrie Meridian City Council 33 East Idaho Meridian, 10 83642 Re: Proposed 72,000 sf Building East of R.C. Willey Dear Mayor Corrie and Meridian City Council: At the request of Shari Stiles I am asking the Mayor and City Council to grant approval to construct a 72,000 sf warehouse building on a private road east of R.C. Willey. We are proposing to construct a 72,000 sf warehouse building on a 5.62 acre portion of the former 40 acre Mayes Farm east of R. C. Willey. All utilities and city services are to the subject property and the property is annexed into the City of Meridian and zoned IL. We propose to extend a private road east from the existing Gaudins Avenue which will run along the entire length of the 5.62 acre portion of the property. The road will be private, but will be built to ACHD standards in anticipation of future dedication. ACHD has reviewed and approved the proposed building and private road. A copy of the ACHD report is attachedw Gaudins Avenue is a dedicated road which was dedicated by William Child, President of R.C. Willey and Ronald W. Van Auker. The road was dedicated to ACHD by deed and not by plat. A copy of the deeds are attachedw It is our intention to construct the building and then plat the 40 acres thereafter. We would like to submit for a building permit immediately and begin construction on receipt of the building permit Please feel free to call Ron Van Auker or me with any questions. Sincerely, Bradley E. Miller ( \. .r. '.t-.~ . . ~ i i i i ! I i I i i i i i ! I i i i I I i i i j I ! I i i ! I j I i i i i I I i i i i i I i i i i i i I i i i ! I I i i i i f t I : I . I I I t J I I I I I I I I I I I I I I I I , I I I I I 1 I I t I , I I I I I I , I I I I I I I I I I I I I I I I I I . I f : I I I I I I I I I I I r I I I . I I I ~ r +1 t fl. /'.~:- '.~ ........ ..~ . ~ ~ d .CD ~ =i m -0 r . )> ~ Z :i: I rt )> r~ '^ ~cn -I J] m ! ~ ml ~ . -a f -I~ JJ ~ I ~mO I - c:"'1J . oFO I 8o(J) t .....m I ....\JI cn~o ~ z I m ~ I :U\ I\'P i :jl...ll ~. 0 ;-11~ - =n:vi ~ -Iq :m I CZO"-o- . ~ I ( III I ~ & ... ..- ---- 7" ~ ~ '"": -.i-. ........ ... - - & . - -.. ---- ~ - ,--- ~.. t q . .-..... J. . - ~....... ....-.... ~.... ...... -~..-............ ....... ........ .. "1''' _0 · 07129 ~ 30, 2eaa TEL. NO I l.:1dI:J J :K:I t ~~~.I, ......., ...,_ ..J ~.. ~.,.r (" \.. ( June 30, 2000 Ronald Van Auker 3084 East Lanark Meridian. ID 83642 Re: Staff Level Approval MSPR-20-00 NEC Franklin Road at Eagle Road Industrial Building Futs and Findings: A. · The Ada County Highway District (ACHD) ataffhas received the above referenced application requesting site plan review approval to ~ODItruct a 72,OOO-square foot indus1rial building. The S.62-acre site is located on the north side ofFranldin Road east of Gaudians Avenue. This development is estimated to generate SOO additional vehicle trips pet day based on the Institute ofTransportatioo Engineers Trip Generation manual. B. The application and site plan submitted to 1be District on June 23, 2000, have been reviewed by the ACHD Planning and Development staff and confoans to applicable Dis1rict 81andardslpolicy, or can be made to confonn with the cl1an&e( 8) to the plan described in the requirements stated below. This is a staff level appro-val and will not be heard by 1he ACHD Commission unless the site pl~ is changed in such a manner as to not confonn with District standards/policy or an appeal of the Planning and Development staff decision is &ubmittr;d as descnDed wi1hin the Standard Requirements outlined below. On .June 27, 2000, the District Planning and Developntent staff inspected 1his site and evaluated the transportation system in the vicinity. On June 30, 2000, 1he staff met as the District's Technical Review Coaunittee and reviewed the impacts of-1his proposed development on 1he District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. The following requirements are provided III l:onclitl.cms for approval: Site Specific Requirem.ents: 1. Dedicate 29-fect of right-of-way from 1bc centerline of Gaudians Avenue abutting the pucel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance Page 1 mspr2OOO.sLdoc 07:30 JUN 30, ~ I ~'- I 1V · \ c..gg ~ -'~ I --g..;);;I... ...........,~.. I n~,-' ~ J (' \. of a building permit (or other required permits), whichever OCCw-a first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct curb, gutter, and S-foot wide concrete sidewalk ~ match paving on Oaudians Avenue abutting the parcel (approximately 240- feet). Improvements shall be constNcted to one-half of a 40- foot street section. 3 . Locate the site driveway as proposed, approximately 620-feet north of Franklin Road. The driveway shall be constructed as a 30 to 4O-foot wide curb return facility with is-foot radii. 4. Replace damaged curb, gutter and/or sidewalk on Oaudians Avenue with new curb, gutter and/or concrete aidewaUc to match exilting improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387~280 (with file number) for details. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387..2S16 or 378-6258 (with file number) for details. 6. Pave the site driveway its tUll required width to a point between SO-feet beyond 1he edge of pavement of Gaudians Avenue. 7. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon revie.w of a future application for this site. 8. As required by District poli~y, restrictions on the wid~ number and locations of driveways, shall be placed on future development of this parcel. 9. Other than the access poin1(a) specifically approved wi1h this application, direct lot or parcel access to Franklin Road is prohibited. Lot acc~88 restrictions., as required with this applicati~ shall be stated on the final plat. Standard Requirements: 1. This decision of the Planning and Development SuperVisor may be appealed to the Ada County Highway District Commission by the applicant or by another party wi1hin 15 calendar days from the date of1his report. ~e reQuest shall ~pecitica11y identify each reouirement to be recollf~dered and include, written explanation of wf}y such a reauirement would result in a subs~,w haid8hip or in,QuiiY: The request will be beard by the Distriot Commission at an evening meeting wi1hin 20 c---lendar days of1he DiJ1rict!.&-receipt of1he appeal letter. The ~pellant will be-notifieclofthe date and time of1he Commission meeting. 2. After ACHD Commission action, any request for reconsideration of1he Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include. minimum fee ofSl10.00. The ~uest for reconsideration 8hal1 Page 2 mspr2000. sa. doc .. ~( · -:$1 Jl..K"1 ~, ~ ( l. \. soe~ifically identi{y each reouirement to be reconsidered and include ~tten documqltation of data. that was not avaUabl~ to the Commission at the time of it'l Qfiginal. decision. The request for l'C(:onsideration will be hoard by the District Commission at 1he next regular meeting of the Comniis8ion. If the Commission agrees to reconsider 1he action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3 ~ Payment of applicable road iD1pact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada. County Highway District Pollcy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. S t The applicant shall submit revised plans for staff a.pproval, prior to issuance of building permit (or other required permits), which incorporates any required deiign changes. 6. Construction, use and property development shall be in confonnance wi1h all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application. shall require the applicant to comply with all Nlea, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time 1he applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of1he Ada County Highway Distric;t. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Page 3 mspaooo .n.c1oc ~ 07.132 J1.I\f 30, ~- (' - Condusion of Law: I ~ .,..,- ,.~'-', ...,W I ._-fwh,;I"~ /...-:-..-.,.~ ( 1. ACHD requirements are intended to assure that the proposed use/development will not place aD undue burden on 1bc existing vehicular and pedestrian transportation system wi1hin the vicinity impacted by the proposed development. Should YO\1 have any questions or comments, please contact tho ACHD Planning and Development staff at 387-6170. Sincerely, Lany Sale Planaing and Development Supervisor 00: Project file Lead agency Chron Page 4 mspaooo.a.do,: i. .." . . .,.. ~. . .~~~ w · · ~. ~i~~ER rr~ ~D(E"PII'" y P~!5~. IDAHO r~-----.--- UI 19n JA 21 lf1 D 12 ~ ,., 9 9 0 0 6 I 2 3 TV DEED (INDIVIDUAL) .( I B.c. Willey Fumisbinas ( sw ~ SW 1/4 S8a1on 9. nNw kl~ 8M For Value Received, WILLIAM H. CHILD. a married man IS his sole and separate property the GRANTOR, docs hereby pnt, barpiD, seD aad convey UIltO the ADA COUNTY HlGHWA Y DISTRICT. . Body PoRtic 1124 CoIporate of die State of ldabo. whose address is 31 B F..asl 31m Street. Boise. Idaho 83714, the GRANTEE. the following described premises located in ADA County t Idaho, so-wit: A trac\ of 1aDclsituated in the SW ~ of the SW ~ of Section 9, T.3N., R.IE., Boise M~ City of Boise, Ada County" Idaho and more panicularly described in EmIbtt -A-. SEE EXHIBIT "A" (WHICH BY REFERENCE BECOMES A PART HERETO) TO HA VE AND TO HOLD the aaid pmniSCI with their appurtcuaDCeS unto the said Grantee. ill bcin aDd assips forever. ADd the said Grantor does hereby coveaant 10 and with the aiel G~ tbat they are the owners in fee simple of IIid pmftises: lbat said premises are lee 6vm all eacumbrIDces ad thai they wiD wmant aad defend me same from aU lawfUl ~laims wbamoever. Dated this ~ da)' of~. . 1 ~ tJ,~ a.Jt lA~ STATE Of GMd-IO, COUNTY OF ~ A. On this (~ day of '-.1)A,.. · , 199('before met a notary public in and for said Stale, perscma1ly appeared William H. Child, known ex identified to me 10 be the person(s) whoso IUIDlC(s) isI~ subsaibcd to the within instrument and acknowl- edged to me that they cxccutccl tho samo. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal me day and year in this certificate first above Mitten. ~. .. .. ~..: ~~yiai,ce & Assciciate~ .~,.- . f: 391 W~- 61lt. StJ.. SUb E. Eagle. klilWT~1t-. enght"'.; . swveyors . Landpla~ __-, f r 81lphone (2!l8; 83~124 f.. . J8) V38-28SS ~R 5, 1998 Project No. 1191 LepI DacriptIoIl lle. Walley FIItniIhitIp 1.93 Acre Tract A. tram olJaocl situat04 in the Southwest 1/4 of the South\vest 1/4 of Section 9, TownabJp 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, deccribed L~ follOWl: Commencina at a found beau cap monumentina the Sauthcut Comer of 1ho Southweat 1/4 of Mid Soclion 9t uid corner 11Io beiD& on the centerline ofFranIdin Road, tRcnce Ilona u1cI cenlcrliae and the saU1lacrly liuo ofllicl Sec;tion 9 SQuib 19"-J 1 '-46" West I cliSllnCe oC2706~ feet fa . bmd brau cap -oaum.ea&iDa the Soutllwat Comer oraid SEtCtion 9 md the ceaterfme iatena:boo ofEaJle Road and said frlftklin Road, cbenee North ~9" -~3' -S3- Bast . distance of 81.23 feet to a fouad hiaJtway monunlcnt on &he euted). riaht-of-way of saW fAalC Road. thence continuina alona Aid eulcrly ript..of.""ay r.lorth 00...00'.00" Weill distallCt or] 50.91 feet to . point, lhcnee ~orth JO"-S7'-SJ" Elm I diltuu:e 'Jf sa.ll feet to a point, thence North ooe~O'-OO" West a distance of 42S.00 feet 10. point, tbencc NOIlh 100.57'-49" Welt. cli1tanco,,( S8.) 1 feet ,,,. point. thence Nortb 000.00'..00" West.u distance of 5; .3,1 Cf;tt to tbfll'Ol~'T Of BEGINNING, Thtnce leavinB aid easteafy ri8ht.of-M-Y North 1~-5T-13n &at I disllnce of l16.S3 feet to I 'l'Ji.nt~ Thence noohcu&ttI)' 151. a 1 feet aloD3 title :Ire of . cireular cu:':e LO the left. said curve haw.. . radiu of 179.00 fftt. . centra: 8J1IIc of 50....30' -4T t a chord bwinS orNortb 64--41 '-491( Bast and. chord diataace of IS2.75 feet 10 a point; 1beaco North ]C)O.26'-2S" Eat I distancc of lS'.18 feet to. point~ Th:nce northe~{er1y 106.91 feet Ilona the arc "fa cirwlar curve '0 tho ript, Aid asrve haviDs I wlius nf 121.00 feel a central angle of SO?37'.2S" , a chord bearing of North 64".45'..Q3" Ea'it and I cJ1-,rd dimnec of 103.47 feet to a point; ThcR\io l~orth 8~.S6'-1,)99' liut n distance "r,03.S0 feet to ~ poim; Thence IO\JIheaslerly J7S.31 teet along the arc ofa circular curve 10 ahe right, uid QU\": having. f1ldiua of 121JJO fRt. a c:enuaJ angle oC23o.o0'.5 III. a chord bearing DC Scuth 480.2.5'-44" F.e~ and a chord distance of 1 tiC.3 I Ceet to . poin1~ 11u:tK;c South 060.55'.11- EIIt acliltanGc of~S.11 feel to I point; 'fboncc North 898. , 1 '-03. Eat a distance oC29 .17 feet to . round stoe! pin; TIlca<:o Nmb 060.55'.11" WI". distar= of946.66 feet to & point; Thence northwesterly 156.03 feet lions fhe arc ora non-tanlent circular curve to &he left. Aid ~ having I. radius of 179.00 feet, a cenllal angle of 4~.S6'.3j"1l a chord bearing of NOM 64- -31' .S3" \Ve$lmd a chord distance of IS J .13 feet to a point; Thenca Sooth 190.56'..09" West. diaWK:e of203.80 fttt to I point: EXHIBIT K ^" ...,. __~_ 1', ,. or ....; . ~ l . Lqai Delcriptioo .Il C. Willey Funiisbinp 1.93 A<<eTnct AupIt 5, 199. Pile 2 of2 ""*" ~- ~.~n...... ( ( 11IeDce IOUtbwatetIy 1.51_16 feet 110. the are ora cirallu curve to the left. Aid CUJVe havinB . radius of 179.00 feet, . centra1as1c of SO--3 7' -25". . chotd bearIna at South 64- -45'-08w Welt and . c:honl di.tace at 153.06 feet ra . paiDt; Tbenoo South 3ga..26t -2$" Wut . diItuco of IS7 f 11 feet to . point; 11leace IOUtbweItcty 106.. feet Ilona die arc of. drcu1at curve to the rip!. IIid curve havias . IIdiuJ or 121.00 feet,. caIRJ..... orSO--30'-4T, . chord bwlna ofSoudI64.-41'-49- West and. cbonl disw1ce of 103.25 feet to . point; . Thence 80mh 8ge..S1'.13" Welt .dillance of216.41 feet to I poiet on laid eutedyriJht.of..""Y ofEqlo Road; Thence dona IIid easterly ript.or..way Sou1h 00-...00' -Q(Y' Weal a diawsce or 51.00 feet to the POINT OF B O. The:aboYo'Gescdbed lrKI'\J(:1Ind eontaiDs 1.93 acru. 'more or teas, suijttct to IlllXiBlina e&II!I1WJU.and rights-of-way. ROYLANCE AND ASSOQATES P.1l 391 w. STi\TE"STRImT, StU'rl! E EAGLE. IDAHO 83616 (208j 939-2824 FAX (208) 939-2855 Prepared By: %\wanIIEII\l It lUep:lJ .101 ~ ,"':;'l. ntt.rUKUtU - KtlJUfS T Of R.C. Willey furnishings ( SW ~ SW 1/4 Section 9. n'~. a<.lE. BM WARRANTY DEED (INDIVIDUAL) For Value Received. RONALD W. V ANAUKER, a married man as his sole and separate property lite GRANTOR, does hereby grant. bar~ seU and convey Wilo tho ADA COUNTY HIGHWAY DISTRICT. a Body Politic and Corporate of the State of Idaho. whose addre6s is 318 East 37th Street. Boise. Idaho 83714, the GRANT!E, me following describetJ premises located in ADA County. Idaho. to-wit; A tract of land siruatcd in the SW ~ of the SW ~ of Section 9. T.3N., R.IB., Boi~ Meridian. City of Boise. Ada County. Idaho and more particularly described in Exltfbit · A ". SEE EXHIBIT "A" (WlUCH BY REFERENCE BBCOMES A PART HERETO) TO HAVE AND TO HOLD the said premises with their appUrtenances unto (he said Grantee. its heirs and assigns forever. And tile said Grantor does hereby covenant 10 and with the said GRANTEE7 thar they are the owners in fee simple of said premises; that said prcmi$cs arc fi'cc from all CIlcwnbrances and that they wiU warrant and defend tile same from alllawfuJ claims w~er. Dated this .~ day of h l 1999. ST ATE Of IDAHO, On this ~ day of . 199/ before me, a notary public in iU1d for said State. personally II' Ronald W. VanAukor, known or identified to me to be the person!s) whose name(s) istan~ subscribed to the within instrument and acknowl- edged to me that thoy executed the same. IN WITNESs WHEREOF. 1 have hereunto set my band and affixed my official seal the day and year in this certificate first above written, ~: R~YI;nce & Associate /P-~A. 381 w. StiMSh<<. SUb E. &egIe, Idaho c. j Auaust S. 1998 project No. 1191 End-.ars · SUlVGyarI · lMdplanncm T tfagMne (201) Ul4l24 ( . (201) aa.1es5 LepI Description Roaald Vaza AuJcer Inc. 0.61 Am Tract A crac;t orland Iitua&ed aa 1be Southwelt 1/4 of the SOGthwcat 1/4 of SectioD 9, T OWNhip 3 Nottb, Ruse 1 Euc, Boise ~ Ada Coumy, Idaho, dncribed u follows: - Comtr.cacing at & found brass cap momunmtina tho Southcass Comer of the Southwest 1/4 of said S ectioa. 51, said COtIlet also beiDa OIl the cedtcdifte ofFI1IIIdift R.oad, theaco IJoq Mid carcertiDc me! the soutbcrly 1iac of' Did S~ 9 SOUIh .g-.11.~ West & distance of270fi.2S fH1: to . fo\JIlCI brill cap 1DD1P1rnPnri"l the Soudnvesc Comer or aid Secdoa 9 and tbe centerIide IntetsectIon otEl8le 1t.oad IDd Slid F:uklia Iload, rhcDce North ,go.S] 1.$]- East & disIance or 11.23 feet to . Couad 1ipway morwmeru CD the eutedy riaht-oC-way or Aiel EqIe llDad. tbcace Ie&viq said astetly ript-of-way and a!aftI the DOI1bedy risht-ot:-way of aid FraaIdid ltDad NORhS'-.ll '.Q3" Eat . distance or 1003.04 feet to the POtNT OF BEGINNING. Thence coatinuing .Ions Aiel northerly ript..of-way North 85)9-11. -0)" Eat . distance of 29.11 feel to a point; Thence leaving &aid DOItherly Dp.o&way Notth CW.SS'..18" West _ distance otl~2.09 feet te: . point Thencr non~erly 103.32 Ccct.,1011J.thc ar; Qf,"G\tcular.curtC to the left. said cutVc bAn.'lJ I radius of 179.00 feet. a cctrU usale.of33e-()4'-18". . chor\! beariDs ofNotlh 2]"..27'.2'7' West .and a chord diItanCc of 101.19 feet EO I poim; l11enee South 06*.5$'...1119 bst adiltlnCe otSl46.66 feet co the POINT OF BEGINNING. tbc above descn"bod ~ ofllDd ~ 0.61 acres. more arless. subject to all existing easements and rigIus.oC-way. Pre,ared B~ ~ll'I\IepJJ.1QI ROYLAN'CE AND ASSOCIATES P.A. 391 W. STAlE STREET. SUIlE 2 EAGU; IDAHO 13616 (208) 939-2824 FAX (208) 939-2855 \.. TOTAL P.03 80/~0.d , f '. [" J ( ~ I ! f 1 1 i II' .I! I I I , : I I Ii I , \ : I ! I 1 . t t I I i ~ .~ !!' a ;+ Ul ; ]): ~ m O. V1~-< ~."l r' $ S' > M~Z ;II M rI 0 p 1- ~ m ~ -- If) ~C)> ri<Z i: ~ 0 2:!,,) mbl "r- "'JO e~ &0 -% - ~ o)~ '" "') eo :] ~~fD Tt"1J ~ )- i ~ ( I ~ I ! ! a I I - - -- - ...-.J I L I I --_.._~ I EAaf.E IIIMO 0tfMIA'Y 55J -----i--------...-. ----- ----i'A..---- /..,--~ :t .., ~ /' ". ~._- , ,,/ ,/ / 1/ /. ;I ,1' I / \ ~ ~ / " 6 " 1/ " ./ ',../ i \ ., z, " J~. .,~ ' I -.. " '. ,," , J! ! I'" ~(I{1 $~ s; !", '~ y !-- ~ ~(il~ , .5~ 4i .~ ~ .....:l L ~C' -~'~ ~v:tt 000G-~G~lnr ( RECEIVED JUL 2 4 2000 CITY OF MERIDIAN RECEr,,'ED JUt? 4 2000 ~;/ MAYORS OFFICE CITy OF MERIDIAN To: Mayor Corrie From: Gary D. Smith, PE CC: file Date: 07/21/00 Re: 1 000 Springs Subdivision - License Agreement with Nampa & Meridian Irrigation District Mayor: The developer for this subdivision recently brought this License Agreement to me for review and approval by the City of Meridian. The City is party to this agreement because the proposed fence is located on.property controlled/owned by us. I would appreciate it if you could place this License Agreement Proposal on the August 1 City Council meeting agenda for their action. Approval of the agreement would allow the developer to proceed with construction of the fence. This fence is perceived to eliminate a safety concern that presently exists for the children in the subdivisions adjacent to this crossing of the Ridenbaugh Canal. Regards, Gary From the desk of. . . Gaty D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E Carlton St, Suite 100 Meric:Iian, Idaho 83642-2600 . PaQe 1 (208) 887-2211 Fax: (208) 887-1297 RINGERT C:+CLARK CHARTERED LA WYERS /:/.r-.. ( July 1 O~ 2000 l.illJrcl I:'. I-\llrri Je ffrc). I {. (:llrisl ( ~llS( )1 } I). f31<lir (~l(lrk Nticl locI .L ()( )(JI itll(' S ~ I~r~ .e(lo 1:(-1 rri s Piltrick D ~ I :llr<.~~. Del \' j rt I-It 1ft 1 f 11( II r ()t t is 1 CtlClrlc.s I.... t 1< n lsillg( "r J ()SCI )11 13. ~ I ( )f l(....S JarllCS f) ~ KClllfr11i-U) Jennifer r~(~i( i ~1ClI){ u l(~) ~ Jar11C.S G. I~(~i( i \\'i 11 ia nl J: ~ I-{ i 11gt~ rl Dnniel Vr St(1l(~11S()fl f"'U~ffl l_~ S\\'<:CI1("~ r HAND 0 ELIVER Y S-amlJcl Kall hllelf 1 ( ] ~)2 I .. I ~ J8()} Justin Martin Farwest Developers 4550 W. State St. Boise~ 10 83703 Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct fence within Ridenbaugh Canal easement Dear Justin: Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested on behal f of City of Meridian. Both originals of the Agreement must be signed and notarized as indicated. Do not date the agreement. If both originals are executed and returned to me by July 12~ 2000~ I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Boardts next meeting on July 18, 2000. The District will then have its original recorded and return your original to you with a bill for the recording fee'} and for our services in preparing the agreement. Please contact nle if you have any questions. Yours very truly, ~.I '7 ~r /:?-~u. / S. Bryce Farris Enclosures 455 SOlltll TI1ird street . P.o. BOX 2773 . 13oisc. Id2\110 8370 I . 208/342-4591 Fi.\X 3...J-:2-4G:){ I~.: C ( LICENSE AGREEMENT LICENSE AGREEMENT, Inade and entered into this _ day of ,2000, by and alTIong NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the t1Districf" and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the t1Licenseetl, w 1 I N .E S S.E I H: WHEREAS, Licensee is the owner of real property (burdened with the easelnent of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a pal1 hereof: and, WHEREAS, the District owns the irrigation ditch or canal known as RIDENBAUGH CANAL (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and systeITI'I together with the easement therefor to convey irrigation water, operate, clean, maintain.. and repair the ditch or canal., and access the ditch or canal for those purposes~ and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee~s real property as shown on Exhibit B attached hereto and by this reference Inade a part hereof; and, WHEREAS., the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easelnent in its course across the lands of the Licensee in the 111anner and under the ter111S and conditions hereinafter set forth: and.. WHEREAS, it is necessary that the District protect absolutely its right to control any 111odification or alteration of its watercourses and its right of way along its vvatercourses; NOW., THEREFORE.. for and in consideration of the premises and of the covenants.. agreelnents and cond itions hereinafter set forth., the parties agree as fo 1I0\\'s: I. The Licensee shall have the right to 1l1odify the said ditch or canal or encroach upon the District's easenlent along said ditch or canal in the nlanner generally described in the "Purpose of Licenser. attached hereto as Exhibit C and by this reference rnade a part hereof. Any modification of said ditch or canal by the Licensee or encroachlllent upon the District's easenlent along said ditch or canal shall be perfonned and 1l1aintained in accordance \\lith the "Special Conditions" stated in Exhibit D., attached hereto and by this reference Inade a part hereo f. (~-. ( 2. This agreement pertains only to the Licenseels modification of said ditch or canal or encroachlnent to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any Inanner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ('Ifacilityll as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, Inaintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property~ b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the Distriet~ c. an increase in seepage or any other increase in the loss of water from the ditch or canal ~ d. the subsidence of soil within or adjacent to the easenlent~ e. any other damage to the District's easelnent and irrigation works. 5. The Licensee agrees to indemnify, hold hannless, and defend the District frorTI all claims for danlages arisi ng out of any of the Licensee1s construction or activity wh ieh constitutes or causes any of the CirCUI11stances enulnerated in the preceding paragraph, 4.a. through 4.e.., or any other damage to the easement and irrigation works wh icll (nay be caused by the construction, installation., operation~ maintenance., repair, and any use or condition of any facility. 6. Licensee agrees that the work perfonned and the materials used in such construction shall at all tifTIes be subject to inspection by the District and the Districfs engineers, and that final acceptance of the such \vork shall not be 1l1ade until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option'! to relTIOVe any fac i I ity installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easelnent therefor which does not cOlnply \vith the tenns of this agreement, and to remove any inlpedilnent to the flo'A' of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee.. at any tinle.. and the Licensee agrees to pay to the District.. on delnand.. the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly Inaintain and repair such facility'! then the District.. at its option'l and without ilnpairing or in anywise affecting its other rights and renledies hereunder, shall have the right to perfornl the necessary maintenance and repairs and the Licensee agrees to pay to the District.. on delnand'l the cost or expense which shall be reasonably expended or incurred by the District for sllch purposes. The District shall give reasonable notice to the Licensee prior to the District's perfonning such 111ail1tel1ance~ repair or other work except that in cases of enlergency the District shall at1enlpt to give slIch notice as reasonable under the CirCUl11stances. Nothing in this paragraph shall create or support any clainl of LIC"ENSE AGREEMENT - Page 2 ('~- (....... any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph., and Licensee shall indelnnify, hold hann less and defend the District froln any clailTIS Jnade against the District arising out of or relating to the ternlS of this paragraph except for claims arising solely out of the negl igence of the District. 8. Neither the tenns of this agreement" the pennission granted by the District to the Licensee.. the Licensee's activity \vh ich is the subject of tl1 is agreement, nor the parties exercise of any rights or perfonnance of any obligations of this agreement'l shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirelnent'l or the jurisdiction of any federal, state, or other agency or official to the District's ownersh i p, operation.. and maintenance of its d itches, canals, drains, irrigation works and facilities which did not apply to the Districfs operations and activities prior to and without execution of this agreenlent In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any sllch -agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemn ify, hold harmless and defend the District from all costs and I iabi I ities associated with the application of such laws or the assertion of such jurisd iction or, at the option of the District, tl1 is agreement shall be of no force and effect and the Licensee shall cease all activity and renlove any facility authorized by this agreelnent. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indel11nify., hold harmless and defend the District from any injury~ damages'! claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or ot11issions of Licensee or its agents.. contractors or subcontractors in perfonning the construction and activities authorized by tl1 is agreenlent. I O. The Licensee agrees that the District shall not be I iable for any darnages wh ich shall occur to any facility'l structure" plant, or any other ilnprovement of any kind or nature whatsoever which the Licensee shall install 011 the said easenlellt area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to slIspend its use of the said easelnent area when the use of the easelnent area is required by the District for 111aintellance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures or landscaping of any kind above within the District's easelnent area except as referred to in this agreeInent or exhibits hereto without the prior written consent of tile 0 istrict. I 2. S hou Id either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreelllent., whether by institution of suit or not.. the party rightfully enforcing or rightfully resisting enforcenlent of the provisions of this agreenlellt.. or the prevailing party in case suit is instituted., shall be entitled to reinlbursenlent for its costs and reasonable attorney fees froln the other party. 13. The parties hereto understand and agree that the District has no right in any respect to inlpair the uses and purposes of the irrigation works and systenl of the District by this agreenlent nor to grant any rights in its irrigation works and system illcolllpatible \vith the lIses to \vhich such irrigation \\forks and systenl are devoted and dedicated and that this contract shall be at all tinles construed according to sllch principles. LICENSE AGREEMEN-r - Page 3 (/--- ( 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall renlain inferior and subservient to the rights of the District to the use of said d itch or canal for the translnission and delivery of irrigation water. 15. In the event of the failure~ refusal or neglect of the Licensee to cornply with all of the ternlS and conditions of this agreernent~ the license of the Licensee under the ternlS hereof Illay be tenninated by the District~ and any facility., structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, wh ieh 111ay ilnpede or restrict the maintenance and operation of such d itch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 1 6. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of th is License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 1 8~ third party. This agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all relnaining provisions of this agreement shall rernain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the Inasculine and ferninine genders, the singular nUITIber includes the plural, and the plural number includes the singular. The covenants~ conditions and agreements herein contained shall constitute covenants to run with~ and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of theIn.. and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 (I ( CITY OF MERIDIAN By ATTEST: .STATEOFIDAHO ) ) ss: County of Canyon ) On this _ day of , 2000, before me, the undersigned, a Notal)' Public in and for said State., personally appeared Ralph B. Wissel and Daren R. Coon, known to me to be the President and Secretary~ respectively, of NAMP A & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in tl1 is certificate first above written. Notary Public for Idaho Residing at Nampa, Idaho My Commission Expires: STA TE OF IDAHO ) )ss. County of Ada ) On this _ day of , 2000, before me, the undersigned., a notary public in and for said state.. personally appeared and , known to me to be the and , respectively., of the CITY OF MERIDIAN,! the political subdivision and ITIunicipality that executed the foregoing instrument'! and acknowledged to me that such entity exec llted tile sall1e. IN WITNESS WHEREOF, I have hereunto set Iny hand and affixed illY official seal, the day and year in this certificate first above written. Notary Public for Residing at My COITIlll ission Exp ires: LICENSE AGREEMENT - Page 5 ~ldL-Ub-LUUU ItlU Uj:j'j PM MarCon Inc Nampa ID {< I { 1208 463 8745 P. 002/00:: .( WARRANTY' DEED File No. FOR VALUE RECEIVED FARWEST, L Lei, an Idaho Limited Liability CO":1pany GRANTOR(S). does(do) hereby GRANT, BARGAIN, SELL and CONYBY unto: · CITY OF MER1DlA~ GRANTEE(S), whose current address is: 33 E. idaho Me.ri~i8n..W. 83642J the following described real property located in Ada County, State of Idaho, more particularity described os follows, to \vi t: , LOTS I AND 2 IN BLOCK 4 THOUSAND SPRINGS SUBDIVISION NO. I ACCORDING TO THE OFFIe.IAL PLAT TI1:EREOF FILED IN BOOK 78 OF PLATS AT PAGE 8248 ahd 8249 RECORDS OF ADA COUNTy, (~~r.~~.?!lli~~LOCK~ "~D 00'r6~lNl1LOCIC:~~. ro. · _. ~m ~?j!ift~N~KlNQ~jijijQM~~ CCORDINO TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 79 OF PLATS AT PAGES 8534 THRU 853 . RBCORDS OF \ADA COUNTY. · TO }1A VB AND HOLD the said premises, with their appurtenances Unto the Orantee(s). and the Oranlee(s) hefrs and Bssigns forever. And the said.Orantor(s) does (do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the O\vncr(s) in fee simpJe of silid prclniscs, that said premises arc free frollJ Bl1 encu111branccs, EXCEPT those to which this conveyance is expressly made subject and those nlade, Buffered or done by the Grantee(s); and subject to reserVations, restrictions, dedications. easements, rights of way and ngreements. (if any} of record, and general taxes and assessments. (including irrigation and urility assessments, if any) for the current year. which are not yet due and payable, and'he Grantor(s) will warrant and defend the same from aU lawful claims whatsoever, Dated: June 19. 2000 FARWEST, LLC, an Idaho Limited Liability Company Exhir~i ,f A.' STATE OF IDAHO. County of Ada ss. On this .........--- day 0 r June, in the year or 2000, before me. a Notary PUblic in and for Said Stale. personally appeared M A l<TV .nnl 1J~~MfTIJ { { ~' . ,..; ~ Ridenbaugh Canal in SE1/4, 5.20, T.3N, R.1W, S.M., Ada County, Idaho (August 1994). - ~~~. ~. Exhibit B f. . ..\ ~ EXHIBIT C Purpose of License The purpose of this License Agreement is to pennit Licensee to: I. construct and install a fence within the District's easement for the Ridenbaugh Canal; and 2. construct and install a 16 foot gate with locks within the Districfs easelnent for the Ridenbaugh Canal, all with in Licensee's property described in Exh ibit A, located northwest of the intersection of Victory Road and Eagle Road in Meridian, Ada County, Idaho. EXHIBIT D Special Cond itions a. Construction shall be in accordance with Exhibit 0-1, attached hereto and by this reference Inade a part hereof. The fence and gates which shall be constructed on each side of E. Three Bars Drive shall be set back 20 feet from E. Three Bars Drive so as to allow the District to open the gate while not being parked in the public street. Said gates shall be locked and the District shall have its own set of keys for access, maintenance and operation of the Ridenbaugh Canal. b. Licensee shall notify the water superintendent of the District prior to and imlnediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in th is agreelnent by the District pertains only to the rights of the District as owner of an easement The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Shou Id Licensee fai I to obtain such rights from the holder of title to the property or shou Id the rights obtained prove legally ineffectuaL Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The fence and gates shall be constructed of chain link. The following shall ap.ply for that portion of the fence or gates which erected is now or in the future in whole or in part constructed of wood: Because of the locati.on of the fence and the fact that the fence will be constructed wholly or partly afwood, the District shall not be responsible for weed control in the area of the fence. Without affecting the foregoing exel11ption of the District fraln weed control obligations, Licensee hereby indelnnifies, holds hannless and shall defend the District frolll any claims for darnages to said fence because of \veed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. e. Licensee shall not excavate, discharge, place an)' structures ~ nor plant any trees~ shrubs or landscaping \vithin the Districfs easenlent nor perform any construction or activity \vithin the Districfs easelnent for the Ridenbaugh Canal except as referred to in this agreenlent or exhibits thereto \vithout the prior \vritten consent of the District. The District's easenlent for the Ridenbaugh Canal is 1 00 feet, 50 feet to either LICENSE AGREEMENT - Page 6 (~ \., r side of the centerline. f. Construction shall be completed prior to September 30.. 2000. Tirne is of the essence. LICENSE AGREEMENT - Page 7 JUL-Ub-LUUU ItlU Uj:j'! fM MarCon Ine Nampa ID · ....) I.J n 0 2 eel 2 I 6? P B ,... ~i'" M i n ~ !i i . n BG/82/2Bee J.~~ ~5 1:I7735C"'~t ill ......-.......-... ~. ~ ...,.......... t ..._ 1208 463 8745 P. 003/003 co EI B B - ~,i>J'~ . .~. V~/ll/~f 1~14i ~tlraA ~;.s r rr~..: ~.. II" r" P.ClC F'A~E: ,'vC' 2/2 p.2 03 . . iII~. ......-.-..-.. J... · &~f U~ .'!i f... ~~~ ~~ ~~ ~ :.~ ~ .~ pr..: : I~r --w:J( ill ~~. C ~ ~ it ~o ~ . *: ;. :~ = ~ ~.J ~ 0 ~ ~ ::r- ~~ i ~ ~~ .1~1 ~ ~ . i\ :. ~~ . 1!1---....--- . " f ~~ ~A CWlTr .un SlOt , r t 2GII$LZZZI .c ~ w c ~ g ~ ~. ~ . cc c:: 'd- ~~;:... ~ 0.:,1': "c'i ~.., ,~ 4'0 ~~ () ~ ~S-~ O~ JiD ~J 0 OJ}. S'., ~ ~ o~ ~ tD 2 "1 ~ ~ EXhibit 0-1 ( ........ ( July 24,2000 PP 00-012 MERIDIAN CITY COUNCIL MEETING APPLICANT Thomas Bevan, Jr. August 1, 2000 ITEM NO. D REQUEST Findings: Preliminary Plat approval of 3 building lots on 5.40 acres in an I-L zone for Cafarelli Industrial Subdivision - north side of Franklin Road west of Linder Road 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Findings -t/ \)~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~1\~s Date: '/CIb[ ro Phone: ~~""7873 ~ Materials presented at public meetings shall become property of the City of Meridian. ( ECEIVED JUL. 2 -0 2000 CITY OF MERIDIAN ICE interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Cafarelli Industrial Subdivision By: Bill Cafarelli File: PP-OO-012 Date: July 19,2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their July 18~_~,OOO ~eeting. ~eFindings~llbeontheCouncil'sagenda~ eeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian I 5360M\Cafarelli Industrial Sub PP\Berg071900PP.Mem ~\ Z:\Work\M\Meridian 15360M\Cafarelli Industrial Sub PP\Berg07 I 900PP.Mem BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 07-19-00 IN THE MA ITER OF THE REQUEST FOR PRELIMINARY PLAT FOR CAFARELLI INDUSTRIAL SUBDIVISION ) ) ) ) ) ) ) ) ) Case No. PP-OO-012 BY: BILL CAFARELLI, APPLICANT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 18, 2000, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying was owner of the property, Thomas Bevan, and no one appeared in opposition, .and the City Council having received a report from Bruce Frecldeton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOY, 8,1999, SHEET 1 OF 1, DWG. NO.: SDS-991108, By: B. &A. ENGINEERS, INC., THOMAS M. BEYAN, JR./OWNER, FINDINGS OF F~ACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-OI2) - I BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is llerein received and adjudged by the City Council pursuant to Meridian City Code ~ 1~-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Light Industrial District (I-L), and requires connection 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 determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions.hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the Cit)r's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-012) - 2 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 developlnent. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8,1999, SHEET 1 OF 1, DWG. NO.: SDS-991108, By: B. &A. ENGINEERS, INC., THOMAS M. BEYAN, JR./OWNER, BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-012) - 3 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOY, 8, 1999, SHEET I OF 1, DWG. NO.: SDS-991108, By: B. &A. ENGINEERS, INC., THOMAS M. BEVAN, JR./OWNER, BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Sanitary sewer service to Lots 2 and 3 of this development shall be via extensions from existing mains installed in Franldin Road. Service to Lot 1 is not available at this time. Lot 1 shall be served from a branch of the future Black Cat Trunl(. If this subdivision is approved, sanitary restrictions shall remain in force on Lot 1. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2 .2 Water service to this site shall be via an extension from the existing main installed in Franldin Road. Applicant shall he responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Departmentw Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.3 Underground year-round pressurized irrigation shall be provided to all landscape areas on sitew Submit hool(-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP..OO-OI2) - 4 ( primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.4 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public W orles Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creele 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 landscaped area along Franldin Road prior to signature on the final plat. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.5 That the landscape buffer for Lot 1 and Lot 2 remain at 35 feet; the landscape buffer for Lot 3 shall be 20 feet. 2.6 The landscape buffer along Franldin Road shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. The landscape buffer area be bermed and that no stormwater retention area be allowed within the landscaped setbacl<. unless design details are submitted that clearly show the area , will comply with the goals of the Comprehensive Plan. If these areas are indeed retention ponds, standing water within the ponds could be a common occurrence and create nuisance conditions. Depressed areas for stormwater detention do not create an aesthetically pleasing appearance desired along entryway corridors. 2. 7 Detailed landscape plans for the Franklin Road landscape buffer shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-012) - 5 2.8 The driveway locations as shown do not meet Ada County Highway District requirements. A shared driveway approach is to be located on t~e common property line between Lots 1 and 2. The driveway on Lot 3 is to be removed, with access to be taken from the 60' access easement/public or private road on the eastern property boundary. All driveway locations are to be in compliance with Ada County Highway District requirements. 2.9 There is an existing landlocked piece of property north of the Eight Mile Lateral that is adjacent to this property. A 60-foot-wide access easement · is shown on the easterly boundary of the plat. Although the Ada County Highway District references a future public road to the landlocl<ed parcel from Linder Road, no plans have been submitted for approval by the City of Meridian. All roadways shall be in compliance with Ada County Highway District requirements. There shall be a removal only when the 60 foot road becomes public. 2.1 0 N"o waiver of the tiling requirement has been requested for the Eight Mile Lateral. If the Eight Mile Lateral is not piped, permanent, non- combustible fencing shall be required along the easement of the Eight Mile Lateral. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to he in place prior to issuance of building permits. 2.11 The proposed restrictive covenants submitted with the preliminary plat need to be reviewed by the City Attorney and approved by the Meridian City Council. The dimensional standards shown on page 6 appear to be incorrect and do not meet City Ordinance requirements. The minimum front setbacl< requirement in an I-L zone is 35 feet. 2.12 A~d "and City of Meridian Zoning Schedule of Use Control" to the end of Note 11. 2.13 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall he approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-OI2) - 6 the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.14 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.15 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 2.16 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11- 13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.1 7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parl<ing areas. All site drainage shall be contained and disposed of on-site. 2.18 Outside lighting shall he designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 2.19 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 2.20 Provide five-fa at-wi de sidewalks in accordance with City Ordinance (Ord. 12-5-2.I(). 2.21 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.22 Submit letter from the Ada County Street Name Committee, approving . the subdivision and street names. Make any corrections necessary to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-OI2) - 7 conform. 2.23 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.24 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessrnent Agreement with the City of Meridian for all commercial uses. 2.25 Two-hundred-fiftyand lOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall he installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 2.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the ~ecommendations of the Ada County Highway District as follows: 2.30 Dedicate 48-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-OI2) - 8 2.31 Locate a 24 to 30-foot wide driveway, approximately 21 O-feet east of the west property line as a shared driveway between Lots I and 2 as proposed. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Franldin road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 2.32 Locate a temporary driveway as proposed approximately 140 feet west of the east property line. This temporary driveway shall he eliminated when a shared driveway or public street is constructed within the existing 60-foot access easement. Pave the access its full required width and at least 3D-feet beyond the edge of pavement of Franldin road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 2.33 Construct 5-foot wide concrete sidewall< on Franklin Road abutting the three parcels. Locate the sidewalk within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewall< with District staff. 2.34 Provide the District with a recorded cross access agreement among the three parcels for shared access to the public street system. 2.35 Provide the District with a recorded cross access agreement across Parcel 3 for access to the parcel to the north for the shared access to the public street system. 2.36 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.37 Restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 2.38 Other than the access point specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.39 The Nampa & Meridian Irrigation District's Yon and Eightmile Laterals FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP-OO-OI2) - 9 ( ( course along the north boundary of the proposed project. Any encroachments within the easement of the V on or Eightmile Lateral shall be approved with a License Agreement. By action of the City Council at its regular meeting held on the /Sr day of l1utj;usr , 2000. ROLL CALL: COUNCILMAN ANDERSON VOTED: a'je COUNCILMAN BIRD VOTED: ~/e l COUNCILWOMAN DeWEERD YOTED: att~ COUNCILWOMAN McCANDLESS VOTED: Ctt(~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED: MOTION: < APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City ClerIc ated: B--( ~O 0 msglZ:\Work\M\!v1eridian 15360M\Cafarelli Industrial Sub PP\FfCIsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI lNDUSTRlAL SUBDIVISION / (PP-OO-OI2) - 10 ( July 24, 2000 PP 00-011 MERIDIAN CITY COUNCIL MEETING APPLICANT Robert Glenn August 1,2000 ITEM NO. c REQUEST Findings: Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres acres in an R-4 zone - north of Ustick Road west of Locust Grove Road 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: CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Findings INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: (Z..b ~ ~ Date: 'Itffo /.QO Phone: ~1g~ <&ODI Materials presented at public meetings shall become property of the COy of Meridian. ( ( July 24, 2000 CUP 00-030 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Larry A. Eld, DVM ITEM NO. G REQUEST Findings: CUP for proposed pet cemetery for Memorial Pet Care in on I-L zone at the Meridian Business Park - 654 East King street 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Findings , ~rA) INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: U1It Date: /!dfp { OV Phone: ~'b 1.--1 " ,,~ Materials presented at public meetings shall become property of the City of Meridian. ( To: William G. Berg, Jr. ECEIVE JUL 2 6 2000 CITY OF MERIDIAN CITY CLERK OFFICE interoffice MEMORANDUM From: William F. Nichols Subject: LARRY ELD, DVM, PET CEMETERY File No.: CUP-OO-030 Date: July 20, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council' at their July 18,2000, meeting. The Findings will be on the Council's agenda for their August 1,2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. ' Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msWZ:\ W o rk\M\Meridi an 15360 M\Memorial Pet Care\ClkLtrCUPffcls&Order30 ( I..... . . . . ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MA ITER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MEMORIAL PET CARE CEMETERY I-L ZONE LOCATED AT 654 E. lONG STREET, MERIDIAN, IDAHO LARRY ELD, DVM, APPLICANT. 07 - 20-00 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 18,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Larry Eld, DVM, and no one appeared in opposition, and the City Council having dilly considered the evidence an~ the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD,DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - 1 /" f I ... ..... ( FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weel<s prior to the said public hearing scheduled for July 18,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 18, 2000, public hearing; and the applicant, affected property owners, and govemment"subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express cormnents and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a Meridian (I - L), by reason of the provisions of the Meridian City Code ~ 11-17 -4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - 2 (' (' 4. The property is located at 654 E. IGng, Meridian, Idaho. 5. The owner of record of the subject property is Larry Eld of Meridian. 6. Applicant is owner of record. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2N. 8. The proposed application requests a conditional use permit for a pet cemetery addition to existing pet care operation. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use" as determined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I..L (CUP..OO..030) .. 3 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to he. required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendation from the Meridian Fire Department as follows: 12.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the :Recommendations of the Planning and Zoning staff as follows: 12.2 A drainage plan designed by a State of Idaho licensed architect or engineer · s~all he required and shall be submitted to the City Engineer (Ord. 557, 10- 1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.3 All signage shall be in accordance with the standards set forth in Section 11- 14 of the City of Meridian Zoning and Development Ordinance. 12.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.5' No additional sewer or water services are required for this use. 12.6' One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13 -4.B .3 .c. A detailed landscape plan showing compliance with this requirement shall be submitted at the time of Certificate of Zoning Compliance and Building Permit application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) .. 4 ( 12.7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.8 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 12. 9 The existing monument sign, located in the southwest comer of the site, shall be approved with this application, as it complies with Section 11-14 of the City Ordinance. Any new signage is not approved with this application, and will require separate sign pennits. 12.10 This conditional use pennit shall he subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use pennit shall need to . be submitted and approved by the Zoning Administrator for any new owners/tenants. However, the Applicant was granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. VAR-OO- 012, for Memorial Pet Care Cemetery, but in the future if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 12.11 Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. However, cemeteries (or a similar use) are not specifically listed in the parlGng schedule Ordinance. The number of parking spaces shall be detennined and approved, and then provided as required. 12.12 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and D",evelopment Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) · 5 ( Meridian Z<?nil1g and Development Ordinance because: 13.1 The subject property is designated on the uGeneralized Land Use Map" as "Existing Urban". 14. The uses proposed "Within the subject application subject to the conditions herein ordered "Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed "Within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed "Within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to' any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) .. 6 ( CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the ttAct" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the ttAct" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the UCity of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the eVidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17 -3) a. Will, in fact, constitute a conditional use as determined by City policy; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) .. 7 ( b. \lVill be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. \t\Till not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in an Light Industrial District (1- L), a public hearing shall be conducted with notice to he published and provided to property ovVners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - 8 ( Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or' approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. · Control the sequence and timing of developlnent; c. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G . Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED looL (CUP-OO-030) - 9 ( 8. : The City of Meridian has, by ordinance, established the Impact Area and the Compre~ensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a pet cemetery for Memorial Pet Care, subject to the follo~ng conditions of use and development: Adopt the Recommendation from the Meridian Fire Department as follows: 1.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the Recommendations of the Planning and Zoning staff as follows: 1.2 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10- 1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.3 All signage shall he in accordance with the standards set forth in Section 11- 14 of the City of Meridian Zoning and Development Ordinance. 1.4 . All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 · No additional sewer or water services are required for this use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY E~D, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - 10 1.6 One (1) three-inch (3") caliper tree is required per 1 ,500 sq. ft. of asphalt on the site as per City Ordinance 11-13 -4.B .3 .c. A detailed landscape plan sho'Wing compliance 'With this requirement shall be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 1. 7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1. 8 All off-street parking areas and drive aisles shall be paved, as pef City Ordinance. 1. 9 The existing monument sign, located in the southwest comer of the site, shall be approved with this application, as it complies 'With Section 11-14 of the City Ordinance. Any new signage is not approved 'With this application, and 'Will require separate sign permits. 1.10 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new . owners/tenants. However, the Applicant was granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. V AR-OO- 012, for Memorial Pet Care Cemetery, but in the future if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.11 Off-street parking shall be provided in accordance 'With Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. However, cemeteries (or a similar use) are not specifically listed in the parking schedule Ordinance. The number of parking spaces shall be determined and approved, and then provided as required. 1.12 Paving and striping shall be in accordance 'With the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans 'With Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - II ( 2. 'The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17 -9. 3. The above conditions are concluded to he reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permi t. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public W orles Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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 denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! .$ r day of ftucru-S r , 2000. ROLL CALL: ' COUNCILMAN RON ANDERSON VOTED tiJt~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-OO-030) - 12 ( ( COUNCILPERSON I<EITH BIRD VOTED CUfe COUNCILMAN TAMMY deWEERD VOTED Wfe, COUNCILMAN CHERIE McCANDLESS VOTED CLyf/ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: MOTION: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Cler Dated: 9J~1 ,--00 msgjZ:\ W ork\M\Meridian 15360M\Memorial Pet Care\CUPFindings30 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM / MEMORIAL PET CARE CEMETERY ZONED 1-L ( CUP ..00-030) .. 13 -/".... ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) LARRY ELD, DVM, FOR A CONDITIONAL ) USE PERMIT FOR A PET CEMETERY FOR ) MEMORIAL PET CARE I-L ZONE LOCATED ) AT 654 E. lONG STREET, MERIDIAN, IDAHO) ) ) ) ) 07 -20-00 CASE NO. CUP-OO-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code S 11-17 -4 for final action on conditional use permit ~pplication and the Council having received and approving the Recommen~ation of the Planning and Zoning Commission the Council takes the following a~tion: 1. That the Applicant of the property is granted a conditional use permit for a pet cemetery fo! Memorial Pet Care, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a pet cemetery for Memorial Pet Care, as described in the proposed "SITE PLAN" attached hereto as Exhibit "A", and consisting of one page, and incorporated herein as if set forth in full. herein, for the development of the aforementioned development for a pet cemetery for Memorial Pet Care, and which property is described as: A parcel of land being a portion of Block 2 of MERIDIAN BUSINESS AND INDUSTRIAL PARlC, a subdivision, as filed for record in Ada County, Idaho, which parcel is more particularly described as follows: ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT BY LARRY ELD, DVM, / PET CEMETERY FOR MEMORIAL PET CARE / CUP-OO-030 PAGEIOF4 ( Commencing at the Northwest corner of said Block 2, said point being common to East 5th Avenue, Bower Street, and said Block 2; thence South 89032'46" East 347. 72 feet to a point; thence North 00029'06" East 41.77 feet to a point; thence South 89033'57" East 33.00 feet to a point; thence North 00029'06" East 164.38 feet to a point; thence South 88029'01" East 546.78 feet along the Northerly boundary of said Block 2 to a point; thence South 00031' 11 II West 291.68 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 00031' 11 " West 82.14 feet to a point; thence North 89050'10" West 265.17 feet to a point; thence North 00031' 11" East 82.14 feet to point; thence South 89050'10" East 265.17 feet to the POINT OF BEGINNING. 2. That the above named applicant is granted a conditional use permit for a pet cemetery for Memorial Pet Care, located at 654 E. I(jng Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendation from the Meridian Fire Department as follows: 2.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the ~ecommendations of the Planning and Zoning staff as follows: 2.2 A dra~nage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on.-site. 2.3 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 No additional sewer or water services are required for this use. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY LARRY ELD, DVM, / PET CEMETERY FOR MEMORIAL PET CARE / CUP-OO-030 PAGE 2 OF4 ( 2.6 One (1). three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site 'as per City Ordinance 11-13 -4.B .3 .c. A detailed landscape plan showing compliance with this requirement shall he submitted at the time of Certificate of Zoning Compliance and Building Permit application. 2.7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.8 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 2.9 The existing monument sign, located in the southwest corner of the site, shall be approved with this application, as it complies with Section 11-14 of the City Ordinance. Any new signage is not approved with this application, and will require separate sign permits. 2.10 This conditional use permit shall be subject to review upon ten (10) days notic~ to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owneTs/tenants. However, the Applicant was granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. VAR-OO- 012, for Memorial Pet Care Cemetery, hut in thefuture if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.11 Off-street parking shall he provided in accordance with Section 11-13 of the City 9f Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. However, cemeteries (or a similar use) are not specifically listed in the parking schedule Ordinance. The number of parking spaces shall be determined and approved, and then provided as required. 2.12 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT BY LARRY ELD, DVM, / PET CEMETERY FOR MEMORIAL PET CARE / CUP-OO-030 PAGE 3 OF 4 ( Develop:t1lent Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the , 2000. $r day of D. Corrie, Mayor City of Meridian Copy served, upon Applicant, the Planning and Zoning Department, Public W orles Department and City Attorney. Dated: 8 ~I ,.-{)o msg/Z:\ W ork\M\Meridian 15360M\Memorial Pet Care\CUPOrder30 ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT BY LARRY EL.D, DVM, / PET CEMETERY FOR MEMORIAL PET CARE / CUP-OO-030 PAGE 4 OF 4 'N ?~~ :t>e. T C c:;v\ E l'E12-'f s \ 1"1:: p~ , r ~ }- o ...-J I I I i I l JAr" I~ I to ~ I"''t i,r- ~t l..L..J I ~ 1 1= ~I I~ tl laD ~I 'UJ '-Jl I en · I ,CO I(/) 1 1 I I I I 1 I i I I I t 1 I l r I I l 1 I f I I J I ] I I I : ~ -,- - - - - -\ - ..... ~ ~ : '\, I ... ~ ............... .... ~ ....--. ... 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CITY COUNCIL CHAMBERS Roll-Call : X Tammy deWeerd K Cherie McCandless X Ron Anderson 't- Keith Bird ~ Mayor Robert Corrie tLrri Vi d ~ ~: 1& fJ I Yh-. Consent Agenda A. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: 7tc1J1 e fo ~pt 5 'V[eeh~ B. Amended Findings of Facts and Conclusions of Law: CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park- and-Ride lot for 1 00 vehicles by Ada County Highway District currently in a C-G zone - southwest comer of Meridian Road and northeast corner of Overland Road: Tahle Iz; ~f. 5 Melh-"1r C. Findings of Facts and Conclusions of Law: PP 00-011 Request for Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres in an R-4 zone by Robert Glenn- north of Ustick Road and west of Locust Grove Road: I}ppuJv'-{ D. Findings of Facts and Conclusions of Law: PP 00-012 Request for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.40 acres in an I-L zone - north side of Franklin Road west of Linder Road: J4ppr6~ E. Findings of Facts and Conclusions of Law: CUP 00-029 Request for Conditional Use Permit for proposed processing of medical claims I insurance billing on property located in an R-15 zone by Sarah O'Neal - 1447 Sandalwood Drive: A-fprc ve,. F. Findings of Facts and Conclusions of Law: V AR 00-012 Request for Variance allowing 'a gravel driveway and parking lot rather than paved for Memorial Pet Care by Larry A. Eld., DVM - 654 East King Street: kppr~ August 1, 2000 Meridian City Council Agenda Page 1 Materials presented at public meetings shall become property of the Meridian City Council. ( ( ( G. Findings of Facts and Conclusions of Law: CUP 00-030 Request for Conditional Use Permit for a proposed pet cemetery for Memorial Pet Care by Larry Eld, DVM, currently in an I-L zone at the Meridian Business Park - 654 East King Street: tfpprt/~ H. Development Agreement: AZ 00-011 Annexation and zoning of 3.4 acres from RT and R 1 to R-15 for proposed Penn Station Apartments by Pangaea Land Planning - south of Fairview Avenue on the east side of Stonehenge Way: Awr-D~ fleSdrlIA.11~ Mo. 83~ Regular Agenda 1. (items moved from Consent Agenda) 2. Ordinance No. eB I : AZ 00-011 Annexation and zoning of 3.4 acres from RT and R 1 to R-15 for proposed Penn Station Apartments by Pangaea land Planning - south of Fairview Avenue on the east side of Stonehenge Way: It-fflYO ~ 3. Ordinance No. ~f3 2--: AZ 00-004 Request for annexation and zoning of 16.119 acres from R- T to C-G for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Itppv~ 4. Continued Public Hearing: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home - northwest corner of East Pine Avenue and Adkins Way: : /}.f.fvr 10 ?PI ~ 5. Continued Public Hearing: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: Ap, " ft; ;t::p( U--. 6. Continued Public Hearing: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 1 0 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: : --k FPI ~ 7. Continued Public Hearing: VAR 00-006 Request for variance of the 1 ,ODD-foot block length for proposed Timber View Subdivision by Victory August 1, 2000 Meridian City Council Agenda Page 2 Materials presented at public meetings shall become property of the Meridian City Council. 8. 9. 10. 11. 12. 13. 14. 15. 16. ( ( 41, LLC, currently in an RT zone and proposed R-4 zone - north of Victory Road and east of Meridian Road: I Iv ;. teL. 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No. 2 by R2 Development - north of Franklin Road ~nd west of Eagle Road: ! : /-f' fv ~ r:r: CL Public earing: VAC 00 06 Request for vacation along the common lot line between lots 23 and 22 0 Block 1 0 - located at the Lakes at CherrY Lane No.6: fJ-wtfl1l< ~ ct.A-. --/lLl1'floh'CL {i:y rJr.5 Public Hearing: VA 00-014 Request for a variance of the 3D-foot front yard setback required in the L-Q zone, proposing a 20-foot front yard setback by the City of Meridian - West side of Ten Mile Road approximately % mile north of Cherry Lane: ~ to ~rPltL.. CUP 00-0 Request for a Cond ional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C-G zone: ~ -to PFI LL. CUP 00-036 Reques for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street - east of First Street and south of the railroad tracks: -10 pr; ( CL. CUP 00- 37 Request fo Con itia al Use Permit for a proposed addition of 2,574 5.f. to the existing 4,715 s.f. telephone equipment building by US West Communications currently in an OT zone - NE corner of Meridian Road and Idaho Street: ~ ftJ rF !CL.. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: A- tv ~ PFI C,L,. FP 00-01 Request for al pia ap roval of 1.0 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No. 2 by Ronald Van Auker - north of Franklin Road and west of Eagle Road: ~~ ~ FPt~ Department Reports: A. City Council President - Keith Bird: August 1. 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shall become property of the Meridian City CounciL 1 l~" /" t "" \ 1. Discussion of MonthlY Expenditures and Revenue Report by outside auditors: ]:>1sau:.:U.d z. Htt~ [cd~ P~kNf W - IHIu 70 City Engineer - Gary Smith: - . ~ T 1 B. 1. Request from Chris Williams to enter into a Latecomer Agreement for a sewer line extended to serve Lansbury Lane Subdivision: It '*' ~ ~ 2. 1000 Springs Subdivision - License Agreement with NMID: C. Planning & Zoning - Sari Stiles: 1. Request for Private Road for Building East of R. C. Willey by Ronald Van Auker: August 1 f 2000 Meridian City Council Agenda Page 4 Materials presented at public meetings shall become property of the Meridian City Council. -c c: OJ. r nO - :I: m -11 z G>~ cnm -;0 G>_ ~c z> cnZ :I: m m -I