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Home My WebLink About2000 06-06 MERIDIAN CITY COUNCIL AGENDA June 6, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll-Call : X Tammy deWeerd X X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bird Consent Agenda A. Approve minutes of May 16, 2000, City Council meeting: Approve B. Approve minutes of May 16, 2000, Special City Pre-Council meeting: Approve c. Approve minutes of May 23, 2000, Special Meeting: Approve D. Tabled May 16, 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 June 20, 2000 E. Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-01 0 Request for preliminary plat for. proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Table to June 20,2000 F. Findings of Fact and Conclusions of Law: V AR 00-008 Request for parking variance - reduction in required parking spaces for Generations Park Plaza II by Gary Benoit - at East 1 5t Street and East Pine Avenue: Approve G. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R- T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Table to June 20,2000 June 6. 2000 - Page 1 Materials presented at public meetings shall become property of the Meridian City Council. H. Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 1 0 building lots and 2 other lots on 12. 73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Table to June 20, 2000 I. Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker I Gold River Companies, Inca for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128-unit apartment complex, townhouses and office on 12a73 acres in proposed L-O and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: Table to June 20, 2000 J. Findings of Fact and Conclusions of Law: AZ 00-007 Request for annexation and zoning of 6.68 acres from RT to L-Q for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve K. Findings of Fact and Conclusions of Law: CUP 00-020 Request for Conditional Use Permit to construct 8 office buildings on 6a68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve L. Findings of Fact and Conclusions of Law: PP 00-007 Request for Preliminary Plat approval of eight lots on 6.68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve M. Findings of Facts and Conclusions of Law V AR 00-009 Request for a variance to defer landscaping and asphalting of the parking lot for up to 24 months t.9 allow applicant to design and construct a building in an I-L zone by James Aimonetto - 2204 'E. Lanark St.: Approve N. Findings of Fact and Conclusions of Law: RZ 00-002 Request for rezone of 76.24 acres from I-L to R-4 for all phases of Crossroads Subdivision - % mile south of F airview Avenue on the east side of Eagle Road: Approve o. Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): Approve Resolution No. 325 P. Approve bills: Approve June 6t 2000 - Page 2 Materials presented at public meetings shall become property of the Meridian City Council. Reaular Aaenda Item 1. (items moved from Consent Agenda) 2. Ordinance No. 875: New proposed Chateau Park Ordinance: Approve 3. Ordinance No. 846: Amended Ordinance 846: Approve 4. Appeal of Zoning Administrator's interpretation of the Ordinance by Tim Bever: Approve Appeal 5. Tabled from May 16, 2000: CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road: Applicant withdraws application 6. Tabled from May 16, 2000: FP 00-007 Request for Final Plat approval of 102 lots and 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: Approve with Conditions 7. Tabled from May 16, 2000: FP 00-008 Request for Final Plat approval of 164 building lots and 41 other lots on 50.9 acres with in an R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC - east side of South Locust Grove % mile south of Franklin Road: Approve with Conditions 8. Continued Public Hearing from May 16, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres arid proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1 005 East F airview Avenue: Continue public hearing to June 20,2000 9. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law June 6, 2000 -- Page 3 Materials presented at public meetings shall become property of the Meridian City Council. 10. Public Hearing: RZ 00-003 Rezone of 37.64 acres from an R-4 to an L- a zone for proposed Resolution Business Park by G.L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 11. Public Hearing: CUP 00-017 Request for Conditional Use Permit for proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LOS seminary in proposed L-Q and C-G zones by G.L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 12. Public Hearing: PP 00-006 Request for Preliminary Plat approval of 17 building lots and 2 other lots on 1 07.06 acres for proposed Res_olution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 13. Public Hearing: CUP 00-015 Request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker room and equipment storage for proposed Resolution Business Park I Lee Smith Ice Arena by Pat McKeegan - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 14. Public Hearing: CUP 00-016 Request for Conditional Use Permit for a 20Q-unit luxury apartment complex in a proposed L-O zone for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 15. Public Hearing: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: Continue Public Hearing to June 20,2000 16. Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: Continue Public Hearing to June 20, 2000 17. Public Hearing: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem June 6. 2000 ~ Page 4 Materials presented at public meetings shall become property of the Meridian City Council. Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20, 2000 18. Public Hearing: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20, 2000 19. Public Hearing: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: Continue Public Hearing to June 20, 2000 20. CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone: Attorney to prepare Findings of Fact and Conclusions of Law for approval 21. CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two-story retail/office building in an OT zone - East 1st and East Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for approval 22. CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: Table Until July 5, 2000 23. CUP 00-027 Request for Conditional Use Permit by Meridian Joint School District No. 2 for a Conditional Use Permit for a marketing education classroom to accommodate two non-concurrent classes of 25- 30 students each currently in a C-G zone - 357 Watertower Lane: Attorney to prepare Findings of Fact and Conclusions of Law for approval 24. Water, Sewer and Trash Delinquencies: Approve 25. Department Reports A. Mayor Robert Corrie: 1. Appointment to Planning and Zoning Commission: Bill Nary - Approve June 6, 2000 - Page 5 Materials presented at public meetings shall become property of the Meridian City Council. 2. Web Page: Approve Empire Computing Company B. City Engineer - Gary Smith: 1. WWTP - Digester/Clarifier Project, Change Order No.3: Approve c. City Planner - Shari Stiles: 1. Discussion of Star Impact Area: Discussed - letter sent by Mayor D. Police Chief - Bill Gordon: 1. NNO Parade: Approve June 6. 2000 ~ Page 6 Materials presented at public meetings shall become property of the Meridian City Council. Approve minutes of May 16,2000, City Council meeting: PlfrtJ~e, Approve minutes of May 16, 2000, Special City Pre-Council meeting: t!jfJ rpl/.J!!-.; Approve minutes of May 23, 2000, Special Meeting: v--fpn~ Tabled May 16, 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: -fd/-bt.e Iv ,~ 2tJ~ ~ Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: ~M:R- to ~ 2LJ (): ~, Findings of Fact and Conclusions of Law: V AR 00-008 Request for parking variance - reduction in required parking spaces for Generations Park Plaza II by Gary Benoit - at East 1 st Street and East Pine Avenue: 4'~V~ Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R- T to L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: . -/7ttr& .~ ~ 2p ft- ~f[j- c Findings of Fact and Conclusions of Law: PP 00-005 Request by. Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 1 0 building lots and / A"U<- fu- .J-rZv-~ EQ 1!- /Iffg-. Roll-Call: A. B. c. D. E. F. G. H. June 6, 20q.~ - Page 1 MERIDIAN CITY COUNCIL AGENDA June 6, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Tammy deWeerd K Cherie McCandless Ron Anderson X Keith Bird ^ Mayor Robert Corrie Consent Agenda Materials presented at public meetings shall become property of the Meridian City Council~ I. 2 other lots on 12.73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: -fL,UR. Ao J~ 2t;> fJ:- I1VIeJ: Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: ~I>&? -f.:::> ~ 2dl (L. ~ Findings of Fact and Conclusions of Law: AZ 00-007 Request for annexation and zoning of 6.68 acres from RT to L-Q for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: tl,ppyOV~ Findings of Fact and Conclusions of Law: CUP 00-020 Request for Conditional Use Permit to construct 8 office buildings on 6.68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Cl,oprt'v-e- Findings of Fact and Conclusions of Law: PP 00-007 Request for Preliminary Plat approval of eight lots on 6.68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between F airview Avenue and Ustick Road: ~ ~v'€- Findings of Facts and Conclusions of Law V AR 00-009 Request for a variance to defer landscaping and asphalting of the parking lot for up to 24 months to allow applicant to design and construct a building in an I-L zone by James Aimonetto - 2204 E. Lanark St.: ~v-.e.- Findings of Fact and Conclusions of Law: RZ 00-002 Request for rezone of 76.24 acres from I-L to R-4 for all phases of Crossroads Subdivision - % mile south of Fairview Avenue on the east side of Eagle Road: ~f/~- Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): &t/p[tY'DV'L R.e~ ~ jft 4pfYOV'e- /h7lr -- tL flHlv~ Reaular Aaenda J. K. L. M. N. o. fJ. Item 1. (items moved from Consent Agenda) June 6t 2000 - Page 2 Materials presented at public meetings shall become property of the Meridian City Council. ( : New proposed Chateau Park Ordinance: ~II~ 2. Ordinance No. 3. Ordinance No. 846: Amended Ordinance 846: tl~ ,,~~ 4. Appeal of Zoning Administrator's interpretation of the Ordinance by Tim Bever: t:ijJprPv~ tV~fle~) 5. Tabled from May 16, 2000: CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for RV sales, RV retail and repair in an I-L zone - 2490 W. F~anklin RC?ad: ,~ .,-A ,-_ } ~fJ;z?~-f-~t.f1 ,ca'/~ 6. Tabled from May 16, 2000: FP 00-007 Request for Final Plat approval of 102 lots and 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: ~-?p-rCJ V-L tJi.);~ CQn-c,:tI17 ~ f 7. Tabled from May 16, 2000: FP 00-008 Request for Final Plat approval of 164 building lots and 41 other lots on 50.9 acres with in an R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC - east side of South Locust Grove % mile south of Franklin Road: ~V~ wfnvCIrrLtlt~hb-n.J 8. Continued Public Hearing from May 16, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: ~.~ . 9. Public Hearing: 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: /1; f ~ . I a~1 -fo ~I'''~ -r"J I , C /'-i 10. Public Hearing: RZ 00-003 Rezone of 37.64 acres from an R-4 to an L- a zone for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: tt~,# f17 jJ~ -/'/~1cl.e~ 11. Public Hearing: CU 00-017 Request for Conditional Use Permit for proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LOS seminary in proposed L-Q and C-G zones by G.L. Voigtl Overland, LLC - south of Overland Road and east of Locust Grove Road: a~'J {.o A...eL,c/.,c, c/~ 12. Public Hearing: PP 00-0 6 Request for Preliminary Plat approval of 17 building lots and 2 other lots on 107.06 acres for proposed Resolution Business Park by G.L. Voigt I Overland,- LLC - south of Overland Road and east of Locust Grove Road: /1 r f" I a~~€1 fo.Jl'l.,Lp~~/~ t{~. June 6, 2000 - Page 3 J Materiafs presented at public meetings shall become property of the Meridian City Council. Public Hearing: CUP 00-015 Request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker room and equipment storage for proposed Resolution Business Park J Lee Smith Ice Arena by Pat McKeegan - south of Overland Road and east of Locust Grove Road: ~ / -.I - a~~1 Ie ~p~ /,r T cl*, Public Hearing: cOP 00-016 Request for Conditional Use Permit for a 200-unit luxury apartment complex in a proposed L-Q zone for proposed Resolution Business Park by G. L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: tl~~1Io frt-e/,ML -FIt" I € l-e Public Hearing: Jt.Z 00-008 'Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: C"t:r;-.../r ?'II! ~ ~ ;?ell- Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1E: C~~~/# ~7 ~ 2pl'j, Public Hearing: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Cdn '-1 f' III t#v'C~ J~ 2G II::- Public Hearing: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: CfYV1.-'-I- f'IH ~L J~ Zor6:- Public Hearing: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: c~r pilL tvr.;hl ~ 2o~ CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone: P('~7 ~ ~j:'tY~ H~ I elL CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two-story retail/office building in an OT zone - East 1 st and East Pine Avenue: d fo flXl'~~/f 1G/( 13. 14. 15. 16. 17. 18. 19. 20. 21. June 6, 2000 - Page 4 c Materials presented at public meetings shall become property of the Meridian City Council~ 22. 23. 24-~ 2f; Y ('" CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: ~ tvz-t7? Jl<L!i S:?L CUP 00-027 Request for Conditional Use Permit by Meridian Joint School District No. 2 for a Conditional Use Permit for a marketing education classroom to accommodate two non-concurrent classes of 25- 30 students each currently in ~a C-G zone - 357 Watertower Lane: <<~fp~ ft, WM~( Je~1 7fa-JA, 4<.L'h~ - ~p~~ ~f Department Reports A. Mayor Robert Corrie: 1. Appointment to Planning and Zoning Commission: &1/ #/t;f!j a,/J fY'" v ~ 2. Web Page ~V:L E~J~ ~r~J4.-t+"k3 B. City Engineer- Gary Smith: 1. WWTP - Digester/Clarifier Project, Change Order No.3: ~V~ C. City Planner - Shari Stiles: 1. Discussion of Star Impact Area: ~I J cu.fJ'et:0 lelf~ feJvt 6,:/ frt~v 0- ~ 6crtdc;- (< CL'pr r-ov R-. tV (\{ 0 p J.f.;L a.- 4 June 6.2000 - Page 5 Materials presented at public meetings shall become property of the Meridian City Council. ( ( MERIDIAN CITY COUNCIL AGENDA June 6, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll-Call : X Tammy deWeerd X X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bird Consent Aaenda A. Approve minutes of May 16, 2000, City Council meeting: Approve B. Approve minutes of May 16, 2000, Special City Pre-Council meeting: Approve c. Approve minutes of May 23, 2000, Special Meeting: Approve D. Tabled May 16, 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 June 20, 2000 E. Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Table to June 20,2000 F. Findings of Fact and Conclusions of Law: VAR 00-008 Request for parking variance - reduction in required parking spaces for Generations Park Plaza II by Gary Benoit - at East 1st Street and East Pine Avenue: Approve G. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R- T to L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Table to June 20, 2000 June 6f 2000 - Page 1 Materials presented at public meetings shall become property of the Meridian City Council. ( ( H. Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 10 building lots and 2 other lots on 12.73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Table to June 20, 2000 I. Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: Table to June 20, 2000 J. Findings of Fact and Conclusions of Law: AZ 00-007 Request for annexation and zoning of 6.68 acres from RT to L-Q for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve K. Findings of Fact and Conclusions of Law: CUP 00-020 Request for Conditional Use Permit to construct 8 office buildings on 6.68 acres in proposed L-O zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve L. Findings of Fact and Conclusions of Law: PP 00-007 Request for Preliminary Plat approval of eight lots on 6.68 acres in proposed L-O zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Approve M. Findings of Facts and Conclusions of Law VAR 00-009 Request for a variance to defer landscaping and asphalting of the parking lot for up to 24 months to allow applicant to design and construct a building in an I-L zone by James Aimonetto - 2204 E. Lanark St.: Approve N. Findings of Fact and Conclusions of Law: RZ 00-002 Request for rezone of 76.24 acres from I-L to R-4 for all phases of Crossroads Subdivision - % mile south of Fairview Avenue on the east side of Eagle Road: Approve o. Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): Approve Resolution No. 325 P. Approve bills: Approve June 6t 2000 - Page 2 Materials presented at public meetings shall become property of the Meridian City Council. Reaular Aaenda Item 1. (items moved from Consent Agenda) 2. Ordinance No. 875: New proposed Chateau Park Ordinance: Approve 3. Ordinance No. 846: Amended Ordinance 846: Approve 4. Appeal of Zoning Administrator's interpretation of the Ordinance by Tim Bever: Approve Appeal 5. Tabled from May 16, 2000: CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road: Applicant withdraws application 6. Tabled from May 16, 2000: FP 00-007 Request for Final Plat approval of 102 lots and 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: Approve with Conditions 7. Tabled from May 16, 2000: FP 00-008 Request for Final Plat approval of 164 building lots and 41 other lots on 50.9 acres with in an R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC - east side of South Locust Grove % mile south of Franklin Road: Approve with Cond itions 8. Continued Public Hearing from May 16, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: Continue public hearing to June 20, 2000 9. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law June 6t 2000 - Page 3 Materials presented at public meetings shall become property of the Meridian City Council~ (^ ( 10. Public Hearing: RZ 00-003 Rezone of 37.64 acres from an R-4 to an L- a zone for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 11. Public Hearing: CUP 00-017 Request for Conditional Use Permit for proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LDS seminary in proposed L-O and C-G zones by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 12. Public Hearing: PP 00-006 Request for Preliminary Plat approval of 17 building lots and 2 other lots on 1 07.06 acres for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 13. Public Hearing: CUP 00-015 Request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker room and equipment storage for proposed Resolution Business Park I Lee Smith Ice Arena by Pat McKeegan - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 14. Public Hearing: CUP 00-016 Request for Conditional Use Permit for a 200-unit luxury apartment complex in a proposed L-Q zone for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for approval 15. Public Hearing: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: Continue Public Hearing to June 20, 2000 16. Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW 'XI, Section 6, T3N, R1 E: Continue Public Hearing to June 20, 2000 17. Public Hearing: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem June 612000 - Page 4 Materials presented at public meetings shall become property of the Meridian City Councill ( ( Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20, 2000 18. Public Hearing: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20, 2000 19. Public Hearing: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: Continue Public Hearing to June 20,2000 20. CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an 01 zone: Attorney to prepare Findings of Fact and Conclusions of Law for approval 21. CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two-story retail/office building in an OT zone - East 1st and East Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for approval 22. CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron / McDonalds in a C-G zone - 603 South Eagle Road: Table Until July 5, 2000 23. CUP 00-027 Request for Conditional Use Permit by Meridian Joint School District No. 2 for a Conditional Use Permit for a marketing education classroom to accommodate two non-concurrent classes of 25- 30 students each currently in a C-G zone - 357 Watertower Lane: Attorney to prepare Findings of Fact and Conclusions of Law for approval 24. Water, Sewer an-d Trash Delinquencies: Approve 25. Department Reports A. Mayor Robert Corrie: 1. Appointment to Planning and Zoning Commission: Bill Nary - Approve June 6,2000 - Page 5 Materials presented at public meetings shall become property of the Meridian City Council~ (- 2. Web Page: Approve Empire Computing Company B. City Engineer - Gary Smith: 1. WWTP - Digester/Clarifier Project, Change Order No.3: Approve C. City Planner - Shari Stiles: 1. Discussion of Star Impact Area: Discussed -letter sent by Mayor D. Police Chief - Bill Gordon: 1. NNO Parade: Approve June 6. 2000 - Page 6 Materials presented at public meetings shall become property of the Meridian City Council. r".' ~.~... r . ('.-" Meridian City Pre-Council M{ .J June 6, 2000 . Page 1 Meridian City Pre-Council Meetina June 6~ 2000 The special Pre-Council meeting of the Meridian City Council was called to order at 6:40 p.m. on Tuesday, June 6, 2000, by Mayor Robert D. Corrie. Members present: Robert Corrie, Keith Bird, Ron Anderson, Cherie McCandless, Tammy deWeerd. Others present: Shari Stiles, Bill Nichols, Bill Gordon, Gary Smith, Tom Kuntz, Ken Bowers, Will Berg Corrie: I'll open the Meridian City Pre-Council meeting at 6:40 p.m. on June 6, 2000. Council, questions, what do you want to do on the Pre-Council? Bird: Mr. Mayor, we do have one agenda item to add. Item P, approve bills. That's on the Consent Agenda. Back at 24, the first thing on Item 24 would be the water, sewer and trash delinquency, and then we move down to 25 for the Mayor, City Engineer and Planner if that meets with your approval. Corrie: P is the approve bills? Bird: Yes, and that's in the Consent Agenda. Then 24 would be the water, sewer and trash delinquency. Then we'll move the Department Reports to No. 25 if that meets with everybody's approval. Item G. Item H. Item I. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R- T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 10 building lots and 2 other lots on 12.73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128- unit apartment complex, townhouses and office on 12. 73 acres in proposed L-Q and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: Anderson: Mr. Mayor, I have a question of our legal counsel on the Findings of Facts for the Valeri Heights Subdivision. What, with all our options with this Meridian City Pre-Council M[ June 6,2000 . Page 2 (' ~ thing, I have had a conversation with the developer today, and I guess they're having a meeting with the homeowners in the area this week on Wednesday night, and they've addressed some of the issues on the public testimony that we had. I guess what are our options with this? Does it have to be acted on tonight? Could it be tabled for two weeks to find out what the outcome is of the meeting with the homeowners? Nichols: Councilman Anderson, Mayor, members of the Council, if you want to table this item to the 20th pending receipt of additional information, then on the 20th you'd also have to then schedule it for another public hearing to receive that additional information. You'd also have to - one of the Council members voted with the majority would have to move to reconsider their vote, reconsider that decision. Then that motion to reconsider would have to be moved by majority of the Council. So it would have to be a motion to reconsider and motion to re-open the public hearing for the receipt of additional information, rescheduling a public hearing to receive that additional information and then proceeding. Anderson: And then if we don't do that, then it just gets - we accept the Findings and then it goes back to the normal process with any changes that they may come up with; they resubmit that to P & Z? Nichols: They would have to reapply. In other words, if you were to accept these Findings based upon the motion that was approved at the last meeting, then that project that was presented to you would be denied. If they wanted to come back with something different, they'd have to go through the whole process again. Anderson: Okay, thank you. Corrie: Anything else that Council has questions on? Bird: Mr. Mayor, has the staff got any of these Findings? Have they got any questions or details that we should know? Item 15. Public Hearing: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R 1 E: Item 16. Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW 'X, Section 6, T3N, R1 E: deWeerd: Mr. Mayor, on Item 15 and 16, is that withdrawn on Teare Terrace Subdivision? Meridian City Pre-Council Mei, June 6, 2000 . Page 3 Stiles: I received a letter from the applicant, not the applicant, but the owner's attorney asking for it to be withdrawn, that they've withdrawn their consent. But the applic'ant has not withdrawn, so I imagine we still have to go through with the public hearing and have the Finding that notarized consent was withdrawn. I don't know what else to do with that one. We did have the notarized consent. It was submitted with the application, but since the process has started, the applicant's attorney wrote us that letter asking for it to be withdrawn. Nichols: Mr. Mayor, members of the Council, if this annexation request is for more than five acres, then you can annex it without the owner's consent. So this withdrawal of consent effectively removes one of the Iynchpins that have to be in place so - I don't know that there's any reason to go forward with a public hearing given this letter. Stiles: We had asked for the applicant to withdraw the application or figure out with the owner what was going on. I don't know if the terms of the agreement for purchase of the property went through or what, but the applicant hasn't called back or sent anything in to the City that I know of. Nichols: Mr. Mayor, members of the Council, it might be the safest play to just leave it on the agenda, and if the applicant doesn't show up, this letter is entered into the record and close the hearing and deny the application based upon the withdrawal of the consent. Bird: Sounds good. CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: deWeerd: Mr. Mayor, also Item 22 is to be tabled to July 5th as I understand it. Item 22. Bird: Yes, that's what the letter says. (Inaudible discussion amongst Council members) Item D. Item E. Tabled May 16, 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: Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear rr":. Jo-. -.. Meridian City Pre-Council MJ:.. June 6, 2000 . Page 4 ( Creek Subdivision - 326 single-family lots on 150. 79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: deWeerd: One more question for Mr. Clerk. Do we have the Development Agreements for Touchmark and Bear Creek? Have they been signed yet? Berg: Mr. Mayor, members of the Council, no I have not received signed Development Agreements. In fact, discussion with the representative for Bear Creek said to me today that they need to get some changes on the owner signature. So I assume that as soon as that gets taken care of, that will be on the next Council agenda, but until then, I don't have signed documents. deWeerd: Touchmark and Bear Creek. Bird: So we need to pull them off of the Consent since we don't have a Development Agreement. Berg: Or table them, yes. Item G. Item H. Item I. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 10 building lots and 2 other lots on 12.73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128- unit apartment complex, townhouses and office on 12. 73 acres in proposed L-Q and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: deWeerd: Table D and E, then, to June 20th. So, Councilman Anderson, what are you suggesting on G, H and I, if anything? Anderson: I'm not really sure where I want to go with that. I'd like to allow them to have this meeting with the homeowners and see if they can address some of the concerns that they've got that were brought up at the last meeting. deWeerd: So would you recommend tabling that? Meridian City Pre-Council Mi .j June 6, 2000 · PageS (r~' Anderson: We would need to hold those. Table them. Bird: We can table them until June 20th on those if that is what you want to do. Anderson: But then we'd have to re-open the public hearing on the 20th, right? Bird: That is if you - Corrie: You couldn't open it. You've got to post it first. Nichols: Councilman Anderson, Mayor, members of the Council, the 20th would be too soon to have another public hearing because of the publication of notice requirements, but it sounds to me that what the Council is asking .for is to find out if there's some resolution of the neighborhood issues, and if the answer is that they think they have the neighborhood issues resolved, then at the 20th you can re-open this matter and schedule it for a date certain to get the details of that neighborhood workout. If, on the other hand, the word comes that they didn't get those things worked out, then you deal with these findings as they were presented. That's the way I see it going so rather than tabling it to July 5th and then reschedule a hearing for that date and so forth, maybe there's nothing to come. Maybe there's no resolution. Anderson: But if you get a new public hearing at that point and find out there was a resolution, then you'd have to prepare new Findings if there was anything new. Nichols: Right. We'd have to do new - there would be a new motion and a new set of Findings to take in the additional information. (inaudible discussion amongst Council members) Bird: Do you want to pull those? Anderson: I'd like to pull G, H and I until the 20th. Item O. Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): deWeerd: Mr. Mayor, City Councilman Anderson, do you or Chief Bower have any comment on Item O? Anderson: 1'1( let Kenny speak to any changes to that. It's really just some cleanup work on some additional things that have been purchased in previous years' budgets, and we just wanted to make that part of the record and part of Meridian City Pre-Council MJ:~ .. J June 6, 2000 . Page 6 ( the Joint Powers Agreement. Those additional purchases and cleanup of who owns what would be in that contract. Corrie: Okay, is there anything else? Item 20. CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone: Item 21. CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two- story retail I office building in an OT zone - East 1st and East Pine Avenue: Kuntz: Mayor, there should be a memo in each Council members' packet to Gary Benoit. It would pertain to possibly Items 20 and 21 on the agenda for tonight. deWeerd: Is that the one titled Generations Plaza? Kuntz: There's actually two in there. One is in regards to the historical panels. Bird: And the other one is - Kuntz: The other one is to Gary Benoit and (inaudible) Bird: That's it, Tom. We've got it. Corrie: You just wanted them to be sure that they looked at it for later or what? Bird: What item was that referring to, Tom? deWeerd: 20 and 21 . Corrie: You just wanted them to take note that they got it? Is that what you're asking? Just take a look at it? Nothing to do with the (inaudible)? Kuntz: Yes, I just wanted you to be aware of that when Items 20 and 21 come up. Thank you, Mayor. Bird: Mr. Mayor. Tom, anything on the Sunnybrook Farm property and Chateau that we need to know? ( Meridian City Pre-Council Ma.. ..I June 6,2000 Page 7 (/.. Kuntz: No, I think it's real straight-forward. It's a matter of formally accepting the property, the deeding the property and then formally naming it Chateau Park. Bird: Okay, thank you. B. City Engineer - Gary Smith: 1. WWTP - Digester/Clarifier Project, Change Order No.3: Corrie: Do you want to hear Gary on the Wastewater Treatment Plant digester / clarifier project? Gary. Smith: Mr. Mayor, Council members, that's a Change Order request for some granular backfill material, import material that was used to replace material that was excessively moist and was not suitable for support of the building. So that's the reason for that Change Order. c. City Planner - Shari Stiles: 1. Discussion of Star Impact Area: Corrie: Shari, do you want to share the discussion of the Star Impact Area right now? Stiles: Mr. Mayor and Council, I didn't get a copy of their entire application. This is what they want us to comment on. Did you all get a copy of this map in your packets? It's a little hard to read, but they do have their primary area that they're requesting, and their secondary area would be similar to what we have a referral area. You'll note that they're going south of Chinden for half a mile up to McDermott and going to Chinden up to Ten Mile. What the County Commissioners have asked for the Council to comment on asking for any input at all that you have so that they can use it in their negotiations with this group that they have. Corrie: Shari, I had a meeting with Mayor O'Connor in reference to that, and I told her that we will probably not be very inclined to go with their area of impact south of the 20-26 or Chinden Boulevard. She agreed to that. She said that Council would agree to that as well. So I would just reiterate I think with the Council if they think the same way. I'm supposed to write a letter to the Ada County Commissioners for her in reference to the area of impact. I personally don't have any objections to the area of impact - you don't all have this sheet, do you? Bird: We've got a small - Meridian City Pre-Council M~r June 6, 2000 . Page 8 ( Corrie: Just south of Beacon Light and north of Joplin Road and it goes out here to Highway 16 just a little ways. This is pretty much the one that the judges that's looking at that said they might let them have the area of impact. The Commissioners are looking at this right here. As far as going south - well, that's the secondary area. They wanted to have this the primary area (inaudible) The Ada County Commissioners said we could have this little here. So I need to just make it pretty plain in my letter that if the Council agrees that not to go south of Chinden as far as we're concerned. That's the one that I'm concerned. She wants to do north or they want to do east, that's Eagle. See, they have the river here, and everything else is pretty hard to sewer. (inaudible) highway. I will certainly make that known in the letter. She suggested that letter to me to write to the County Commissioners. If any of you would like to see it, I rejected that letter, too. No sense in making everybody mad at Meridian. Okay, any other comments? Anderson: Mr. Mayor, I would agree. I wouldn't want to see them extend their impact area south of Chinden. I would also think the one-mile section on Ten Mile just north of Chinden in the secondary area may at some point become a point of contention. I'm not sure if we want to endorse that one at this point because I think we would probably be able to sewer and accommodate that area way before they could. People could be coming to us asking us for annexation in that particular area. deWeerd: That's in your Fire District, too, is it not? Anderson: It is. We'll have a station on Ten Mile, we can get there pretty quickly. Bird: That square-mile area is our Rural Fire District, isn't it? Anderson: Yes, to the south channel of the Boise River. Bird: Okay. deWeerd : To Black Cat? Anderson: Goes past Black Cat and out to - is it McDermott we go? Corrie: Okay. I'll make that notation and get that letter out. Anything else, Shari? Anything else on that one? Stiles: Mayor, did you want me to draft that or are you going to do that? Corrie: If you want to draft it, let's get together tomorrow morning. We need to send it. Chief, do you have anything? Meridian City Pre-Council MJ June 6, 2000 .. Page 9 ( D. Police Chief - Bill Gordon: 1. NNO Parade: Gordon: Mayor, Council, there's an organization, a national organization of crime prevention and safety awareness that is being sponsored in the Treasure Valley area. A Meridian resident, Linda deHaro has taken it upon herself to put this together, and it's called National Night Out. What it amounts to is block parties which are safety awareness I crime prevention. Includes ambulance, fire, police. The Neighborhood Watch Program is involved in this, and the~ have block parties. Meridian is scheduled for three block parties on July 29. Boise and Nampa and Caldwell and Canyon County are also involved in this. At the conclusion of the block parties, they're all going to get together and send over their cars or police cars or fire engines for a final grand finale in Meridian which is a parade from Rite Aid to Storey Park. Storey Park is where the booths will be set up for safety awareness. We run into kind of a catch in that. The insurance company, ICRMP, says that this is an independent function and not a City- sponsored event. I guess what I would ask the City of Meridian or the Council is to declare this a City event and allow me to take care of the insurance for the parade on a rider basis rather than an individual insurance policy. An individual policy is $800 to $1000. This group does not have that much money in their coffers. They don't pay dues to anybody. They gather donations. The food that we're going to barbecue, the Police Department is, and I promise to get instructions from Councilman Anderson on cooking hamburgers, but those will be sold and that money will be rolled over into the City as revenue and rolled over until next year to help pay for the cost of next year's budget. We've got Police Department, Fire Department, Mothers Against Drunk Drivers, Crime Prevention, Crime Stoppers, Meridian Lock and Key, Police Bike Safety Patrol, State Farm Insurance paid, ADT Alarm, Citizens on Patrol and our Explorer group are already going to be involved in this function. It's almost solely a Meridian function, the parade is. Next year I would guess that it will move to either Boise or Nampa or in Canyon County somewhere. This year we've been chosen for the parade by this group which is just a local group of citizens. I would ask that the Cou ncil allow me to call this a City-sponsored event and put it on. deWeerd: Well, it sounds like it is. Gordon: Well, ICRMP says we need to designate if it is or it isn't. If it isn't a City- sponsored event, then they're going to have to get their own insurance policy. If it is, then they can go on a rider on our insurance. Bird: Sure we can do that on the regular agenda. We can get that approved on the regular agenda. Gordon: That's alii had, Mayor. J;': .. .. ..f. Meridian City Pre-Council Mal June 6, 2000 . Page 10 (' Bird: What time are you gong to do this, Chief? Gordon: It starts at 6:00 in the morning. KQFC radio will be broadcasting from Storey Park. 10:00 the parade starts, and when I say parade, it's not going to be like the Dairy Days. It's not going to be that long. It's going to be some police cars, some DARE cars, some fire trucks. We're going to drive down East 1 st to Storey Park. Noon will be the barbecue. The Mayor will read a proclamation on crime prevention. The barbecue starts immediately, and it should be over by 2: 00. Bird: It's on the 29th, a Saturday. I was just wondering if it was in the evening or if we were going to compete against some other parking problems. Gordon: No, sir. July 29th. Corrie: Anything else? deWeerd: Mr. Mayor, we need to do the public hearing on the Designation 2020 Plan of COMPASS. We have an upcoming open house for our Comprehensive Plan on the 22nd. Perhaps we cou Id display the 2020 plan at that same open house and have public hearing in July on it. Would that be appropriate? The open house for the Comprehensive Plan is the 22nd of June. It goes from 2:00 to 7:00 at the office and convention center where Planning and Zoning is. It's just a drop-in thing. They'll present the different components of the Comp Plan and have, Shari, we'll have copies available for people to review. July 5th. Bird: That's for the 2020? deWeerd: Yes. Corrie: Okay. You'll notice that, Mr. Berg? Okay. Thank you. Anything else? Bird: Mr. Mayor, I move that we close the pre-Council meeting and come back at 7:30. Anderson: Second. Corrie: Motion made and seconded to close the pre-Council hearing and come back at 7:30 for the regular agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Pre-Council MaC June 6,2000 Page 11 } ( APPROVED: ( ( Meridian City Council Meetina June 6. 2000 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. on Tuesday, June 6, 2000. Members present: Robert D. Corrie, Tammy deWeerd, Cherie McCandless, Ron Anderson, Keith Bird. Others present: Shari Stiles, Gary Smith, Bill Gordon, Ken Bowers, Bill Nichols, Tom Kuntz, Will Berg. Corrie: Okay, I'll open the Meridian City Council meeting for June 6, 2000, at 7:30 p.m. First we'll have roll-call. Item A. Item B. Item c. Item D. Item E. Item F. Item G. Item H. Approve minutes of May 16, 2000, City Council meeting: Approve minutes of May 16, 2000, Special City Pre-Council meeting: Approve minutes of May 23, 2000, Special Meeting: Tabled May 16, 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 J 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: Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Findings of Fact and Conclusions of Law: VAR 00-008 Request for parking variance ~ reduction in required parking spaces for Generations Park Plaza II by Gary Benoit - at East 1 5t Street and East Pine Avenue: Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker I Gold River Companies, Inc. for proposed Valeri Meridian City Council speci" Jting May 23,2000 . Page 2 ( Item I. Item J. Item K. Item L. Item M. Item N. Item o. Item P. Heights Subdivision for Preliminary Plat for 12.73 acres with 1 0 building lots and 2 other lots on 12.73 acres in proposed L-Q and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128- unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones- northeast corner of Pine Avenue and Ten Mile Road: Findings of Fact and Conclusions of Law: AZ 00-007 Request for annexation and zoning of 6.68 acres from RT to L-Q for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Findings of Fact and Conclusions of Law: CUP 00-020 Request for Conditional Use Permit to construct 8 office buildings on 6.68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Findings of Fact and Conclusions of Law: PP 00-007 Request for Preliminary Plat approval of eight lots on 6.68 acres in proposed L-Q zone for proposed Carol Professional Center by J-U-B Engineers, Inc. - west side of Eagle Road between Fairview Avenue and Ustick Road: Findings of Facts and Conclusions of Law V AR 00-009 Request for a variance to defer landscaping and asphalting of the parking lot for up to 24 months to allow applicant to design and construct a building in an I-L zone by James Aimonetto - 2204 E. Lanark S1.: Findings of Fact and Conclusions of Law: RZ 00-002 Request for rezone of 76.24 acres from I-L to R-4 for all phases of Crossroads Subdivision - % mile south of Fairview Avenue on the east side of Eagle Road: Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): Approve bills: Meridian City Council speci{' ~ting May 23f 2000 . Page 3 (' Corrie: I want to welcome everyone here tonight. Looks like it's a good crowd. I like to see the chambers all filled up like this. First on the Consent Agenda, Council, what is the pleasure for the Consent Agenda? Bird: We've got some items on the Consent Agenda that we need to table, Items o and E we want to table until June 20, 2000; Items G, H and I tabled to June 20th; add Item P which is to approve bills; then on our regular agenda, we want to table Item 22 to July 5, 2000 as a request from the applicant; Item 24 will be delinquencies for water, sewer and trash bills; with that, I would move that we approve the Consent Agenda and the regular agenda. Anderson: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with Items 0 and E to be tabled to June 20th; Items G, H and I to table to 20th of June; and add Item P, approval of the bills; and to table Item 22 in the regular agenda, request for Conditional Use Permit for Eagle Partners, LLC. Bird: Mr. Mayor, with permission of the second, I would also - Item E under the department reports, police night out, add that to our agenda, too. Anderson: Second agrees to that. Corrie: And Item E was the Chief's request for the National Night-Out. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 2. Ordinance No. 875: New proposed Chateau Park Ordinance Corrie: On the regular agenda, we have Item 1 which was items moved from Consent Agenda. So we'll move to Item NO.2 which is the ordinance for the new proposed Chateau Park Ordinance. Mr. Clerk, what's the Ordinance No. on that one? Berg: 875. Corrie: Okay, 875. Mr. Clerk, if you'll read Ordinance NO.875 by title only at this time. Berg: Thank you, Mr. Mayor. Ordinance No. 875: An Ordinance of the City of Meridian enacting a new section of Chapter 7, Title 8, Meridian City Code of the City of Meridian providing for a name of the park relating to park regulations Meridian City Council speci" .:ting May 23f 2000 . Page 4 providing for the purpose and authority, definitions; and providing an effective date. Corrie: Okay. Is there anyone from the audience that would like to have his ordinance read in its entirety? Hearing none, Council, what's your pleasure on Ordinance 875? Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 875 naming of the park to Chateau Park under the suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance 875 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Berg: Thank you, Mr. Mayor. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 3. Ordinance No. 846: Amended Ordinance 846 Corrie: Item No.3 is amended Ordinance No. 846. Mr. Berg, if you'll read the amended Ordinance on No. 846, please, by title only. Berg: Thank you, Mr. Mayor. Amended Ordinance No. 846: 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 into the City of Meridian and zoning designated general retail and service commercial district (C-G); and declaring that said land by proper legal description as described below be part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof or in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you. Okay, for the audience on this one, the reason we're changing that is the Ordinance needs to be amended on Page 2, it's a letter S that has been struck through and the letter N has been underlined as the corrected direction. It's a slight change in the north and south there. So is there Meridian City Council Speci! ~ting May 23t 2000 ~... Page 5 ( anyone in the audience that would like to have 846 amended read in its entirety? Thank you. I'll entertain a motion on the amended ordinance. Bird: Mr. Mayor, I move that we approve the amended Ordinance No. 846 with suspension of rules and the Mayor to sign and the Clerk to attest. deWeerd: Second. Corrie: Motion made and seconded to approve the amended Ordinance 846. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 4. Appeal of Zoning Administrator's interpretation of the Ordinance by Tim Bever: Corrie: Item NO.4 is an appeal of the Zoning Administrator's interpretation of the Ordinance by Tim Bever. Bever: My name is Tim Bever. I live at 6754 Cochrane Drive, Meridian. I have some things for the Council here. We own property at (inaudible - away from mic) The property is at 613 Meridian Road which is down here behind Kentucky Fried Chicken. The area is zoned C-G. The client that wants to rent this from us is Enterprise Rent-A-Car, and we were told that we need Conditional Use Permit because it is a car lot. At least, that's what I was told. Then that's what I was told why you need a Conditional Use Permit. This is the letter from Enterprise Rent-A-Car which has thousands of locations all over the country. I don't know if you remember, they're the ones that bring the car to your house and then come pick the car up, and you don't have to go anywhere to get it. That's kind of their MO. This is the letter from the manger, Dan Adams, who is attending to answer any questions you might have. The sales office is basically where their sales people come in and they go out and they make sales calls with corporations, car dealerships because they don't send out loaners anymore, insurance companies, and then they come back and do their paperwork. Automobiles will be stored in the back of the property in open storage back there. You read the letter with his intent with what he can use. There is very little traffic going in and out of this location, and it - the lot is 55 x 150. It's an existing house. The next page is basically just the general retail and service commercial definition of C-G zoning which I've included, and I'm sure you're pretty privy to that. Also, there is a listing of C-G zoning as we interpret it. It would be a professional sales office. They are not selling cars, they do rentals. They will not sell any cars here. They do - the licenses can kind of explain - next page indicates what a professional sales office is per your definition of it, and then the third page is storage facilities outdoor. This is an approved usage of the property there. Then there's a .(.r Meridian City Council Specia,. ;ting May 23,2000 . Page 6 ( definition of what the outdoor-commercial storage will be. If you go - I have some photographs. I took a picture of this property, and you can see it says front, 613 Meridian Road. It's a little house that has been re-worked with a handicapped ramp that was already put in. We did go through Ada County P & Z sometime back and had to go through the condemnation to get the sidewalk in with the Ada County Highway Department when they want to put their sidewalks in, so they have been in there before. It is hooked up to City water and sewer. If you notice to the immediate left on the picture, this is Republic Storage that does the outside/inside storage, little locker-room storages and that sort of thing. To the right of the property, you can see a trailer house, this is a camper-top sales place which is immediately to the right. Just past them you come to Corporate Drive which is going to go through at some time in the future as I've been told. The next picture if you look at it, the view of the south, it has the same fence around it that they put around the storage building because the City required them to because they currently own this piece of property at one time. So it has the same fence that is around the back of this. The privacy (inaudible) you can see the inside how it's all boxed in. You can see the storage behind it on the far end of it because Republic Storage wraps around the property on two sides. Immediately to the left is the office where they check people in and out, and then it kind of wraps around to the back, and then the camper guys have a piece of property that borders Corporate Drive and kicks back to this piece of property and around, so you can kind of see where it is. We feel that it's within the definition and the zoning that is on the area. It is open to interpretation, the zoning is, there's some ambiguities that we found in there. You can't have a wholesale warehouse, but you can have an indoor storage and wholesale facilities. You can't sell ag equipment, but you can sell farm equipment. These are on the lists in here. So we found a lot of interpretive problems with this. I spent a lot of time with it. I just don't feel that this message has any impact on the areas outside of the commercial designation on it. Very low impact. If you have any questions, Dan Adams is the manager. Very clean business. Somebody we'd very much like to have be there. It's land-locked, it's an old house, been there for 42 years. The front of it is all paved, concreted. The back of it isn't. We wanted to pave the back of it, but I understand you have to put a tree in. There's no place in the front - Shari suggested we put the trees in the back behind the 8-foot fence. We would like to put these Douglas Fir miniature trees in the very front of the building because it would look a lot better. There is just virtually no place on the front of it to tear up the pavement and put anything without destroying the property. So that's kind of what we'd like to do, and we'd like to make a suggestion for the small trees in the front because the back will be paved because it has to be paved to be able to park cars back there. Egress access, you can see on it - you go in one side and out the other. The garage has a garage door on it. It's going to have another garage door on the back where they vacuum the cars out. There's not going to be any car washing there. They go across the street to the Chevron that has a little drive-thru car wash is what they'll use. They'll use that for vacuuming. No cars parked in the front, Meridian City Council speCi{' jting May 23,2000 -.. Page 7 l'.- ( everything is kept in the back. So that's kind of what we think it ought to be. Shari doesn't agree. Corrie: It kind of went backwards here. We should have heard from Shari and then you. It's all right. Shari, can you make comment on this for your staff, and then we'll - Stiles: Mr. Mayor and Council, you have my memo dated June 2, 2000. It is still my opinion that this is not a permitted use in the zone. It's not listed. It may be similar to other uses that are permitted, but the Ordinance does specify that if it's not listed, they apply for the Conditional Use Permit and if it is determined that the use is similar and compatible with listed uses, then it may be permitted as a conditional use. Bever: May I speak? Corrie: Are you done, Shari? Bever: The conditional use process would make this not a viable client in the amount of time that it takes to maybe get a yes or a no. The property is 42 years old. It's got a history of commercial use. This is an interpretive issue with this list of stuff that we're kind of - no wholesale sales, no warehouses, but it's very ambiguous if you really get into it, and I have. I have a lot of examples of interpretive things. This is a sales office with outdoor storage is what it is. That's what it says here, and it's on the list on two pages, and I've given those to you. Specifics in this are very general, very vague. They use the word et cetera in two of the descriptions. They say cars, autos, et cetera. What is an et cetera? If they want to say it's not on the list, has to be specific, well, this is the problem that I'm having. This is just a call. I don't believe that it's based on anything. Corrie: You are aware that she can't change an ordinance? She has to interpret one. What she has done here, the use is not specifically permitted or listed in the district. That's the one that I think she's going on. There's nothing in our Ordinance that says this is able to do a (inaudible). That's why she did one interpretation. You have another. Now the Council has to determine whether they want to go ahead and do what you are asking or what she's doing. Bever: Okay. I think if you read the definitions of sales office that I supplied to them, that's anything that's bought and sold, basically. If you look at how (inaudible) storage is specifically what it is, but the sales office function, if you look at what your definition is in your book, it is doing commerce. Whether it's leasing or selling or whole bunch of other things, this is where it gets real vague. It is in there. It's not specific, and it's not general, but we think those are the activities that are going to take place on that piece of property. Again, I think they'd be a good corporate citizen for this town. They're very limited in where they can go because if they're now dubbed as a car dealer, they might have a Meridian City Council Specil ~ting May 23,2000 . Page 8 hard time coming to Meridian because those areas are quite fringe and kind of hard to come by. Again, if you have any questions on the business, the manger is here. Corrie: Council, questions? Anderson: Mr. Mayor, I have a question. Does the front of the property need to be used for the storage of cars or is there enough room in the back? Bever: No, sir. The back is more than ample. It's 150 feet long by 50 feet wide. I can show you on my plat plan that there's not much room to meet the requirement of backing up front. It works now, you put a tree in - well, I can't meet the so many feet and then back the car up to get them out. They will not store any cars in the front. Anderson: So is your proposal to landscape that and meet our ordinance? Bever: The landscaping, in talking with Shari, and if anyone visits the site, they can see that when they put the sidewalk in and did the condemnation on that, they left 40 feet. You put a car in there, there isn't - you landlock it to a point you can't get a car in the parking spots. The landscaping - I'm open for it - to put trees in the back behind an 8-foot privacy fence with sprinkling system and my enjoyment because you will have a building on both sides when the camper-top guys get built. It will extend above the 8-foot fence, and also around back. I would like to put the money in front of the building in the drain pit where we could put these pots with these big Douglas Pine miniatures is what they are - they're dwarfed so they can take the heat and they don't go so enormous that you can't manage them, but they're very nice. They're very expensive, but we'll put them in. Now, I've looked at them a lot what we could do to make it better. You could put a tree in with the irrigation in there and you'll be pulling it out when it pokes its head up through the pavement. It's just an old house that was encroached upon, and now we've got the front, the back is wide open. It goes back quite a bit. Anderson: So you are willing to landscape the property? Bever: I am willing, but I want to do it smart and I want to do it so the City benefits from it. It talks about the benefits to the City and the citizens, and that would be in the front of the building in these pots. I can't put giant trees, but there would be three- or four-foot of these, probably four or five of these out there. There's a nice spot for them if you look at the picture where it says front, the handicapped ramp, you'll see that there's a bed down below this ramp right here, and it goes over here also, and basically that is a drainage thing because when they elevated this creating the pond there, we put drainage rock in there and now it drains off really nice. We were going to have this resurfaced, too. That's where they would go. It would go the full front of the building and one here on the end. I'm open to suggestions other than destroying the place. That's / Meridian City Council Specii .:ting May 23,2000 . Page 9 ( kind of - if you saw it, you'd go, Yeah, there's no where to go with it other than the back yard or do it someplace else. If they want, I'd have to put in two trees, we're putting it on 2900 s.f. of asphalt because there's some over there, I don't know how you count it. We could put those in the back, in the corner and put sprinkling systems to it, but I don't think that was the intent. I think it was out to be on the corridor where people drive by and see your pad. I understand the reasoning behind it, and I know with new developments, there's real opportunity to do that kind of stuff, and I support that. Over developments, you do what you can and you try to be reasonable. That's all. Do you have any questions? Corrie: I don't think so. Thank you. Council, you have the decision to - whether you want to stay with Shari's interpretation of the - what she's done and ask that it goes through a Conditional Use Permit or you can bypass - correct me, Mr. Attorney, if on the vote they can bypass the Conditional Use Permit area here and permit it; is that correct? Nichols: Mr. Mayor, members of the Council, this is an appeal of her decision. If you conclude that this is a permitted use, then they're allowed to proceed. If you conclude, as Shari did, that it's not a permitted use, it falls into that catch-all category and becomes a conditional use. So it's the Council's decision whether it's a permitted use or not, and Council's permitted to interpret its own ordinances. Corrie: Discussion? Hearing none, I will entertain a motion on the request of the appeal. Bird: Mr. Mayor, I move that we interpret the ordinance on this property as being within the zone, the planned use of it, that they are going to use. Anybody understand that? I'm for letting them go ahead and put their building in. Corrie: OkaYJ Mr. Bird, do you want to paraphrase that a little better? Bird: I move that we reverse the Zoning Administrator's interpretation of the ordinance. McCandless: I'll second. Corrie: Motion is made and seconded to reverse the Planning and Zoning's interpretation of the ordinance at this time. Is there any further discussion? deWeerd: Mr. Mayor, the only caution I would have on this is since we do not have it in our definitions, anywhere you have a commercial area, this will be allowed, and it's probably one of the businesses that's not specified. It is listed as conditional use. So be careful what you do because once you do this, it will be permitted anywhere in our commercial areas. r"" Meridian City Council specil ~ting May 23,2000 " Page 10 / ( Anderson: Mr. Mayor, I just wanted to comment that it would probably be impossible to list every possible type of business that could come to us, and that's why the term Uet cetera" was probably put in there, and I think listening to Mr. Sever's explanation of what is going in there that I think it would be a logical assumption that to figure that this would fit into this type of zoning. I really don't think that we're establishing any type of precedent here. I think this would be a good use and probably should be reversed. Bird: Mr. Mayor, I'd like to comment that the new construction, I think you can have your rules and regulations, but a lot of times on these older commercial deals it is impossible and if you can get a good, clean business in like this is going to be, I think it adds to the City instead of takes away from it. Corrie: Any further discussion? McCandless: Mr. Mayor, just a comment that each case should be considered under its own merit, and it isn't necessarily a blanket decision. Corrie: Any further discussion? Questions have been called for. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Stiles: Mr. Mayor, I would like to point out that the applicant does need to get a Certificate of Occupancy prior to operating and does need to meet the ordinance requirements in regard to landscaping and trash enclosures unless a variance is obtained. Bever: Would a variance be necessary to (inaudible) out front? Corrie: I think you can work that out with the Planning and Zoning Director. Thank you, Shari. Item 5. Tabled from May 16, 2000: CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road: Corrie: Item No. 5 is tabled from May 16, 2000 for the request for Conditional Use Permit for Maple Grove RV and RV sales, rental, retail and repair in an I-L zone, 2490 West Franklin Road. So first, Shari, we'll start this quickly here and we'll have Mr. Dugan. Stiles: Mr. Mayor and Council, do you have a memo from myself dated June 2, 2000, in your packets? As I recall from the last meeting, the applicant was to get with staff if they had any questions or needed clarification on any of the items for approval. The Ada County Highway District has revisited this based on a letter Meridian City Council Specii' ~ting May 231 2000 ... Page 11 ( that I wrote them that's also in your packet. They have been undergoing many staff turn-overs at the Highway District, and overlooked some of the issues with this project. They did meet again on Friday, and hopefully you have their reports. Do you have their draft report? Their tech-review report? The Highway District is asking for the 48-foot right-af-way dedication, construction of sidewalk, and another issue that they - I don't know if any of the items are going to be appealed by the applicant, but they have also asked that one of the driveways be closed because it does not meet their policy. I think the other main issue that came up, still, was the construction of a firewall in the existing 3600 s.f. building. We have had no response from the applicant on whether that would be considered what he is planning to do. I guess he can address what his issues are that are remaining. I've had a very difficult time understanding what his issues are. It seems to be a new one every time. We would request that you consider this a favorable recommendation and include staff comments as conditions at approval. Corrie: Come back again, Shari. You approve of the Conditional Use Permit based upon your recommendation; is that what you're saying? Stiles: I would recommend approval with staff conditions. Corrie: As long as they meet all the staff conditions? Stiles: Yeah. One thing that we hadn't ironed out yet, we would like to tie down the signage that's permitted out there. There's stuff out in the right-at-way and all along the fence. It would be great if we could tie that down with this Conditional Use Permit, what kind of limitations would be on signage. Bird: Mr. Mayor, Shari, the staff conditions are the June 2, 2000, the latest ones? Stiles: Yes. Corrie: Any other questions? All right. Your turn. Before you get started, have you seen that letter of June 2nd? Dugan: I da believe I have, Mr. Mayor. Corrie: All right. Dugan:: Mr. Mayor, Honorable Council members and distinguished City representatives, my name is Matt Dugan, and I am the President of Maple Grove RV Services at 2490 West Franklin Road. I would like to apologize in advance for taking more time than normally allotted for verbal comments; however, I do believe once I am finished the City Council will have the material and information necessary to render a decision. I gave Will all my - this packet that I have in front of me. I, Matt Dugan, stand before you the victim of a bureaucratic Meridian City Council Speci{ ~ting May 23, 2000 ' Page 12 ( nightmare. It began 20 years ago when the property known as 2490, 2492 and 2494 West Franklin Road was annexed into the City of Meridian. Much to my disappointment, it will not be completely resolved tonight. What we have here is what comes first: the chicken or the egg. My partners and I own a small piece of land that fronts the two-lane road which everyone knows will be widened to four lanes some day. The land sits around it on three sides by 1 00 acres of agricultural and livestock even though the zoning is light industrial in the City limits. Across the street is hundreds more acres of agricultural zoned residential and County jurisdiction. We are so rural that there are only three human neighbors within the City's definition of neighbor to have received notice of this application. There are no city service trunk lines within the mandatory 300 feet to require or allow hook-up and no plan on file with the City to (inaudible) trunk lines or to find the implication date. Having been a resident of the area for 30 years, I have witnessed this same scenario occur numerous times. Most recently when a section of Franklin Road between East First and Linder was widened. Being a customer to many of the landowners who were in business prior to road- widening, I am aware that these sites were allowed to develop as City services became available and to finalize permanent fixtures like an asphalt parking lot when the roadwork was to be completed. These reasonable accommodations were made for landowners to avoid undue hardship, and we respectfully request the same considerations. The best I can hope for is that the City Council will understand why I change - excuse me. The best I can hope for is that the City Council will understand what I am about to propose is not undue. Granting a Conditional Use Permit at this time will not constitute a change in past practice which has been approved and condoned by the City of Meridian and its entities for years. In the interest of justice, equity and reasonable accommodation, I am requesting that the City Council approve Maple Grove RV's application for a Conditional Use Permit and submit the following position statement on proposed property improvement site plan to support this request. The facts are complex, but the crux of the problem is simple: The City annexed without securing a commitment from the applicants to deviate the City from liability to provide for services that are required by Ordinance. I have tried to quietly point out to the City and its entities that I am willing to be flexible and wait for the time when the City is able to provide trunk lines necessary for hookup in exchange for reasonable accommodations and timing of property improvements to avoid undue hardship. It seems that the Planning and Zoning Department does not want to compromise on issues that have direct relationship in the necessity of City services for compliance. Instead, Planning and Zoning wants to take the strictest interpretation of Ordinance compliance for Maple Grove RV and yet does not apply the same standards of compliance to the City itself. I could use numerous neighbors and fellow business owners within the City who are also held to the - not held to the latest level of expectation defined as minimum requirements of approval by the Planning and Zoning. I will not use finger- pointing to make my case. The facts speak for themselves. Let me leave note that providing trunk lines to within 300 feet of said property is a responsibility of the City whether by design or default unless the City wants to install the trunk Meridian City Council Specif- ~ting May 23, 2000 ... Page 13 ( \. lines for said services immediately, the City must be willing to compromise on requirements that are directly or indirectly related to the installation of City services. Impeding the process has been the calculated harassment and discrimination by the Planning and Zoning Director who wants to heap the burden of responsibility on me in retaliation for complaints about her consistent inappropriate behavior and the lack of accurate and up-to-date forms, policies, procedures and publications her department is responsible to administer. Her continued attempts to influence others with claims that contain innuendo - deWeerd: Mr. Mayor, I'm sorry. But I don't think this is appropriate to attack our staff in a public hearing. Are you going to read this whole - Dugan: Mrs. deWeerd, she attacked me in a public letter. Corrie: Let him finish. deWeerd: Are you going to read these whole six pages? Dugan: We have time restrictions, do we not, Mr. Mayor? Corrie: Yeah- deWeerd: I think we need to read this, and if you want us to consider what is written here that maybe we re-visit it at our next public meeting. Dugan: Well, Mrs. deWeerd, that's up to the Council members themselves. I don't have control over this meeting. All I have asked is to come and show what my side of the story is and what I am supposed to do to meet these requirements. How can I meet the requirements when I'm not the one changing the rules every two minutes when it is a Planning and Zoning Director who wants to give me different opinions every time I walk in there? From my site-specific plans of the original site-specific plan, I had seven requirements. I now have 19. I have a letter that is full of lies. The Planning and Zoning Director has lied. Even in my site-specific plan, she has - if you read her letter, the last paragraph, she comments on - excuse me - she comments on the agenda when I said last year it took me a year and-a-half to get through this process, last meeting, and as the Mayor can attest that I have been trying to do this for almost two years, and I originally put in my application March of 1999. She put in my site-specific plan that she wanted to clarify this, and I didn't start until January 2000 which is not the truth. deWeerd: I think there must be a better way of hashing out the - Dugan: Mrs. deWeerd, if you have a better way, I'm all for it. I have done everything that I have possibly can do. I have sent official complaints to the Meridian City Council Specd~ ~ting May 23, 2000 ... Page 14 ( Mayor that I have not received any word back on. Not one. The letter was over a month and-a-half ago. deWeerd: But I think, Mr. Dugan, we need to spend time on the application and the items that you are contesting, not what has been said or what - how long it's taken. Let's try and resolve those issues and identify with those issues and see what we can do so in her recommendations what do you not agree with? Dugan: Well, my problem is that I have no City services down there to my place at no fault of my own. So what happens is if I have to develop this piece of property to comply with City ordinances, I'll have to pay for a parking lot twice. I don't have no place to hook up. I have no place to stub my water lines. I have no place to put my sewer lines. Corrie: Matt, let me clarify something for you. The staff at their meeting with you the last two times, they said rather than having a fire sprinkle system because you don't have water there, you have a well, you can put up a firewall in the building where you do your welding, and only do welding in that area. So they would take care of that part of it. That would be one of the conditions. The other is that you asked for a Conditional Use Permit to sell motor homes. Now what this is that you have now, you've got ACHD involved, and technically speaking, you don't even have a permit what you're doing from the City. There's nothing in our files that says you even have an occupancy permit for what you did. Now that's the crutch of the whole thing. Now what Mrs. deWeerd is asking, you have seen this letter on June 2nd. I'm going to reiterate what about this, Item 1, 2, 3, 4, 5 and 6, and going down this whole thing, I presume you've read it, let's just take it one at a time, then. Do you object to the section about the Ordinance that says off-street parking? Dugan: I'm going to have to find it. One second, Mr. Mayor. Do I have the letter? Anderson: Matt, you can borrow my copy. Dugan: My problem with the off-street parking is that if I put in my parking lot, and I do it according to Ordinance that I'll have to dig up the whole parking lot to hook up to City services when the lines come down to whenever the trunk lines come in. That's my problem with doing it. So I'm paying twice for a parking lot. That - so that's why - Anderson: (inaudible) have to do that? Dugan: Excuse me? Anderson: Why would you have to do that? Meridian City Council speCie ating May 23,2000 "" Page 15 ('-- Dugan: Because I'd have to dig up and hook up to the City lines from my building back to the front. Anderson: Could you lay a dry line now? Dugan: Well, the problem is we have no point of where we're going to put this dry line. There's no sewer points, how deep it's supposed to be, how far it's supposed to be, how end of the road it's supposed to be. There's no drawings, there's no nothing. Where am I supposed to hook it? How are you supposed to put in a dry line? Corrie: Have you done a drainage plan? Dugan: A drainage plan? No, we have not gotten to that drainage plan. The whole parking lot now is all gravel and it has surface drainage. Paving and striping, again, if it comes down to the issue that I don't want to tear my parking lot up twice. Outside lighting, I have no problems with. All signage I have no problems with. When we talked about it at the Planning and Zoning level when the Commission was in, the only sign I asked to keep was the sign over my big, large building out back and I'll put the sign up out front according to the City ordinances. Determine the seasonable high-ground elevation, and that - Corrie: I'd imagine you'd need an engineer for that so you don't get drowned out on what your drainage and that is. Go ahead. Dugan: Okay. I have no construction for No.7. Corrie: That's American Disabilities Act. Okay. No.8 is where you said you can put the wall - Dugan: No.8 is where we put the wall up. I just want to state for the fact that we are sitting in there and with this conversation, there was no compromise being met, and they was like, If you don't have City water, you're not going to have it. I said, well, what happens if I shorten the building up or I do take 600 feet off of it or whatever I can do to do it, how can I do that? Well, Yeah, if you take a section of your building out. I go, well, what happens if I put a wall up? Can I put a wall up? They look at each other and they said, Well, yeah, you can do that. So I mean, I was the one who was having to come up with the ideas. I feel like the City was trying to say that they're the ones that are saying that this was a great idea and we're trying to compromise with them. Corrie: But they said you could do that, right? Dugan: I don't have a problem with that. What hinders my building is - this building has been there, has been hot works, has been condoned for 1 0 years. Meridian City Council sped{' ~ting May 23,2000 "" Page 16 ( They've been doing maintenance in there. Ms. Stiles calls it a storage shed. It's not a storage shed. It's a shop. It was built for a shop. Corrie: Okay. Your landscaping and paving would be done with a variance request. Do you realize that? Dugan: Yes, there was, at one time, except for a variance, they did give me the information for a variance request. But I was just going how many applications or how many things do you have to do to get to this point? As well as a variance request, the landscaping that they want on each side of the property with City ordinances, it requires a zero buffer zone and low landscaping is required except in the front or the rear unless there's houses within 300 feet of the property. There's not houses within 300 feet ot the property, so there's a zero buffer zone on three sides of it except the front. She wants a 35-foot setback. You know, I have no problem meeting a 35-foot setback. It's just that right up the street they were only required to put a 20-foot setback in. With the 48-foot right-af-way of center on Franklin Road, all these things are addressed in my report that I was going to read. The 48-foot setback and the right-ot-way at Franklin Road - I have no problems with that. When we bought the property, we - *** End of Side 1 *** Dugan: -- 48 feet from the center of railroad, and Ada County Highway District said that they would buy that property. And what I was told in here, she was wanting me to give the 48-faot right-af-way, 35-foot setback and I told her nobody's bought that property and everything, and Shari told me that if I want the - if I want my Conditional Use Permit that the City Council can require me to give up that land and just when Ada County Highway District develops the road, then that's when you'll get paid for. Corrie: ACHD said that they'd buy that property? Dugan: Yes. ACHD said that they would buy that from me. Corrie: Then you've got the five-foot sidewalk required by ACHD? Dugan: No, it's going to be the only thing I have to (inaudible) sidewalk, I have a whole mile stretch. Again, I don't know if the sidewalks will be tore up because - you know, the five lanes that are going to come in. I don't know if they've done any drawings on the five lanes that are going to come in. The sidewalks that are going to come in. There's nothing that - what we1re going to have is 200 feet of sidewalk and a mile stretch. Anderson: It says you can provide a letter of credit. You don't have to build the sidewalk. You have an option there. t"/" Meridian City Council Specia\ :ting May 23,2000 " Page 17 ( Dugan: That's fine. Corrie: So actually, bring it down to where the river meets the road here, Matt. Are you willing to put in a wall in that building and do the welding behind that, nothing but welding? In case there's a fire back there, it will stay there and doesn't get to the other trailers? Dugan: To get approval, if that's what I have to do, that's what I suppose I would - but I am not, because that it is such a hindrance upon my business. It cuts my building in half. I have no use of the building It's just a huge hindrance upon this. I have a building permit that says I even conform to all City codes when this building was built. Corrie: You have a building permit? Dugan: Yes. For the building that was constructed, yes. Corrie: That - not as an RV - you don't have an occupancy permit for the RV repair? Dugan: I didn't know I was required to have an occupancy permit because when I bought the property from G2B, they didn't have no occupancy permit. They'd been there for years. I didn't know you had to have an occupancy permit. All I thought is that I'd go in there and meet the industrial light definition. Corrie: You say you were not aware that you had to have an occupancy permit for an RV repair, that it was not that in the first place; is that what you're saying? Dugan: Right. I'm saying that the property that was there before was the same. Corrie: It's not the same. It wasn't an RV repair. It was a (inaudible). Dugan: But that's like saying the difference between repairing a Chevy and a Ford for what the building as it's going on - for what the work that's going on in there. Corrie: And then you were aware that you can put a bond or a letter of credit to do those things later within a year or so that's required in the Ordinance for an RV, CUP, to sell motor homes. Dugan: I'm not sure what a letter of credit means. Corrie: It means whatever it costs to do that, then you could get a letter of credit from the bank that says that we've got this amount of money set aside or you can set a bond that within a year's period or a year and-a-half it will be done. If it's Meridian City Council speCi{" May 23.2000 "" Page 18 ~ting ( not, then the bond will be used to do it. See what I'm saying? Do you have any objections to that? Dugan: No, I do not. Bird: They're not easy to get. Corrie: They're pretty hard to get. Bird: Just be up-front with you. Dugan: What is the problem to get a bond? Bird: As I understand, and I'm not a banker, to get a letter of credit, a bond would be easier to get, but with a letter of credit, you have to be liquid enough - cover all their costs and stuff. It's tough. Dugan: Well, I have no problem. I really feel that it's the City's responsibility to bring water and services. I have no problem sprinkling my building right now, putting a sprinkling system in there and when the water gets there, then I'm in compliance. So if the ordinance says I don't have to hook up to City services within 300 feet, can I not put a sprinkling system in there and be in compliance? Corrie: The sprinkling system has to have the capacity in case you have a fire to put it out. You don't have enough water, from what I understand. Dugan: But is that my responsibility, Mr. Mayor? Bird: Have you asked for City services? Will you ask for sewer and water down there? Dugan: I have never, and I have always paid taxes on them. Bird: You haven't paid taxes on water and sewer. Corrie: You haven't paid because you don't have that. Bird; Have you ever applied for that? You're within the City limits. You have applied for it - our ordinance states when we annexed you that we would provide services. Have you ever asked for it? Dugan: No, I have not. I'm sorry. I have asked for the City services in a complaint letter addressed to the Mayor. I can get you that letter and date. Corrie: Well, before the Council right now is the approval of the Conditional Use Permit for use to sell - Meridian City Council specia(" ... Ling May 23, 2000 ~~.. Page 1 9 ( Dugan: Mr. mayor, may I say that all I wanted to do is I fix RVs. All I wanted to do was sell a few RVs a year that I refurbish out in the shop out back. I do not want to have a full-blown RV dealership because my property cannot support it. It's plain, flat not big enough. Corrie: Okay. Getting back to the question, the request here is a Conditional Use Permit for the - Dugan: Can I ask about No. 17, if approved this Conditional Use Permit should be subject to annual review or any time upon 1 0 days notice to the applicant. Is that an average request? Is anybody else - Corrie: (inaudible) conditional use permits. That's no. We look at other Conditional Use Permits~ We just want to make sure that all the things that were requested be done are done. Dugan: If it was normal, Mr. Mayor, why was it not done in the first site-specific plan? Corrie: I don't know. I don't know. Dugan: Neither do I, Mr. Mayor. Corrie: I'm just telling you what is the conditions of staff. The Council can throw it out if they want or they can keep it. The Council, any other questions you have for Mr. Dugan or do you want anymore testimony here on this? Bird: I have none. Corrie: Okay. Shari? Okay. Then the question is the CUP for the request to sell motor homes at this point. And the recommendation is to include all staff comments and we'll go from there. Dugan: Thank you. Corrie: Thank you. Staff, questions, discussion? I'm sorry. Council. Anderson: Just for clarification, Mr. Mayor. Planning and Zoning Commission recommended denying and staff is recommending approval. Is that correct? Corrie: With staff comments. That's correct. deWeerd: Mr. Mayor, just in response to Councilman Anderson's comments, I think there's been a lot of information that's happened since this was at Planning and Zoning, and I think the Fire Marshall has met with Mr. Dugan (inaudible) Mr. Meridian City Council special( .ing May 23,2000 ... Page 20 ( Dugan came up with a good idea to compromise. I think that has changed some of the position of staff (inaudible). Is that accurate, Shari? Stiles: Well, except for the fact that it was not Mr. Dugan's compromise. It was suggested by the staff. deWeerd: It doesn't matter. It's now satisfactory? With your comments? Stiles: For the fire code. Yes. The ones that he's addressed, these are old comments. He hasn't addressed any of these comments in the new memo. deWeerd: Well, we just had them addressed. I think - is Council satisfied with what Mr. Dugan's response was to staff comments? Just one more question to Shari or maybe Gary. In staff comments here, there's considerable information that's needed on a drainage plan and helping Mr. Dugan on where he can lay his dry lines for future hook-up. Is that at a stage where that information can be given to him? Does further work need to be done with Mr. Dugan so he knows really what is going to be required for him out there? Smith: Councilwoman deWeerd, are you speaking to the sewer or the on-site drainage? deWeerd: I'm speaking of both. Smith: Okay. On-site drainage can be accomplished by them finding where the historical high ground water level is which can be done by a (inaudible) looking at an excavated depth. The sanitary sewer is more difficult. We have at this time only general elevations for the trunk line that were determined in our facility plan. We do not have any final design elevations for sanitary sewer. The one thing that could be looked at would be what the elevation of the trunk line that would serve this property versus what the elevation of the sanitary sewer is leaving the building and see how much grade is required to get to the trunk. Then some expectation or decision could be made whether or not the sewer is deep enough to serve this property or what elevation they may need to put the sewer service in at. I haven't looked at the trunk line, so I really don't know the extent of pipeline to serve this property. I believe it's served through the Ten Mile Creek drainage. deWeerd: So where does that leave him in his need to know where to lay these lines so that he doesn't have to dig up his parking lot again. Anderson: Request a variance. Smith: We don't have any definitive information on where the invert of the sewer line will be other than what's been provided to us by the consulting engineer on the facility plan. Those are approximations. They're not absolutes. Utilizing the approximated elevation of the trunk line and the elevation of the service line at Meridian City Council speCia("mU ting May 23, 2000 .. Page 21 ( the building, a decision could be made without too much effort as to whether or not a minimum grade of a service line leaving the building or leaving the property, however it was to be served, could flow to the trunk line as designed on a preliminary basis. deWeerd: Thank you. Dugan: On the back of my documentation, I wrote on the back page, I wrote a very crude drawing of what I would like to do, and it is actually has 150-foot driveways coming into the property. I posted where all the water is on the property that I have possible access to. I'm willing to have more than abundant fire extinguishers inside the building and am willing to post fire extinguishers on the outside of every building, the largest fire extinguisher that can possibly be carried. I'm willing to give the 35-foot right-at-way up-front, and I'm willing to change my signs. Corrie: You realize you're eventually going to have one driveway. Dugan: I realize that, Mr. Mayor, and I'll acknowledge that right now in public testimony that because ot the 50-mile an hour speed limit is what the reason was out there. I'll - you know, I didn't create this problem, and I'm sorry that I ever even mentioned anything, but I'm not sorry because I believe that this is how progress gets done. All I've tried to do is be a good businessman in the community. Corrie: I'll give you that you have cleaned it up a lot. Dugan: I've cleaned it up a lot. I have shown - if you'll look at the back page, I drew pictures in there how I have brought the property up to beautification levels or however you guys want to say it and developed the property the best that I can. So there's proof there that I'm willing to progress this as we go. I just think that it's an undue hardship upon myself to make me do all these things when I pose no danger to nobody. I haven't had one complaint in here that says that nobody wants this. I haven't had anybody come up and be adverse to me. So that's what I've got. Corrie: Thank you, Matt. Well, Council, what do you want to do? Anderson: Mr. Mayor, I'll make a motion just to get this thing rolling. I will make a motion that we deny the Conditional Use Permit request for Maple Grove RV. Corrie: Motion is made to deny the CUP. IS there a second? Dies for lack of second. Let's try another one. Meridian City Council SpeCia( Ling May 23,2000 . Page 22 (' deWeerd: Mr. Mayor, I move that we approve the request for Conditional Use Permit for RV sales and repair by Maple Grove RV with all staff comments dated June 2, 2000. Corrie: Motion has been made to approve the CUP with all the conditions of staff dated June 2nd. Is there a second on that? Okay. Dies for lack of second. I don't know where the middle is. I can't break a tie on that one. Bird: Mr. Mayor, this probably won't get a second either, but we'll try. I move that we approve the Conditional Use Permit for Maple Grove RV sales and repair with the staff comments excluding he's not getting a building permit, as I understand, so I don't know why No.7 has to be in there. deWeerd: You have (inaudible) parking (inaudible). Bird: You might be right. I'll leave that in, then. Also he would have to have a bond, not a letter of credit. deWeerd: On which Item? Bird: On No. 11. deWeerd: Okay, so a bond instead of a letter of credit. Corrie: Are you keeping NO.7 or excluding it? Bird: We're keeping No.7. deWeerd: Do you want to give him the option of letter of credit or a bond? Bird: Yeah. We can do that. They've already got that in there. deWeerd: So are you still taking 7 out? Bird: No, I'm leaving it in. Also on No. 13, change that to a letter of credit or a bond. That should do it. deWeerd: So your only changes are to 11 and 13? Okay. I'll second that. Corrie: Motion has been made and seconded to approve the CUP with staff comments with the changing of Items 11 and 13 that he can also have a letter of credit or a bond be submitted. Any further discussion? Anderson: Did we get a second? Corrie: Yes. Meridian City Council SP~Cial('- .. Jng May 23f 2000 "" Page 23 ( Anderson: Then I won't pass up the opportunity to make a comment on this. I think this is one of the ugliest and messiest CUPs that we've ever put forward for a - there are too many unresolved issues in this. Don't believe the applicant still fully understands what the requirements are. I think this is going to come back to bite us big time. The comments that he made was still is I'm not hearing that he agrees with any of these conditions. It's "if I have to, I will." My comment is that this could be a big mistake to approve. Bird: Mr. Mayor, this is something that I think the City's going to have to really look at in trying to encourage little businesses to improve and improve their property, we seem to make it Mount McKinley to climb over to get there for the poor people. I agree with you 1 00 percent, Ron. I agree with you 1 00 percent. I don't think that he's looked at those. That he said that he wanted to agree with them. If I had to pencil it out, I'd guarantee that I wouldn't agree with him. Dugan: I withdraw my application. Corrie: That takes care of that one, but Council, we still have a motion before the Council. Now what? Nichols: Mr. Mayor, members of the Council, you do have a motion before the body, however, as the attorney for the City with the withdrawal of the application, I think that would - I would recommend that the motion be withdrawn and the withdrawal noted on the record. Bird: I withdraw my motion. deWeerd: Second agrees. Corrie: Then I'll entertain a motion on the counselor's suggestion. We need a motion to accept his withdrawal. Bird: Mr. Mayor, I move that we accept Mr. Matt Dugan's application withdrawal for a CUP for Maple Grove RV sales and service. deWeerd: Second. Corrie: Motion made and seconded to approve and recognize the applicant's withdrawal of the CUP for Maple Grove RV. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Specia( ting May 23,2000 "" Page 24 (' <'. Item 6. Tabled from May 16, 2000: FP 00-007 Request for Final Plat approval of 1 02 lots and 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: Corrie: Item No.6, tabled from May 16, 2000, a request for final plat approval of 1 02 lots and 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for English Gardens Subdivision. Staff comments first. Stiles: Mr. Mayor and Council, this is for the property at the southeast corner of Black Cat and Cherry Lane known as English Gardens Subdivision. They are proposing two separate plats. One is known as English Gardens Subdivision I and also English Gardens Subdivision II. We have our staff comments dated today. The applicant, his representative, has graciously responded to those comments. They have listed the items that they may have some question or suggestion for something else. Staff would have no problem with - do you have their letter dated June 6? Bird: I don't have staff's. Shari, we don't have the staff report dated June 6th. These just - they just got these? "I have reviewed your staff report dated June 6, 2000. I have the following comments." We just got the staff report to him June 6 for tonight's deal? Stiles: Yes, we did. Bird: We don't have a copy of yours. Does anybody have them? Do you have our staff comments from June 6? I don't. Corrie: Is the applicant here tonight? Why don't you come up here and answer a couple questions. When did you get our staff comments? Unger: For the record, Bob Unger, Pinnacle Engineers. We picked those up this morning. Corrie: You picked them up this morning? Unger: Yes, that's correct. We've been working with Shari and Bruce on this final plat. As you know, we were tabled twice through the process here on the final plat because we had some issues, some problems. We were working with staff on this for a month, at least, maybe six weeks to work out all the issues to make sure that the plat was everything we've represented in our preliminary. Also so that it compiled with your requirements on the final. So we have worked with staff, and staff's been really good to work with. We don't have any real problems here as far as we're concerned. We just listed five items here that we would like to see adjusted from what staff was recommending. I've gone over them with Shari. She doesn't have any issues with what we're recommending. We would like to go forward with the plats. I.~'.. Meridian City Council Speciall :ing May 23, 2000 . Page 25 Bird: Mr. Mayor, the only problem is we don't know what the staff comments were because we don't have a copy of it. How can we go forward? I mean, we have stated the last two years that if it doesn't get here by Friday, don't bring it on Tuesday. It's not fair to the applicant, it's not fair to our staff, and it's certainly not fair to the Council and Mayor. We're getting stuff shoved in front of us that we've had no chance to look at, to read or comment. I can look stupid enough without somebody helping me. Corrie: This final plat, if it's held off until June 20th, is that going to make any difference as far as timing with you and that - are you still within that year? Unger: Well, that's a hard one for me to respond to, Mr. Mayor. Corrie: I understand. Unger: Your staff is very overworked. I know that because I've dealt with them on numerous projects. They are very overworked, understaffed, and having a hard time keeping up. I appreciate that. They are at this point. To be perfectly honest with you, I don't want to be tabled again. I have to answer to my client, and I've answered to him twice already that we've been tabled, and he's not a happy camper with that. I think the staff comments, I'm sorry that you don't have those, haven't had a chance to review them, but staff comments were all appropriate staff comments for a final plat. We've got a good project. We comply with your codes. We had a couple requests on just some minor changes in the staff comments that were very minor. Staff doesn't seem to have a problem with them. It's unfair for us to ask you folks to approve the final plat based upon comments that you haven't seen. But then again, it's not fair to table us again because of that. Bird: I agree with you, Bob. Unger: Now, your approval if you approve it this evening, you were going to direct the attorney to prepare Findings of Facts and Conclusions of Law based upon incorporating staff comments, hopefully our comments, and if there is a problem with that, then I guess you can hold the adoption of the Findings of Facts and Conclusions of Law, but what we're asking is that you don't hold us up again. Please, we'd like to go forward with the project. Until the final plat's approved, we can't get our construction drawings approved. Until we get the construction drawings approved, I can't start construction. I'm starting to get to a window where we're not going to be able to get the project, the infrastructure and everything built and start drawing and building permits until September if things go well at this point. We might get September. We go much longer, we're going to get into the season where they're not going to be able to get the construction going as far as building, et cetera, and my client has got a substantial amount of Meridian City Council specia( ting May 23) 2000 : Page 26 money invested here. and every time we get put off. it costs him more money. So that is an issue with him, and as such, I have to represent that to you. Bird: Mr. Mayor. all issues were - didn't we have that other little subdivision come up right next to you and some roads were going to be stubbed out and stuff? Is that all taken care of? Mr. Manship. Unger: Those issues have been resolved between us and Jeff. Yes. That's all been taken care of. Anderson: Mr. Mayor, would it be appropriate to ask Shari to run and make a copy of her staff comments if she has those with her? We take a chance to review those? Corrie: We can. The motion, if you decide to do so, is either accept or reject If you accept, the attorney will prepare the appropriate order. and then it will have to come back on June 20th and approve. Bird: Ron, we can do it that way. Then we'll have it in our packets at that time. So if you want a motion, Mayor, I'll certainly give that. Corrie: Let me ask a question. Shari, is there anything in this that you don't agree with that - I guess it's Item 1 0, they'd rather not get - nine lots, 9 and 19 in Block 11 - install a cedar fencing; any problem with that? Stiles: Mr. Mayor, could I run through his comments? Corrie: No. 1 0, I have no problem with their proposal to leave that as it is. On 15, we were not sure that they were proposing landscaping with the Ten Mile Drain easement, and that was the reason to request the non-combustible because of the weeds that would be left there, but they are proposing landscaping that area, and so we would have no problem with this six-foot cedar provided that the lattice was used at the top to allow a little visibility for safety reasons back there. The 1 Q-foot wide easement on No. 18, if that's acceptable to the Public Works Department and the County Engineer, we have no problem with that. Also as far as the naming of it, that was partly informational that we did want to have to know a new name if one was going to be required by John Priester at the Ada County Engineer. Other than that, we, as far as site-specific comments, asked for was for them to coord inate the construction of the pathway with the Parks Director and the Western Ada Recreation District because it will eventually go into their park and the approval agencies. Standard comments on sewer and water to go to and through the site. Comment on lot frontage, and they understand that. There is an issue on these lots. This lot and this lot and this lot. They do meet the frontage requirements facing this road that we felt that was a safety issue, and so we had requested that any of the driveways for the houses located on those lots be located off of this street. And the applicant had Meridian City Council Specia( ting May 231 2000 ~. Page 27 ( no problem with that. The other, 6 through - all of the rest of the comments through 12 are changes to the notes just for clarification and cleanup. On No. 13, we had asked for detailed landscape plans for the common areas, and those will also be given to the Parks Director for his approval, especially along the Ten Mile Drain. Ask for a permanent - the one he had a question on about the non- combustible fencing, and I think that's agreeable with the landscaping if you agree with that. Six-foot permanent perimeter fencing. That was requested. A standard note about what's to be in place prior to building permits being issued. We had asked for evidence of monies deposited with Ada County Highway District for construction of the bridge over Ten Mile Creek prior to signature on the final plat. Another correction of a note. Then under general requirements we had nine items, and those are all standard comments that are included on .every subdivision that's before the Council. Corrie: So your site-specific requirements, these are the ones that you had taken that No.1 0, 15 and 18, 21 and you have no objection (inaudible) from staff. Unger: Nope, we're fine. Thank you. Corrie: Council have any other questions? Bird: I have none. Corrie: All right. Then we'll take a stab at that and make a motion for final plat on English Gardens Subdivision, Item No.6, FP 00-007. deWeerd: Mr. Mayor, I move that we approve the final plat of 102 building lots and 14 other lots for English Gardens Subdivision to include staff comments on June 6 as well as the applicant's response also dated June 6 and to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: I will second. Corrie: (inaudible) Findings of Facts on this one. Nichols: Mr. Mayor, if I may make a point of order. Mr. Mayor, members of the Council, in some of Mr. Unger's comments, they're essentially disagreements with the staff comments such as the non-combustible fence requirement, so in order for me to prepare Findings, it would be helpful if you want to override staff's comments with Mr. Unger's, to specify which ones you want and which ones you don't. deWeerd: Can I - Mr. Attorney, can I do it just with the comment that staff concurs with the response of the applicant and to make the appropriate changes Meridian City Council Specia( ting May 23,2000 ' Page 28 to their staff comments? Having not seen them, it's hard to change them. Shari, did you concur with these responses 1 00 percent? Stiles: I did provided on the fencing that that top portion was left as an open lattice or something like that, and they have the landscaping that they've proposed. -Nichols: I think it's sufficiently clarified. I understand what your intent is. deWeerd: Thank you. Corrie: Did I get a second here? Okay. Mr. Bird. Motion has been made and seconded to approve the Item No.6, request for final plat approval, English Gardens Subdivision, including comments of the applicant and the staff and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird} aye MOTION CARRIED: ALL AYES Item 7. Tabled from May 16, 2000: FP 00-008 Request for Final Plat approval of 164 building lots and 41 other lots on 50.9 acres with in an R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC - east side of South Locust Grove 'X mile south of Franklin Road: Corrie: Item No. 7 is a request for final plat approval of 164 building lots and 41 other lots on 50.9 acres with the R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC, east side of South Locust Grove 'X mile south of Franklin Road. Staff comments on Item No.7? Stiles: Mr. Mayor and Council, hopefully you have our comments dated June 1 st and a response from the applicant that's dated today. Corrie: Yes. Stiles: I believe that there are issues that they have that primarily deal with the Public Works Department. We still haven't quite worked out the easement along Five Mile Creek. It may be premature, but I think that can be handled by working with the Parks Director for that future pathway along Five Mile Creek. Before I let Gary address those issues particularly with regard to the water, there is an issue of the name of the road. They have changed the names within these loop roads to comply with Ada County Street Name Committee's report. They had initially wanted one name for the entire road on each side, but I believe that issue has been resolved. The only issue remaining for the street name is that they want Meridian City Council SpeCia( ~ing May 23,2000 "" Page 29 ( this main road through the project to be able to be called Woodbridge Drive. And as the applicant explains in his June 1st letter, there is one 200-foot long private drive in Boise that is also called Woodbridge. I believe Kenny Bowers, Fire Chief, stated that he doesn't have a problem with it being duplicated in this case. I don't know if you have a problem with that? Police Chief indicates that he does not have a problem with the duplication, and the applicant is just requesting that the City Council approve that name so that they can have the Street Name Committee approve it and get their plat signed with that name designated on the plat. Smith: Mr. Mayor and Council, I'd just like to make a comment concerning the water pressure in the area of this subdivision. We have made, our consultant, several computer runs with our computerized model of our water system, and they project that the water pressure in this area would be in the low 40s to the mid 50s PSI range. Fire flow is available at the 1 ,000 gallons per minute with residual of 20 PSI. That's all based on computer modeling. We did fire hydrant and - on Central Drive near Jabil. We had a very good flow there. The applicant's engineer has done some additional work in determining pressures available at the upstairs shower head of a home located on the highest ground elevation in the subdivision, and they find that to be acceptable to them. The applicant is aware of our concerns, and as such, they are understanding that a future connection to the high-pressure zone of this subdivision may be necessary, and that would be at their Phase II, I suspect, portion of their development which would be the properties to the right-hand side of Five Mile Creek as it crosses the drawing on the screen. In accordance with that understanding, the applicant is willing to install a pressure-reducing valve station at the west end at Locust Grove Road and their Woodbridge Drive entrance or in that approximate area such that at a future date, this subdivision could be connected to our high-pressure zone, and it would allow its disconnection, so to speak, from the low-pressure zone, but still allow us an avenue to divert flow from high-pressure into the low-pressure zone. They are agreeable to provide that facility. I believe in their site-specific comments to our review, Item No.1, I believe that's what Derek Q'Niell is expressing. The reason that we put a little emphasis on this issue is that memory of Meridian Greens' low-pressure situation still exists, and it was necessary at that point in Meridian Greens to install a booster station to take care of the pressure problem there at a significant expense to the City. A little bit different because it was a little bit lower. We had 42 PSI, I believe, at the pump station or at the well head, and it went down from there as you went uphill in Meridian Greens to the south. So from that standpoint, we're a little better off here because these pressures of the low 40s to the mid 50s are in the subdivision, in this subdivision. I did want everybody to be aware that homeowners are not as understanding as the developers sometimes are. I'm not willing to take the load of all the phone calls if there are going to be any on low-pressure issues, so that's the reason I'm raising this flag and making it number 1 in the site-specific comments. I think Derek Q'Niell understands - Meridian City Council specia(/ Ling May 23,2000 ' Page 30 (" f *** End of Side 2 *** Smith: -- the applicant's been very good to work with, and we appreciate a very quality development. If you have any questions, I'll be happy to answer them. Anderson: Mr. Mayor, Gary, you talked about we had a high-pressure zone. Is that over by St. Lukers or is that back by Jabil? Smith: It's at St. Lukels, yes, sir. Anderson: So when you say that we could make a connection there, how far of a run would that be that would connect to that area? Smith: From this project's eastern boundary, I suspect it's several hundred feet through the lots on Magic View Subdivision before you get to Magic View Drive, and then you could go north and east on Magic View and connect at Allen Street which is where it is right now. I don't know how many feet that is, Councilman. Anderson: So if that was required, would the City be the one to foot the bill for that? Smith: Well, I guess I'm not entertaining that as a provision for the City of Meridian to. Anderson: But you're offering that as a solution to solve the low water pressure, so somebody has to look at who is going to pay for that. Smith: That's correct. The reason I brought this up is I don't want the City to be in a position where we have to install something to increase the pressure in a subdivision similar to what we had to experience in the Meridian Greens project. I know Derek O'Niell has a different attitude about that, but I just wanted to be sure that everyone understands the situation, and I'm not willing, as Public Works Director, to say the City of Meridian would extend waterline to make this connection and put this project in a high-pressure zone. Anderson: Thank you. Smith: Mr. Mayor, if I could add one more comment, please. Again, this is a computer model. We try to keep that computer model as accurate as possible, and that's why we flow the hydrant up on Central Drive near Jabil t~ get that kind of flow information, pressure information, and the wells that we're operating, the height of the water in the water tank, all that information plugged into that water model so that it was giving us the best answer that we could get, but, again, it's a computer model. It's not actual flow conditions. It is based on a maximum bay demand. So it's pretty restrictive. Thank you. Meridian City Council SpeCia( ling May 23,2000 ... Page 31 ( deWeerd: Gary, just so I understand what you're saying, are you offering the developer some options if they do have a no-pressure problem out there? You're giving them these options that they can do at their expense at a later time? Smith: I guess the - I'm not sure if I'm offering an option. I'm just trying to make a statement that there's going to be less than desirable pressure in the subdivision from my standpoint. deWeerd: And on the 10th call, he has to put something in? Smith: I guess we can make that a condition. It's correctable. Can be corrected to making a correction to the high-pressure zone. That's one alternative. A booster station in the subdivision can be used too if it was not connected. The pressure could be boosted by a booster station in the subdivision or at the entrance to the subdivision. So I guess that's another alternative. A third alternative would be just to deal with the pressures that are there. Anderson: What would be an approximate cost of a booster station? Smith: I don't know, Councilman. I can't tell you right off-hand. Anderson: Can you give me a ball-park? Smith: No, I'm sorry. I don't have any information on boosters to - it would be less than, much less, extending the main line into the high-pressure zone. deWeerd: But at this point you're not requiring it of them even though you know you will take the brunt of the phone calls. Smith: I just have that gut feeling, and just based on experience. deWeerd: Not a good feeling. Accurate. Smith: You're right. At this point I just want everyone to be aware of what we feel will happen based on the information that we've been able to develop. deWeerd: Can it get worse? Smith: I don't think so. I think this is a worst-case scenario like I mentioned to Councilman Anderson. It's a max-day demand. That's an August day, 1 ,000 gallons a minute fire-flow. Anderson: It can get worse the more homes you add in that area. Smith: Yes, correct. With this development I don't think it will, but if there are other subdivisions that connect in this area, you're right. Yes. Meridian City Council specia( ting May 23,2000 . Page 32 ( Bird: Also in your comments in Phase II they're required to do that. Smith: Our comments do say that, and they are - they have come back and discussed that with us, and we've modified just would agree to their request to modify that condition as a requirement to connect. This proposal does meet the State minimum requirements. It exceeds the minimum requirements, the DEQ requirements for pressure. deWeerd: Is there any concern for fire protection if development goes in further out there, is this going to hamper our safety services? Smith: I think that any other development that takes place out there will require the waterline to be extended from Locust Grove to connect at Franklin Road or near Franklin. I believe there is a developer at the southwest corner of Franklin Road and Locust Grove that's been approved. I don't know where it's in the construction process, but that connection would be made. That would slightly increase the pressures in this subdivision. Not materially, but it would provide a more reliable flow because it would be a looped line then serving subdivision. We don't expect that it will impact the fire-flow requirements. deWeerd: Thanks. Corrie: Any other questions of staff? Shari? O'Niell: Mr. Mayor, members of the Council, my name is Derek O'Niell, 101 North 9th, Suite 300. I'm here representing Woodbridge, LLC. I guess maybe we'll start with the water since that seems to be the issue. I want to make sure you have the letter we wrote today with the attachment "Au. I guess we're suggesting the changes to the original staff report to the final plat be modified by these conditions. I heard both Gary and Shari say they're acceptable to these conditions. So we would ask that to do that. In regards to the water, I could talk to you for a long time. I think Gary did a very good job explaining it. The first time we were aware that this would be an issue was about three weeks ago, and you tabled it the last hearing we had for us to work with Gary and to review the matter a little further. I want to reiterate that we think it is an issue, and we're working with Gary, and we think we have an acceptable solution. That is to put in the pressure-reducing station now so that when it's needed in the future the system will be able to be hooked up - we're not sure it's necessary immediately. It is necessary in the future. We think we'll have the system in so that it will be connected and work. As Magic View grows, and you all know it is growing, we're going to have to come down Magic View, and at a point, it will connect and we'll take it and anticipate that happening, we'll take our water and run it into theirs. So I think there is a solution. We're not trying to be a problem. We're trying to help and work with Gary to provide a solution. I want to reiterate it does meet the state's water requirements. We're aware of it. We've suggested in our condition Meridian City Council specia(' ting May 231 2000 '. Page 33 I~ ( that we put in our conditions, CC & Rs, the fact that we will disclose the water system as planned so that people are aware of it. We'll put it in the document we call "The Facts You Need to Know" so that when people move into homes, the documents that they sign (inaudible). They'll still probably call Gary, but Gary can refer them to that document and tell them that they signed that and they knew that when purchasing their home. So we're taking it very seriously as well. So that's my answer to the water issue. I think a lot of work has been done in the last three weeks; not just for our project, but for that general area. It's something the City's got to look at. It's not just our project. There are other projects, a number of projects that are near us that are going to have an issue with the water eventually. In terms of the street name, I think Shari did a great job of (inaudible) our concerns. We did write a letter to Shari and hopefully you have that. This is a substantial project, and we think the main street is appropriately named Woodbridge Drive. The fact that there is a private lane in Boise that is private, not public, located in a portion of town that is never going to be extended, there is a bluff on one side of it and another portion of town that's already developed. So the chances of that being extended are very, very - it's not going to happen. Has very few addresses on it and the fact that the Fire Chief and the Police Chief have said that they can live with it I think is very important. We think it's important for the community to connect the name with the street. So we're asking that you make that decision. I guess in closing I would ask that you approve the final plat with the modifications attached as Exhibit A in our June 6th letter. I'll answer any questions you have. Bird: I have none. deWeerd: I have none. Corrie: Thank you. Any other discussion, Council? Bird: I have none. Corrie: Any questions for the final plat approval of Woodbridge Subdivision by Woodbridge Community, LLC, Item No.7? Bird: Mr. Mayor, I move that we approve the final plat of 164 building lots and 41 other lots on 50.9 acres with an R-4 zone for Woodbridge Subdivision by Woodbridge Community, LLC, and for the attorney to draw up the Findings of Facts and Conclusions of Law with the modifications to the site-specific comments, Exhibit A dated June 6, 2000. Anderson: Second. Corrie: Motion made and seconded to approve the request of final plat on No. FP 00-007 as stated in the motion. Meridian City Council specia(!"~uu ting May 23,2000 "" Page 34 ( Q'Niell: Can I make just one clarification in the modifications? We didn't agree with staff on the street-name issue, that wasn't included in the modifications, so I think if you agree with us, you need to make an additional comment to that or not. We didn't include that in the comments. Bird: I didn't think that was in the modification. Q'Niell: No. It's Condition 6. You'll have to modify the motion. We didn't make that because we - Bird: Okay. Exhibit A and B. Second agree to that? Anderson: Second agrees to that. Corrie: Okay. Any further discussion? Anderson: Mr. Mayor, I just want to make a comment to the developer that we do appreciate you working with staff when they brought up the issue of the water pressure and the offer to help with the pressure-reducing station. I agree that I think the commercial development that will happen in the Magic View area will soon tie into that area, and I think that will solve that problem at that point. Corrie: Any further discussion? RoIl-calI: deWeerd, aye; McCandless} aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 8. Continued Public Hearing from May 16, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: Corrie: Item NO.8 is the continued public hearing from May 16, 2000, a CUP 00- 006, request for Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres, 1 005 East Fairview Avenue. With that, I'll continue the public hearing and have staff bring us up to where we are on this one, please. Stiles: Mr. Mayor and Council, we have had no contact with the applicant. They have not contacted us in wanting to withdraw. I really don't know where we're at. This one has been tabled several times because they had requested more landscaping or the Council had requested more landscaping. They haven't come back with a new plan. It's just been dropped off. Meridian City Council Specialf .ing May 23, 2000 \ Page 35 ( ( Bird: We have a letter stating that they - we had a letter stating at one time that they were in the process of changing it. Nichols: Mr. Mayor, members of the Council, point of order. When this first came up, the applicant wasn't present to testify, then the Council received a letter asking it be moved to May 7th which it was. They did not show up again. So the Council had some concerns looking at it. There was nobody from the applicant to say anything. Corrie: Keep in mind that since it is a continued public hearing, is there anyone here that would like to issue testimony in the request for CUP? Okay. Bird: Mr. Mayor, I move that we close the public hearing. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor, I move that we deny the CUP 00-006, request for Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres at 1 005 East Fairview Avenue, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order showing the denial. Corrie: Okay. Motion has been made. Do I hear a second? Anderson: Second. Corrie: Motion made and seconded to deny the CUP and to have the attorney draw up the Findings of Facts and Conclusions of Law with that decision. Any further discussion? Anderson: Mr. Mayor, I guess I just have a concern that have we been communicating with them to tell them what's been going on with their application? I realize that there should have been somebody here representing them, but I guess I feel better if we communicated with them what we've done with their application and that it had been tabled and that they were expected to be here. Those types of issues, I guess. Corrie: Mr. Berg, can you answer that? Were they notified each time? Kind of putting you on the spot thinking back, but - Meridian City Council speCia(" :ting May 23, 2000 . Page 36 ( Berg: Mr. Mayor, members of the Council, I know their original letter requested an indefinite period of time from John Moody, L.B. Industries. I can't answer for sure if my staff or Shari's staff has contacted them directly. Originally, they were contacted, and I guess that was the May meeting that their contact was they were running some changes with the landscaping requirements that the P & Z had made. I can't tell you if I had any response with that. Corrie: Ms. Stiles, same question. Stiles: It's been some time since we've contacted them since it was public prior to that May 7th request. I'd hate to see them start all over again on this. Can there - I know there was a concern on landscaping along that future driveway or the driveway that is there now. I didn't- deWeerd: There wasn't any concern. It was just a question. You know, 1- Corrie: Mrs. deWeerd, you'd like to (inaudible) - deWeerd: Sorry, Mr. Mayor, but, you know, I keep hearing this that City Council asked them to put in landscaping. We didn't. Two questions were asked and the applicant wasn't here. Has not responded, and we've never had an opportunity to even ask the question. So I agree with Councilman Anderson. I hate to deny this before the applicant is even seen in our room here. I would be opposed to this motion. Bird: What do you want to do? Keep tabling it every two weeks? McCandless: Mr. Mayor, in the letter written on May 15\ they asked for an indefin ite postponement, and they said that they were gathering information that would make an impact on their application once - can't remember exactly what it said - they're in the process of negotiating the purchase of the property with the owners and feel this would make a huge impact on our application. So they asked for an indefinite time. If we deny it now, they'd have to go through the whole thing again, I.think. Bird: How long are you going to keep (inaudible) it out? Anderson: Mr. Anderson, I have a very simple solution. Why doesn't somebody pick up the phone and call them and tell them where we're at and ask them what they'd like to do with their application? Then we would have information that we could work on to say that we're either going to deny it, table it or approve it or what we're going to do. I would ask that we have staff do that between now and the next Council meeting. Corrie: We had a motion before the floor. Let's see where that one goes. Then we can do that if we need. /.; Meridian City Council Specil ;ting May 23, 2000 . Page 37 ( Bird: We've asked that same question every time we have tabled it. Ask the staff to call somebody. It hasn't been done. If you want to drag it on every week we table it and keep it going on the agenda, but we've got a question here. Corrie: Motion has been called for. Motion is to deny the Conditional Use Permit of the existing car dealership. Mr. Berg. Roll-call: deWeerd, nay; McCandless, nay; Anderson, nay; Bird, aye MOTION FAILS: ONE AYE TO THREE NAYES Corrie: Motion to deny has been overruled. Make another motion, Mr. Bird? Well, we've got to - Bird: Do whatever we want. Do you want to pass it or table it? deWeerd: Well, it's a closed public hearing. I would like to instruct Shari's office to please call the applicant and have an answer by June 20th which I will move to table this until June 20th. We closed the public hearing. We'll have to open it then, right? Corrie: You can't do that because you have to notify again. deWeerd: Okay. Mr. Mayor, I changed my mind. I'd like to move to open the public hearing. Anderson: Continue it. deWeerd: I would like to open it first. Bird: Re-open the public hearing on this? deWeerd: Yes. Anderson: Second. Corrie: Okay. Motion - do I hear a second on that to open the public hearing again? Re-open it? Let me get this to you right now. If we open the public hearing again, and we continue it to table it to have a public hearing, we can do that. We can direct staff to call them. The next meeting, it will be a continued public hearing on the 20th of June; correct? Is that what you want to do? deWeerd: That's correct. Meridian City Council speci'" May 2312000 . Page 38 .:ting (r Corrie: Okay. The motion has been made and seconded to re-open the public hearing. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE NA YE Corrie: Okay~ We'll open the public hearing now. Now a motion to continue. deWeerd: Mr. Mayor, I would like it to be clear when staff calls the applicant that we will take action on it on June 20th. If we don't hear from them on their intent that we will deny it. I move that we continue this public hearing until June 20th. Corrie: Okay. Motion made to continue the public hearing until June 20th. Any further discussion? Do I hear a second? Anderson: Second. Corrie: Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay, motion is carried. The continued public hearing on Item No.8, CUP 00-006 will be continued to June 20th. Staff, make sure you call. Anderson: Mr. Mayor, I would request that we take a 10-minute break. Bird: I'll second that. Corrie: Motion made and seconded that we take a 10-minute break. Show of hands of people that are here for this Resolution Business Park. Okay. All right. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES (Meeting reconvened at 9:40 p.m.) Corrie: Okay, folks, we'll call the meeting back to order. What we're going to have to do here, just let you know ahead of time, is anybody that was here for the Teare Terrace public hearing, there has been a letter to the owner, a letter rescinding that they don't want to be annexed or zoned. So that public hearing on 15 and 16 is going to be removed with the consent of the Council because of the letter of resignation by the application. So there won't be anymore on that one. Mr. Attorney. Nichols: Mr. Mayor, members of the Council, the applicant still wants it, but the owner is the one that has withdrawn their consent on the annexation. Meridian City Council speci'" ;ting May 23, 2000 "" Page 39 (' Corrie: The owner is the one that has the right to say whether it's annexed or not. We're going to have the public hearing on Items 9, 1 0, 11, 12, 13 and 14. That is the Resolution Business Park. Conditional Use Permits, preliminary plat, and the rezone and the annexation and zoning. Then the Council has said that we will continue the public hearings on Items 17, 18 and 19 on Autumn Faire Subdivision to June 20' 2000. We may be here fairly late on the Resolution Park, and we don't want to make the wrong decisions with the others. So we will be continuing the public hearings on 17, 18 and 19. That's the daycare. Sorry. It's still a public hearing. We will take up Item 20, 21. Twenty-two has been tabled at the request of the applicant until July 5, 2000. So we won't hear that one. We will do the 23 with the request for Conditional Use Permit by Meridian School District, and then we'll have the Department Reports. The ones that - Items 17, 18 and 19 will be heard first on the 20th. They'll be first on the agenda. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Public Hearing: 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: Public Hearing: RZ 00-003 Rezone of 37.64 acres from an R-4 to an L-O zone for proposed Resolution Business Park by G.L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road: Public Hearing: CUP 00-017 Request for Conditional Use Permit for proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LOS seminary in proposed L-O and C-G zones by G.L. Voigt I Overland) LLC - south of Overland Road and east of Locust Grove Road: Public Hearing: PP 00-006 Request for Preliminary Plat approval of 17 building lots and 2 other lots on 107.06 acres for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Public Hearing: CUP 00-015 Request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker room and equipment storage for proposed Resolution Business Park I Lee Smith Ice Arena by Pat McKeegan - south of Overland Road and east of Locust Grove Road: Public Hearing: CUP 00-016 Request for Conditional Use Permit for a 20Q-unit luxury apartment complex in a proposed L-Q zone for proposed Resolution Business Park by G.L. Voigt / Overland, LLC - south of Overland Road and east of Locust Grove Road: Meridian City Council speCi[~m ~ting May 23, 2000 . Page 40 ( Corrie: We'll open the public hearings on Items No.9, 1 0, 11, 12, 13 and 14. All testimony can be done at the same time if you want. You will and can address anyone of those that you wish at that time. The applicant will have five minutes if they want to do each one of those, and if you want to do any testimony on any of the others, you'll have three minutes for each one of those. Sounds confusing, and 1'1( go through it with you as we get up here. So at this time I'm going to open the public hearing on the request for the annexation and zoning of Resolution Business Park, the rezone of the 37.64 acres from R-4 to L-O zone. The Conditional Use Permit for proposed planned commercial development consisting of multi-family, commercial, office and LOS seminary, and also the request for preliminary plat of the 17 building lots in the Resolution Business Park. Request for a Conditional Use Permit for an ice arena and Conditional Use Permit for 200-unit luxury apartments by Mr. Voigt. So at this time I'll open the public hearing and have staff comments first. Stiles: Mr. Mayor and Council, I am going to address these in order just to kind of clarify where we're at. The first public hearing, Item No.9, is a request for annexation and zoning to C-G of 16.119 acres. That would be the property right here. It is not currently in the City limits. They are proposing a mixture of office, daycare and some retail on this corner. The applicant's representative is aware of our request that they come in later for a Conditional Use Permit for a planned development as they did not have the details of that finalized. They haven't submitted elevations of these buildings, and they would come back in at a later date. They are requesting the annexation and zoning to C-G. Item No. 1 0 is a request for rezoning of 37.64 acres. Some of you may recall that this formerly was a 97 -acre subdivision known as Sundance Subdivision. It was approved by the City Council some time ago. Since that time, some changes in the area, the Cesco, John Deere facility coming in here, the approval of the Freightliner facility. Directly across the street led the owner of the property to rethink his development options, and he has since sold 55 acres of this property to the Meridian Joint School District for a high-school site leaving this remainder as part of his request now for a rezone to L-O. Within the L-O, they have proposed under public hearing under Item No. 11 the Commercial Development with the multi-family apartments, 200 units, some commercial office and an LOS seminary be located in an L-Q and C-G zones. Under public hearing Item 12, they had asked for a preliminary plat approval. In this configuration, they are requesting platting approval for 17 building lots and 2 other lots. Under item 13, they're requesting the ice arena that wold be located on this lot within this proposed subdivision. They have presented elevations and detailed plans of that facility. Item 14 would be the 200-unit apartment complex. That would be located in this area here. They have provided all the information required for a planned development including elevations of the buildings. So although many of the opponents and also the proponents of this development may address all of their comments at one time, they are separate issues that would need to have separate Findings on them. I just wanted to make that clear. Meridian City Council Specil 3ting May 23,2000 "" Page 41 Corrie: We'll try to make it less confusing for them when they get up here and what they want to talk about. Later they can, too. Okay. The developer's representative. Now, Becky, if this gets - you don't want to do it all at once, you can do it each time and we'll have the comments of the public at once. Make their comment on the annexation and zoning and separate that if they want it as well. I don't know whether you're having some difficulty back there. Bowcutt: I guess at the Planning and Zoning Commission, we did on the annexation and rezones, obviously, need to go into a lot of detail. I don't want to be repetitive this late in the hour. But there are issues with each application that should be addressed, and I think if we try to lump them all in - it's going to get confusing for the Council. I prefer to take them individually. Like I said, I'll take the least amount of time possible. Becky Bowcutt, 11283 West Hickorydale, Boise. I'm representing the applicant in this matter. The first application, as Shari indicated, is the application for annexation and rezone of that corner parcel. As you recall, we came before you here six, eight, ten months ago with the Comprehensive Plan change. We asked that this be designated mixed-planned use development where all the particular uses will require conditional use approval by the City. We provided a concept plan for that corner parcel. We do not have any particular users at this time. So the best of our ability, consulting with an architect, we came up with this particular configuration. We don't anticipate that happening until we see an overpass go through. This is obviously a three-leg-type intersection. You don't typically see it in retail users of any substantial size until you've got more traffic than is out in this vicinity at this time. So this is down the road. It's not something that we anticipate being constructed at this time. We requested a C-G zoning designation. Your staff recommended a neighborhood commercial, and our response to the staff, we indicated that neighborhood commercial would be acceptable. I guess staff had some concerns allows some pretty heavy commercial uses as we have found across the street with the Freightliner, Cesco, I think the contractor's yard. In this vicinity since this property is at a major two arterials, Overland and Locust Grove, and in considering that we have the C-G zone across the north side of Overland, this is an appropriate use for the property. Do you have any questions? Bird: I have none. Corrie: Let's see if the public has something that they want to say on that. Then we'll go to the next one and kind of keep this is some kind of order. Okay. This is a public hearing. Is there anyone who would like to issue testimony on the request for annexation and zoning right now? Okay. Bertell: Actually, I would like permission - my name is Marion Bertell, I live at 2534 South Velvet Falls Way, Salmon Rapids Subdivision, Meridian. I would like my statement to address all of Items 9 through 14, and I'll give a copy of it to Mr. Berg. At this time, I would like to reiterate to the members of the Council what Meridian City Council speci{" May 23, 2000 "" Page 42 ~ting ( my husband has stated to the Planning Commission at the last meeting. We have 725 signatures from the residents of Salmon Rapids Subdivision, Raven Hills Subdivision, Los Alamitos Subdivision, Sportsman's Pointe Subdivision, Hunts Bluff Subdivision, and Meridian Greens Subdivision all respectfully asking the City Council to at least delay approval of the development proposed for Locust Grove and Overland Road area until such time that Overland Road is widened to five lanes. Those who have signed the petitions are frustrated over having to drive the already heavily traveled traffic road on a daily basis and agree with the Ada County Highway impact analysis that a development such as this one 'before the City Council tonight would only intensify and exacerbate an already existing major traffic problem. My husband parked at the intersection of Locust Grove and Overland Roads on March 23rd from three p.m. until six p.m. and counted 3,137 vehicles using the intersection of Overland and Locust Grove. This coincides with the Ada County Highway District's Findings of 11 ,422 vehicle trips per day on Overland Road. Please bear in mind this is already existing traffic. During that three-hour period, he also saw one rear-end accident and one near accident. As the Ada County Highway District pointed out in its report, the traffic on Overland Road and Locust Grove will easily double and more than likely triple as a result of this development. That's the entire development of all of the proposed. We as residents of the six existing subdivisions directly impacted by this development and a seventh subdivision which is just being developed are especially concerned since, one, it appears that Ada County Highway District has no plans to widen Overland Road until 2004; number two, no plans to widen Locust Grove south of Overland until way beyond 2005; number three, no plans to even install a traffic light at the intersection of Overland Road and Locust Grove Road until 2004 or until, quote, wanted. The developer hopes to start the major ice hockey and sports arena before the end of this year. The Meridian School District, pending bond approval, could open the new high school by the fall of 2002. Additionally, office, retail and residential phases of the development will be completed probably well before 2005. We are not opposed to development, just to the development prior to widening Overland and Locust Grove Roads. Prior to the beginning of heavy construction vehicles traveling the roads, tying up traffic or lane restrictions. We need to consider the need for emergency vehicle traversing Overland and Locust Grove Roads to access homes in the area or accidents on Overland which there are many. It would be difficult at best as there is no place for traffic to move over out of the way. We have very little shoulder there. We ask that Overland and Locust Grove not become another fiasco like the Curtis Road extension. We respectfully request that you consider the opinion of the 725 residents of Meridian who signed the petitions as well as all of us who live near this development. We ask that the City Council of Meridian plan wisely, plan carefully, put the horse before the cart, not wait until the mother and father are called by the coroner to identify their child's body on the road. Please take action to alleviate traffic and pedestrian problems and potential hazards prior to approval of this project which will create and intensify the already-existing problems. Thank you. I have one further personal comment I'd like to make that is apart from the petition, and I don't know if it's r....-...... l Meridian City Council Specil ~ting May 2312000 ' Page 43 (' even legal or it can be done. I would like to recommend also when this is developed after the roads are widened that the development between Locust Grove and Eagle Road south of Overland that there be a citizens committee with three people from the subdivisions to work with Brad Hawkins-Clark regarding bike paths, the park that is projected, access to the park from Locust Grove and Eagle Roads be a bike path and landscape berms. Also, in the Planning and Zoning hearing regarding the ice arena and the high school, I believe there is a serious problem there because there is one ingress and egress road that comes down to the ice arena into the high school, a 600-foot road. There is no emergency access coming from Locust Grove or any major arterial. The only roads that could even possibly come in there unless one is designated and built in this projection, they would have to be sending fire trucks or EMTs through subdivision where children sometimes play in streets. This is not a safe condition. You need to have emergency access included somewhere like from Locust Grove into the high school and the ice arena. It's just not logical as it stands now. I thank you for your time, and I will give you a copy of my original comments and the petition. I also have a fax sheet if you like it where my husband got the (inaudible). Corrie: And do you wish to have your testimony included in all? Bertell: Yes. Would you please include my testimony on each of the items? Thank you very much. Corrie: Is there anyone else that would like to issue testimony on the annexation and zoning that's different that will be heard? Southerland: Mr. Mayor, Council, my name is Ted Southerland, 2365 East Three Bars, Meridian, Idaho. What I have to say is probably going to be an echo of what I said the last time that I was here and everybody except the Mayor was lucky enough to have not been here the last time. I lived in this area for two and- a-half years, watched a number of homes in that section that I live in (inaudible) triple, and I can see us double in the next 12 months. It's that whole mile section of Overland, Victory, Locust Grove and Eagle, there's going to be nothing but houses, and you're going to add 200 more facing Overland. I signed the petition - (inaudible) petition should have included adequate intersection at Meridian and Overland, and it should have included an overpass over Locust Grove. Until we get those two things - five-lane road going down Overland isn't going to do us any good at all (inaudible). You're still going to have a problem with cars backing up on the Meridian highway on Meridian Road and Meridian-Kuna Road. You're going to have people coming up on Locust Grove and have them to get into that mess. If you will consider our part of town Meridian - I don't. I told you last time that I do not consider - *** End of Side 3 *** Meridian City Council speci[r~ting May 231 2000 "" Page 44 ( Southerland: -- Meridian at this point. We don't have anybody on the City Council from that part of town. We don't have any access to this part of town to where I live. I can't make a left turn off of Locust Grove onto Overland without endangering myself half the time, so I don't go that way. I go right. Rather than making a left turn I go down to Five Mile and do my shopping down there. I have no reason to come to Meridian. I have no access to get here. If you want to consider us part of your city, you're going to have to make yourselves, make some streets - we are living on country roads right now. That's all they are. Two-lane, country roads with country intersections, and you're expecting us enjoy having 200 houses between us and your city. I would think - (inaudible). But this is just idiotic in my estimation. If I were to be a part of the City Council, you turned one subdivision down one time down. I was here one other time and you voted it down. To vote this through right now would totally destroy me. I've got well property - (inaudible) turn down when you turned the last one down. I have absolutely no problem with the commercial use that's going in there. My wife dreams of having an ice skating rink so she can go ice skating. She could have been, very easily, been an Olympic ice skater with the proper money back when she was a little bit younger. That's going to be industrial, commercial zoning through - I have no problem with this. The problem that I have and the problem (inaudible) has is the streets. If we can't get from our house the way we have to go, you've destroyed a whole bunch of attitude (inaudible). Thank you. Corrie: Anyone else as far as the annexation and zoning is concerned? Waite: Bruce Waite, I'm a resident of Meridian. 1753 South Labrador Place, Sportsman Pointe Subdivision, Phase V, Meridian, Idaho. I addressed the City Council a year ago. There are two new faces on it when the Sundance Apartment Complex was being planned on the north side of Overland west of Locust Grove, and there was quite a bit of discussion at that time on the traffic problems of that one small apartment complex would cause on Overland Road, and the City Council at that time denied the rezoning and the Conditional Use Permit based on the perceived or anticipated traffic problems. This is ten-fold times worse than that. At the time, the City Council also discussed no more commercial or no more retail development on Overland Road until the problems were fixed. So I guess I would like to restate that from your actions a year ago. Just a couple of questions for you, I'd like to know how this project is going to affect my home value as we have heard previously. The traffic problems tie (inaudible) sell my home in the future and potential folks come to look at it and they see the disaster of the road problem, my home value's down the tubes. There's a need for no more business parks. If you drive down Overland to Maple Grove, down Emerald, they have a zillion half-completed business parks. How many more do we need? It's just not compatible to subdivisions. Thank you. Corrie: Thank you. Got something new to talk about other than traffic? Meridian City Council speci[~ May 23,2000 Page 45 ~ting Shepherd: My name is Dave Shepherd, and I live next to Bruce here at 1791 South Labrador Place. I'd like to show you what happens to me on the map here. This is my house right here. Straight up the street (inaudible). So you can see what that's going to do to me. Some of us are brand new in this town, moved here from Seattle about a year and-a-half ago. This gentleman just came in from Portland. He wasn't aware of anything. We have no impact statements to tell us what's going on. That's alii have to say (inaudible). Shipley: John Shipley, 2770 South Locust Grove Road. Resident there for 28 years. I've watched a lot of growth in our valley. I think some of the things that are proposed here are going to be a real positive thing for the community. But the impact of the traffic and everything needs to be looked at. If there's no law stating that we can't build this stuff before the roads are appropriate, there should be a law. If there's not common sense between you folks stating that you know there's a problem and we need to hold it up until ACHD corrects the problem, I understand that the subdivider's going to put up a good share of the money for their road improvement. I don't think five lanes is even close to enough. I spent over an hour the other night coming from Wal-Mart up Overland Road the other night to make a left turn onto Locust Grove and watched as two and three traffic lights changed each time. It was five o'clock, and I had made it with the mistake of going over to Wal-Mart during the traffic time. I don't shop in Meridian anymore. I go to Kuna. Kuna is about 15 minutes drive, and there's no hassle. The prices are the same out there. I come to Meridian, and it's quite evident the main street of Meridian - beautify it instead of making extra lanes there, they got little cul-de-sac places for cars to park. They made it pretty instead of practical. It goes on and on. Everybody can be critical about anything. Just look at it. But if you know there's a problem ahead of time, don't cause it to get worse. Fix it before the problem gets any worse. That's what I'm asking. White: My name is Lisa White, and I just moved here from Jackson, Wyoming. I live at 2512 Meadowwood Court, and I'm not against widening the roads; I think that's good. But like she said, it might take - you guys (inaudible), but by the time you wait that long, something smaller that won't cause as much traffic would go in there, and there would be no place for the ice rink. I'm pretty sure that the other rinks excluding the Idaho Ice Rink, but they're not for public use. They're all hockey and based upon the Steelheads. Driving all the way out to the rink every morning takes a long time and it's, like, really tiring to go all the way out there. An ice rink and all the other little businesses aren't going to bring so much traffic that it's going to cause that big of a problem because if you drive Fairview, that's only, like, two lanes, and there are businesses all over it. No matter where you go there's going to be traffic. NO matter where you go things are going to grow and get bigger whether it'd be a Wal-Mart, an ice rink or something like that. I think that you should make the roads wider, but I think that should happen in time instead of waiting so long (inaudible) until something else is proposed in this building site. Thank you. /.n....... Meridian City Council Speci{ ~ting May 2312000 . Page 46 ( Gale: Mayor Corrie and City Council members, I'm Norma Gale, and I reside at 299 East Spinosa Drive in Meridian. I would be very much in favor of the ice arena. It's needed by the youth of our community, and selfishly, I know it would help my grandchildren who go out to Ice World out by the outlet mall and also downtown Boise. So I would think it'd be wonderful to have this facility in Meridian. I realize the problem with traffic, but I think historically the Ada County Highway District has responded after development when they see it is indeed going to take place, and I assume that the developer would help with the costs of the road. So I ask that you would approve the Resolution Business Park. Thank you. Corrie: Anyone else? Barren: Good evening, my name is Michelle Barren, and I reside at 2512 East Meadowwood Court in Meridian. I'm the mother of the daughter who just came up here to speak. We just, as she said, moved here from Jackson Hole, Wyoming, where development there is a lot harder than here. I am in agreement for the ice rink being built. She is an ice skater as well as I have two children who are hockey players. The commute here is much longer than what we used to make, and it's very hard when you have two full-time parents that are working to be able to also get your children to their activities whereas with my children, it's hockey and ice skating. They've been doing it for many years, and I would hate for them to just discontinue that because with working where we have to work, any families - both parents have to work to bring in an income, and I hate to do that because of my schedule and how far the rink is right now going to the Idaho Ice World. I can understand the situation with the traffic, but I see that everywhere I go now. I see that on Franklin Road. I see it in other areas, and as I would hope that it eventually would take action (inaudible) but I'd hate to see this delayed any longer for the children of the community here in Meridian. I do notice that they do need some more things here in Meridian for the children, and it's very good to have something for the children. The needs, the sport - they need to be involved so that they stay out of trouble. I think it's a big reason why - my daughter hasn't been in as much trouble as she probably could have if she didn't have this to fall back on and keep her attention. So I would like to see this approved that they can at least get working on the developments over there and hopefully the situation with the roads will come when it's needed. Thank you. Corrie: Thank you. Anyone else at this time? Okay. Becky. Bowcutt: I'd like to remind you that this particular application just involves that corner for the annexation and the rezone to that neighborhood commercial. As I stated before, all those uses are in concept only. We would have to come back before you, go back through the Ada County Highway District, public notice would be sent again for any specific uses. So although we're here asking for annexation and zoning and a conceptual approval, we do not have any particular user on this southeast corner. So really, technically, we don't have anything Meridian City Council Speci{ Jting May 23,2000 ... Page 47 going in there at this time. There have been a lot of comments about traffic and the apartments, and I'd like to hold my comments until I get to that one. deWeerd: Mr. Mayor, I just have a question. Becky, what is your phasing idea? I mean, when do you think that you're going to bring anything back to the Council on this? Bowcutt: On the corner? There's nothing scheduled at this time or has even been really discussed in any detail. We were thinking five years. Probably five years out. deWeerd: Thank you. Corrie: Okay. Do you want to address the request for Conditional Use Permit for proposed planned commercial development? That's part of that. Okay. How about the preliminary plat on the building lots and 2 other lots on 1 07.5 acres? Do you have anything - actually on No. 12. Kind of- Bowcutt: Didn't you skip the rezone? Corrie: Did I? Well, that's sorry. That's a planned commercial development. (inaudible) Item 11. That's right. Bowcutt: The remainder of the property there that is cross-hatched is currently zoned R-4. It's annexed into the City. When that property was zoned and annexed, there was a preliminary plat as Shari indicated called Sundance Subdivision. It was all single-family dwelling lots. The Meridian School District approached the applicant and asked if they would be willing to sell 55 acres of this parcel for a future high school. They were in dire need of a site south of the freeway. They had monies that needed to be spent within a certain period of time. They had another site that they thought they were going to close, and it fell through at the last moment. My client agreed to sell that to him, but one of the things that we discussed when we met with the School District was they wanted our assurance that we would not put any single-family dwellings north of that school. We do not want to create another Borah High School situation where we have substantial cut-through traffic through single-family neighborhoods. They said office, multi-family, some limited retail, any uses like that would be acceptable. And we agreed. When the Council zoned the property north across Overland to C-G for the Freightliner, I came before this body and testified that it would be difficult to put single-family across the street from that type of intensive commercial use. That we would probably have to change the use. At that time, the designation on the Camp Plan was single-family residential. As I stated before, we came back through and asked for mixed-planned use development, and that was granted. We chose the L-Q zone because it's kind of a nice umbrella zone, and with the planned commercial development, it would allow different uses within that L-O. But it was not intensive as, say, the C-G. The Meridian City Council Speci{ ~ting May 2312000 '. Page 48 ( School District has looked at our site plan. We've discussed our collector roadway system to them. As you may recall, Mr. Voigt and some of the other property owners in the area have spent a lot of money getting the sewer across the freeway. They worked with the City in conjunction with boring water and taking water north and taking sewer south. Sewer has been extended up to Overland over here on the corner. Water has been extended down and across the freeway so those facilities are available. As far as the roadway system, the way Ada County Highway District works is these roads are paid for in arrears through impact fees. That's how we do it. We have worked closely with the Highway District. We went before the Commission and talked in depth about what we'd like to see out there. They've got Overland Road targeted for five lanes in 2004; however, if the bond issues pass this fall, the School District indicates they'll begin construction Spring 2001 and have the high school occupied by the Fall 2002. So we urge the Highway District Commissioners to accelerate their plan and rebuild that to five lanes since that high school will most likely be coming on line within a couple of years. The other thing we brought up with them, they have set forth the requirements for us to build a third lane all along Overland Road to trust fund for 75 percent of a signal at the collector roadway which will come out of the high school site. To trust fund for 25 percent of the signal at the intersection of Locust Grove and Overland. Then install, obviously, sidewalks along Overland and Locust Grove. The point that I made before that Commission was - I'd hate to spend a considerable amount of money on that roadway if in 12 or 18 months they're going to come in and tear it out and build the five lanes. If the monies are going to be spent, let's do it right. So we've been working closely with them and going over ideas. Now the problem that arises is that we have impact fee money. They said they've got - I think their staff member indicated a million dollars that they can allocate to the roadway, but they've got to find matching funds within the budget because they can't rebuild the existing lanes with impact fee money. So they have to re-budget to accelerate that building of Overland Road. But if need be, we will build the third lane because that is the added capacity that would be necessary, and when they look at our projects, they look at it from the worst-case scenario, the maximum build-out, and this is a phased project. I think I stated in the application the first one to come on line would be the ice arena. They would like to begin construction this year if at all possible. They want to be located next to that high school. They think it's an appropriate area. They like the Meridian area. Easy access to the interchange at Eagle Road. The apartments would like to begin construction of their first phase in Spring of 2001. Other than that, the only other user we have is the LOS Seminary. They'll have to come back before you with a Conditional Use Permit application. So as far as the first phasing, it's quite limited. But the commercial alone will generate, according to Ada County Highway District, a million dollars in impact fees just with the commercial on the corner. Not including any of the commercial or the office or apartments on the other side. We feel we've got a really good project. We want to get that collector roadway. We've got to get the sewer and the water down to the school site, and we feel this will compliment the City. We also feel it will provide necessary Meridian City Council Speci{ 3ting May 23,2000 ... Page 49 ( services out to this suburban area, and if you can capture some of these trips, then we decrease the number of trips on the interstate as they go to Ice World. On all the other roadway systems, the further they've got to travel to have necessary services, then the more impact we have on our transportation system. So if we can provide some of these neighborhood commercial services out in the suburban areas, we will cut down on the traffic. We feel this is a good project. We would hope that you would support it, and we think the L-Q zone is appropriate. Corrie: Okay. Any questions at this point? Thank you, Becky. Shepherd: Dave Shepherd, 1791 South Labrador. We're wondering about the impact in our area and who cares about us. We're putting our names on paper. We'll send them out here, but we're not getting any recognition. This is going to really affect us. It's five years down the line for that piece of property. Then come back in five years when you've got something on paper. You know, I'll look up the street (inaudible) just like I'm looking at you, and I have to see what's up there. It affects my property rights as well as everybody else. So we need a fair shake. Corrie: Any new testimony, please. If you have been up here before, you've already had your say, and if you're going to say it again, we don't want to hear it because you're already on the record with that testimony. If you've got something new that you want to add on this part of it, you're welcome to come up. Bertell: I just wanted to clarify one thing that I was concerned about. I'm sorry - Marion Bertell, 2534 South Velvet Falls Way, Meridian. On the lower part of site A, there is no provision, the only ingress and egress road is that one road that comes down to the high school site and to the ice arena site. A 600-foot road. If there is an event at the ice arena that lets out for the evening and, say, a basketball game lets out at the high school, and someone is hurt in there, and that road is blocked with traffic leaving, there is no provision for an emergency access road for a vehicle to get in there to help someone that's hurt. I truly feel that on Site A at the lower end there should be an ingress and egress emergency road to facilitate help for people that might be hurt when they can't get in there because of traffic. Thank you. Barren: My name is Michelle Barren, 2512 Meadowwood Court. I wanted to just add in regards to the high school that I was very shocked when I moved here to find out that my daughter's high school was Eagle High because our nearest crossroad is Eagle and Fairview. Eagle High is farther than Centennial High; it is farther than Meridian High for her. The reason I was told this was the other two school districts are overcrowded. So she does have to travel much farther. I hope she gets her driver's license this year, and that's going to be farther for her to drive. I'm sure being a new driver, too, I would prefer she went to the other Meridian City Council SpeCi{' ~tjng May 23, 2000 " Page 50 school as well to be closer as well as the ice rink being closer to her. It'll be a shorter distance for her. In regards to the roads, Ada County coming in and widening the roads, if - what better way to get them in there to start widening the roads than to start building some businesses down there, and then maybe they will get in there much quicker, then if we don't, they probably will push it back and take care of some other roads. This will be a good way to get them in to start building the roads if we start building down there. Corrie: Thank you. Anyone else here on the Item No. 11, the L-O and C-G zones? Okay. Becky, on the preliminary plat, 17 building lots and 2 other lots on 1 07 acres; do you want to address that now? We're on 11 now, sorry. Item 11. I'm one step ahead of you. Rezone - Sorry. We're on 11 now. Oh, you're done with 11 now? So we're on 12. Bowcutt: Becky Bowcutt, 11283 West Hickorydale, Boise. This is the subdivision plat which we have submitted as one of the applications with this property. The first phase of this subdivision will encompass this area here. This is not part of the first phase. Obviously, we wouldn't plat that at this time until we know what's going to happen down the road. The roadway network system street you see here is a big collector roadway. This will be a signalized intersection here. Ada County Highway District has indicated that they would not allow this high school to go in there without that light. The School District has assured me that they wouldn't go in there without that light. One of the things that's going to happen is you're going to have these peak hours for the high school. The District likes the fact that they'll be platooning these cars right here, and then they'll have the signalized left-hand turn. The advantage of putting a signal here is it causes the cars to platoon at this point here heading west which then allows breaks in the traffic for this particular intersection to make a left-hand turn at Locust Grove. Locust Grove at this time is a level of service A. Overland Road is a level of service 0 at this time. This roadway network here, there were comments about the ice arena which will be located on this Lot 2, Block 1, here that this is the only access. That is not correct. This is a public street. It's built to collector standards. This is a public street stubbed over to the east. That will be built to collector standards also. This is a little, what we call, round-about here with landscaping in the middle. We have one, two, three, four accesses on Overland in alignment with the access points to the north of Overland, and then we have two access points on Locust Grove and the Highway District made this align with Peacock, and then they made us offset from the new LDS church's driveway here. So we did have to change our approaches at this location. When I met with your staff, they indicated that they thought it would be preferable that the School District lot be platted at this part of our application. The reason being is at one time this was all one parcel. If you recall, the City of Meridian owns this 4.2 acres in the corner, so there was a division that took place when this property was - when I think the subdivision was approved, the residential, then the School District purchased this, and then an easement was granted for access out to Overland. So staff said basically there's been multiple divisions, and we want .r..- Meridian City Council SpeCi{ ~ting May 2312000 ... Page 51 ( that included. So that is why we have included the School District lot. They are not part of the planned-unit development. They are only part of the plat. That's what they consented to. We have to take sewer and water, extend it down Overland and down this collector roadway to get to the school site and (inaudible) power. That's where their primary access will be. There is a stub street here at Raven Hills. There's a stub street here at Los Alamitos. Now, obviously, those are located at the time when it was anticipated when there was a subdivision, residential subdivision, that was going to take place here, and these matched up with that layout. I talked with the School District's architect today. They only have what they call a rough sketch of their site plan, and would not even give me a copy of their rough sketch because the School Board has not endorsed it, nor have they put it out for public comment. Within 30 days they feel they would have more detailed information. At this time it's conceptual, bubble- concept only. So as far as the primary access to the school, it will be here. The Highway District has indicated that these roadways would not be used for vehicular access with the school. They would be used only for emergency- vehicle access to provide secondary means in the event that there was blockage here. So we do have multiple points of access if we - when they get their site plans solidified, then we'll be able to see how they're going to be able to make these interconnections at this time. I can't tell you. But Mr. Carberry and the School District has received copies of our site plan and our plat. We work with them all through this process. There are a couple things I need to go through on the conditions. As you know, it states on the staff report, unless expressly modified by the Council, these conditions shall apply. Under the preliminary plat requirements, there is Item A. We would like to have our landscaped lots along our perimeter to be in easements versus separate lots. I believe staff's comment was they could live with that as long as we did provide them with CC & Rs that set forth responsibility of maintenance by the Association and not by each individual lot owner so that you would have consistency in landscaping and maintenance. Item 10 under the preliminary plat, staff indicated that they would like the western boundary which would be the multi-family parcel not to have a fence. The applicants for the multi-family have stated that they would like to have a fence for security purposes especially if this were to develop retail or office in the future. Then that would give them some privacy, and, obviously, some buffer from those uses there. So our preference would be to allow some type of fencing along this Hunter Lateral. The staff has asked that we pipe the Hunter Lateral. First we thought about trying to leave it open. We have agreed to pipe it. We are in agreement there. Item 13 deals with this roadway here. We gave it a name, the technician put a name on it. Staff thought that would be like a private road. It's just an access drive. Just the same that we have through this parcel here for access behind this building. This is a retail building so they'll have some access here. So we did not intend for that to be a private road; therefore, requiring curb, gutter and sidewalk built to ACHD standards. It's just an access, kind of alleyway. So we want to make sure that that is on the record. Now, staff has put a note on here stating that the final plat must be required prior to the issuance of any building permits or Certificates of Zoning Compliance. /...~..... Meridian City Council Specil Jting May 23, 2000 "- Page 52 t r-". . ( (. With the high school going in, I'm not sure how that's going to impact them. Obviously, if we were able to process the construction plans and the plat in a timely fashion, hopefully it wouldn't impact them. But if they've got a schedule and the plat's not recorded, I do see some problems arising. So I don't know if the Council has any ideas or staff has any ideas. But that was one concern that we did have. Other than that, that's alii have under preliminary plat comments. deWeerd: Mr. Mayor, Becky, why in your planning on this plat do you not have emergency access over to the west from Site Band C through Site A? Bowcutt: We - the Planning and Zoning Commission asked us to make some interconnection between Site A and Site B since this parcel was long and large, spanning one-half mile, we broke it up into A, Band es. This is 8 here, I believe. We provided access out this direction into this traffic circle here. That would obviously eliminate some of the trips out on the exterior roadways for the residents of the multi-family area to come into this retail area. Then there's interconnections between the multi-family and Site C. They have an approach there on the collector roadway. It's difficult to see on that drawing. It's easier to see here. So there's an access to the multi-family off of the collector. They've also got an independent access here at Overland Road. I believe that is in alignment with Cesco. Then this is where we're making that interconnection here. Now, one of the things that we talked about with the Commission was how to keep the high-school kids from finding these other routes out of the site. We want to concentrate the most there at these signals. One of the things that the Commission talked about was possibly some type of a combination keypad gate at these locations here to keep kids from possibly wanting to wind their way through. There's also speed bumps which the Fire Departments don't like. deWeerd: Has the Fire Department seen that? Can they maneuver that little circle there? The traffic circle? Bowcutt: That would be designed to meet their standards as far as the ratings, yes. It would have to meet all Uniform Fire Standards. All of the radiuses within the complex would have to meet their standards so that you can easily maneuver a fire truck around any medians or any parking areas. Now, in my past discussions with Mr. Bowers, he's indicated that if you were to gate something that he would want to the opticom gates. So I did indicate to the applicant that that would be a requirement of the Fire Department if the Council allowed this to be gated. Corrie: Okay. Public testimony on that one? Okay. Waite: Again, my name is Bruce Waite, 1753 South Labrador Place. I've got a couple of comments. One of them specifically. It seems like there are a lot of pretty pictures and a lot of sweet-talk about this development providing a lot of access and all the things for the high school. I would like to remind you that that Meridian City Council Specia( ':ing May 23, 2000 "" Page 53 ( bond has not been developed. It's not been put to a vote. We don't know if the high school is eventually going in there or not. There's a lot of basis for this development, a lot of sweet-talk based on access and providing things for the high school. That's a whole separate issue. The community and especially the residents in that area need to address that when that bond issue comes up. I would hope that doesn't influence you (inaudible) project. The second item on Site A, having an access out on Locust Grove directly across from the street where I come out on Locust Grove, if any of you live on Maple Grove and Overland, there's a similar short cut. Any time there is a short cut around a stoplight, there's a tremendous amount of traffic that uses those short cuts around stoplights. Originally, when some of us went to Planning and Zoning, there were to be no accesses out from the western Site A on Locust Grove. I think that would create a fiasco in itself. I do want to remind you that the school bond has not been voted on. Don't let that influence you on how you vote on this. Southerland: Ted Southerland, 2365 East Three Bars. I don't know, you probably don't know if the LOS Church is already well into construction on that building out there. I don't know if they've got easements or approvals or whatever the comment was made, but they would have to do something before they got done. The other thing is if you read the Boise paper today, APA is talking very seriously about some work cutting down on some road construction in Ada and Canyon County, and I think that should be taken into consideration in your decision tonight, also. There is no way in the world that if they're going to shut down part of the construction on the Flying WYE that they're going to come out and do anything on Overland Road. Corrie: That's a whole different thing. Okay. Anybody else? Southerland: (inaudible) Corrie: It does, but it doesn't have to do with this right now. It does on the Flying WYE; you're right. Bertell: I'm Marion Bertell, 2534 South Velvet Falls, Meridian. Regarding impact fees. Everyone's talking about we have to build to get impact fees. All along the north side of Overland, there are huge commercial development. They've already paid impact fees. This hasn't developed Overland. I rest my case. Corrie: Anyone else? I guess we're on 13 on the Conditional Use Permit for ice arena, pro shop, fitness center, restaurant and locker room and storage. McKeegan: My name is Patrick McKeegan representing the applicant on this. My address is 419 South 8th Street, Suite B in Boise, Idaho. I'm the architect on the project. I don't know how much information you'd like to have, and because of the lateness of the hour, I could give you a very brief description of the Meridian City Council Specia( .ing May 23, 2000 " u Page 54 ( information; an overview, and then you can ask me questions. The testimony and our application was relatively complete as to what the use of the facility is going to be. It's going to be approximately 90,000 s.f. Two sheets of ice, one of which is going to be an Olympic sheet of ice which will be the only Olympic sheet of ice between Salt Lake and Seattle area when it is completed. That's important because contrary to what everybody thinks, the rest of the world skates on Olympic ice sheets. The United States and Canada are the only ones that use NHL-size hockey rinks. The reason we're putting in the Olympic sheet is so we can get some venues in that normally aren't coming to Boise because you don't have the larger ice. In the application, the figures that we have used for seating are the maximum for a venue. That includes - that would be if we happen to have venues in both of the arenas going on at the same time. That would very seldom occur that we would have packed house on both sides. In most cases, the usual case for this is going to be two teams practicing on each sheet of ice which would be 16 people per team, referees, coaches and such. During that time period and teams waiting to come on the ice or going off of the ice, you'd have between 120 to 150 people within the facility. We have parking way in excess of that. The - for the shows and stuff, we'd probably only run one sheet of ice. It doesn't make sense to have a special show on one side and then have something competing on the other side. We might have tournaments, but again, during tournaments, you can only have four teams on the ice playing, and they'd be rotating through. So you might have people waiting, but you're not - the figures that we have showing for the seating would very seldom be maxed out. Usually that would happen when the office and retail portions were not in business. If we were going to bring in an Ice Capades or something like that, we wouldn't do that during the day when the businesses were going. We would do that in the evening to attract people. At that point in time, the office and the retail parking would become available for overflow parking for our use. Becky addressed the issue of access to the site. There are two roads coming in off of Overland directly contiguous to our site. There's also the stub road going to the east which we anticipate there will be some development to the east that we would tie into which would give a third access point to Overland Road for our ice facility. We chose Meridian, we chose this location for the reason that the young ladies earlier spoke to. All the other venues for ice skating are on the other end of the valley, and if you're driving from Meridian or from Nampa or Caldwell to skate, it's a pretty long drive. We also knew that in the City of Meridian there's a great need for additional facilities for youth to have a place to skate or for them to - we're going to have a fitness center for them to participate in that. We'll have - anticipate some kind of a restaurant in location, and then also a pro shop in conjunction with the theme. The owners of the property are working on some synergistic-type uses with Raging Waters to maybe do some passes to where you could go during the summer. You could go to Raging Waters for two or three hours and just bake yourselves crazy, and then you could come down to the ice rink two or three hours and skate and cool off. Putting together some things like that to give us some recreational opportunities in this end of the valley. The obvious connection with the high school is one that we've tried to do. It's our Meridian City Council SpeCia( Jng May 23,2000 "" Page 55 understanding that within two to three years the State Board of Education is going to be considering hockey as a letter sport in the state which is going to increase the need for this type of facility. We've also been approached by other communities in the state to duplicate this facility in their communities to try to get - ice skating is really coming to this part of the country, and it's coming very quickly. All of the participants in the project except for me with my bad old knee are skaters and hockey players and associated with ice sports and are bringing that load to the project. The design of facility is we're placing the main sheets of ice and the locker rooms and everything - *** End of Side 4 *** McKeegan: -- building would be lower. In relationship to the structures around it, the high school auditorium and gymnasium being (inaudible) actually be higher than our facility. On the main level, we're going to have the fitness area in front. The fitness center and the interior's going to be set up with a clear span of courtyard, mall-type of a look so we can figure the spaces inside without having to figure any bearing walls or anything like that. All of the mechanical equipment is going to be housed into an interior mechanical rooms above the fitness room of the offices on the south side so you won't have any rooftop equipment showing except for whatever explosion hatches or emergency smoke venting or whatever the Fire Department or the Fire Code requires out in the perimeter of it. The ice machines and everything are going to be on the south side of the facility. The actual machines are going to be in enclosed rooms with cooling power, again, facing the school away from any residences or any buildings like that. We placed the building in the corner of the site with the parking around the front so not knowing what was going to be new developing on the east side and the south side. We wanted to use the building as a buffer for the parking uses. The parking lot will obviously be lit for events, but we'll have the lights on a timer so that later in the evening when there's not as much traffic on the site we can lower the light level and lower the impact on any of the uses. One other item. I'd like to have a formal correction to the recommendation. I think somebody's word processor - because in Item 1.2 in the recommendations, it states that the recommendation from the Planning and Zoning Commission, and it should state a minimum of seven handicapped accessible spaces should be provided to serve this facility. Appears like something from a previous report was entered on the tail-end of it about pavement and Overland and Locust Grove, and we don't have any access to those streets and aren't contiguous to those streets. I believe that that last portion of that sentence is applicable to the development as a whole rather than our specific project. With that I will open myself for any questions or comments that the Council may have. Anderson: Mr. Mayor, what did you say the seating capacity of the ice rink was? McKeegan: According to my notes, 1 080 is the seating capacity of the total facility. That's both sides of the rink. Of that there are probably only fixed I"" Meridian City Council Speciarl jng May 23, 2000 "" Page 56 ( seating in the range of 300 to 500. Most of it is going to be portable seating to be brought in for special events so that the portions off-rink can be used for dry skating and dry training. Anderson: Which was the condition that you said didn't apply? McKeegan: On my - it's 1.2 on Page 2 of the Recommendations to City Council at the bottom of the page. It applies, but it's just the only portion it applies to is the handicapped spaces which we don't have any problem with that. I just wanted to make sure that since this was the official record that it reflected the text of the Planning and Zoning Commission's recommendation. Corrie: Any other questions? Bird: I have none. McKeegan: Thank you very much. Corrie: Testimony on the ice rink's Conditional Use Permit? Okay. Another request for Conditional Use Permit for a 200-unit luxury apartment complex, proposed L-Q zone for Resolution Business Park. Day: Mr. Mayor, members of the Council, my name IS Daman Day. I'm representing Desert West Properties as the applicant for the Cond itional Use Permit for the 200-unit luxury apartment complex that's been part of this commercial development. My address for Desert West Properties is 1 00 West Overland Road in Meridian, Suite 201. As has been previously explained and see on the map, the location of the 2DD-unit apartment complex will be fronting Overland Road and would have frontage on Millennial Way which would be the access point to the area with the proposed high school. We are proposing a 200- unit complex which would be 20 buildings of (inaudible) that's per building. The (inaudible) drawings here that I can show to the Council, and they would be available for the Council and any of the residents that are here at the hearing this evening. Here is a site plan for the multi-family portion of the complex presenting the layout for the buildings as well as including the buildings, the 20 buildings that would be here, each housing 10 units for a total of 200. (inaudible) plans for a clubhouse that would include exercise facilities, a business center for use for the residents of the apartment complex as well as a pool and other amenities for the residents. One thing I would like to clarify is this is a - this concept is a patented concept. We went to some architects out of Dallas that specialize in projects that are specifically designed to blend well with upper-end residential applications. These complexes you will find in some of the more exclusive areas of the country. You will see, as I show you, the elevations and explain some of the things that are provided in with the apartment complex that are apartments designed for renters by choice. People who are either down-sizing, do not want the maintenance issues that go along with the single-family home or those who Meridian City Council speCia('-' Ling May 23,2000 . Page 57 are choosing to rent based on the surroundings and the type of development that we are providing with this complex. As I mentioned, the concept is referred to as "The Big House" Concept. The reason being is that the elevation that (inaudible) each building proves to be a large single-family home, so it gives the appearance as opposed to a traditional garden-style apartments where you share accesses and entries. These complexes provide a privately-issued garages, private access to the units. Again, a very nice curb appeal for each of the exposed areas of the building. So we will see that it doesn't really look like any apartment complex that we normally think of when we talk multi-family housing. It is certainly not like anything that we have here in the Treasure Valley. We believe that this will be the nicest apartment complex in the state of Idaho. Our proposal to bring (inaudible) overall conventional development use that we are not only lessen (inaudible) impact of vehicular trips, it is - (inaudible) 2DD-unit complex as recognized by the Highway District in their traffic report, it actually produces less trips than other commercial and retail. So we feel like it's a good mixed use development and a good use for the 14.7 acres which we are proposing to put the apartments. As I mentioned, it's 14.7 acres (inaudible) density of about 13.70 units per acre. The (inaudible) arranged for a mixture of (inaudible) proposing about 4D percent will be one-bedroom, 40 percent will be two-bedroom, and the remaining 20 percent will be three-bedroom units. With that there are either single-car garages or two-car garages that are provided with the units. Square footage would range from about 750 s.f. for a dwelling up to the high end of about 1348 s.f. per dwelling unit. High ceilings, amenities you would find in the upper end homes that would allow us to command rates that would be - I don't recall the exact average, but it's up there. It would be pretty high end of the market. I would be happy to entertain questions. I do have both of these elevation drawings that, obviously, (inaudible) leave them here for anybody to look at. I do have some floorplans for the units as well as the clubhouse or any other portions of the development. Corrie: Council, any questions? Bird: I have none. Anderson: I have none. Corrie: Okay. Public testimony on the request for Conditional Use Permit for the luxury apartments? Becky, do you have anything that you want to say as far as the development is concerned on the items that have come up? Bowcutt: Yes, sir. Under the conceptual planned-unit development application, on Item 4, you guys in the Code you have your standard requirements that ask that maintenance buildings be provided, areas be provided for recreational vehicles. In my comments to staff, we indicated that recreational vehicles will be prohibited in this apartment facility. They will not allow any RVs; therefore, we don't have a need for that. As far as maintenance, nowadays we contract with Meridian City Council speCia( .. ting May 23,2000 . Page 58 landscape companies that bring their own equipment off site, so there's no need to have any storage of a maintenance buildings around. The most important thing was staff's recommendation on the parking. Your Ordinance calls for two units per dwelling unit for multi-family buildings three units or above. That has always been the standardized number; it's consistent with other jurisdictions in this area for multi-family. In this particular project, they have the one- and tWQ- car garages. They also have some open parking. Each unit would at least have a minimum of one enclosed garage that is attached to the dwellings. Staff indicated that they wanted to see 2.3 parking spaces per dwelling unit. Under the PD section, there is an obscure comment that this is - my experience with it being implied - it says Hone additional parking space beyond that which is required by Zoning Title may be required for every three dwelling units to accommodate visitor parking." Well, the nice thing with this facility with having a lot of these enclosed, attached garages is you don't have all that hard-surface parking asphalt area. It allows you to have more landscaped areas and less parking. We have 401 parking spaces, and that would include the garages and any of the open parking. In addition to that, there is parking in front of the garages which is consistent with some of the other complexes that I've dealt with: Renaissance Apartments out at Boise Research Center on Chinden. I was involved in that application. Those units had enclosed garages and when people go to visit, I've been over in that vicinity, I see that there are cars parked in front of the garages. Obviously, if there's a husband and wife, they only have a one- car garage. So we feel that with that - even though that doesn't count for the two spaces per unit, we have met the intent with 401 spaces of the Code, plus we feel that we've gone beyond that to impose the point three, I don't think it's practical. All that's going to do is take away from landscaping and put more asphalt down. It's a really good site plan with a good concept. I would hate to add more parking. So I'd like to ask you to please take that into consideration. Oh, the other thing was a limitation on 30 units. deWeerd: Mr. Mayor. Becky, I just had a question. Are you refe~ring to staff's comments or to the recommendation by Planning and Zoning? We don't have staff's recommendations. We only have the recommendations from P & Z. Bowcutt: it was in staff's recommendation. deWeerd: Are you referring to 1.1 on Page 2 or the staff recommendation for the 20Q-unit apartment complex? Bowcutt: What does it state the parking requirement is (inaudible) matrix, doesn't it? deWeerd: No. It just says our requirements provided in the PD-C section shall apply to Site B. Apartment complex shall be incorporated here. Is that what you're referring to? I~ Meridian City Council Specia{ ting May 23,2000 "" Page 59 Bowcutt: Yes. Part of that PO section is these provisions dealing with RV parking, maintenance building, and then the additional point three. deWeerd: So P & z- Bowcutt: So it's Section 12-6-8, Design Standards in the PD. deWeerd: So P & Z is supporting staff's recommendation, or did they modify it? Bowcutt: We went for four or five hours. I'd thought that they had concurred with us. I believe that's what I came away. I'm not sure how the attorneys viewed it when they wrote up the recommendations from the Planning and Zoning Commission. I believe Steve was at that hearing. Shari was out. deWeerd: Mr. Borup's here. Bowcutt: Maybe Keith can enlighten us. Borup: Yes, we did concur. Becky, just to reiterate, you have 400 parking places now plus an additional 200, so you've got room for 600 cars? Bowcutt: I've got, I believe, 553 if you counted the tandem. The requirement is for 400. Borup: That was what I think persuaded P & Z is they - similar to a single-family residence; the space in front of a garage is used for parking in a single-family residence, and that's the same aspect of the plat here. deWeerd: Thank you. Bowcutt: Yes, the .3, the Ordinance says "may," and it talks about visitor parking, not for the resident parking. So we have met the requirement as the Ordinance for two plus additional tandem. Corrie: Any questions at this point? Okay. Thank you. Bird: I have none. Corrie: All right. Thank you. Bowcutt: One other issue. In the recommendation by the P & Z, there was discussion in there about the five-lane roadway. Corrie: In which one? /~:,..-,._..... Meridian City Council Special( Jng May 23,2000 ' Page 60 Bowcutt: I can't remember. There are six of them. In the motion in the minutes when I read through just to refresh my memory, there was discussion about the road improvements and at what point in time would these road improvements be required. I believe the Commission on their recommendation stated that no building permits would be issued until such time as Overland Road was rebuilt to five lanes. Obviously, the public hearing was closed at that time so we could not comment; however, I'd like to state for the record in working with Ada County Highway District, I obviously can't insist that they build those five lanes. We can do what we can to encourage them and try to get them to participate with us with the argument that it's public funds will be saved in the long run and that is necessary improvement in that area. But to state that no building permits could be issued, that I believe is harsh. That would obviously impact the high school. That was one of the discussions, I think, in the minutes that Mr. Barbeiro brought up was if they limited these building permits, the high school as' part of this plat would also be restricted. We only need the third lane to accommodate this development. Capacity does exist. With the phasing of this project, the Highway District was satisfied the lower traffic generators are the first couple phases of this project. The retail will contribute 65 to 70 percent of traffic. The apartments generate just a little over five trips per dwelling unit. A single-family dwelling generates 1 0 trips per dwelling unit. So the Commission did approve this based on the fact that there is capacity that with the improvements they have requested of us, the additional capacity will be created to accommodate us at build-out. They are extracting a considerable amount of money for trust funds on these signals that they indicated they will put in as they feel they are warranted. Like at Locust Grove and Overland. Do you have any questions? Bird: I have none. McCandless: Mr. Mayor, Becky, you keep talking about a third lane, and you guys are going to put that in? Bowcutt: Mr. Mayor, Councilwoman McCandless, yes, the Highway District has stated that they want us to install a third center turn lane along the half-mile of Overland Road frontage. They've asked that we install center turn lanes that coincide with the Locust Grove approaches. It's kind of allowing that traffic to get out - that free-flowing to make that turn into a particular project. Then they've asked for 75 percent trust fund which I believe is $112,000 for the signal at the new collector that would provide access to the high school. School District would be a participant in that light. They imposed the requirement upon us because the City does not require a Conditional Use Permit for the high school. So the Highway District would have no opportunity to impose a requirement, so they did it through the plat and through us. The District has stated that they will pay their proportionate share. Then we've got a trust fund for $37,000 for 25 percent of a light at Overland and Locust Grove. Plus we'll be installing sidewalk on Locust Grove. They asked for $52,000 in trust fund for sidewalk on Locust Grove and Overland; however, we did request that we be allowed to install that. Especially Meridian City Council SpeCia( jng May 23.2000 "" Page 61 ( with the school going in shortly. Our idea was we wanted to keep it in our landscaping so we didn't have any conflicts. They don't like to go in and tear sidewalk out, so they didn't want us to put it in a right-af-way. They wanted us to give a trust fund. The City has always been af the City that they wanted the sidewalks to go in when the projects go in. So they thought they could work with us if they could meander it through our landscaping. That's what we show on our site plan. We show that coming in right here on this landscaping. Then we've got it meandering down here. deWeerd: Mr. Mayor, what did ACHD say about when the installation was on the line on Locust Grove and Overland would be going in? Bowcutt: I brought to their attention the concerns of the residents. I've talked to I think the President of the Meridian Greens Association and I talked to some residents that live in Sportsman Pointe. They said that it's not warranted at this time. The intersection operates at the level of service A, and the left-hand turning movement, I think, is a level of service D or F. You've got 3500 vehicles on Locust Grove. That was as of 1999, the vehicle count. With the intersection that we're creating at the collector roadway, there will be 5000 trips. Three thousand of those will be generated by this high school. They would not give me any time table. They just stated in this staff report that they will install it when warranted. But by putting the light in the collector will create a tuning effect which will alleviate some of the problems that you've got that they're trying to make that left-hand turn because you've got a full mile of traffic that's free-flowing in both directions. You don't have intermittent areas like you find where you want a signal a half-mile mark or the quarter-mile mark where it creates those gaps in traffic. So that does help the situation. ACHD is also installing free turn lanes at the intersection of Eagle Road and Overland. In fact, they stated that they will begin construction on that within just a couple of months. That will enhance that intersections' capacity. Then they've got Meridian Road and Overland intersection listed on their critical intersection list, and they hope to get that one improved too. So they're trying to get aggressive in this area. We are doing what we can to pay our proportionate share and encourage them to accelerate their plans. Corrie: Mrs. McCandless. Okay. Council, any other questions? Bird: I have none. deWeerd: Mr. Mayor, I hate to let you down. There were a number of comments that Becky had on some staff comments in one of these, and she's referring to the staff comments rather than the Planning and Zoning recommendations. I don't know if any of the other -- (inaudible discussion amongst Council members) Meridian City Council SpeCia( Jng May 23, 2000 . Page 62 ( Bowcutt: If I could make it easier, I have my written responses. Do you have that? Those items are balded. deWeerd: But those are in response to staff's comments. Bowcutt: The staff report does say that all of their requirements and suggestions apply unless expressly modified by the Council. So we have always had a two- leg system where even if the Commission concurred with us, we also had to make sure the Council did. Anderson: Were there quite a few of them that you disagreed with? Bowcutt: No, sir. (inaudible). (inaudible discussion amongst Council members) Corrie: So does Council have any other questions that require any public testimony? Hearing none, 1'(1 entertain a motion on closing the public hearing. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearings for Items 9, 1 0, 11, 12, 13 and 14. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Public hearings are closed. So I assume Council wants to take these one at a time; correct? Bird: Yes. Corrie: Item 9, this is a request for annexation and zoning of 16.119 acres from RT to C-G for proposed Resolution Business Park by G.L. Voigt / Overland, LLC, south of Overland Road and east of Locust Grove Road. Discussion? No discussion, then we'll take a motion. Anderson: Well, I'll throw out some discussion first, then. Just a comment to the residents and some people fully understand this and other don't, but the City of Meridian does not build roads. Ada County Highway District would be the ones who actually build these roads. This has been a continuing problem for the City Council that we agree with a lot of the comments that were made out there. We would love to have the roads widened prior to development coming. Unfortunately, as Ms. Bowcutt pointed out, the impact fees are collected as Meridian City Council SpeCia( Jng May 23r 2000 '~ Page 63 ! ...... ( buildings are built, and we try as we may to try to get the Highway District to build these roads, but they build them on their e tables, and they build them usually when something is more of a crisis situation than what we would like to see them built. Not a good situation for us. If we were to wait until the roads were widened, we'd probably just shut down all building completely in Meridian, and there would never be any new growth. I'm not sure that that's a realistic approach to that situation. I would also make the comment that this project will probably have less of an impact on overall traffic than several other projects that could go in there including R-4 and residential. I think this, with the proximity that this has at the interchange at Eagle Road and the freeway that this type of a mixed-use would be very well suited for that area. Those are some of my comments for now. McCandless: Mr. Mayor, I agree with what Ron said. I think in some ways that this is a really, really nice concept. I think it will be an asset to Meridian. I do, however, resent the fact that the developers come in here and almost without exception, they put the cart before the horse. You've still got two-lane highways out there. I was out there today, and the traffic is horrendous without any of this coming on. I sympathize with the guy who is looking at a vacant lot now out his front window. But you can't expect the growth that we're having in Meridian that you can't expect it to stay a vacant lot. You're going to have to accept that there . is going to be growth out there. I think it's - the project is great, but we need to look at things like traffic where there's all kinds of accidents and people being killed and everything else. I just don't agree with it. You've got two lanes on Overland and two lanes on Locust Grove. I have seen projects that Ada County Highway District has put us on the five-year plan, and all of a sudden it disappears. Well, where did it go? Well, it's on the ten-year plan. I've seen it over and over again. I don't know about the overpass. We need it and badly. When is it going to be built? Nobody seems to know. We get the excuse from Ada County Highway District that we need the access before we can get it built before the Transportation Department will build it, but we haven't seen anything done on it yet. That's alii have to say right now. Anderson: Mr. Mayor, on this first item, the request for annexation on Item No.9, as Ms. Bowcutt points out, there is no plan right now for development. All they're simply doing is asking for annexation at this time, and they'll still have to come before the City Council with a CUP to build something there. In light of that, at this time I would make a motion that we approve the request for annexation and zoning for the 16.119 acres for RT and - was that the one that you were wanting to go to what was the zoning on that? C-N for the proposed Resolution Business Park for G.L. Voigt I Overland, LLC, and request that the Findings of Facts and Conclusions of Law be drawn up by the attorney. Bird: Second. Meridian City Council Specia< .ting May 23,2000 .. Page 64 (. f \. Corrie: Motion has been made and seconded to approve the request for annexation and zoning of the 16.119 acres from RT to C-N. Any further discussion? McCandless: Mr. Mayor, I will vote for this motion but for the simple reason that what Ms. Bowcutt said. They will have to come back to us before they will do any building on it, and I can see where it should be annexed. Corrie: Any other comments? Bird: I have none. RoIl-calI: deWeerd, aye; McCandless) aye; Anderson} aye; Bird} aye MOTION CARRIED: ALL AYES Corrie: On Item 1 0, this is a rezone of 37.64 acres from R-4 to an L-O zone, the proposed Resolution Business Park. Anderson: Mr. Mayor, I'll throw the motion out and see where it goes here. I would make a motion that we approve the rezone of the 37.64 acres from R-4 to L-O zones for the proposed Resolution Business Park for G.L. Voigt / Overland, LLC, and instruct the city attorney to draw up Findings of Facts and Conclusions of Law. Bird: Second. Corrie: Motion has been made and seconded to rezone the 37.64 acres from the R-4 to L-O zones for proposed Resolution Business Park. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. RoIl-calI: deWeerd} aye; McCandless} aye; Anderson, aye; Bird} aye MOTION CARRIED: ALL AYES Corrie: Item 11, this is a request for a Conditional Use Permit for proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LOS seminary in proposed L-O and C-G zones by Overland LLC, south of Overland Road and east of Locust Grove Road. Anderson: Mr. Mayor, I will again make the motion to approve the Conditional Use Permit for the proposed Resolution Business Park for a planned commercial development consisting of multi-family, commercial, office and LOS seminary in the proposed L-O and C-G zones by G.L. Voigt and Overland, LLC, and instruct the city attorney to draw up the appropriate Findings of Facts. Meridian City Council Specia( Jng May 23,2000 . Page 65 I { Bird: Second. Corrie: Okay. Item 11 is motion made and seconded to approve the Conditional Use Permit for planned commercial development consisting of multi-family, commercial, office and LOS seminary in proposed L-O and C-G zones and to direct the attorney to draw up the Findings. Any further discussion? deWeerd: Mr. Mayor, there were a couple of items on this that the applicant challenged, and that was the parking issue, storage areas which is 1.9 on Page 5. The parking is 1.5 on Page 3. That's under the conditional use. Anderson: (inaudible) deWeerd: Do you have the recommendation from the Planning and Zoning? Then 1.10 which is on Page 6. Corrie: This is the one about the boats, campers and motorhomes? Bird: Yes. McCandless: That's on 14, isn't it? Nichols: Mayor and Council, if I may be of some assistance. On Page 5 of the recommendations from the Planning and Zoning Commission, 1.9 deals with storage areas. 1.1 0 is the maintenance building or landscape maintenance-type things. deWeerd: 1.5 deals with the parking. Shari is not here - it - I needs time to read these again. Does it mention in here about the emergency-access road? I know that was something that was put on. Anderson: Emergency-access roads from A to 8 to C? deWeerd: From B to A on that low area that Becky pointed out. Bird: On 1.7 it says their access (inaudible) determined. deWeerd: Shari, does 1.7 address the issue with the emergency access on the CUP 00-017? Corrie: Talking about No. 11, Shari. Stiles: The applicant's representative did submit a new plan today that shows access - help me, Becky, if it's not right - *** End of Side 5 *** .r~.~". .. Meridian City Council Special( Jng May 23, 2000 ... Page 66 ( Stiles: -- this area, somewhere in this area that would go through, and that would serve as emergency access. There will be a bridge or a crossing over the Hunter Lateral there into this site. deWeerd: So that should just be noted in the motion? The reference to the emergency access as shown in the revision. Anderson: As shown in the revised - Nichols: Mayor, members of the Council, point of order. In Site A, this is merely a concept. Site A is not a plat, it's not been formalized. What you can do in your motion if you're inclined to is indicate that will be emergency-vehicle access between this area that's covered by this CUP and the area that's covered in the annexation and zoning - you can figure out how to word that, but at such time that Site A that there's some development for that, a CUP, a plat, whatever, there would be a place to connect to and follow up through that process then for that connectivity. But. even following this particular plan, that's what is shown because Site A is not platted. I don't think it would be appropriate to mandate that that's where it should be. You can mandate that one exists, but not necessarily that that's where it is. deWeerd: So emergency access to the west from Site B to Locust Grove. Anderson: I would amend my motion if the second would agree to require the developer to provide cross-access from Site A, Band C, provide access at such time as Site A is platted. Bird: Second agrees. deWeerd: Mr. Mayor, did you want to include In your motion, Councilman Al1derson, 1.5,1.9 and 1.10? Anderson: Actually, we want to delete those, right? deWeerd: Well, don't delete 1.5 totally. Anderson: Mr. Mayor, the City Clerk is pointing out to me that in the CUP for the apartments that those maintenance building and the storage areas and the parking are waived - the parking's not waived, but the other two are waived for the CUP for 14, so do we need to take it out of the CUP, too? This one's for the entire development. Corrie: Mr. Nichols. It's on the CUP for the apartments. Nichols: Councilman Anderson, Mayor, members of the Council, that could be done by stating specifically with regard to Item 1.9 and 1.0 by (inaudible) except Meridian City Council speCia{r, j~.'g May 23,2000 .. Page 67 (f [ for the multi-residential development, comma, and then I would also add that since the applicant has made the statement that there would be no RV parking that we simply, on Item 14 when we get there, if you're inclined to agree with that one, to say that the CC & Rs shall provide that there shall be no RV parking, boats, trailers, campers, motorhomes. Anderson: That would be item - Nichols: Well, whatever it is on the next one under Item 14 on your agenda. Anderson: Okay. So Mr. Mayor, I would make the amendment to take - delete Items 1.9 and 1.1 0 from the staff comments and on Item 1.5 allow the applicant's 401 spaces that were presented to suffice for the parking. Do you have anymore amendments that you would like to make to my motion? deWeerd: Just keeping you on your toes. Bird: Second agrees. Corrie: Motion made and seconded. Any further discussion? Hearing none, Mr. Clerk, roll-call vote, please. Roil-cali: deWeerd, aye; McCandless, nay; Anderson, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE NAY Item 12. Public Hearing: PP 00-006 Request for Preliminary Plat approval of 17 building lots and 2 other lots on 1 07.06 acres for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Corrie: Item No. 12 is a request for the preliminary plat approval of 17 building lots and 2 other lots on 107.06 acres for proposed Resolution Business Park. (inaudible discussion amongst Council members) deWeerd: Mr. Mayor, I think the only thing on here is 1.6 on Page 5. If other Council would like to discuss that, it would be really nice to the residents that have toughed it out and are still here, I know you've heard from the other Council members, but it's really frustrating dealing with ACHD, and we're trying to get our priorities - as a priority for them, they have been using our impact fees to improve our roads, and that's all their using. So unfortunately, that forces us to look at developments that would have a lower impact so that you can pay for the road improvements. As much as you disagree with it, as much as we disagree with it, it's the only way that we can get our roads paid for unless anyone has influence on the Curtis extension, perhaps we can get the funding over here for Meridian City Council Special (~ .. jng May 23, 2000' \'. Page 68 ;/ ( that, but that's not going to happen. So the condition that Planning and Zoning put in that the applicant shall enter into a written agreement with the ACHD that coordinates and synchronizes construction completion of the five-lane Overland improvement prior to the completion of Phase I occupancy, I would suggest that we strike that, so I would go ahead and make a motion. I move that we ask the attorney to draw up Findings of Facts and Conclusions of Law to approve the request for preliminary plat of 17 building lots and 2 other lots on 107.06 acres for the proposed Resolution Business Park and to delete Item 1.16 from the Planning and Zoning recommendations. Corrie: Motion has been made. Is there a second? Bird: Second. Corrie: Motion made and seconded to approve the request for preliminary plat with the deletion of 1.16, Page 5, and the other items as mentioned in the motion. Any further discussion? Hearing none, Mr. Clerk, roll-call vote, please. Roll-call: deWeerd, aye; McCandless, nay; Anderson, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE NAY Item 13. Public Hearing: CUP 00-015 Request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker room and equipment storage for proposed Resolution Business Park I Lee Smith Ice Arena by Pat McKeegan - south of Overland Road and east of Locust Grove Road: Corrie: Item 13, request for Conditional Use Permit for an ice arena consisting of office, pro shop, fitness center, restaurant, locker and equipment storage for proposed Resolution Business Park / Lee Smith Ice Arena by Pat McKeegan. This is the one that they requested the deletion of 1.2 - (inaudible) Locust Grove and Overland Road (inaudible) - Bird: With a minimum of seven handicapped-accessible. deWeerd: Mr. Mayor, I move that we ask the City Attorney to draw up Findings of Facts and Conclusions of Law to approve the request for a Conditional Use Permit for an ice arena, et cetera, by Resolution Business Park and Lee Smith Ice Arena and to amend 1.2 on Page 2 of the recommendations from Planning and Zoning to read "a minimum of seven handicapped-accessible spaces must be provided to directly serve this facility." Corrie: Anyothers? I need a second. Meridian City Council speciar( . -ing May 23, 2000 .. Page 69 /1 r Bird: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit for an ice arena for the changing of 1.2 to read the minimum of seven handicapped-accessible spaces must be provided to directly serve this facility. Any other comments? Mr. Clerk, roll-call vote, please. RoIl-calI: deWeerd, aye; McCandless, nay; Anderson, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE NAY Item 14. Public Hearing: CUP 00-016 Request for Conditional Use Permit for a 20Q-unit luxury apartment complex in a proposed L-Q zone for proposed Resolution Business Park by G.L. Voigt I Overland, LLC - south of Overland Road and east of Locust Grove Road: Corrie: Item 14 is a request for a Conditional Use Permit for a 200-unit luxury apartment complex for Resolution Business Park. deWeerd: Mr. Mayor, I move that we instruct the City Attorney to prepare Findings of Facts and Conclusions of Law for approval of the request for a CUP for a 20Q-unit luxury apartment complex by Resolution Business Park to note on 1.1, Page 2 of the 401 spaces would be approved with the 553 including the tandem parking and the CC & Rs should say no RV parking. Bird: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit for the 20Q-unit luxury apartments as stated in the motion including the CC & Rs to provide and remove - no boat, campers or trailers. deWeerd: Mr. Mayor, I move to discuss 1.5 as well. Corrie: Okay. deWeerd: I would recommend that 1.5 also be deleted in my motion. Bird: Yes. Corrie: Okay. Also with the condition of removing 1.5 of the condition on Page 3. Any further discussion? Hearing none, roll-call vote, Mr. Clerk. RoIl-calI: deWeerd, aye; McCandless, nay; Anderson, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE NAY Meridian City Council special( .ing May 23,2000 ... Page 70 ( Item 15. Public Hearing: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: Continue Public Hearing to June 20, 2000 Item 16. Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW ~, Section 6, T3N, R 1 E: Corrie: Okay. Now, we need to have the Council on the public hearing - Mr. Attorney, what is the procedure on this again? Nichols: Mr. Mayor, members of the Council, as I understand it, we have a letter form an attorney for the owner which states that the owner is withdrawing consent to the annexation. That letter should be placed in the public record. If there's anybody here to testify, I suppose they can, but basically with this information, there's no way you can annex the property unless it's completely surrounding the enclave. Corrie: Is there anyone here that came to testify on Items 15 and 16? Is that what happened? Okay. Abbott: Mayor and Council, my name is Leroy Abbott. I'm one of the partners. Corrie: Have you seen this letter? Abbott: We have seen that letter. We were also notified that was rescinded. We are under a contractual agreement with Mr. Curtis to develop this property with conditions of Planning and Zoning approval, City Council approval, preliminary plat, and is one of the conditions of the contract. Until we accomplish that, our contract, in our opinion is not with Mr. Curtis. (inaudible) We were notified by phone today that that had been rescinded. So I'm a little surprised. We would not have wasted your time with the hours if that had not been the case. Corrie: I don't think we've done anything on it other than - Mr. Attorney, in that case, do we need to continue the public hearing on those two until we find out what's going on? Nichols: Mr. Mayor, members of the Council, my recommendation would be that you continue this hearing because at this point, all the Council has in writing is this withdrawal. So if that has been rescinded, there will need to be something from either Mr. Dillon or Mr. Curtis that states that this letter is withdrawn so that we can proceed. If you continue the public hearing, we get that letter, then we can do it next time. fr: Meridian City Council Special t .Ing May 23, 2000 . Page 71 ( Abbott: Mr. Mayor, Council, Mr. Attorney, is there any possible way that we can because of the typical month between hearings that we could address this subject of that being rescinded being that we've been here this long tonight? Address the annexation with your approval or denial based on this rescintion given to City Attorney and properly (inaudible) avoid a month's delay? Corrie: Your delay would only be until the 20th of June. Two weeks. Abbott: Two weeks? deWeerd: Mr. Mayor, I believe that there were public that left after you made this announcement. Corrie: There was some, yes. Would the two weeks be a hardship? We've got to do something. It might be a month, but we've got to be something because people did leave. Abbott: If there's no possible way that we can proceed, then we can be - we will be agreeable. We want to proceed with this development. It was obvious today, and our attorneys (inaudible). His comment to us was that they had conversation and they had rescinded. Corrie: I would recommend to the Council that we continue the public hearing on Item 15 and 16 on the 20th of June to get this situation cleared up. That way in the meantime if we need something from Mr. Curtis or Mr. Dillon, (inaudible) to us. Abbott: Thank you very much. deWeerd: Mr. Mayor, would this need to be re-noticed because the public did leave? Berg: Mr. Mayor, members of the Council, I would suggest that I would try to send out first-class mailings just to notify them that the hearing was continued until June 20th because my concern is the impression that they had when they left that it was going to be withdrawn. I don't know what the attorney would advise, but my concern would be first-class would get there and they wouldn't have to try to come to the post office and try to get a certified mailing, it would take longer. Nichols: Mr. Mayor, members of the Council, it would be my recommendation that the clerk does has he suggested, and that should provide sufficient notice and opportunity to be heard. We don't know the people that left were opposed or in favor, and so to presume that they were opposed may be premature. Certainly if they happen to sign any of the sheets that we asked them to sign in the back Meridian City Council Special ( .lng May 2312000 . Page 72 and indicated that they were going to testify on this particular matter, a letter could be specifically be sent to them what has happened. Corrie: That's probably the best thing we can do. We have to continue it, though. Abbott: Mr. Mayor, so I understand that we would be heard on the 20th. Corrie: That was the suggestion that was made by City Attorney. Thank you. deWeerd: Mr. Mayor, I move that we continue the public hearing for request for annexation and zoning of 23.6 acres for proposed Teare Terrace as well as the request for preliminary plat for the same project to June 20th. Corrie: Do I hear a second? Bird: I'll second it. Corrie: Motion made and seconded to continue the public hearing on Items 15 and 16 to June 20, 2000 and the clerk needs to send a letter letting those people know. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 17. Item 18. Public Hearing: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20,2000 Public Hearing: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Continue Public Hearing to June 20, 2000 Public Hearing: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: Continue Public Hearing to June 20, 2000 Corrie: Now, we did mention that we will continue 17, 18 and 19 also to the 20th of the month. Any body here that's on that one? Okay. Then I'll need a motion to continue the public hearing on Items 17, 18 and 19. Item 19. Meridian City Council Special C"" . .mg May 23, 2000 ' Page 73 ( Bird: Mr. Mayor, I move that we continue the public hearing on AZ 00-009, request for annexation and zoning of 1 01.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, SW corner of Black Cat and Ustick Roads; also public hearing for PP 00-009, request for preliminary plat approval of 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties, LLC, SW corner of Black Cat and Ustick Roads; and also the public hearing to be continued for CUP 00-021, request for Conditional Use Permit for a group, in-home daycare by Deanne Young, 2176 East Lochmeadow Court. Anderson: Second. Corrie: Motion made and seconded to continue Items 17, 18 and 19 as stated in the motion. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 20. CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone: Corrie: Item No. 20, Keith, would you do this for me? Bird: Okay, Council, Item 20 is a request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone. They want to redo the old Mangum building. deWeerd: Can we do 20 and 21 together? Bird: Can we do them together? Oh. They're different buildings. Okay, staff. Stiles: There's been a little change that they've come up with since the application was originally submitted. They have decided that they are going to tear down the building and construct a new building there. But apparently they came into some problems and decided that it would be better for them to demolish - they have already received a variance for the off-street parking requirement. They've also been working extensively with Tom Kuntz on the proposed lease area next to Generations Plaza, and I believe I'll just let Tom cover his issues on that. Kuntz: You should have in your packets tonight a memo sent to Gary Benoit of Stewart, Laney and Benoit. It add resses issues that the Parks and Recreation Commission has with adjacent sidewalks and landscaping buffers. It also addresses the lease amount and any concern about future increased Meridian City Council speCial( Jng May 23,2000 "" Page 74 (' maintenance as a result of the restaurant adjacent to Generations Plaza as far as litter and addition trash and that type of thing. Anderson: Where's the restroom? Kuntz: The restroom was not able to be negotiated within the current floorplan of this building. We do have porta-potties ready to be moved in at a moment's notice, however. Corrie: There might be a need for that. Bird: Mayor, the staff report's (inaudible), excuse me. It's getting late. Do you have anything that you want to say on that? (inaudible). Cole: Good evening, Mayor Corrie and City Council. My name is Stan Cole, Cole Associates Architects. I'm at 960 Broadway, Boise, Idaho. I represent Stewart, Laney and Benoit developers for this project. We've been working very hard with Mayor Corrie and Meridian City Council, Parks and Recreation and Planning and Zoning. We feel that this is a nice amenity for the downtown core of the Old Town in Meridian. We've got a few issues. We dealt with Mr. Kuntz regarding the park. I understand with conversation with the landscape architect who is working with Tom that there's still not complete with the conceptual design; that's still in the works. We intend to work with them until that is complete and coordinate our projects with that. We have two buildings that face the park. Both are intended to have amenities with terraces and plaza and that one area that we're leasing from the City to (inaudible) for each building. I'll provide some documentation for the Council to look at that shows the former park concept and what's proposed. I'll let Gary Benoit finish, wrap up what our intentions are for this. Benoit: Good morning, Mayor and City Council. I'm Gary Benoit, Stewart, Laney and Benoit, 91 0 Main Street in Boise. We're the developers of the Generation Plaza building. Stan has handed you some handouts there depicting two things. One is called the former concept which is the original parks idea of what they were going to do with the remainder of Generation Park before we came along, and the other one is called the Concept No.1. The purpose of my addressing you at this point is we do take exception to some of Tom's good work on the park. We appreciate everything that has gone into it, but there are some extenuating circumstances and some elements that we would like to explain. I would start out by pointing out a former concept drawing down there. You can see the - what that was they basically were accessing the alleyway before it was vacated, and there would be some parking with some shrubbery and four-foot stone wall or a brick wall separating the cars or screening the cars, actually, from the park. Then along the existing Mangum building or the Idaho Street building would be some ornamental trees planted, then two sidewalks traversing the lane of the park area. After our conversation with Mayor Corrie and Tom and our Meridian City Council Special ( May 23,2000 . Page 75 ~ng ?.....~.... ( investors, and we got all fired up, we decided that we wanted to buy both buildings and work out a plaza concept and get together a miniature Center on the Grove. We feel like we came up with really a great win-win situation that everybody is going to come out with a better product. If you'll take a look at concept No.1, there are some color coding on there, and I'll explain those in just a minute, but one of the things that we get by doing the vacation of the alley, we remove the wall that was we felt obtrusive and kind of blocking off, cutting off the park. In doing so, we increased the overall size of the park by 23 percent. That 23-percent figure takes into consideration the fact that we're asking to lease a patio that now is 16 by 80 or 65 feet it is now. So even after we deduct the patio, there is still a net gain of 23 percent of the size of the park. Probably one of the biggest things that we've done in doing this is by closing off that alley, we've also made that a safer park. Now we've got little kids that run out to grab the ball and they're not running out into an alley where some unsuspecting or unconscious driver is coming along and can cause a serious injury. We feel that we've added a lot. We hope that we've jumpstarted the downtown core, that we've gotten a new project off. We've wondered about it, the Statesman editorial said that they were pleased that developers were willing to risk coming to Meridian and to pioneer coming to the downtown area. That made us a little bit nervous. We got a little bit nervous when our banker told us on the project, the first comment was he said that we spent too much money for the land. We knew. We acknowledged that before, but it was financially not the strongest deal we ever put together for a variety of reasons. Primarily because we were somewhat enamored with this concept of creating this nice little park area, but our banker's looking at it and saying, well, you spent too much money on your land. Then he said an interesting thing. He said his biggest concern was the neighborhood, the downtown Meridian area is a risky place to be building a property. I don't know how our Board's going to look at that. So we become a little more financially conscious as we move along through this project. Of course, as Shari just eluded, now we're finding that the Mangum building structurally is not the building we thought it was and it has problems. So we're tearing that down and we're going to have to start all over again. We really didn't come out very well financially on this deal at all. Which probably makes us a little more sensitive to Tom's request. We feel that the items that they're asking for us to do, if you'll look at your concept one, the blue sidewalk is a sidewalk that parallels - I should say is paralleling the existing alley. The way that is set up, the alley is 16 feet wide, and we're proposing to take eight feet of the alley, the remaining eight feet of the alley was to have been originally - the park had agreed that they were going to put in a sidewalk, and there was a change of attitude at kind of the last minute. We took the issue before the Planning and Zoning Commission, and they agreed with us that the park needed to build the sidewalk. We thought the issue was taken care of, and apparently it's not. It's still an issue. I guess that's what a public forum is all about to express our ideas on them. So we're looking at this sidewalk and we're saying, gosh sakes, haven't we done enough for the City? Haven't we brought you 23 percent greater area to the park? Haven't we brought you a much nicer concept that will give the City a gathering area, a place Meridian City Council speCia{ dng May 2312000 . Page 76 for people to be, and hopefully a proud new entrance to a new Old Town section. The sidewalk area as you can see on the original map, if you look at the former concept, the sidewalk was already planned is going in a different direction. Now it's just been turned and gone down parallel to the park. Tom's Item No.2 about the new sidewalk highlighted in yellow on the former on the - on the Concept No. 1, he wanted us to pay for that as well which we're saying, well, wait a minute. You already had that sidewalk in before we ever came along. The Parks Department had planned on putting the sidewalk in. What is the difference that we decide to build a project next to it and bring more people in to use your park and enjoy the facility? We don't feel that that's something that should be assigned to our side. It just doesn't seem fair. I think that's probably the underlying tone of all of these points. We don't think they're fair. Item No.3, they want us to landscape the east end of the building. We, in our negotiations, already conceded to do two things with the patio. The first one was to landscape the perimeter of the patio. The second one, and that's actually park land, but then we were asked, okay, if you're going to landscape that, then you might as well lease that. So you've got to pay for it now. What we'd originally talked about was a 15 by 60 foot patio, and that's what they were going to lease and use for the restaurant. We really hadn't anticipated having to landscape that for the park, and we really hadn't anticipated having to pay for it. But in spirit of conciliation, okay, we'll do that. That's not a problem. One thing that we do have a problem with, though, is landscaping the rest of the site of our building. If you look on the original format concept and see that the City had a series of trees already planned down that side. So they changed the look of the landscaping a little bit. We've already done half that side around our patio. It would seem that the Parks Commission would be able to do the remaining half. Again, we probably wouldn't be fighting for these points except we now have a financially struggling project. If we were to take this building and put it somewhere else, we could probably double our return. This is not a strong, financial investment for us. This is more of a heart-felt-we-want-to-do-it-type of a project, and we do have investors in it that we need to answer to, and we need to be able to provide them a certain amount of return. So at this point, an element that hasn't entered into it yet, there's a new $5000 sewer line that was just added to this last week. So you start adding all of these up plus tearing down a building, pretty soon these pennies are adding up and we've got a project that financially could be in a bit of trouble. It's hard to convince our investors that they should keep their money in it. One of the items that Tom mentioned here is on the patio, you know, we agreed we'll do the landscaping, we'll even trim the bushes which we found a little bit interesting, but we'll do that. One item on the cost of the lease itself, our original negotiations, Tom has calculated us at 1.5 percent per month, and I had written down a comment from our discussion, 1.25 percent. I don't know if that was - I think that might be an oversight or something that we need to talk about. We didn't have a chance to discuss today. That falls into the category of lease negotiations which we would like to get the lease taken care of. We've been patiently waiting three months now for the lease. Haven't received that. The final item, Item No.5, they're anticipating that we're going to increase Meridian City Council special>"" Jng May 231 2000 . Page 77 the area of the use of the area, and in doing so we're going to leave more trash and debris and food drinks. The patios that you see there, these are patios that are served by servers. The food and the debris are going to be on the patios and the waitperson's going to take that away. I don't really foresee people throwing things over the edge. But even if they did, I think the concept that the whole downtown is trying to accomplish is you want more people downtown. You want more usage. Quite frankly, if we spill a little ice cream or some coke on your patio, our taxes which are going to be 8 to 10 times what you're collecting now on that land will surely clear that off. So again, we look at this and say we're kind of nit-picking at all of these things. We want to see that downtown core developed. Quite frankly, I think future developers will take a look at it and say, you know, if they're going to get nit-picked to death, why take the risk? Why go out there and do those things if everybody's going to split hairs on it? It's - I think it's conducive to the City for your Old Town to be developed correctly. Quit splitting hairs. We ask that you quit splitting hairs with us and disregard the additional charges that we're faced with here. The rest of the City's been real cooperative. We appreciate your support, and we've had good support on it, but this is one issue that we're just having a little trouble swallowing. Thank you. Corrie: Council, any questions? Okay. deWeerd: Mr. Mayor, just wanted to give you some input behind the recommendation from the Parks and Recreation Commission. They reviewed this. Mr. Benoit had made a presentation to them at a real preliminary stage, and at that time it was all conceptual that, so they did have a change to review it at this last meeting as well as a recent gathering. They feel that definitely these two businesses will impact this park. There's no doubt that the people would go into the businesses suggested and number two, as well as number one, would take their pizzas or their mochas and sit in the park. That's what parks are for, to be utilized, and they believe that the park is an amenity to these businesses, and with Generations Park Plaza II, they were using the full alleyway, and they meet the Park's alley-half to provide the sidewalk for them and do not feel it was an unreasonable request to say that we'll maintain that, but your patrons will be utilizing it because they will not be able to walk -- *** End of Side 6 *** deWeerd: -- construction is done, they won't have the maintenance costs that the park will assume that. It was also felt that on the other side as well will benefit the Smokey Mountain Pizza restaurant that's being proposed there, and didn't feel it unreasonable to request that landscaping go on the perimeter of their building. One thing that Tom didn't mention in there, you know, the Commission did further than that, and I think that Tom felt that he was already pushing the dime. They felt that he should further develop the property clear to the sidewalk that they were putting in place, and I see that he's left that out. The Commission does believe that this will add more people to the parks, and that is a good thing. Meridian City Council Special( ing May 2312000 . Page 78 ( But they also felt that the use of that, the developer should contribute to some of the development of that sidewalk that will benefit their properties. Corrie: We're trying to work something out here. Mayor and City Council, Gary Benoit, 91 0 Main Street. Granted, the sidewalks are going to be used by our patrons, but addressing the two different situations, the sidewalk along the alley, for instance, we view that from two perspectives. First of all, I don't know how people are going to get to the City parking lot if you don't have a sidewalk to get back and forth on. Granted, our people might walk on it, but we see other people using it as well. The second point I'd like to make is this is what we get for our tax dollars. We get a front sidewalk on Main Street someplace or on Idaho Street. We're already replacing 25 percent of the sidewalks around the Pine Street building, the Generations II building. We're paying for 25 percent of the street sidewalks. We're replacing those. It would seem like at some point, our tax dollars or something ought to allow us to use a public thoroughfare, a walkway. I don't think we should be asked to pay for all of these. As an example, when Tom and I were putting this together, we weren't sure how to do this. We contracted through eeDe in Boise to ask them how they assess their merchants along 8th Street in Boise. Tom was surprised, and I wasn't surprised to find out that they don't charge them a stinking thing. They gave them - they built the regular sidewalk and then they added 15 feet on both sides of the sidewalk and brick pavers. They don't charge them any rent. They don't charge them any maintenance. They said it was worth our time to encourage merchants because look what we did. Look at 8th Street. And they have. They've filled 8th Street up. It is now - 8th Street is so powerful they even moved the City Center of Boise one block east. They've moved it over from 9th Street to 8th Street just by the foresight. That's the foresight that we'd like to see the City of Meridian have. Don't nail us on these small things because in the end we're going to fill up the buildings, we're going to bring more development to your downtown area. As far as the sidewalk parallel to the Smokey Mountain building, that one was already on your plan. I can't see - again, it's kind of a City sidewalk that everybody ought to be able to use. It's not the main entrance to the restaurant, particularly. The main entrance is over on Idaho Street. Even if it were, I think in the spirit of cooperation and the spirit of hoping that our project succeeds so that your downtown succeeds, I think that the sidewalk should be provided. Thank you deWeerd: Mr. Mayor, I have a question for Mr. Benoit. If the park were to build their grass clear up to their property line and the alley, you would have to be putting in a sidewalk. So you would be losing square footage off of your building which we all understand that is one cost that you cannot afford. This is a one- time cost; reducing your square footage is a permanent cost. So it would seem by the Commission as the compromise by putting in the sidewalk that would allow you that patio space for your outdoor amenity. Meridian City Council Specia{ Jng May 23, 2000 . Page 79 (' Benoit: Granted, you could do that. You could put grass all the way up to our patios. But we go back to the word cooperation. We're trying to cooperate with the City to give you a better project. Our concept is already enlarging the Generations park by 23 percent. What else do you want? We gave you 23 percent more grass. Twenty-three more than anything else and a much safer concept. Much more viable showpiece for the whole City. We think that we're getting nickel-and-dimed to death to have somebody pour a little concrete patio brick paver or sidewalk along there and, furthermore, to maintain it. That was one of the requests that Tom has is to maintain the sidewalk. Now, why should we maintain the City sidewalk? I don't understand it. Any other questions? Cole: Stan Cole, Cole Associates, 960 Broadway, Boise. Now that we vacated the alley, our property line actually adjusts to the center of the alley. We could potentially actually build our building to the centerline of the alley and not provide any of the sidewalk at all if we wanted to. We're, in the spirit of cooperation, we want that (inaudible) pedestrian plaza (inaudible) access way. We think the best use is for both parties to provide paving that matches (inaudible) corridor. Bird: Mr. Cole, I believe, I agree that when we vacated that we go to the centerline, but our ground also goes out to the centerline too when you vacate the alley because we own up to it. Cole: That's correct. Bird: So actually, the ground that we're getting, we're putting the sidewalk down and it is our ground anyway in the right-ot-way of the alley where the sidewalk is going if I look at this map right. Cole: We could actually build - Bird: You can build your building over there, but we still have the halt deal there. You can build it within five foot of your property line. Cole: We can build it to zero. deWeerd: There's an easement there. Bird: Zero allowance? Okay. I'm not arguing that, but actually, and I - deWeerd: That's an easement. He can't build there. Bird: That isn't an easement when they vacate it, is it? (inaudible discussion amongst Council members) Cole: If the sewer's in the center line. It mayor may not be. ~".'..-""" " Meridian City Council Special( .ing May 23, 2000 .. Page 80 /" ( Bird: So that's - I know where you guys are coming from, too, but I just want people to understand that that sidewalk ground that you're given that you say you're giving us, you're not giving us. When you vacate that alley, our property line which we own up to on the south side goes to the middle of the alley, too, the same as yours does. I realize that you can bring your building out to there. I want to cooperate, don't get me wrong, but I don't want people saying that you're giving us this extra square footage. Cole: We're not required to have any sidewalk along that side. Bird: No, we can put the sidewalk in. That sidewalk is no argument. I have no problem with your patio. I have no problems. But don't come tell me that you're giving us this extra ground. We could have vacated this square footage and had it done ourselves a long time ago. We've got to be joint venturers and we've got to get along. But don't tell me that you're giving us this amount more when it's being put on my ground. See what I mean? Cole: Not in total because we're both buying (inaudible) of that parcel of alley. Corrie: I guess what I'm looking at is where we had parking over there is if we move that parking out, that's - we're not giving anything to anybody. That's still our property. So the centerline is irrelevant. I understand what he's trying to say is we want to cooperate as much as possible, but you're not giving us anymore land. Cole: No. You're just encroaching more on - you're increasing your land by taking (inaudible) Bird: Yeah. Your project is beautiful for downtown. I appreciate Gary and his partners coming down here and doing it. It will definitely be an asset to Generations Plaza. Asset to the whole City. So I think we can work some things out. Cole: We think with just a little cooperation and negotiation - Bird: I have no problem with that at all. Absolutely no problem at all. But I don't - I kind of get riled up when you tell me that you're giving me this extra ground when it's actually ours anyway. So, anyway. Anderson: Mr. Mayor, I guess I'm kind of a numbers guy. When I look at the little bit of sidewalks that we're asking your guys to help participate, we feel that we've made a sizeable investment in property and development in that park, and we have the parking lot that was built behind your building which will be utilized in that, too. We've created quite an amenity there that you guys wouldn't be looking at that project if that park wasn't sitting there. I guess when I look at it, we're going to have better than $300,000, maybe $400,000 in this thing to ask Meridian City Council Specia( ling May 23,2000 "" Page 81 I f+ you to foot the bill for $10 or $15,000 in sidewalks. I'm not sure, maybe you know what the numbers are, what we're asking for. I hate to get into a pissing match over penny-anty things because we're not looking at the big picture there, but we feel that we have made an investment there and the investment that we make is what is going to make your project fly. We appreciate the fact that you're willing to start that, but if it's not you, someone else is going to pick up on that amenity and Meridian will get revitalized at some point. Benoit: Gary Benoit. Yes, you've made an investment there. I guess our point is that those, the sidewalks, the landscaping, the brick wall, the parking stalls, all that, that was all budgeted. That was all planned for. We came along, we didn't change any of that. We were going to spend about the same or less money than you were before. The pressure, the piece I'm not telling you, I guess you'll have to decide for yourself, there are three partners in our group. We had a meeting this morning. It" a point of ethical conduct for the other two. They're backing out if this doesn't - if we have to pay for it. I'm not trying to threaten you, but I've got to tell you what you're up against. You're right. You'll find someone else to develop it, but you know, timing is everything. You've got to hit the market when it's right. The market is right right now. In another couple of years, if you've missed that time, who knows what's going to happen. Point No.1. Point No.2 is when somebody comes to us and says why didn't you guys do it? We relate the stories. I know developers are going to go Oh my God, we don't want to deal with that. You're going to get the wrong reputation out there, and you're going to have trouble downtown. Again, I'm not saying this to threaten you. I'm saying it to tell you the facts of the way they are. When I go back tomorrow, if we're doing (inaudible) I've got a battle because I've got two partners that say huh-uh, we're not going with it. Part of it is we've got to spend an extra $200,000 to tear down a building and re-build it. That makes a difference. We paid too much for the land to begin with. That makes a difference. The bottom line is we've got bankers, and the bankers are going to come along and say, we don't care how much you've paid for the land, and we don't care what it cost for the building. How much rent can you generate? That's what dictates where it is. If we can't generate enough rent to justify the amount that we paid for the buildings, we're out of luck. We either come out of pocket more or we just don't get the land. That's the way the bank works. They just have their perimeters. I just want to lay all the cards out on the table so that everybody can make a good decision. WE want to move forward. WE think it's a great project, too. I think it would be a shame to let it slip at this point of really what is a piddly amount. It's probably $10, $12,000 worth of amenities. Right now, the way our budget is, that $10- or $12,000 works and the partners are looking at it and saying is there a spirit of cooperation or isn't there? Anderson: Thought there was. deWeerd: We're giving you a piece of a park land to lease. Without your outdoor dining, we've reduced your parking requirements. You're using one of Meridian City Council speCia{" .ing May 23,2000 "" Page 82 ( our lots that is really benefiting the two businesses you're putting in there. I don't see how that can take away from the spirit of cooperation that the City is doing. There are a lot of businesses who would go in and build a building and put in a fountain as an amenity. We already have that there for you. Benoit: Not in Meridian Idaho. You can't get the rents here for that. You can't afford those kinds of amenities in this (inaudible). deWeerd: We have tried to be very cooperative. This is something that has come up - it does benefit you and it seems logical to me. I don't think it's - Benoit: What's the difference? Had we not come along you would have put in the sidewalks and the landscaping and the parking. You would have spent x- number of dollars. deWeerd: And we would have built it clear up to that building and there wouldn't be outdoor dining. There wouldn't - Benoit: That's right. deWeerd: -- be a nice walkway next to an outdoor patio type of thing. It would be designed differently. Benoit: It would function differently. It wouldn't have the ambiance, the creativity, the synergy that's going to be created there by having patios and people and restaurants. deWeerd: And that's what attracted you there. Benoit: It's not going to have the look, the bang that you're looking for for that downtown core. I understand where you're coming from. Probably I know you're on the Parks Commission. It's prudent to ask, but what I'm telling you is we can't go anymore. I've got two partners that aren't going to go anymore. Like it or not, that's the way it was told to me. Corrie: So we're talking about $12,000 and they're going to throw this whole project down the tubes? Benoit: Well, it's not just that, Mayor. It's the rest of it. It's not penciling out well. We need to give our investors a 16 percent return on their money. This is 8-1/2 percent. They can go into the stock market and do better than that. Bird: Not right now. Benoit: These guys are standing back and saying what's the City going to do? They going to do this? They going to do that? They've magnified all of this out Meridian City Council speCiaC" ling May 23,2000 .. Page 83 t"" ~.. of perception. But it doesn't make any difference because they're the money behind it, and if we lose them - Bird: Now you're telling me that this is also - you can't pencil out on Generations Plaza II at the VanPapagan side, I take it. If we have this kind of a deal - you're actually looking at two buildings, Gary, that's going to be that $12,000 is charged against because you've got the new one coming up and the old one, and you're going to charge it against the renters, the leasers, that $12,000 over or whatever it is, but you've got two buildings there as far as the parking - no problem. We're going to interchange our parking lots, I'm sure, after hours. The City will be using your parking lot with your blessings, and you're more than welcome to use ours. That's what it's there for. So I think that with the variances and stuff that we've got, that we've given you for Generations Plaza II, you're going to have a nice building, and I don't know what you have to have a square foot to pencil out. It's none of my dang business. But I would think when you're talking about with two buildings, I don't know how many square foot you're going to need on either one of them, but $12,000 isn't going to add up to much. I don't think that we're hung on $12,000. I think you could probably go back and talk to the Commission and get - my recommendation as a Councilman is if you go back and talk to them and sit down and cut it in half, that's fine. Something like that. Go negotiate with them. I don't want to lose your project. I think it's a very - it's a start for downtown Meridian. We know that. Meridian needs a shot in the arm. Downtown Meridian nee'ds a shot in the arm. You guys are giving it to us. You've got two nice projects. I didn't realize that Mangum's building had to come down. How many square foot building (inaudible) two-story? Benoit: Six thousand feet at Mangum's and 12,000 on the other one. See, we've already averaged, to get it to pencil out, we're taking the good building, the Generations II building that doesn't have quite the problems and rolling that together with the Generations I building to try to get the figures to come out. We're still not coming out. We're not even close. Bird: Now you're going to have basement and two stories at Mangum's or just two stories? Benoit: Two stories. Bird: Not a basement? Benoit: No. I agree, $12,000 is not a whole lot. But in this case, it's starting to be a whole lot. It's also the nervous-Nelly investors that's sitting back there and looking at this and saying this isn't' going to work. The bank's only going to loan x-number of dollars because you can only generate x-number of dollars in revenues. It's a catapulting thing. I guess I'm here as a messenger to tell you that the project is in grave jeopardy if we nickel-and-dime it to death. I'm asking you to not to do that. It just isn't worth it. The City stands to gain a whole lot Meridian City Council speCia( ling May 23, 2000 .. Page 84 ( more. I can agree with you, and if it were my money, I'd say to the heck with it. $12,000 doesn't make that much difference. In this particular case, under the circumstances, it's going to make a difference. Bird: The thing I look at, too, and from the City's standpoint, from the Councilman standpoint, Mayor, I look at every year that we don't have those buildings up, we're losing tax dollars. So, you know, that building can pay more than $12,000. We're kind of both sitting here fighting over something that really isn't a matter on the overall project. It matters to us on our Generations Plaza. It matters to you on your two buildings. That's why I think we could probably reach a center point of where we have to be. I don't know where the Parks and Recreation if they've thrown some numbers together or if they went back and looked at what the actual costs are going to go and from there. I don't know how they did it. I know they're very good people, and I would think they would. I for one don't want to see - I think we're also helping you guys out by a variance in parking and stuff like that. You're helping us with the downtown development. Benoit: We will all like to continue to work together on it. Bird: I thought we were getting along great. Benoit: And we were. We have been up until this last go around with this last list of items. The timing was just bad, you know, and it came back that we thought we had it all put to rest. We're having to tell the investors that we've got to do this, we've got to do that. These guys are already getting squirmish and saying why do we have to do that? So, you know, we lose them we lose the project. I've got to tell you. ('ve had the two investors from our standpoint that we have other opportunities. We've got a building we could buy in Boise right now that's going to return about 21 percent. From a financial standpoint those guys are saying, well, let's put up over there. Let's go do that. Those are the things that we're fighting with. Again, it's (inaudible). It's $12,000 and not a big deal. I'm not the sole decision-maker. That's alii can tell you. Help us. Please. Bird: I've got a question. How do we have a CUP on an existing building when it's not going to be an existing building? Stiles: That was what the application had. Bird: Oh, okay. Now do you have to reapply when you come in with a new one? There's a big difference between remodeling one and what they're going to have in it or what it's going to be new. Unidentified: (inaudible) Bird: We don't know that tonight. /":r--.- " " " Meridian City Council Specialt Jng May 2312000 .. Page 85 ( Stiles: The elevations they proposed would be the same. They did present it to the Planning and Zoning Commission as having to be demolished and start over. So they haven't changed anything from when they went from the first public hearing for at Planning and Zoning Commission. Bird: Mr. Mayor. Tom, what's your cut on this? Kuntz: I guess my recommendation on the compromise would be that the developer be responsible for the improvements to our eight feet of alleyway because the Planning and Zoning, at the meeting, Shari Stiles' recommendations were there be a five-foot sidewalk there. The Planning and Zoning Commission left that up to Gary and myself to come to some kind of understanding on how that would happen. We've already reached a compromise in that we're allowing them to use their half of the alleyway for their tables and chairs and retractable awning. So we're giving them our half of the alleyway to be used as a sidewalk that was a requirement of their building. So I think a fair compromise would be for them to pay for the improvements of our eight feet of the alleyway. We could certainly maintain that area. I don't think that's an issue. I think the other compromise would be that we would pay for the sidewalk from Idaho to the alleyway, but they pay for the landscaping along side of their building that would be contiguous with the patio. Those would be my two recommendations. Anderson: And we would maintain that landscaping? Kuntz: We could certainly do that. Anderson: I mean, we're going to be out there trimming our shrubs. It wouldn't be that much harder to trim those. Kuntz: I think the reason that we recommended that they maintain the shrubbery on the patio is, one, we wanted to make the lease all one, tight package. Two, we may not maintain that shrubbery in the way that the restaurant leasing the property wants it maintained because they may want a certain vegetation blockage for privacy in the patio. So we felt the cleanest way to handle that is to have them maintain that vegetation around the patio as part of the lease much cleaner. Anderson: If we're going to pay for the haircut, they're going to wear their hair the way we like it. Kuntz: Right. But I don't mind, as a compromise, for them to - if they pay for the improvements of the landscaping around the rest of the building, it's going to be contiguous with those picnic tables there, a further compromise, I don't mind if we maintain that. But I would still like to see in the lease that they maintain the area immediately adjacent to their patio. I think that's a good way to go. That would be my recommendation. Meridian City Council speCia( jng May 23,2000 . Page 86 ( Bird: Mr. Mayor. Tom, I've got one question. I think Gary hit up on it. Being familiar with restaurants and stuff, I think the biggest trash that's going to incur around that patio is going to be coming from Generations Plaza at it instead of it going to Generations Plaza. They will keep that pretty clean and stuff. I think that most of the trash will be generated by the Generations Plaza. Kuntz: That's why, if you read No.5, we're not - the statement that we reserve the right to review the maintenance costs. We're not saying that it's going to happen. But we wanted to put that in as a safeguard. I think what the Commission envisioned was that someone, and I've eaten at Smokey Mountain Pizza, and a lot of people call orders in and then they go pick them up or they walk in a restaurant and order it to go, and they go out into the Plaza or the Starbucks people go out in the Plaza with their coffee, and they're welcome in there. It's a public place. We want that. But if those restaurants and those other places at a great deal of maintenance as far as little, double, triple garbage pickup, so forth and so on, then we want to be reasonable to be able to go back and say, you know, can you help us with these costs. We hope it doesn't happen, and 90 percent of the restaurant business is going to be inside the patio, not outside. But we wanted to leave that clause in there so that we've got an open door in case we need to use it. Bird: Yeah, because you know, there's nothing saying that we can't go to Pizza Hut or we can't go anyplace else and bring our food up there. In fact, that's what I envisioned once we get it done is people doing that whether they go to Smokey Mountain or walk across to the Sunrise and get a sandwich and take it to the Plaza. Anderson: What Tom talked about, is that agreeable with you guys or not agreeable? Benoit: It gives me something to go back and say, well, (inaudible) deWeerd: Sir, can you say that officially? We want it on tape. Benoit: It does give me something to go back and say we met each other half- way. I've still got a debate on my hands. I think the other partners are probably looking for a reason why they don't have to do this because they look at the returns and say, oh, this isn't so good. Let's go do something else. So, it shows a spirit of cooperation. We can certainly agree to that. If we can't - Bird: I think what Tom said, too, also, Gary, is that they'll look at it and if they don't have to have that, they don't have to have that much. They're - we're going to be fair with you. You're doing a service to the City by bringing these buildings. There's no doubt about it. Nobody's going to sit here and tell you /~ . Meridian City Council Special( ,ing May 23,2000 ., Page 87 you're not. You're helping downtown Meridian when downtown Meridian needs help. Benoit: We hope we can do it. Bird: I hope you can, too. Benoit: That would be agreeable to us. (inaudible discussion amongst Council members) deWeerd: Mr. Mayor, does staff have any further questions before we do anything here? Comments? Stiles: I know we were addressing all of these comments in both projects, but aren't we still on just 20? The Idaho Street. Okay. I was just getting clear. deWeerd: Mr. Mayor, I guess we didn't ask the applicant if there was anything in the CUP other than what the Parks Commission said. If he had any issue with. Okay. Bird: The off-street parking, you agree with on this? Benoit: Yes. Bird: Everything on the recommendation you agree with? Okay. We got so sidetracked. deWeerd: Mr. Mayor, I move that we instruct the City Attorney to prepare Findings of Facts and Conclusions of Law for approval on the request for Conditional Use Permit for Generations Plaza I by Cole Associates Architects to include the memo of June 6, 2000, from Tom Kuntz with a suggested compromise by our Parks Director to be noted. Do I need to be specific, Mr. Attorney? Okay. Nichols: At 1 :00 in the morning, please, yes. deWeerd: Oh no. That the applicant and that compromise was that the applicant would construct the sidewalk that - oh. We're doing Generations Plaza I, right? That the applicant would install the landscaping - no. This isn't one. Yeah, but that's two. That would be in two. Okay. That the applicant would landscape the area on the side of their building, the west side; that the Parks Department would maintain the strip from the back of the patio to the alleyway; and that the applicant would maintain the landscaping surrounding their patio area. I believe that was all. And that the City would install the sidewalk. Meridian City Council special( .ing May 23, 2000 ' Page 88 ( Bird: Second. Corrie: Motion made and seconded as on record. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 21. CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of anew two- story retail/office building in an aT zone - East 1st and East Pine Avenue: Corrie: Now we're on Item 21. Request for Conditional Use Permit for Generations Park Plaza Ii by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two-story office/retail in an OT zone. Staff. Comments? Let us know what you're thinking. Stiles: We would both like to incorporate our testimony from the previous public hearing, Tom Kuntz and I. Excuse me. Incorporate from the previous proceedings. Kuntz: I do have one additional comment. I know there was some discussion about the naming of these two buildings as far as confusion with Generations Plaza. Did that ever get resolved? Any discussion held on it? (Inaudible response from the audience) Kuntz: I think that's something we can work toward. Corrie: Okay. deWeerd: Just for the record, the applicant said the name is being changed, but he doesn't know to what because it's 1: 1 0 in the morning. Corrie: Any comments on that? Bird: You agree with everything? Corrie: Okay. I'll entertain a motion on CUP 00-023. Bird: Mr. Mayor, I move that we have the Attorney to prepare Findings of Facts and Conclusions of Law for approval for the CUP for Generations Park Plaza II for the demolition of the old existing auto garage structure and construction of a new two-story office/retail building in Old Town, East 1 st Street, and include the Meridian City Council Special( .ing May 23, 2000 "" Page 89 ( agreement that they would install the sidewalk along the north side of the - south side of their building, the north side of Generations Plaza. Corrie: Okay. Do I hear a second? Anderson: Motion made and seconded to approve the request for Conditional Use Permit for CUP 00-023, as stated. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES deWeerd: Mr. Mayor, just a point of clarification. On - I don't think in the CUP motion did we properly address the lease? We talked about Tom's memo that - okay. I just clarified the changes. Nichols: Councilwoman deWeerd and Mayor, members of the Council, the lease has to be approved by the Council anyway. deWeerd: Okay. Item 22. CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron / McDonalds in a C-G zone - 603 South Eag Ie Road: Corrie: The Item 22 has been tabled to July 5th, 2000, upon the applicant's request. Item 23. CUP 00-027 Request for Conditional Use Permit by Meridian Joint School District No.2 for a marketing education classroom to accommodate two non-concurrent classes of 25-30 students each currently in a C-G zone - 357 Watertower Lane: Corrie: Item No. 23 is a request for Conditional Use Permit by Meridian Joint School District No.2. Council, staff, what's going on here? Everybody? Stiles: Mr. Mayor and Council, this is for some property in the - which one is this? Honor Park? Honor Park Subdivision, and the School District is proposing classes there. Staff has no objections. They did have a recommendation that no more than four parking spaces for the facility be allocated for the school since they don't have adequate parking for the kids to come and park there, but the School District has indicated that they are going to bus the students there. I'm really sorry that you waited all night for this. If I had known that you were here, I would have told you that we would take care of it. Corrie: Okay. .r- Meridian City Council Specia{, jng May 23,2000 . Page 90 ( Stiles: The reason that this had to come for a Conditional Use Permit is because public schools would be a required conditional use. Corrie: In agreement with all this? Okay. Let the record show that the applicant said yes. Okay. I'll entertain a motion on Item 23. Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order for a CUP for marketing education classrooms to accommodate two non-concurrent classrooms of 25 to 30 students each currently in a C-G zone at 357 Watertower Lane and staff recommendations. Corrie: Do I hear a second? Anderson: Motion made and seconded to approve the request for Conditional Use Permit for Meridian Joint School District No.2, marketing education classrooms for two non-concurrent classes of 25 to 30 students each in a C-G zone. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 24. Water, Sewer and Trash Delinquencies: Corrie: Delinquency Turn-Off Schedule for 6/14/00. This is to inform you in writing, if you choose to, have the right to a predetermined hearing at 7:30 p.m. on Tuesday, June the 6th, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on June 14, 2000, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? Hearing none, you are hereby informed that you may appeal or have this decision of the City reviewed by the 4th Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn off list is $44,356.52. I'll entertain a motion to approve the delinquency turn-off list. Bird: Mr. Mayor, I move that we approve the delinquency turn-off list for water, sewer and trash. Anderson: Second. Corrie: Motion made and seconded to approve the delinquency list. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council speCial( .ing May 23,2000 . Page 91 ( MOTION CARRIED: ALL AYES 25. Department Reports A. Mayor Robert Corrie: 1. Appointment to Planning and Zoning Commission: Corrie: Okay. Item 25, A, 1. Appointment of Planning and Zoning Commission. I appreciate your staying with us. The other night, Keith and I did interviews and we both felt that William L.M. Nary was the good replacement for the new Planning and Zoning seat to be taken. Keith, do you have anything you'd like to say on that as well? Borup: Not really. I didn't know this was going to be the last item on the agenda. I will - we interviewed two very good candidates and felt that Mr. Nary probably would be a great asset. He's got a lot of expertise, I think, and will add a lot to the Commission. Corrie: Any other questions, Council? Nominations for the Planning and Zoning seat, Mr. William L.M. Nary. Bird: Mr. Mayor, I move that we approve William L.M. Nary as your appointee to the Planning and Zoning Commission. Anderson: Second. Corrie: Motion made and seconded to have Mr. William L.M. Nary appointed to the Planning and Zoning Commission. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Web Page: Corrie: I don't know what I did with my web page there. (inaudible) called us and gave us information, and his estimated cost was $17,500. Bird: was that the guy that came and saw us, Mayor? Corrie: This is another one. He came and saw us and his bid was $18,000. The other guy was $17,500. That was an estimate. Not- Bird: Was the server the same, Mayor? With both proposals? Meridian City Council special Jng May 23,2000 . Page 92 (- Corrie: Yes. The other proposal was $85 an hour and they use a different server. $85 an hour and they estimated about 150 or 200 hours. Anyway, the one that's doing all of our computers now is Troy, and that was the $18,500. This other one was $17,500 and estimated. Bird: Was that an estimate or a firm bid? Corrie: That was an estimate, not a firm bid. Bird: And the $18,000 was a firm bid, wasn't it? Corrie: This was the (inaudible). This was - one of the things that they have to purchase and install a visual 3D on the master (inaudible). He said that it is our estimation $16,500. $10,500 plus $5,000 software and six to eight weeks. The other one we didn't get back at all (inaudible) Bird: Is that one kid, the Troy, is he the one that works on our computers in the City now? But he's about $500 higher? *** End of Side 7 *** Bird: That's considered professional services. You don't have to take the low bid on that, do you? Have we had good luck with him? Has he - very competent? Corrie: Yes. WE can them and they're here in 20 minutes. WE go down or come up and whatever the case may be. (inaudible) real good. Troy, and he's done our computers. He knows our server, he knows how to do it. (inaudible). Bird: Empire Computer Consultants? That's for $18,000? Corrie: Yes. Bird: Council, to me I don't know anything about web sites or anything else, but it doesn't sound outrageous or anything. Originally someone told us $30,000. I think we need it. What do you think, Ron? Mr. Mayor, with that I would move that we - you instruct the Empire Computer Consultants to proceed with our web page for $18,000. McCandless: Second. Corrie: Motion made and seconded to have Empire do our web page at the cost of $18,000. Any further discussion? deWeerd: Does it come out of your budget? Corrie: Okay. Any further discussion? All those in favor of the motion say aye. Meridian City Council SpeCial( ing May 23,2000 .. Page 93 ( MOTION CARRIED: ALL AYES B. City Engineer - Gary Smith: 1. WWTP - Digester/Clarifier Project, Change Order No.3: Corrie: Gary, you're up. Smith: Thank you, Mr. Mayor, Council members. This is Change Order No.3 for the Digester/Clarifier Project. It's for some granular backfill material required under the building because of the moisture condition problems. It was felt that the existing material could not be compacted to adequately support the building, so the import material was ordered to replace it. We'd recommend approval of the Change Order. Bird: Is that the $8511.00? Smith: Yes, sir. $8,511, and there's also an increase in the contract time of 63 days. Again, that was because of the weather. Bird: This is with Turnkey, right? Smith: Yes, sir. Bird: Mr. Mayor, I move that we approve the Change Order with Turnkey, Inc., for $8,511 and add 63 days to the back end of the contract for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the request for the digester/clarifier project. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES D. Police Chief - Bill Gordon: 1. NNO Parade: Corrie: I think the only thing we had left was the Chiefs request he had about the City sponsoring the National Night-Out. McCandless: Mr. Mayor, I move that the City sponsor the National Night-Out; to facilitate the insurance for the parade, and have the Mayor sign and Clerk attest. Meridian City Council Special( May 23,2000 . Page 94 ~ng ( Bird: Yau want to put a date on that? McCandless: July 29. Anderson: I'll second it. Corrie: Motion made and seconded for the City to sponsor a night-out on July 29th. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird; Mr. Mayor, may I say one thing? I know it's late, guys. We looked - I'm glad there's no public here. We looked like a bunch of clowns tonight because information not getting to us until the day of the thing and then half the time it not getting here. I think we need to go back as a Council said a year ago, that if you can't get it here by the Friday before, don't bring it to the agenda. We looked - I was embarrassed. I can embarrass myself easily enough, and I don't need any help. I think that all the departments should be instructed that if we don't have the things back from the departments or the applicants, tell the applicant to stay home because they're not going to be on it until the next week. Do you all feel that way? deWeerd: Amen. Corrie: Put a motion - I'll take care of it. Memo put out - do I need to converse with you? Berg : Yes. Mr. Mayor, the concern that I have is we prepare the packets on Friday. Well, the applicants sometimes can't respond until Monday or Tuesday. What youJre telling me is forget about putting - giving you that information. Tell then sorry. Bird: I'm not talking about that. Anderson: If they haven't- Bird: When you should have all that stuff when you're putting the packets together. What I'm saying is when our staff sends on June 6th to the applicant and then he gets back here and we haven't seen it, and we sit here with nothing to even look at when the applicant has to bring us up on the recommendations. We look like a bunch of idiots. Meridian City Council SPeCiale .ing May 23,2000 . Page 95 ( Berg: I understand what you had said, but what you said before was we get information from the staff and the applicant, and sometimes the applicants don't get the information to respond. Sometimes they bring them to the public hearing. Bird: Then they'll - you know what will happen? They'll only get shut down once, and I'll bet you that they'll have the stuff here on Friday. Corrie: Our staff has to get the questions to them. Bird: OUf staff has to get the questions out. It's no different than what we demand of them to get the stuff here by Friday. We've told the law firm that we needed them by Friday. We're got to have some time to read over them and study them. We were an absolute joke tonight. Corrie: Okay. Bird: Staff, don't get me wrong. I'm saying Council. I'm not (inaudible). Don't get me wrong. We're just going to have to stay with our rules. I'm sure other cities have their rules. (inaudible discussion amongst Council members) Bird: Shari, he acknowledged that, but at the same token, Becky has a whole bunch of stuff out here that we haven't seen of the staff recommendations and she has to bring it up here and for us to make our motions, we have to sit here to get the things right, we've got to sit here and do that. deWeerd: No, Keith, on that one, the applicant is supposed to look at the recommendation from Planning and Zoning and that is what she should have been making her comments on. Bird: We didn't have the recommendations from Planning and Zoning. deWeerd: Yes, we did. Bird: Anyway, let's have them here Friday so I can read them over the weekend. Corrie: Okay. I'll entertain a motion to close the meeting. Anderson: So moved. Bird: Second. Corrie: All in favor? MOTION CARRIED: ALL AYES I~. Meridian City Council Speciat ~ing May 23,2000 .. Page 96 ( MEETING ADJOURNED AT 1:33 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: \\" \\ nUlltl111 . \;\\\ f UJ:'l"l,. 1111 "",~--( 0 .rJI~D~AI))/,. I" Q r ~Olt4 ~ .,.,,~ % ~ if-c.r" 4:> ~ ~ : ~ ~ : - SEAL ~ ~ & 2 ~ ~ ' "C5 __0 2 ~"A .l.~3, lS~ ~ ~- $ ~ v'.:l ' ~ "- ;,f.l. -r C \$) '( .....,.... "'/11": OUm'l f ,,,....~' I .'11 J 11 n r ~' ~,., " \ .. '-. \\ \' ( ( WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM~ F. GIGRAYt 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~ SWARUEY TERRENCE R. WHlTE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN J IDAHO 83680,1150 TEL (208) 288~2499 FAX (208) 288--2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA. IDAHO 836530'0247 TEL (208) 466~9272 FAX (208) 466..4405 Email viaInternet@wfg@wppmg.com · ALSO ADMITIED IN OR .*ALSO ADMITIED IN WA PLEASE REPLY TO MERIDIAN OFFICE June 7,2000 Willialn G. Berg, Jr. City of Meridian 33 East Idaho Meridian, Idaho 83 642 RECEIVED J U N 1 3 2000 CITY OF MERIDIAN Re: Ordinance No. 875 , Summary of Publication Dear Will: This office has prepared a SUffilnarization of the ordinance providing for a new parle to be known as Chateau Park, pursuant to City Councils approval of the Ordina11ce at their June 6, 2000 meeting. I do hereby advise the City, and lualce this staten1ent, that said summary is true and cOlnplete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provi~ions of Idaho Code S 50-90 1 (A). Very truly you , /7 // // ~.,~ / -~ /.::f:Yff' ~ . /~/ - /~ // //- Wm. F. Nichols Enclosure z:\ W ork\M\Meridian 15360 M\Parks\O RD I NAN CES\BergSum OrdChateauPar k.1 tr ( ( NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. S 50-90 I (A) CITY OF MERIDIAN ORDINANCE NO. 875 PROVIDING FOR A NEW CITY PARlC TO BE I<NOWN AS CHATEAU PARI( AIl Ordillallce of tIle City of Meridiall ellactillg a l1e'V\' seetiol1 of Cllapter 7 Title 8, Meridiall City Code of tIle City of Meridiall; relatil1g to City of Meridian Ordillallce No. 875 providillg for a 11.eW parle to be 1010\-\'11 as Cllateall Parle; relating to parl<. regulations and providillg for tIle pllrposes, atltllority alld definitions. A flll1 text of tllis ordillallce is available for illspectioll at City Hall, City of Meli di all , 33 East Idallo, Meridiall, Ida11o. Tllis ordillallce sllall beco111e effective 011 tIle 6-11: day of d~ ,2000. ~ City of Meridiall Mayor and City COllllCil By Willianl G. Berg, Jr. SEAL -' ~ ~- _ ~Q. "C)c" ~ % ~ "(;3; l5~ ~ ~ 2 ~.I: ~ ~~ ,,~ z:\ Vv 0 rk\M\Melidian 153 60 M\Pa rks\(j RD I NA N C ES \Cha te a II ParkS ud{..QXPO(JN1t'l · ~ \' ", "]llJ a: \\\\ JIllrH~S ,:~\.,\\ (.'~'ECOROED - REQUEST OF /\D/~ COUNTY RECORDER 7 ,~;. D ?\VHl N~\VJ.\RRO '7 Pl)l S:':~7 ID!\ HO FEE ----DEPUTy ( .2000 AU 2 3 PM f: 5 2 100067333 MERIDIAN CITY This sheet has been added to document to accommodate recording information. ( CITY OF MERIDIAN ORDINANCE NO. tJ7~ AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW SECTION OF CHAPTER 7 TITLE 8, MERIDIAN CITY CODE OF THE CITY OF MERIDIAN; PROVIDING FORA NAME FOR THE PARle; RELATING TO PARlC REGULATIONS; PROVIDING FOR THE PURPOSES AND AUTHORITY, DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 7 of Title 8 is hereby amended by the addition thereto of a new Section 3 to read as follows: 8-7-3 CHATEAU PARl( A. PURPOSES AND AUTHORITY: This Section is for the purpose of aclmowledging the acceptance of additional land by the City of Meridian for the parle, Imown and designated as Chateau Parle, the legal , description for which is herein set forth in this Chapter; and this · Chapter is enacted upon the authority derived from the Constitution of : the State of Idaho Article XII S 2 and from Idaho Code SS 50-303,50- . 302, and for the health, safety and welfare of the public. B. DEFINITIONS: For purposes of this Section, the following words and phrases shall have the meaning ascribed to them in this Section: · CHATEAU " P ARl(: That certain Municipal parle owned and operated by the City of Meridian more particularly described as follows: : Lot 1 in Bloclc 14 of SUNNYBROOI( FARMS NO.4, according to the Official Plat thereof, filed in Boole 53 of Plats at Page(s) 4682 - 4683, records of Ada County, Idaho. Said parcel contains 2.1 acres, lTIOre or less. Chateau Parle Ordinance - Page 1 of 4 ( AND All that certain real property situated in Section 2, T.3N., R.1 W., B.M., Ada County, Idaho, described as follows: A portion of the W 112 of the E Ih of the SW 1/4 as shown on Record of · Survey No. 3916 filed as Instrument No. 97047432 dated June 16, 1 997, of Ada County Records further described as follows: Commencing at a found Brass Cap Monument marldng the SW corner of Section 2 from which a found Brass Cap Monument marking the 1/4 corner of Sections 2 and 11 bears South 88038'31" East, 2,653.49 feet; Thence South ~8038'31" East I ,326.75 feet to a set 5/8-inch iron pin with cap stamped LeG.A. Lee, PE/LS 3260", marking the W 1/16 corner and the Southeast comer of Sunburst Subdivision No.2 as filed in Book 60 of Plats, page 5894, Ada County Records; Thence along the West 1/16 line and East boundary line of said , Sunburst Subdivision No.2 and the East boundary line of Sunburst Subdivision No.4 as filed in Bool, 62 of Plats, page 621 7, Ada County Records, and the East boundary line of I(ent Field Manor as filed in · Boole 68 of Plats, page 6913, Ada County Records, North 00017'24" East, 2,144.15 feet to a found 1/2-inch iron pin with cap stamped "LS 4931" on the North right-of-way of West Chateau Drive, marking the Southwest corner of Parcel 3 and the REAL POINT OF BEGINNING; , Thence continuing along said West 1/16 line and said East boundary line of I(ent Field Manor North 00017'2411 East, 511.98 feet to a found S/8-inch iron pin with cap stamped LeLS 4931" marldng the CW 1/16 comer and the Northwest corner of said Parcel 3; Thence along the 1/4 Section line South 89012'32" East, 414.67 feet to a set SIB-inch iron pin with cap stamped uG.A. Lee, PEILS 3260" marldng the Northwest corner of Sunny Broole Farms No.4 as filed Book 53 of Plats, page 4682, Ada County Records, and the Northeast corner of Parcel 3; Thence along the West boundary line of said Sunny Brool, FarIliS No.4, South 00017'24" West, 469.23 feet to found lh-inch iron pin with no Chateau Park Ordinance - Page 2 of 4 i ~ cap on the North right-of-way of West Chateau Drive marldng the Southeast corner of said Parcel 3; Thence South 88034'15" West, 1 00.00 feet to set Sl8-inch iron pin with cap stamped ((G. A. Lee, PElLS 3260"; Thence North 89042'36" West, 106.37 feet to a set S/8-inch iron pin with cap stamped ((G. A., Lee, PEILS 3260"; Thence along a tangent curve to the left with delta 19059'16", radius , 330.00 feet, tangent length 58.15 feet, arc length 115.12 feet and chord bearing South 80017'46" West, 114.54 feet to a set Sl8-inch iron pin with cap stamped ((G. A., Lee PEILS 3260" and marldng a point of reverse curvature; Thence along said reverse curve with delta 20040'29", radius 270.00 feet, tangent length 49.25 feet, arc length 97.43 feet, and chord bearing South 80038'23" West 96.90 feet to found Ih-inch iron pin with cap stamped ((LS 4931" marl<ing the Southwest corner of said Parcel 3 and REAL POINT OF BEGINNING; Said parcel contains 4.60 acres, more or less. SUBJECT TO: . All existing easements and road rights-of-way of record or appearing on . the above-described parcel of land. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section,. paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. Chateau Park Ordinance - Page 3 of 4 ( // ( SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding cOlnmenced or right accrued before this Ordinance takes effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6r.6 day of ~ ~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this b~ day of ~~. ,2000. Attest: ~'\\"'" tifft" "1"1 ~,*~ ~ Of' . "'~J' ~' #~ ~~ ~ v- ~ ~ ~ ~ .~.& # ~ 'Q ~ r: -a City Clerk ~ SEAL i ~ y. ,.tJ ~ . ~ ~#, "tt(~..o ~ Z:\Work\M\Meri~ian 15360M\Parks\ORDINANCES~~ ~aIr 15\ · b...~! '/ (I' ~ .A\'~ x- .............-.f Of"M I...V ~ ,\.' 'i.... ~ I '(. \" ~IIJ:. \\\ oC.IiJ4,",u -fiU,'\\\ Chateau Parle Ordinance - Page 4 of 4 /~ t, ( \ STATE OF IDAHO, ) : 55. County of Ada, ) On this bfh day of itv\& 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .-........ .. ~ tIo.. .. ~ ~~o""" """T~ ...~-.....,~~... .A. "~'.s. ',. "I\-~I ~ :A ' · :$/ d., * * \t--l~ (SEAL) :00\ P'4 j>: NOTARY U . \ I . -.. ~~,!:oBL1~i..,~.... RESID I NG ~~.11iOF{p~.. -......-- leG MY COMMISSION EXPIRES: 4 ~;}Io,.DO ~..III:D ._. _. ~ :::z.......~._. !! {~i t; f i i i~i IiI !i!! Ii !i~iJ!~I[!1!!~! ~!~ ~~ !i;~ iJ !!f~!~~~jI~ Ji~ IJ~!~!Ii i I@! I!~ !~! I i ii~ ill i/i/II: II \JI:! ...... 'I' - · ... .----44;; }}I} "';':':1: 1 7 . . ..I. :;:tl~f~ ''')"' ::~?16 ~!%~I:~! If~tlit :~;4:":1':.: 1 5 .:~:.:~ :~:. f;}jl{ }r~IJ :':';':,':': 1 4 ;rr l;t: ="0 9 ~ N,T, S. 3 2 R837'J40280 N~: ,"'~ .~ ,. ~"S ~ ,,' ;. ~ ~..~ .~ RB.371340270 RB371J40260 RB37134025 121 22 2J 24 ------------ --,-~~ N e,.39-00 E 414.73 .... 107.1., ~'tJfJ'}, ~ r~~'RR }et. B-~ (4 'rot.l) - - - - t - - - ' I I I f\)ER lC) ~ A-N I I, I St;NN{ ~~K. ~ [:AR.M S . ~ H.c).A.. p~~ I I I I I I I '.'l(~' ....~ ~.~" ....~ ....~~ ~.~ ".\. .-~ 'K~ ~ ~ : ~ :~: 't." ~~ ~~ ~ ~~ ~ ~ · ~\ ~~l ~ ^ ~ :$. ~ .&~~ ,.# .~. · a.u,"'" l~a~ ff.....s,:... - - .... - ~.................~ ................ ............... ............. .................. ....l......... .. :_~ ___ ~.. ~.." ., ........ ............ ~ ~ y~ ." - t CF!!::~r;. · ...... .., . ......... I R488272054 1 R488272055f !V1 I I., '__ 1110\ ~ ~ , K I r; :.'''h R4BB27205Sd I ,J I I I J , ''f'~ K .. · ~s, 2923 15000 SI\"F R82215302jO 4,0 Ac-, 2 · \ --A,-) R4aB2720~71 11 o ~ t'v o V) ,..., OJ -- co ...... Q: OjO g on" II") ...YJ ~ ~.. ~ <0' ~ Q:-' ~ 120: 5,., 5 rv ~ <:) 3:3 ;] ~ ~ ~ ~ I "J ...., l.r) 01 Q) ,.., ~ ~ ~ I -- ...... co. ~ ~ ~~':'" ~~~~ ~ I . ~ ~. ~ '. . ......., . . . .. . ....... ". . . ..... . . . . . . . . o -~_____ o o *: .., o ...., ct1 ... r\i r--I 2~ 13 ~ 4 J fJ ~ II) .... o I ~ I g I $ J 1 cc ,0 o'Y A:) R1819J502 ~ r\I C'\f rn ;.. ,"" o <0 ~ g / ( ( RECEIVED JUN - 6 2000 CITY OF MERIDIAN June 6, 2000 Mayor and City council: The billing department sent out delinquency notices to all customers that were 30 days or more past due this month as the first step to bring the department up to date with ordinance 9-1-21 which states "The City Clerk shall furnish each property owner on the first of each month of a statement of the amount due for water for the preceding month or up to the time that the meter has been read and for other charges relating to the water system; and if any owner neglects to pay the water bill by the tenth (10th) day of the month, or shall fail or refuse to pay the water bill in that time period, the water user's account shall be delinquent." Due to the large number of customers that are 30 days or more delinquent we will be doing turn off two days this month, June 14th and June 21 st. The attached list reflects all the delinquent accounts in books 1 through 32, which will be turned off on Wednesday June 14th. On June 20th you will receive the delinquent list for books 33 through 75 that will be turned off the following Wednesday on June 21 st. If you have any questions please contact Aly Cooke in the Billing Department. Thank you, C/) --I ~ m en z o -i C ::0 Z o " TI " o ::0 -i I ::t> -t s: o Z -i I (' --I o ~ "~"" 1"" a: :~ ~ o 0 en CJ () m ~ --i -c 00--1 OJ OJ m m m s: ~ ~ m co ~ ::c ~ :T ~ ;: :j3." en > > m c c -C G) Ci) -I c:: c m VJ fJJ ~ ....a-. ~ -I -I to ~ OJ ~ <0 St g: m 0) :T ::c :T '- c r- -< ~ w s: " :%# ~" :" ~&f:: c.. c.. c.. C c: c: r- z z ..( m m N ~ ~ ~ ~ :T -:;-: -~ ~ ,'ill N' ( s: )> s: ~ c.. C Z 0 ~ ~ $j to ~ ~ ~ ~ r- (") ;;tJ )> m m 0 :I: ~ ~ ~ ~ ~ ~ -< :::0 ~ ;C z ~ I en CJ} (j) ~ ~ ~ ~ ::j ~ ~ ~ co 01 Q) ~ c..u l\J "~..-::-.:" i i co CJ1 C) ~ ~ : ~ :: =It: ~ ~ Ol.p... "-I c..u ~ -< 0 m (') $; 0 (0 C <0 Z b () o F ~ --1. :j (j ~ ~ ::tt: n -f )> C r- ~ uu -< en m :r: )> c ;0 -I ~ 0 t$ 6 II C) II -l. 0) (j) ~ UJ ^""" ii1: -':"illm ~ ~ ~ ~ ~ I --I -< 0 m (") ~ 0 "E 0 C o Z , --11- - 6 Q : :~ 41~~:~_: ~ r- i;i li It: ~ ~ .. )> -< r- m fA )> ::t ::;c C o -I o 0 6 II ...J.. " 0Wi. ~ ~ =It: ~ ~ I -I -< 0 ~ 0 ~::o g ~ z 6 () '" F M"" ~ ~ =It (') -f ~ ~ -< .- C/J :I: C -t o .." "I;$-~ ~ ~ " ~~:: :.:< : " ~ If.t' ',,:: ( ( June 2,2000 PP 00-007 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT J-U-B Engineers ITEM NO. L, REQUEST FF - Preliminary Plat for 8 lots on 6.68 acres in proposed L-O zone for Carol Professional Center - west side of Eagle Road between Fairview Avenue and Ustick 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 See attached "V INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the Ci1y of Meridian. ti-l1Cy { ,{aV ~ 01~/1?;; D interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED J U N - 1 2000 CITY OF MERIDIAN From: Wm. F. Nichols Subject: Date: June 1,2000 Will: Please find attached the original of the Findings of Fact for approval of the Preliminary Plat in regards to Carol Professional Center, pursuant to action of the Council at their May 16, 2000 meeting. The Findings will be on the Council's agenda for June 6, 2000. . Additionally, please note that I have not heard baclc from the Planning and Zoning: or Public Warks Departments with response to these Findings. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public W orlcs and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\ClerkPPFindings.Mern ( (/ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 05-25-00 APPLICANT. ) ) ) ) ) ) ) ) Case No. PP-OO-007 IN THEMA TIER OF THE REQUEST FOR PRELIMINARY PLAT FOR CAROL PROFESSIONAL CENTER BY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT J-U-B ENGINEERS, INC., The above entitled matter coming on regularly for public hearing before the City Council on May 16,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of J-U-B Engineering, Inc. was Nancy Taylor, and no one appeared in opposition, 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 CAROL PROFESSIONAL CENTER, DATE: 5-8-00, Drawn By: PJE, Design By: GAL, Checl<ed By: GAL, Project No. 11507, Sheet 1 of 3, By: ]-U-B ENGINEERS, INC., PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J-U-B ENGINEERS, INC. .. FOR CAROL PROFESSIONAL CENTER (pr-OO-OOl) - 1 ( subInitted for preliminary plat approval and which preliminary plat for approval application is herein received a11d 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 the property is presently zoned Limited Office (L-O), 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 SeIVices 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 - J-U-B ENGIN.EERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007).. 2 · ( and as proposed by the developer as stated on the preliminary plat there will be public fina~cial 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 CAROL PROFESSIONAL CENTER, DATE: 5-8-00, Drawn By: PJE, Design By: GAL, Checl<ed By: GAL, Project No. 11507, Sheet 1 of 3, By: J-U-B ENGINEERS, INC., PROPERTIpS WEST, INC., Developer, for CAROL PROFESSIONAL CENTER". 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 1. The Preliminary Plat of the applicant as evidenced by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J-U-B ENGIN.EERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 3 /" ,- !~ ( UPRELIMINARY PLAT OF CAROL PROFESSIONAL CENTER, DATE: 5-8-00, Drawn By: PJE, Design By: GAL] Checked By: GAL] Project No. 11507, Sheet 1 of 3, By: J-U-B ENGINEERS, INC.] PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning and Engineering Staff comments as follows: 2.1 Sanitary sewer service to this site shall be via extensions from the newly · installed main for the new River Valley Elementary School. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl<.5 Department. Sewer manholes are to be provided to l<-eep the sewer lines on the south and west sides of the centerline. 2.2 . Water service to this site shall be via extensions from newly installed main for the new River Valley Elementary School. 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. Provide the Public worl<-s 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 should be monitored with the Meridian Water Department. 2.3 Two-hundred-fifty-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's -expense. Typical locations ~ are at street intersections and/or fire hydrants. 2.4 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hool<--up and design details based on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J..U-B ENGIN.EERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 4 ,- ( . the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. ' Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.5 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 Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creel<. or well saurce 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 Meridial1 City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments far the entire common open area. 2.6 The proposed north-south cul-de-sac is 487 feet in length (centerline of east-west road to radius point afbulb). The maximum cul-de-sac length permitted by the Subdivision Ordinance is 450 feet (Ordinance 12-4- 2.F). The Applicant shall formally request a variance for the cul-de-sac length as part of the Planned Unit Development application. 2.7 · A condition of approval placed on this site by the Fire Department in the approved Findings of Fact and Conclusions of Law for the Comprehensive Plan Amendment (see File No. CP A-99-00 1, para. 11, pg. 4) was that the future signalized intersection on Eagle Road/SH 55 shall need to have Opticom traffic system installed by Properties West, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 5 ;- ( ( 2.8 The Stokesberry Lateral easement is shown as 40 feet wide on the plat and 29 feet wide on the Site/Landscape Plan. Applicant shall clarify the actual width and malce any subsequent edits to the plans. If the 40-foot width is correct, a letter of approval or license agreement shall be obtained granting permission to plant in this easement. 2.9 A letter of approval or license agreement shall be obtained from Idaho Power Co. granting pennission to plant in their easement. If this easement is dedicated for overhead power lines, there may be a potential conflict with these trees at full maturity. 2.1 0 In their report for Carol Subdivision Preliminary Plat, ACHD did not reference cross access easements. Cross access easeIuents shall be entered into and recorded between Lots 1-4 and 5-8, Block I. This recorded cross-access easement shall be received at the time of building permit application. 2.11 The 35-foot Eagle Road/SH 55 landscape setbaclc, currently shown as an easement, be platted as a separate common lot within the subdivision. . The draft CC&Rs submitted with the application states each separate lot owner in the subdivision shall be responsible for construction, installation and maintenance of landscaping on each building site. By placing responsibility for the Eagle Road/SH55 landscape buffer with a single entity (the Subdivision Owner's Association), greater consistency of design and maintenance can be achieved and planting materials shall mature at similar rates. 2.12 Six-foot-high, permanent perimeter fencing shall be required on the northern boundary of the subdivision. 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. All fencing must comply with Ordinance 12-4-10.F. of the Subdivision & Development Ordinance. 2.13 . All perimeter landscaping luust be completed prior to issuance of Certificate of Occupancy for any building within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 6 ( 2.14' The Final Plat shall be recorded prior to issuance of any building permits. Adopt the recommendations of the Meridian Fire Department as follows: 2.15 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2. 16 No parking of vehicles or trailers in cul-de-sac. 2.17 All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of Central District Health as follows: 2.18 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. 2.19 Run-off is not to create a mosquito breeding problem. 2.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.21 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. 2.22 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the I<Ieiner property to the south develops. 2.23 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cud-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J-U-B ENGIN"EERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 7 Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 2.24 The total project has 87 more parlcing stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact' parl<ing spaces. By action of the City Council at its regular meeting held on the Y1.. day of cT t01JL , 2000. By: (;' ROB T D. CORRIE Mayor, City of Meridian , Copy served upon Applicant, the Planning and Zoning Department, Public W orl,s Department and City Attorney. Dated: 1-- 6.~tJ r) .\' \\,\1 \IUftfU, 1" x\:' ~., 111 ~\.\;. -t V' ~-'I' ,'" ~, J'~ ~" c:} .-cPnb .a ~_.. ~ .;;. +0V- -~)o~ "V ~ S ~ ,..() ~ '_~ SEAL 1 ~ "'Go. t!? g ~:.. , -~'\ " ,,~ J ~ ~1~~ ~ L,Sr 1S'" . 00 .$ .., ~qJ - ~ '" ~/p'~I'~ 0ollNT'l . '(\) """, JI, \\\\ litJUff ,'H'\\\ msglZ:\Work\M\Meridian 1 5360M\Carol Office AZ CUP PP\FfCIsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-OO-007) - 8 wa'l i6trict Judy Peavey-Derr, President Dave Bivens, Vice President Marlyss Meyer, Secretary Sherry R. Huber, Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208)387-6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us May 15, 2000 RECEIVED MAY 1 9 2000 CITY OF MERIDIAN TO: Jon L. Barnes Properties West, Inc. 1401 Shoreline Dr. Boise, 10 83702 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: Preliminary Plat: Carol Professional Centerl M P P -OQ-007/MC U P -00-02 O/MAZ-QQ-007 Eagle Road between Fairview and Ustick On April 12, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-af-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the .payment of fee charged for the manufacturing and installation of all street signs. 2 4. ' If Public Right-of-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. <... Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387 -6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services - John Edney Drainage- Chuck Rinaldi Gary A. Lee, P.E./L.S. J-U-B Engineers, Inc. 250 S. Beechwood, #201 Boise, 10 83709 ........ ""II ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Developnlent Application Repo11 Prelinlinary Plat - Carol Professional Center/ Eagle Rd./ Fairvie\v MPP-OO-OO 7 /M CUP -00-02 O/MAZ-OO-007 8 C0111mercial/Office Lots An applicatio~l for a prelilninary plat has beell sublnitted to the City of Meridial1 for eigllt comnlercial 'and office lotS.., The application has beell refelTed to ACHD by tIle City of Meridian for revie\v and COll11nent. Carol Subdivision is an 8-10t cOllllnercial sllbdivision on 6.68-acres. The applicant is also requesting a reZOlle from RT to LO. Tllis development is estilnated to generate 630 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Gelleration manual. TIle COlTIlnission previously reviewed and approved the adjacent public school site MA-08-98. Together witll the school site, tIle CUITent application will be cOllstructing a new east-yvest street on tIle SOlltll property line. Roads impacted by tllis developmellt: Eagle Road Neyv East-West Street ACHD Coml11issioll Date - April 12, 2000 - 7:00 p.ll1. "u_- U_SItCK T ~ I i I I -', j ,.~ / ( J ""---LES LI ~ :2/ --__1.::._----"- p (fj :) J~ School Site 1 I I I LLl. ~ :) 01 ! i Gfi8~BEB --u~T-l C) }- _.o~ OJ Jj o =~__L~" .lJ ~ .r---~ ~ ~ ,~---T---~-'''-'-':_ -J_-"- ; __ _ ' i ~ ""-.<"'~'_~___~I'>' ~'~" \ V 1'g~~_ E-'\\~,,".., ~Sl FAIRVIEW~ s i ~./ w i. I -~'---""""'__ w cr,-- :J ~ Z w~- >.: CAROL.CrvlM page 1 1 1 - : : j i ~I. u ~ H (j) => ........",. '" =rf\J~n-o . ......~ . ~ ~~ . -~-r .. - - + .. ..... 'I - . - . ':, \ \ . - .' \ ~ ~ ,- .' '. \. : LLj, .-' --......; f ,." ---1/ '. C/)!' LLJ( /.. .,~ "-.,......--/ lU ~ i . ZJ <(} o:J - -'-(9 . w r- -- (f) /) /... ~ -. " o (]) o-+--' -5(f) (f) '--'---"~. l · ......~---.-.......... :-=1 CJn 1>=1 U C\-n'\-{I ...............'~ ~ { " .( .:" i . . 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','i" r .,c ~ ~ ,J ~~'~~1~ :t~ ~ 0: :> 'III.. _ ........ _.... ~...... . ..... ~.. ..... ~ ------......--... ... --.-.......-... ~ .. ~. -~. :~ ,,~- J ~, I ; GJ: :cw I: . ~ I 1i! ~ ~ ~ ~ .' '>-- (_~~~"~r~~ 1:::J~~~~~f.. ~1' w :: ~ ~ ~_w~ , I h ~ e!1 \fij 8 A., Facts and Findings: A. '......General Infon11ation Owner - JOhl1 L. Banles, Properties West Ille. App licant - JUB Engilleers lnc, Gary Lee RT - Existillg Z011il1g LO - Requested zOlling 6.68 ~~". - Acres 8 ~'"- Proposed building lots 900 - Total lineal feet of proposed pllblic streets 265 - Traffic Analysis Zone (T AZ) West Ada Meridian - Impact Fee Service Area - Ilnpact Fee Assessnlent District Eagle Road Principal alierial Traffic count of 28,268 on 1 0/27 /98 C -Existing Level of Service C -Existing plus project build-out Level of Service 650 -feet of frontage 200 - feet existing rigllt -of-way (1 00- feet frol11 centerline) COlnply with ITD' s rigllt-of-\vay reqlliremel1ts Eagle Road is ullder tIle jurisdiction of the Idaho Tra11Spoliation Departlnent (lTD). Eagle Road is improved witll an 84-foot street seetioll no cllrb, gutter or sidewalk. New East- West Street Collector street with bike lane designation No traffic COUllt available 360 - feet of frontage o - feet existil1g right-of-way (O-feet north fron1 centerline) 66 - feet required right-of-\vay (33-feet n011h froll1 centerline) The ne\v east-\vest street is currently being constructed as a 28-foot \vide road\vay tapering to 40-feet at the intersection with Eagle Road \vith no curbs, gutters or side\valks. The ne\v street \vill be a future collector street to service the large area of undeveloped land to the south and \vest of the subject property. The ne\v road \vill be located on the n1id-section line. B. 011 March 27,2000, the District Planning and Developnlent staff inspected this site and evaluated the transportation systen1 in the vicinity. On March 31, 2000, the staff nlet as the District's Technical Revie\v COll1111ittee and revie\ved the inlpacts of this proposed developnlent on the District's transportation systen1. The results of that analysis constitute the follo\ving Facts and Findings and reco111111ended Site Specific Requirenlents. CAROL.CMM page 2 ,p" : ( C. · In 1997, the District COllducted an access control study for the Eagle Road COITidor (Eagle Road Access Control Study, MK Celltennial Engineering, Septelnber 25, 1997). TIle access COlltrol ~,,,fl.rea covered in this plan inclllded the segmellt of Eagle Road adjacent to this project site and recoll11nended that drive\vay access to Eagle Road be elinlinated and that public street intersections be located at tIle quarter and half mile point. TIle applicallt is cOllstructing all east/\vest collector road at the quarter Illile locatiol1. Based OIl the findings of tIle Eagle Road Access Control Study, tIlis site should not have a drive\vay on Eagle Road and the priluary access to the arterial street system sIlould be provided from tIle new east/\vest collector roadway. This IO,cation of ne\v collector roadway was also idelltified in tIle Eagle Road Access Control Study as a tell1porary full-access il1tersection. TIle intersectiol1S will be restricted to rigllt- in/right-ollt operation as traffic voll~nles on Eagle Road illcreased. The District previollsly acted on MA-08-99, an elelnentary school site located inlnlediately \vest of the CUITent applicatioll. TIle school site constnlcted a public street connection to Eagle Road along this site's SOlltIl property line. The new street was constnlcted along this site's soutll propeliy as a 28-foot wide roadvvay tapering to 40-feet at the illtersection of Eagle Road. D. The applicant is 110t proposing any driveways on the nevv east/west collector road and Ilone sI10uld be approved. The site has insufficient frontage to offset a drive\vay 011 the new collector road froln botll Eagle Road and the new cOlllmercial street. E. District policy reqllires the applicant to COl1struct a 5-foot wide concrete sidewalk on the new east/west street that abutti11g tIle parcel prior to District approval of a final plat. TIle sidewalk shollld be located two feet witIlin the ne\v rigl1t-of-way of tile collector road. Coordillate tIle locatioll alld elevation of the sidewalk witll District staff. F. TIle applicant is proposing to construct a cOlllmerciaI street off tIle Ile\V east/\vest collector roadway located approxilnately 320- feet \vest of Eagle Road. TIle location of tl1e road\vay meets District policy. The applicallt should be required to construct the road\vay as a 40-foot street seetiol1 with curbs, glItters, and 5-foot \vide sidewalks within 58-feet of rig11t-of-\vay. G. The applicant should be required to locate driveways on tIle COll1111ercial street a 111illill1unl of 50- feet north of tIle Ilew east/\vest collector road. The drive\vays should be constructed as 24 to 30- foot \vide curb cuts alld paved their entire width to a point 30- feet beyond the edge of pavenlent of the COll11l1ercial street. H. The applicant is proposing to construct a circular tUlllaround at the 110rth end of tIle new 110rth- south c0111111ercial street. The tlllllarollnd should be constructed to provide a 111ininlUl11 tU111ing radius of 45-feet. Subnlit a design of the tunlaround for revie\v and approval by District staff. I. Utility street cuts in pavenlent less than five years old are not allo\ved unless approved in \vriting by the District. COlltact Construction Services at 387 -6280 (\vith fi Ie nU111bers) for details. J. State High\vay 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Depalilnent (ITD). Application nlaterials should be subnlitted to ITD for revie\v and requirenlents of that DepartI11ent a11d the applicant should subnlit to the District a letter fronl ITD regarding said requirenlents prior to District app~-oval of the final plat or issuance of a building pell11it (o~ other CAROL~CMNl page 3 " required penl1its), \Vllicllever OCCllrs first. TIle applicant l11ay COl1tact District III Traffic Engineer Michael Garz at 334-8340. .:....... .... K. Graveled drive\vays ablltting public streets create maintenallce problems dlle to gravel being tracked 011tO the road\vay. III accordallce with past action by the District the applicant should be required to pave tIle drive\vay its fllll width and at least 30-feet into the site beyond tIle edge of pavenlent of all pllblic streets. ,L. As required by District policy, restrictions on tile \vidth, number and locations of drive\vays, may be placed on fllture developnlellt of this parcel. M. Based on developnlent pattelllS in this area and the resulting traffic generation, staff anticipates tIlat the transportation systelTI "viII be adequate to accommodate additional traffic generated by this proposed developnlent with the requirements olltlined within tllis report. The follo"ving Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 33-feet of right-of-way for the new collector road alollg tIle soutIl property line of tIle site ablltting the parcel by means of recordatio1l of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or otller reqllired permits), whichever OCCllrs first. Allo\v up to 30 bllsiness days to process tile right-of-way dedication after receipt of all reqllested nlaterial. The owner will be compensated for all right-of-way dedicated as an additiol1 to existing rigllt-of-\vay fronl available impact fee revenlles in tllis benefit zone, if tIle owner submits a letter of application to the impact fee adll1inistrator prior to breaking grollnd, ill accordance with Sectio11 15 of ACHD Ordinance #193. 2. COlnply witll requirenlellts of ITD for State Highway 55 (Eagle Road) frontage. Sllbnlit to the District a letter frol11 ITD regarding said requirenlents prior to District approval of tIle final plat or issuance of a building penllit (or other required pennits), whicllever OCCllI'S first. Contact District III Traffic Engineer at 334-8340. 3. The Eagle Road Access Study identified that the l1ew east-\vest collector street located 2640- feet nortl1 of Fairvie\v Avenue \viII be restricted to right-in/right-out operation as traffic volunles on Eagle Road increased. 4. Utility street cuts in the ne\v pavenlent are not allovved unless approved in \vriting by the District. Contact Construction Services at 387-6280 (with file nU111ber) for details. 5. As required by District policy, restrictions on the \vidth, nU111ber and locations of drive\vays, shall be placed on future developn1ent of this parcel. CAROL.CIvllvl page 4 ( 6. ' Construct a 5-foot "vide COllcrete side\valk on 11e\V the east/\vest collector street abuttillg tIle parcel prior to District approval of a final plat. TIle side\valk s11all be located two feet within __.... tIle ne\v right-of-\vay of the collector road. Coordi1late the location and elevation of the sidewalk \vith District staff. 7. Construct tIle new C0111111ercial street as a 40-foot street sections witll curb gutter, and 5-foot wide C011crete side\valks \vithin 58-feet ofrigllt-of-\vay, located as proposed 320-feet. ,8. Locate drive\vays off the lle\V commercial street a minimunl of 50-feet north of tile collector road\vay. Construct the driveways as 24 to 3D-foot wide curb cuts and paved tlleir full \vidth to a point 30- feet beYOlld tile edge of pavenlent of the comnlercial street. 9. Constnlct all ACHD approved turnaround vvith a'45-foot radius at the nortll end of the new nortll-south street. Sllblnit a design of tIle tunlaround for revie\v and approval by District staff. 10. No access points to Eagle Road llave been proposed and none are approved witll this application. 11. No access points to the new east-west street have been proposed and llone are approved with this appIicatioll. Standard Requirements: 1. A reqllest for modification, variallce or waiver of any requirelnent or policy outlined herein s11all be lllade in writing to tIle ACHD Plannillg and Development Supervisor. The request sllall specifically idelltify each requireme11t to be reconsidered alld inclllde a writtell explanation of\vllY SllCh a reqllire111ellt W01IId reslllt in a sllbstantial hardship or inequity. TIle vvritten reqllest sIlal1 be submitted to tIle District no later tIlall 9:00 a.Ill. on tIle day sclleduled for ACHD C01TI111ission actio11. Those iteITIS shall be rescl1eduled for discussion witll the COlll1llission on tlle next available l11eetillg agenda. Requests submitted to tIle District after 9:00 a.ll1. 011 the day scheduled for Conl1l1ission action do 110t provide sufficient tinle for District staff to rell10ve the itenl froll1 the consent agenda and report to the Conlnlission regardillg tIle requested 111odification, variance or "vaiver. Those itenls "viII be acted on by the C0111111ission unless renloved froll1 the agenda by the C011111lission. 2. After ACHD COll1nlission action, any request for reconsideration of the C0111111ission's action shall be 111ade in \vriting to the Planning and Developnlent Supervisor \vithin six days of the action and shall include a 111ininlull1 fee of $11 0.00. The request for reconsideration shall specifically identify each requirenlent to be reconsidered and include \vritten docU111entation of data that ,vas not available to the C0l11111ission at the ti111e of its original decision. The request for reconsideration \vill be heard by the District COll1111ission at the next regular nleeting of the C01111l1ission. If the C0111111ission agrees to reconsider the action, the applicant \vilI be notified of the date and tinle of the C0111111ission ll1eeting at \vhich the reconsideration \tviII be heard. CAROL~CMM page 5 ( \ ( 3. PaY111ent of applicable road inlpact fees are required prior to building construction in accordance \vith Ordillallce # 193, also knowll as Ada COUllty Higllway District Road Inlpact Fee Ordinance. .......... "'" 4. All desigll alld constructioll sllall be in accordance vvitll tile Ada County Highway District Policy Manual, ISPWC Standards and approved sllppleluellts, Construction Services procedures and all applicable ACHD Ordillances unless specifically waived herein. All ellgineer registered in tIle State of Idaho shall prepare and celiify all improvenlellt plalls. 5. The applicant shall subnlit revised plans for staff approval, prior to issuance of building penl1it (or otller required pelll1its), which incorporates any required design changes. 6. Constructioll, use and property developll1ent shall be in confolluance \vith all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities \vithin the rigllt-of-vvay. Existillg utilities damaged by tIle applicant shall be repaired by tIle applicallt at 110 cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full busilless days prior to breaking ground witllin ACHD right-of-way. TIle applicant shall contact ACHD Traffic Operations 387-6190 in tile evellt any ACHD conduits (spare or filled) are cOll1pr0l1lised during allY phase of construction. 8. No challge in the ternlS alld COllditions oftllis approval shall be valid llllless tlley are ill writing alld siglled by tIle applicant or the applicant's allthorized represelltative alld all alltl10rized representative of the Ada County Highway District. The burdell shall be upon tile applicant to obtain vvritten confilmation of allY change from the Ada County Higll\Vay District. 9. Any cllange by the applicant ill tIle plalmed use of the property vVllicIl is the subject of this application, 511a11 require tile applicallt to cOlnply witll all rules, regulations, ordinances, plans, or otller regulatory and legal restrictiollS in force at tile tillle tile applicant or its successors in interest advises tile Higllway District of its intent to change the planlled llse of the subject property unless a waiver/variance of said requirell1ents or other legal relief is granted pursuant to the lavv in effect at the tillle tile change ill use is SOUgl1t. Conclllsion of La"v: 1. ACHD requirenlents are intended to assure that the proposed use/developnlent vvillnot place an undue burden on the existing vehicular and pedestrian transportation systenl \vithin the vicinity inlpacted by the proposed developlllent. Should YOll have any questions or cOll1111ents, please contact the Planning and Developll1ent Division at 387-6170. Subnlitted by: C01111l1ission Action: Planlling and Developnlent Staff April 12~ 2000 CAROL.CwIlv[ Page 6 ( ( June 2, 2000 CUP 00-020 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT J-U-B Engineers ITEM NO. ~ REQUEST FF - CUP to construct 8 office buildings on 6.68 acres in proposed L-O zone for proposed Carole Professional Center - west side of Eagle Road between Fairview Avenue and Ustick 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: 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: Materials presented at public meetings shall become property of the City of Meridian. '. ~11l-' -'If 31 (p/ 7 ?J 1;0 i n t e r 0 f' fie e MEMORANDUM f / / y , ^ f ^ From: William F. Nichols RECEIVED J U N - 1 2000 CITY OF MERIDIAN To: , William G. Berg, Jr. Subject: CAROL PROFESSIONAL CENTER BY: J-U-B ENGINEERS, INC. File No.: CUP-OO-020 Date: , May 31, 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 May 16,2000, lneeting. The Findings will be on the Council's agenda for their June 6, 2000, lneeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Additionally, please note that I have not heard back from the Planning and Zoning or Public Works Departments with response to these Findings. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msglZ:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\ClkLtrCUPffcls&Order (~ BEFORE THE MERIDIAN CITY COUNCIL 05-25-00 IN THE MATTER OF THE ) APPLICATION OF J-U-B ) ENGINEERS, INC., FORA ) CONDITIONAL USE PERMIT ) TO REDUCE THE REAR (WEST ) SETBACI() ADJACENT TO THE ) SCHOOL FROM 20 FEET TO 1 0 ) FEET FOR PROPOSED CAROL ) PROFESSIONAL CENTER IN AN ) L-O ZONE, LOCATED ON THE ) WEST SIDE OF EAGLE ROAD ) BETWEEN FAIRVIEW AND ) USTICI( ROAD, MERIDIAN, ) IDAHO ) ) Case No. CUP-OO-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having COIne before the City Co~ncil for public hearing on May 16, 2000, at the hour of 7 :30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law a11d Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and tal<.en oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of J - U - B Engineers, Inc. was Nancy Taylor, and no one appeared in opposition, and having duly considered the matter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 (' l and the PlaTIning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Cormnission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code 9 67-6512 provides in part that: (A) AB part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and whe11 it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3 ) Controlling the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 j ( 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code s' 11-17-2. 3. . Idaho Code S 67 -6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is Imown as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Limited Office (L-O) zone, a public hearing shall be conducted with notice to be published and provided to property o'-'Yners 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, which provides as follows: FINDINGS QF FACT AND CONCLUSIONS OF LAW - Page 3 of 16 USE PERMIT SUBJECT TO CONDITIONS / ]-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 /.. ! (/ "PriO! to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chap'ter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearillg and the Council may approve, deny, or modify the recommendation of the Commission. " STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT I. 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 May 16, 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 beeIl posted upon the property under consideration more than one weelc before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said May 16,2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 16 USE PERMIT SUBJECT TO CONDITION-S / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 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 se.t forth in Idaho Code 9967-6509 and 67-6512; and Meridian City Code ss 11-15-5 and 11-17 -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting fIled with the staff report. 3. Council talces judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title II and Title 12 and all current zoni.ng maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at west side of Eagle Road between Fairviewand Usticlc Road, Meridian, Idaho. 5. The owner of record of the subject property is Jon Barnes of Boise. 6. Applicant is JUB Engineers of Boise. 7. . The subject property is currently zoned R-T. There is an application before the City Council for annexation and zoning to Limited Office (L-O). The zoning district of L-O is defined within the City of Meridian Zoning and Developlnent Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO..020 ( 8. The proposed application requests a conditional use permit for reduction in rear setback. The L-O zoning designation within the City of Meridian Zoning and Developme~t Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9 . The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the "PRELIMINARY PLAT OF CAROL PROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: GAL, Checlced By: GAL, Project No. 11507, Sheet 1 of 3, BY: ]-U-B ENGINEERS, INC., PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", to reduce the rear (west setback) adjacent to the school from 20 feet to 10 feet for the proposed Carol Professional Center, and which property is described as: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Co~encing at a point marl<ing the Northeast comer of Section 5, T.3N., R.lE.., B.M., Ada County, Idaho; thence South 00036105" West along the Easterly boundary of said Section 5,2,611.52 feet to a point marking the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 16 USE PERMIT SUBJECT TO CONDITIONS / J..U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO..020 Southeast comer of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38" West, along the Southerly boundary line of said NE 1/4,372.00 feet to a point; thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89040137" West, 143.00 feet to a point; thence North 00036'05" East, 50.00 feet to a point; thence North 89040137" West, 105.00 feet to a point; thence North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00036105" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services reqlJ-ired by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order nUInber 2, are found to mitigate the effects of the proposed use and development upon services FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 ( (J delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under nUlnber 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drai11age structures, refuse disposal, water and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. : The use proposed within the subject application will not involve FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 16 USE PERMIT SUBJECT TO CONDITIONS / }-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 f 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, smol<e, fumes, glare or odors. 19. Sufficient parl<ing for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. . That the Applicant/Owner of the property, is granted a conditional use permit for the proposed application request of a conditional use permit to reduce the rear (west setback) adjacent to the school from 20 feet to 10 feet for the proposed Carol Professional Center, and described in the "uPRELIMINARY PLAT OF CAROL PROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: GAL, Checlced By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, INC., PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", for the development of the aforementioned project, and which property is described as: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 t-/" { A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B.M., Ada County, Idaho; thence South 00036'05" West along the Easterly boundary of said Section 5,2,611.52 feet to a point marking the Southeast comer of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38H West, along the Southerly boundary line of said NE 1/4,372.00 feet to a point; thence leaving said Southerly boundary North 00036'05rr East, 250.00 feet to a point; thence North 8904013711 West, 143.00 feet to a point; thence North 00036'05H East, 50.00 feet to a point; thence North 89040'37" West, 105.00 feet to a point; thence North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Boolc 38 of Plats ,at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00036'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7. 73 a~res, lnore or less. 2. The conditional use permit granted herein is subject to the following terms and conditions: . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 1.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.2 Coordinate fire hydrant placement with the City of Meridian Public , W orlcs Department. 1.3 Provide the Public W or1<.5 Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.4 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1. 6 Lighting plans shall ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public W Dries Department is in the process of determining detailed standards for lighting. 1.7 The conditional use pennit shall be subject to review upon ten days notice to the Applicant. The conditional use permit shall become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit shall be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirelnents and construction proceeds in accordance with the approved conditional use pennit. 1.8 One monument sign is proposed for the site. An elevation was submitted with the CUP application. The sign has a bacl<ground area of approximately 130 s.f.. The City's draft sign ordinance proposes project center signs in the L-O zone be allowed a maximum bacl<ground area of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II of 16 USE PERMIT SUBJECT TO CONDITIONS I J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUp..OO..020 80 s.f.. A size restriction shall be placed as a condition on this project and the sign area be reduced to 80 s.f.. No location for the sign was called out on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and separate application to the City. 1.9 The Association's Architectural Review Committee shall establish a coordinated sign program for all signs within the complex so materials . complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. 1.1 0 _ The maximum allowed building coverage in the L-O zone is 50% per lot. A couple of the proposed building pads appear close to this maximum. . The Applicant shall provide coverage calculations for all lots to . demonstrate compliance with this ordinance. The building envelope sizes may vary depending on future lot owners, but the general location, maximum size and orientation for each lot shall be approved with this application. 1.11 The building pads shown on each lot do not reflect building orientation. While the proposed elevations are similar for the front and rear, . Applicant shall designate intended building orientations for Lot 1 and Lot 2, Block 1 (i.e. Eagle Rd. or the cul-de-sac). 1.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 1.13 . Provide a letter of approval from Ada County Highway District prior to applying for any building permits that approves of the location of all curb cuts. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 1.14 No details of hours of operation are provided. The office uses/hours shall be harmonious with the residential homes to the north and east. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 of 16 USE PERMIT SUBJECT TO CONDITIONS / ]-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 (f~.. 1.15 The minimum parl<ing stall dimensions (as required by Ordinance 11-13- 4.F.) are not met on a majority of the stalls shown on Sheet L1. The majority meet the minimum 9-foot width but do not meet the minimum 19-foot length. Approval for reducing the length to 1 7 feet where a two , foot overhang is available but will depend, in part, on the berm ratio. However, an 18 foot minimum where stalls abut sidewalks shall be required. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 1/2' width and 15' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from 25' to 23'. Support of a 24' aisle could be approved, but not a 23' aisle. Additionally, the compact stalls shall be dispersed evenly throughout the complex and not in a single row. At least 70% of the stalls in this row should be standard size. The applicant shall address all of these parl<ing dimension concerns. 1.16 No total off-street parl<ing counts were provided as part of the application. This must be provided prior to the P &Z Commission hearing. There are a total of 333 stalls serving all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires 1 stall per 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would seIVe approximately 133,000 sq. ft. of office space. The proposed building pads (single story) are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications are not being required for each . future building, all off-street parl<ing requirements shall be met on each lot. The plan appears to meet the minimum as is, but once the changes required in #9 above are made, it will impact the total number. 1.1 7 All ADA requirements must be met for each building. 1.18 The parldng row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visuaVsoftening break. At least two (2) landscape islands/bump-outs with dimensions equivalent to a single stall shall be provided within this row. 1.19 The inclusion of bicycle racIes at each office building shall be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 16 USE PERMIT SUBJECT TO CONDITIONS / ]-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 ( ( 1.20 One, three inch (3") caliper tree is required per 1 ,500 s.f. of asphalt area on the site (excluding rights-of-way). A total of 115 trees are currently shown for the perimeter landscaping. This appears to meet the ordinance. However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. 1.21 Detailed landscape plans, including berm height, species, groundcovers, shrubs and irrigation details shall be submitted with each future building's Certificate of Zoning Cornpliance/Building Permit application. 1.22 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once tl!e l<leiner property to the south develops. 1.23 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right- of-way dedication. 1.24 The total project has 87 more parking stalls than required by ordinance, and therefore, the Applicant shall be allowed to eliminate the compact parldng spaces. 3 . 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 conformed copy shall be served by the Cleric upon the applicant, the Planning and Zoning Department, Public W or1(s Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ( NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 6 7 -65 21 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 seel< a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /:.~ o day of J~ , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED COU.NCILMAN BIRD VOTED p....." COUNCILMAN deWEERD VOTED tL- COUNCILMAN McCANDLESS VOTED .. tJ......" FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 ( MAYOR ROBERT D. CORRIE (TIE BREAlCER) ~~6-tJO VOTED DATED: MOTION: --DISAPPROVED: APPROVE Copy served upon Applicant, the Planning and Zoning Department, Public W orles Department and City Attorney. Dated: 6~-6.~clO By: City Clerk mswZ:\Work\M\Meridian 1 5360M\Carol Office AZ CUP PP\CUPFfClsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) J-U-B ENGINEERS, INC. FOR A ) CONDITIONAL USE PERMIT TO REDUCE ) THE REAR (WEST SETBACI() ADJACENT TO ) THE SCHOOL FROM 20 FEET TO I 0 FEET ) FOR PROPOSED CAROL PROFESSIONAL ) CENTER IN AN L-O ZONE, LOCATED ON ) THE WEST SIDE OF EAGLE ROAD BETWEEN) FAIRVIEW AND USTICI( ROAD, MERIDIAN, ) IDAHO ) ) 05-25-00 CASE NO. CUP-OO-020 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of June, 2000, under the provisions of Meridian City Code S 11-17 -4 for final action 011 conditiol1al 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/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit to reduce the rear (west setbacl() adjacent to the school from 20 feet to 1 0 feet for the proposed Carol Professional Center, described in the "PRELIMINARY PLAT OF CAROL: PROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: GAL, Checl(ed By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, INC., PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", for the developlnent of the aforementioned project, and which property is described as: ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 ( ( A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Conunencing at a point marl<.ing the Northeast corner of Section 5, T.3N., R.1E., B.M., Ada County, Idaho; thence South 00036'05" West along the Easterly boundary of said Section 5,2,611.52 feet to a point marl<.ing the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38" West, along the Southerly boun'dary line of said NE 1/4,372.00 feet to a point; thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a . po in t; thence North 89040'37" West, 143.00 feet to a point; then~e North 00036f05" East, 50.00 feet to a point; thence North 89040'3711 West, 105.00 feet to a point; thence North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00036'0511 West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 2. That the above named applicant is granted a conditional use permit to reduce the rear (west setbacl<.) adjacent to the school from 20 feet to 10 feet for the proposed Carol Professional Center, located on the west side of Eagle Road between Fairview ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 ( ( and Usticl( Roads, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.2 Coordinate fire hydrant placement with the City of Meridian Public W orl<.s Department. 2.3 Provide the Public W orl(s Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.4 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.5 Assessment fees for water and sewer service are detennined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer ULate Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.6 Lighting plans shall ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public W orl(s Department is in the process of determining detailed standards for lighting. 2.7 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit shall become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit shall be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirelnents and construction proceeds in accordance with the approved conditional use permit. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 (r ( 2.8 One monument sign is proposed for the site. An elevation was submitted with the CUP application. The sign has a background area of , approximately 130 s.f.. The City's draft sign ordinance proposes project center signs in the L-O zone be allowed a maximum bacl(ground area of 80 s.f.. A size restriction shall be placed as a condition on this project · and the sign area be reduced to 80 s.f.. No location for the sign was called out on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and separate application to the City. 2. 9' The ASsociation's Architectural Review Committee shall establish a coordinated sign program for all signs within the complex so materials complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. 2.10 The maximum allowed building coverage in the L-O zone is 50% per lot. A couple of the proposed building pads appear close to this maximum. The Applicant shall provide coverage calculations for all lots to demonstrate compliance with this ordinance. The building envelope sizes may vary depending on future lot owners, but the general location, maximum size and orientation for each lot shall be approved with this application. 2.11 · The building pads shown on each lot do not reflect building orientation. . While the proposed elevations are similar for the front and rear, Applicant shall designate intended building orientations for Lot 1 and Lot 2, Block 1 (i.e. Eagle Rd. or the cul-de-sac). 2.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval · from Sanitary Service Company prior to applying for building permits. 2.13 Provide a letter of approval from Ada County Highway District prior to applying for any building pennits that approves of the location of all curb cuts. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 ( (- 2 .14 No details of hours of operation are provided. The office uses/hours shall be harmonious vvith the residential homes to the north and east. 2 .15 The minimum parlcing stall dimensions (as required by Ordinance 11- 13-4.F.) are not met on a majority of the stalls shown on Sheet LI. The majority meet the minimum 9-foot width but do not meet the minimum 19-foot length. Approval for reducing the length to 17 feet where a two foot overhang is available but vvill depend, in part, on the berm ratio. However, an 18 foot minimum whefe stalls abut sidewall(s shall be fequired. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 V2' width and 15' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from 25' to 23'. Support of a 24' aisle could be approved, but not a 23' aisle. . Additionally, the compact stalls shall be dispersed evenly throughout the complex and not in a single fOW. At least 70% of the stalls in this row should be standard size. The applicant shall address all of these parking dimension concerns. 2 .16 No total off-street parl<ing counts were pfovided as part of the application. This lTIUSt be provided prior to the P &Z Commission hearing. Thefe are a total of 333 stalls serving all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires 1 stall per 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would serve approximately 133,000 sq. ft. of office space. The proposed · building pads (single story) are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications are not being required for each future building, all off-street parking requirements shall be met on each lot. The plan appears to meet the minimum as is, but once the changes required in #9 above are made, it will impact the total number. 2.1 7. All ADA requirements must he met for each building. 2.18. The parldng row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visuaVsoftening break. At least two (2) landscape islandslbump-outs ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 (' ( with dimensions equivalent to a single stall shall be provided within this r row. 2.19 The inclusion of bicycle racks at each office building shall be required. 2.20 One, three inch (3") caliper tree is required per 1,500 s.f. of asphalt area on the site (excluding rights-of-way). A total of 115 trees are currently shown for the perimeter landscaping. This appears to meet the ordinance. However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. 2.21 Detailed landscape plans, including berm height, species, groundcovers, shrubs and irrigation details shall be submitted with each future building's Certificate of Zoning Compliance/Building Permit application. 2.22 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the I<Ieiner property to the south develops. 2.23 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall he added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 2.24 The total project has 87 more parldng stalls than required by ordinance, and therefore, the Applicant shall be allowed to eliminate the compact parking spaces. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 (/ ( 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 copditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17 -8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~~ ,2000. ~A. 6 - day of D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: 6-6-tJO . "..HUUltflll/ \\\\ Of ~'II' \.\ ...J I,I, .....,....' ~ ~ r/ ~ 1'~~ ;:. '" <:} . -aOOb.ll ~~ ~ $ - dJ~ -.,~... ~ ~ ~ ~ ~ ~ ~ ~ = !: msg/Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\CUPOrder ORDER OF CO'NDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 7 J-U-B ENGINEERS, INC. / CAROL PROFESSIONAL CENTER / CUP-OO-020 ( June 2, 2000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: See attached '0 ~ · 1;1) ,v rt ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at pubfic meetings shall become property of the City of Meridian. ... ......... ......=-.... ! ... ... ~ ...........P.... ......... ... ~ ...) ........... -. -... ~........ ....=-....... ... cc: KelU1Y Bowers, Fire C · f RECEIVED MAY 1 7 2000 CITY OF MERIDIAN To: William G. Berg, Jr. From: Subject: Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum "C") Date: May 15,2000 At some point in the past, the City paid for equipment and deferred the contribution that was due from the Rural District. The Rural District has now paid to the City that deferred contribution and the attached AddendulTI needs to be presented to the Council for approval, so that it Inay be attached to the appropriate agreement. . Since this is an agreement item it needs to be part of a Regular Agenda. I suggest that you put this on the agenda for June 6, 2000. Z:\Work\M\Meridian 1 5360M\Fire Dept\BergAddedC.Meu1 ( ( HFirst Addendum to Exhibit ~C' Joint Owned Property" The follovvi11g is an addendllm to that certain City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement, specifically Exhibit "e" therein attached, vvhich exhibit this is in addition thereto and reflects additional firefighting eqlliprnent and vehicles jointly owned and purchased sllbseqllent to the entering into the original agreement. Major Equipment: Description % of ovvnershi p City/ Rural Purchase Price OPTICOM OPTICOM Lights Siren SCBA 4.5 Other Equipment: Description Dodge 1 Ton Flat Bed Nozzles Lettering SCBA Box Hoses Brush Guard ToolBox Dodge I Ton Tools Hurst Ram Exten NozzleslBall Value Computer Date Purchased 50/50 50/50 50/50 50/50 5-98 7-98 6-98 9-98 8,580.00 4,290.00 3,142.07 3,569.00 % of ownership CitylRural Date Purchased Purchase Price 50/50 50/50 50/50 50/50 50/50 50/50 50/50 50/50 50/50 50/50 50/50 50/50 5-98 5-98 5-98 6-98 6-98 6-98 6-98 7-98 7-98 9-98 9-98 9-98 25,016.00 I ,300.00 735.03 233.88 250.00 43.28 859.03 149.00 135.50 559.57 I ,332.06 1,344.00 First Addendum to Exhibit "e" to the City of Meridian/Meridian Rural - Page 1 of 2 Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (' ( Ford Taurus 50/50 9-98 13,808.00 Radio/Siren/WigWag 50/50 9-98 2,205.10 Bubble cup nozzle 50/50 9-98 300.18 IT IS SO AGREED. DATED AND SIGNED this G ../~ dt{,')'Lfl-, , 2000. - day of CITY OF MERIDIAN .. .,# , . , ~. SEAL ~ By: ,,=- ~ tJ:: r~ () ~ City Clerl< '~4(, "qj 0 ~ BY COUNCIL RESOLUTION NO: 3f:,~1 r\::]rls\, ~~.f )"/1\ '-~OUN'~'l. \\" 4,.; J ~ " ME~D~HRiJRAL FIRE PROTECTION DISTRICT ATTEST: By: President ATTEST: By: Secreta!)' BY RESOLUTION NO: z:\ W ork\1v1\Meridian 15360 M\Fire Dept\AddendumExC First Addendum to Exhibit "C" to the City of Meridian/Meridian Rural - p'age 2 of 2 Fire Protection District Pirefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (- f. ( "First Addendum to Section 2 .14 "Additional Real Property" The following is an addendum to Section 2.2 of that certain agreement entitled City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement which exhibit is in addition thereto and reflects additional real property now jointly owned and purchased subsequent to the entering into the original agreement. Real Property Description (Station Lot Franldin): Purchase Price % ownership CitylRural Date Purchased 274,939.41 70% City / 30 % Rural 9-98/10-98 Legal Description: A parcel located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and containing Lot 17 of Blocl< 3 of the Meridian Business Parl< Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marl<.ing the southeasterly comer of said SE 1/4 of the SW 1/4 (one-quarter corner) from vvhich an aluminum cap monument marking the southvvesterly comer of said SE 1/4 of the SW 1/4 bears S 89020'30" 'IV a distance of 1118.76 feet; Thence S 89020'30rr W along the southerly boundary of said SE 1/4 of the SW 1/4 a distance of 37.92 feet to a point; Thence leaving said southerly boundary N 31 046' 19" W a distance of 166.58 feet to a 1/2 inch diameter iron pin marldng an angle point on the westerly boundary of said Lot 17; Thence N 0031 r II II E along the westerly boundary of said Lot 1 7 a distance of 245.09 feet to a V2 inch diameter iron pin marl<ing the northwesterly corner of said Lot 1 7 ; First Addendum to Section 2.14 "Additional Real Property" to the - Page 1 of 4 City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Povver Agreement ( ( Thence S 89047r03ff E along the northerly boundary of said Lot 17 a distance of 255.95 feet to a lfz inch diameter iron pin marlcing the northeasterly corner of said Lot 17; T11ence S 0031 r 11" W along the easterly boundary of said Lot I 7 a distance of 384.79 feet to a point on the southerly boundary of said SW 1/4 of the SE 1/4; Thence S 89046'06Jr W a distance of 129.05 feet to the POINT OF BEGINNING. This parcel contains 2.12 acres and is subject to any easement existing or in use. Real Property Description (Station Lot Ten Mile): Purchase Price % ownership City/Rural Date Purchased Was gifted to City of Meridian by the Owner. October 30, 1997 Legal Description: A parcel located in the SE 1/4 of the NE 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, and containing Lot 8 of Blocl( 1 0 of The Lal(e at Cherry Lane No.5 Subdivision on file in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marlcing the southeasterly corner of said SE 1/4 of the NE 1/4 (one-quarter corner) from which a 5/8 inch diameter iron pin marl<ing the northeasterly corner of said SE 1/4 of the NE 1/4 bears N 0024'341r E a distance of 1325.91 feet; Thence N 0024'34" E along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 170.00 feet to a point; Thence leaving said easterly boundary N 88055'29rr W a distance of 193.00 First Addendum to Section 2.14 "Additional Real Property" to the - Page 2 of 4 City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement /.~ f. (' feet to a 1/2 inch diameter iron pin marking the northvvesterly comer of said Lot 8; Thence S 0024'34" W along the westerly boundary of said Lot 8 a distance of 170.00 feet to a 1/2 inch diameter iron pin marl<.ing the southwesterly comer of said Lot 8, said point also being on the southerly boundary of said SE 1/4 of the NE 1/4; Thence S 88055r29rr E along said southerly boundary a distance of 193.00 feet to the POINT OF BEGINNING. This parcel contains 0.75 acres and is subject to any easements existing or in use. IT IS SO AGREED. DATED AND SIGNED this {/J- day of J~ , 2000. CITY OF MERIDIAN By: Mayor First Addendum to Section 2.14 "Additional Real Property" to the - Page 3 of 4 City of Meridian/Meridian Rural Fire Protectio11 District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (' ( MERIDIAN RURAL FIRE PROTECTION DISTRICT By: President ATTEST: By: Secretary BY RESOLUTION NO: Z:\Work\M\Meridian 15360M\Fire Dept\AddendumRealProperty First Addendum to Section 2.14 "Additional Real Property" to the - Page 4 of 4 City of Meridian/Meridian Rural Fire Protection"District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement ,/..- ( ( RESOLUTION NO. 32~ BY: ~f~ c~~czeJ/k-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, ADDENDUMS TO THE AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". 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 Addendums to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. 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 those certain Addendums to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF MERIDlAN/MERIDlAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE Resolution for Addendums to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 1 of 2 ( ( PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, day of d ~ , 2000. 61&- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Gt2=- dayof d~ ,2000. ATTEST: Resolution for Addendurns to the contract entitled: City of Meridian/Meridian Rural Fire Protection District Firefighting' and Life Preservation Service Contract and Joint Exercise of Power Agreement Page 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 Clerl( 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, Idahoe 2. That as the City Clerk of this City, I am the custodian of its records and minutes al1d do hereby certify that on the GJf: day of J~ ,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 AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, ADDENDUMS TO THE AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT". 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 Addendums to the agreement, with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTINGAND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", which is attached hereto marl<.ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. Certificate of Clerl( ( ( 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 those certain Addendums to the agreement with the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", a copy of which is attached hereto rnarl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \~\"U U1111 III ~~, '\ "'C; a. &c:- ' 'II ,,' --l V' lVII.:i ~.I~ ,*- ~~ ~ $"' a -.,.; .... f ill1\rn G. Berg, Jr. ~ SEAL $ ) ~?", ~! "fJ "-~ 8r\ '.0 i:: : sSi ~ ;~r 1<<t ~ ~;:j ) ~~ ~ .A'\~ _~~'! ~~. ~ ~. '"'YfJ'l . · ,\,\'~ . f'h ~lJ ".t4ltl'\~ b -- day of , in the year 2000, before me, r l~ ,a Notary Public in and for the State of Idaho, appeared WILL G. ERG, JR., lmown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. ....... .. U.. ..~\. %:.--...Q .. ~ 1tJ'((;J ...; "'0 T A.. .b ...... · . (SEAL) :~~?;~/ ~ ~(~~ ...\ ~ fI t1':4" ~~ d.,. ~ \N~ a en: j1!( ~ ~ .> II . ,~ I . o \ I _ - \ / 0 e. \ .A_ . "41 .. <P~'':'" UJj~\S:<>.O.. ...11iOFiP~.. -_11.._- STATE OF IDAHO, County of Ada, Z:\W ork\M\Meridian 15360 M\Fire Dept\CertofClerkLifePresI(] oin tPowerAgmt Certificate of Clerk ( interoffice MEMORANDUM ... ... :- ... ... ::: -: ... /:: ^ ^Yy/ / .-" ~ /y^ ~! : <^:v^ ^,~/Y:^;^,,/ //, /' ^ ^ ^ /y / v / From: Marlene St. Gear RECEIVED MAY 2 3 1000 CITY OF MERIDIAN To: . William G. Berg, Jr. Subject: Fire Dept. Life Preservation Service Contract Date: May 18,2000 Will: Please find attached the originals of the Resolution and Certificate of the Clerl( for the Addendums to the City of Meridian/Meridian Rural Fire Protection District Pirefighting and Life Preservation Service Contract and J oint Exercise of Power Agreement. As per our telephone conversation of today, I have also e-mailed these documents to Shelby. Thal11( you for your assistance Will, and if you need anythil1g further please let me know. lji ~ ~ I ilIL - ~ . u . d ~ Sit. r J ~ t~tv/J~ · T M. ~ -r c/\!!_dv~ L(C 6-6~(fU . -------- o {JVLt (ZLd n-. O-old-tj~~ ' ~ Z:\W ork\M\Meridian 1 5360M\Fire Dept\Berg051 800.Mem I.~'...'._.. ( interoffice MEMORANDUM ~^^' :, :; : ^ ~~ /~y^~,)/ :, y ~:^?~~^.::> ~:~~ ~/>y ^~^ l^ / ~ Y'y:- ^^~-:.- ....~, < ' ^ ^ ~ ^:: ~ y .., ^ '''-:)'" .., cc: Kenny Bowers, Fire C · f RECEIVED MAY 1 7 2000 CITY OF MERIDIAN To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (AddendlllTI "C") Date: May 15,2000 At some point in the past, the City paid for eqllipment and deferred the contribution that was due from the Rllral District. The Rural District has novv p~id to the City that deferred contribution and the attached Addendum needs to be presented to the Council for approval, so that it may be attached to the appropriate agreement. .Since this is an agreement ite · art of a Regular Agenda. I suggest that you put this on the agenda for ]u11e 6, 2000. ~f.......~ fJ-~P ~ z:\ W ork\lVl\Meridian 15360M\Fire Dept\BergAddedC.Men1 ( DELINQUENCY FOR TURN OFF SCHEDULED FOR 06/14/00 D~CE~TTG1D. llJ~ .JL v j~: JUN - 6 2000 CITY OF lVIERIDIAN MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7:30 P.M. Tuesday, June 6, 2000, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on June 14,2000, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $44,356.52. ( ( RECEIVED JUN - 6 2000 CITY OF lVfERIDIAN June 6, 2000 Mayor and City council: The billing department sent out delinquency notices to all customers that were 30 days or more past due this month as the first step to bring the department up to date with ordinance 9-1-21 which states "The City Clerk shall furnish each property owner on the first of each month of a statement of the amount due for water for the preceding month or up to the time that the meter has been read and for other charges relating to the water system; and if any owner neglects to pay the water bill by the tenth (10th) day of the month, or shall fail or refuse to pay the water bill in that time period, the water user's account shall be delinquent." Due to the large number of customers that are 30 days or more delinquent we will be doing turn off two days this month, June 14th and June 21 st. The attached list reflects all the delinquent accounts in books 1 through 32, which will be turned off on Wednesday June 14th. On June 20th you will receive the delinquent list for books 33 through 75 that will be turned off the following Wednesday on June 21 st. If you have any questions please contact Aly Cooke in the Billing Department. en -I ~ m (fJ z o -I C ::0 Z o " " 11 o ;0 -I I ~ $.: o Z -I I ( o 0 W W ~ > ~ ~ ~ ~ ~ > ~ ~ ~ C Z 0 nom m c c c c c c ~ ~ > m ~ moo ~ ~ ~ ~ ~ ~ I I Z Z ~ ~ ~ ~ z 0 < ~ o 0 ~ ~ c c ~ ~ m m F n ~ C m m 0 ro m m m W 00 ~ ~ ~ ~ ~ c > ~ ~ ~ m m ~ ~ ~ ~ ~ N ~ ~ > ~ ro ~ m ~ ~ ~ m m ~ ~ ~ ~ ~ ~ ~ ~ m m ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :T s: (--' ~ o --I )> r- Q) Q) Q) ---.J tv CJ1 CD -.......J co ~ ~ ~ 3H~ .....~. I --\. ~ ~ ~ co 01 Q) --.J ----J -....J u..> N ~ eN [~ ,~ :~.. -. .~ - - - ~, ~ '^ "":.., %? ~' l~ I ~-- :~. ~. : --~ :?f& %. "(7 ~ :w f!! ~. 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L, :i:G) (\ --I 1 s ~ ~ 3:~ c ~, L 111 ~ ,., c: ~ ~ ~ to ~ ,~ Q r- ~ ~~ ~ !'\ , -0 t ~ :b. 0_ .~ " t:J J: ~. t:J ~ :tJ m ~ \) rn )>0 l CI) V1 CI) ~ -., 22-n ~ Vu' cnm ~ w ~ -:;0 ""--' i ~ 0 Q- w ~ 2; ~ ~ ~ zc ~ . - z)> c cnZ ~ J: m -Om m ::tJ 0 -I ~ 0 --I o :g~ o~ (I),. g)~ o ::3 ~ ~ ~ .~ ~ Z 0 ~ ~ trJ =:d ~ S25 ~ C) t:j .. .". ~ ( · RECORDED ..( lUEST OF J.,OA" '. "NTY RECORDER MEA-IJ.Al\i "-'l]>.v J~ DAVID NAVARRO . . iV, BOJSE~ IDAHO FEE~~__f)EPUTY 2 CITY OF MERIDIAN DnD JH I 5 PH ,: 3 7 J 0 0 0 4 6 2 2 AMENDED ORDINANCE NO. 846 BY: COUNCIL MEMBER ~e(11L 6i~ AN ORDINANCE FINDING THAT CERTAlN 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 SAlD LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAlL AND SERVICE COMMERCIAL DISTRICT (C-G);AND DECLARING THAT SAlD 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 SAlD 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 ORDAlNED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: That the following described land is contiguous alld adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: All of Lot 12 of the Amended Magic View Subdivision and adjoining public right-of- · way located in the southeast quarter of the northeast quarter of Section 1 7 , Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter comer of said Section 17; thence NOo022'57.711 W, 104.66 feet alollg the easterly boundary of said Section 17 to the extension of the . southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on . the official plat thereof on file in the office of the Ada County Recorder, which is the REAL POINT OF BEGINNING: Thence S89037'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest comer of said Lot 12; AMENDED ANNEXATION AND ZONING ORDINANCE - 1 ( .. Thence NOo022'S7.7f1 W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest comer of said Lot 12; · Thence &N89037'02f1 E, 709.05 feet along the northerly boundary of said Lot 12 and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 17; Thence 500022'57.7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 5.031 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and, made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Melidian hereinabove described shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the r.M City of Meridian and the owner of the land described in Section 1 dated the :> " --- day of Otfv bey' , 1999. 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. AMENDED ANNEXATION AND ZONING ORDINANCE - 2 ( SECTION 8: The Clerl<. of the City of Meridian shall, within ten (I 0) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein 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 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 61'!. day of ~~ ,2000. /~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this t7 tZ- day of J~~ ,2000. STATE OF IDAHO,) : ss. 1111. 1/~ 4t~ ~ ~ ~. ':t 1 SEAL ::: :: ~~.. ;, j ~ qrJ ~ 1; ~ G,& "..0 S 1;:, OM'~ .,. 151 · ~ $ ~*/ "'7 ~,- " "',:,. ~. _~ ~ '\'V ,....' ;"-/,:" ,:- V{}N'"T'l 9 , ' , . '1/;.. \\\' . 1/ HHH n~~'" County of Ada. On this ~0 day of ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Imown to me to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instffilnent, and acl<11owledged to me that the City of Meridian executed the saine. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and x~~t~ ~~ve written. .~ ).!:.--~9....d +. ..~;"",O"" TA ~'~~ .~/~ -~~'\~.. .~/ ~ \ . :::til ~.A. *' \N: .enl Jill ~ .>. \. \, ,I : RESIDIN : 'ti!A' (D ...U>~'~1S~:i,o... MY COMMISSION EXPIRES: q-Jb~V ms&'Z:\Work\M\Meridian 1 ~.~ssional Ctr\AZ.ORD ......... (SEAL) AMENDED ANNEXATION AND ZONING ORDINANCE - 3 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J-U-B ENGINEERS, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.68 ACRES LOCATED AT THE WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND EAGLE ROAD FOR CAROL OFFICE COMPLEX FROM R-T TO L-O 05-22-00 ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OO-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 16,2000, at the hour of 7:30 o'clocl<. p.m., and Shari Stiles, Planning and Zoning Adlninistrator, appeared and testified, and appearing and testifying on behalf of J-U-B ENGINEERS, INC. was Nancy Taylor, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning al1d Zoning Commission on this matter, and the City COUI1Cil having duly considered the evidence and the record in this matter therefore mal(es the following Findil1gs of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX'/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Tudicial Notice: The Council may tal(e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code S 11-16-3. 2. The -City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67 -6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. 9 67-6525] [Meridian City Code S 11-16-1. ] Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. S 67-6511J. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code S 11-1-3. ] 5 . The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code 39 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L-O) Limited Office District which is defined as: [Meridian City Code S 11-7-2 G.] (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX-/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5.2 The uZoning Ordinance" provides for a ('Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code S 11-6-1.] 5.3 The ('Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code S 11-6-1.] 5.4 The ('Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code S 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code S 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( ( into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 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; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will he detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; 5.5. 1 o Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX./ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( ( 5.5 .11 Will not fesult in the destruction, loss Of damage of a natural or scenic feature of major importance; and 5 .5 .12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. Deve lop men t Conditions: 7. The City is authorized by I.C. S 67 -6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer mal<.e a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code S 11-15-12 and if the property is annexed and zoned Meridian City Code S 11- 16-4. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9 . The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Meridian City Code S 11-2-4 which pertains to development time schedules and FINDINGS' OF PACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( requiremen~s; Meridian City Code S 12-4-13, which pertains to the piping of ditches; and Meridian City Code g 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subj ect to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel(s prior to said public hearing scheduled for May 16, 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 that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 16, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX'/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67 -6511, and Meridian City Code ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordillance Establishing the Impact Area Boundary. 4. The property is approximately 6.68 acres in size. The property is located at the west side of Eagle Road between Fairview and Ustick Roads. The property is designated as Carol Professional Center, and described as follows: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.lE., B.M., Ada County, Idaho; thence South 00036'05" West along the Easterly boundary of said Section 5,2,611.52 feet to a point marldng the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89040'37" West, 143.00 feet to a point; FINDINGS OP PACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 /- t. thence North 00036'05" East, 50.00 feet to a point; thence North 89040'37" West, 105.00 feet to a point; thence North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00036'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 5. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 6. Applicant is IUB Engineers, Inc., of Boise, Idaho. 7 . The property is presently zoned by Ada County as Rural Transitional (R- T), and consists of vacant land. 8. 'The Applicant requests the property be zoned as Limited Office (L-O). 9. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 1 O. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11.. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DEClSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( ( Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: professional office complex. 13. _ The Applicant requests zoning of the subject real property as L-O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L-O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land-Use Chapter Policies 4.4U, 4.8U, 5.8,5.9,5.11, 5.14U, 5.15U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( Community Design Chapter Policies 1.3, 1.4, 2.1 U, 2.2U, 2.3U and 2.5U 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed as a condition of Staff review and approval of development perlnits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to-wit: Adopt the Planning and Zoning and Engineering Recommendations as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall he shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users , association, with written confirmation of said approval submitted to the . Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may he used for non-domestic purposes such as landscape irrigation. 16.3 Off-street parldng shall he provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS' OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 /"" ( ( 16.4 '. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 16. 7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. 16.8 Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-5-2. 16.9 . All construction shall conform to the requirements of the Americans with Disabilities Act. 16.1 0 A minimum 35-foot landscape buffer shall be required along the east property boundary and a minimum 20-foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 16.11 Applicant shall be required to dedicate all right-of-way for the future east-west collector street and the north-south cul-de-sac as required by ACHD prior to the issuance of any building permits. 16.12 A Development Agreement shall be required as a condition of annexation. 16.13 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX,/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 reimbursed for the total cost once the I<Ieiner property to the south develops. 16.14 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 16.15 The total proj ect has 8 7 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 17. . It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub- parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( ( uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 0 RD ER: 1. The applicant's request for annexation and zoning of approximately 6.68 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.68 acres. The legal description shall he prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re-zone and de-annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to-wit: 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B.l Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigatiorv'drainage district, or lateral users FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( aSSOcIatIon, with vvritten confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling' of any ditches crossing this proj ect. 3.B.2 Any existing domestic wells and/or septic systems within this project shall have to he removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parlGng shall he provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall he 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. 3.5.6 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 11-13-4C. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J-U-B ENGINEERS, INC. / AZ-OO-007 3.B.8 Provide five-foot-wide sidewall<s in accordance with City Ordinance Section 12-5-2. 3.B.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.I0A minimum 35-foot landscape buffer shall be required along the east property boundary and a minimum 20-foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 3.B.lIApplicant shall be required to dedicate all right-of-way for the future east-west collector street and the north-south cul-de-sac as required by ACHD prior to the issuance of any building permits. 3.B.12A Development Agreement shall be required as a condition of annexation. 3.B.13The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the I(leiner property to the south develops. 3.B.14That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. FINDINGS, OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( 3.B.15The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code S 11-7 -2 G). 5 . Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orl(s Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX./ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 ( ( NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Purs.uant to Idaho Code ~ 67-6521 an affected person is ....- a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the G~ day of J ~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED . COUNCILMAN I<EITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED t ,'-' COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 6' -6-00 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-00-007 ( l \ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl~ Department and the City Attorney. Dated: &,-6,-fJO By: City Clerl( msg/Z:\W ork\1v1\Meridian 1 5360M\Carol Office AZ CUP PP\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J-U-B ENGINEERS, INC. / AZ-OO-007 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 05-19-00 IN THE MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXIMATELY 76.24 ACRES ) FOR PROPOSED CROSSROADS ) SUBDIVISION LOCATED 1/4 ) MILE SOUTH OF FAIRVIEW ) AVE. ON THE EAST SIDE OF ) EAGLE ROAD, MERIDIAN, ) IDAHO ) ) CITY OF MERIDIAN, ) Applicant. ) ) Case No: RZ-OO-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 7 6.24 acres having come on for public hearing on May 16, 2000, at the hour of 7 :30 o'clock p.m., and Council having received the report of Brad-Hawkins Clark, Assistant Planner for the Planning and Zoning Department, and Ray Yehle, President of the Crossroads Homeowner's Association, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - I ( of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for May 16, 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 t~e property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 16,2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express COlnments a11d submit evidence. 2. There has be~n compliance with all notice and hearing requirements set forth in Idaho Code Ss 67-6509 and 67 -6511, and Meridian City Code Ss 11-15-5 and 11-16-1. 3. The City Cou11cil takes judicial notice of its zoning, subdivisiol1s and development ordinances codified at Meridian City Code Title 11 and Title 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISioN AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 2 { ( and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7 6.24 acres in size. The property is generally located 1/4 mile south of Fairview Ave. on the east side of Eagle Road, in Meridian, and is described as follows: A parcel located in the NW 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Idaho, and being a portion of Crossroads Subdivision No.1 and all of Crossroads Subdivision No.'s 2,3,4,5,6, and 7 as shown in the office of the Recorder, Ada County, Idaho, more , particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said NW 114 ( one-quarter corner), from which a brass cap · monument marl<ing the northwesterly comer of said NW1/4 (section comer) bears N 1008'10" E a distance of 2649.45 feet; Thence N 1 008' 1 on E along the westerly boundary of said NW 1/4 a distance of 45.0 1 feet to a point; Thence leaving said westerly boundary S 89021'14" E a distance of · 729.77 feet to a 5/8 inch diameter iron pin marldng the southwesterly corner of said Crossroads Subdivision No.2 and the POINT OF BEGINNING; Thence continuing S 89021'14" E along the southerly boundary of said Crossroads Subdivision No.2 a distance of 1173.09 to a 5/8 inch diameter iron pin marldng the southeasterly corner of said Crossroads Subdivision No.2; Thence N 24013'11" E along the easterly boundary of said Crossroads Subdivision No.2 a distance of 0.85 feet to a 5/8 inch diameter iron pin marl<ing the southwesterly corner of said Crossroads Subdivision No.7; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 3 ( Thence S 89020'42" E along the southerly boundary of said Crossroads Subdivision No.7 a distance of 771.53 feet to a 5/8 inch diameter iron pin marlcing the southeasterly corner of said Crossroads Subdivision No. 7. , Thence N 0048'14" E along the easterly boundaries of said Crossroads Subdivision No.'s 6 and 7 a distance of 1724.65 feet to a 5/8 inch diameter iron pin marl<ing the northeasterly comer of said Crossroads Subdivision No.6; Thence N 89035'3211 W along the northerly boundaries of said Crossroads Subdivision No.'s 4, 5 and 6 a distance of 1647.18 feet to a 5/8 inch diameter iron pin marl<ing an angle point in the boundary of said Crossroads Subdivision No.4; Thence S 1 008'1311 W along the boundary of said Crossroads Subdivision No.4 a distance of 62.50 feet to a 5/8 inch diameter iron pIn; Thence N 88051 '4711 W along the boundary of said Crossroads Subdivision No.4 a distance of 287.81 feet to a 5/8 inch diameter iron pin marking the northwesterly comer of said Crossroads Subdivision No.4; Thence S 1008'13" W along the westerly boundaries of said Crossroads Subdivision No.'s 1,2 and 4 a distance of 1658.48 feet to the POINT OF BEGINNING. This parcel contains 76.24 acres. 5. The owners of record of the subject property are various. 6. The Applicant is City of Meridian, Idaho. 7. The property is presently zoned as Light Industrial (I-L), and is being developed as a residential subdivision. 8. The Applicant requests the property be rezoned to Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 4 ( Residential (R-4). The City is requesting the rezone to "clean up" the zoning map and bring the zoning more into line with a residential development. 9. The subject property is within city limits of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 11. The Applicant's requested rezoning of the subject real property as R-4 is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 12. There are no significant or scenic features of major importance that affect the consideration of this application. 13. The subject application for rezone and the proposed development relates and is compatible to the policies of the Comprehensive Plan of the City as follows: Land Use Chapter 13.1 The City of Meridian intends to plan for periodic review, monitoring and updating of land uses within the Area of Impact and the Urban Service Planning Area. 14. In review of the application for rezone it is provided at Meridian City Code 9 lI-IS-lIfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 5 finds that: 14.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 14.2 The area included in the zoning amendment is not intended to be rezoned in the future; 14.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended charactef of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 14.4 The proposed use will not be hazardous Of disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 14.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 14.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not he detrimental to the economic welfare of the community; 14.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol<.e, fumes, glare or odors; 14. 8 The area will have vehicular approaches to the property which shall he so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 6 14. 9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 14.1 0 The proposed zoning will be in the best interest of the City of Meridian. CONCLUSIONS OF LAW 1. The Council may talce judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by ClLocal Land Use Planning Act of 1975", codified at Chapter 65, Title 6 7, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following is found to be a pertinent provision of the City of Meridian Comprehensive Plan and is applicable to this Application: 3.1 The City of Meridian intends to plan for periodic review, monitoring and updating of land uses within the Area of Impact and the Urban Service Planning Area. 4. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is lil(ely to occur in accord with the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 7 Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the Ci ty. , 5. Idaho Code 9 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can he amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code 9 67 -6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer mal<.e a written commitment concerning the use or development of the subject parcel. The governing . board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. ' 7 . The City of Meridian by the adoption of Meridian City Code 9 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 8. S 11-6-1 ZONING DISTRICT MAP provides in part as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 8 follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall he deemed to be located in the middle of the main tracl(s of said railroad line. 9. S 11-15-11ofthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will he harmonious with and in accordance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7 6.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 9 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 9.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 9.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 9 . 6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 9.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 9.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9 . 9 The proposed uses will not involve uses , activities, processes, materials, equipment 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; 9 .1 0 The area will have vehicular approaches to the property which shall he so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) - 10 ( 9 .12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 7 6.24 acres to "clean up" the zoning map and bring the zoning into line with a residential development is granted. 2. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (R-4) Low Density Residential District (Meridian City Code 9 11-7 -2 C) which ordinance shall be considered for passage. 3. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public W orl<s Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code g 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF. MERIDIAN/(RZ-OO-002) - II 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 the rezoning may, within twenty-eight (28) days after the date of this decision and order, seel<. a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on [; r..1: ~ d ~, 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED ~ COUNCIL PERSON TAMMY deWEERD VOTED A-- COUNCIL PERSON CHERIE McCANDLESS VOTED v~. MAYOR ROBERT CORRIE (TIE BREAI<ER) DATED: 6'-[; -{)O VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) .. 12 ! ( ( MOTION: APPROVED: ( DISAPPROVED: Copy served upon Applicant, the Planning and Zonipg Department, Public Works Department and the City Attorney. By: City Cleric Dated: msglZ:\ W ork\M\Meridian 153 60M\CrossroadsSubRZtoR 4\FfsCIsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 76.24 ACRES FROM I-L TO R-4 BY: CITY OF MERIDIAN/(RZ-OO-002) .. 13 ~ ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF COLE / ) ASSOCIATES ARCHITECTS, P.A., ) FORA VARIANCE IN THE ) PARICING REQUIREMENTS ) ALLOWING NO OFF-STREET ) PARIGNG FOR GENERATIONS ) PARI( PLAZA II LOCATED AT ) EAST I ST STREET AND PINE ) AVENUE, MERIDIAN, IDAHO 05-18-00 V AR-OO-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly fOf public hearing befofe the City Council on May 16, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Stan Cole, and appearing and testifying with concerns or comments was Susan Wishney, and two letters were receive.d: one with COlnments and the other letter in opposition to the project, and which two letters are attached hereto as Exhibit uA" and consisting of two pages, 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 Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -~ Page 1 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II ( FINDINGS OF FACT 1. The City Council talces judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof aI1d the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code sS 6 7 -6509, 6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Cole / Associates Architects, P.A., whose address is 960 Broadway, Suite 240, Boise, Idaho 83706. 4. The owner of the property is Stewart Laney Benoit, whose address is 910 Main Street, Suite 240, Boise, Idaho 83702 5. The location of the subject property is located in Old Town at East 1 st Street and Pine Avenue, 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: Lot 17, 18, 19, and 20 in Block 5 of Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Bool<- 1 of Plats at Page 50, records of Ada County, Idaho, together with that part of vacated East Pine Avenue adjacent as shown in Ordinance 872, City of Meridian, Idaho. 7. The present land use of subject property is presently zoned as (O-T) Old FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P .A. / GENERATIONS PARK PLAZA II Town District which has been used as retail, but the property is presently being used as an auto service station in need of repair. 8. The proposed land use of subject property is to develop the subject property in the following manner: First Floor-Retail and Second Floor-Offices. 9. That a vicinity map, attached hereto as Exhibit "B", consisting of six pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 1 o. The Applicant seelcs a variance of the following provision of the Meridian City Code, S 11-13-5 B. 5., SCHEDULE OF PARI<ING SPACE REQUIREMENTS; RECREATION OR ENTERTAINMENT and in the O-T zone, which provides as follows: 11-13-5 B. 5. RECREATION OR ENTERTAINMENT: TYPE OF USE PARIGNG SPACE REQUIRED Bowling alleys 4 for each alley or lane plus 1 additional space for each 100 sq. ft. of the area used for restaurant, cocktail lounge or similar use Outdoor swimming pools, public or community or club a) 1 for each 5 persons capacity plus 1 for each 4 seats b) 1 for each 30 sq. ft. floor area used for seating purposes; or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11 ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II ( ( c) The greater of the above 2 options Restaurants, nightclubs, cocl(tail lounges, and taverns 1 for each 200 sq. ft. of floor area Sl(ating rinl(S (ice or roller slQlting) 1 for each 5 seats 11. 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 list on file with the Planning and Zoning Department. 12. · The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the proposed site cannot hold both the building and the parking required. Replacing a dilapidated service station with a building that has the udowntown" scale inherently will create a greater parldng delnand than the existing use. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requireme11t of 35 spaces: 1 :200 for retail and 1 :400 for office parking. As proposed, the Applicant has 19 off- street parl<ing spaces and is short by 16 parking spaces. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that if the City of Meridian were to require the minimum off-street parldng standards the building could only be 112 its current proposed size, (9,533 V.S.F. to 5,000 D.S.F) This would mal(e a two story FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II ....~_r~.. ... / t. building very inefficient, so a one story retail building of 3,800 V.S.F. would be the only logical direction, which the owner feels is not a desirable option for the expense. 15 . The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are that this project would encourage a high density urban downtown that is pedestrian orientated and not sprawling. The parldng ordinance does not encourage this ldnd of city scape. 16. The special conditions and circumstances that exist are that the property is bordered by a city parle and contains limited parldng facilities. 17. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because many of the downtown businesses in the area have less than the required parldng spaces. 18. The existence of special circumstances or conditions affecting the property is that the limited property sizes in the downtown area make it difficult to provide parking, which is not the fault of the property owners. 19 . Granting the variance would maintain rights which would be afforded to others in the same situation. 20. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II ( establish a truly urban city center, but adequate parking and traffic flow is a concern. 21. The variance would allow the owner to maximize the potential site in order to generate a fair return on investment and to offset the cost of the land and development costs. The proposed building responds to urban design standards by providing a mixed use development with pedestrian orientated features. 22. 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 purpos~ 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 Land Use Planning Act of 197 5 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 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 S 11- 18-3, include fequired findings that there are special circumstances Of 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 conditio11S or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-13-5 B. 5., SCHEDULE OF PARIGNG SPACE REQUIREMENTS; RECREATION OR ENTERTAINMENT in the 0- T zone provides as follows: 11-13-5 B. 5. RECREATION OR ENTERTAINMENT: TYPE OF USE PARIGNG SPACE REQUIRED Bowling alleys 4 for each alley or lane plus 1 additional space for each 100 sq. ft. of the area used for restaurant, cocktail lounge or similar use Outdoor swimming pools, public or community or club a) 1 for each 5 persons capacity plus 1 for each 4 seats b) 1 for each 30 sq. ft. floor area used for seating purposes; or c) The greater of the above 2 options Restaurants, nightclubs, cocktail lounges, and taverns 1 for each 200 sq. ft. of floor area Skating rinks (ice or roller slcating) 1 for each 5 seats FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II (~ ( 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 off-street parldng space requirements for Generations Parle Plaza II in Old Town, but shall have a minimum of 19 off-street parking spaces. 2. This variance is conditioned upon and subject to comments of the ACHD as follows: 2.1 . The ACHD does not have any site improvement requirements presently. If the Site Plan is changed, then ACHD shall require the Commission's review. Additionally, all future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCIDTECTS. P.A. / GENERATIONS PARK PLAZA II NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 6 7 -65 21 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 Schedule of Parldng Space Requireluents; Recreation or Entertainment in the 0- T Zone as provided in the Section 11-13-5 B. 5. and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6 ~ day of J~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED v'- COUNCILMAN I<EITH BIRD VOTED ~ COUNCILPERSON TAMMY deWEERD VOTED U L.- COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 6-6 -&0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 0 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II /r" . ( MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.s Department, and the City Attorney office. Dated: 6 -6 --tltJ SEAL. ~~ ~ ~ ,.. <t. Q>O ~ ~:""I'o "(IS, 1S"\ · '\ ~.p $ , ~;,. '^1 ' ~ ~ $" ~." a ~t- " /1/ OlJN"'~~ -~ -,,~ .t; JII ~, \,\\..... "l; ~l ft-HH,H\\ msg/Z:\Work\M\1vIeridial1 15360M\Generations Plaza V AR\FfClsGrantGenPlazlIaV AR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008 COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II ,u , ( -Jean Mayes Insurance PO Box 300/ 118 E Idaho Ave Meridian Idaho 83680 (208)888-3321 FAX(208)888-3378 ECEIVE M,qY 022000 C.ity of .l\-Ieridian CIty Clerk Office May 1, 2000 ./~( C V1t\-e ~ h-Y\j 5 - L- 00 -r+-Q Vlt1 #= 0 4 =r City Cou n eil City OF Meridian Clerks Office Meridian Idaho RE: Public Hearing review and Consideration for a Reduction in the parking Requirements for Generation Park Plaza II to be held 5-2-2000 at 7:30 PM Since I am a land owner of an Adjacent Property to the Project above, I do have some great concerns with any allowance of this Variance/ and I am unable to attend, I ask to accept my written comments. With the Addition of this Building and the Second Building in this Project at East First and Idaho and East First and Pine. With the addition of Restaurants and offices, which will Generate More Parking Requirements for the Old Town Area. The,Area now is basically OUT of Parking For Employees as well as Customers that Would Frequent these New Businesses along with the Restaurants."" . Some way there needs to be an additional amount of Parking for these Projectl it does look as if they are to add 12 more space in the second Project at East First and Pine, but 12 More spaces WILL NQT allow as much parking is needed for these project, either one of them. ". Therefore" I ask that you decline the Variance and make the developers find some additional Parking the Same Area that will be available for all employee and occupan~ as well as customers for this Project EXHIBIT "A" ~~ .L U .. ....." J r ~ ~ 1 I I ur I I~"! V .1 HI-'" ~'::.JO 004 4~JJ I U I-.CUHL Ut:..JH~ I 1- n=.N I ~. Ul/~Ul j~~ c./~ 'S-1&-tJi) ~ ( ( NORTffiV'L_~T PROPERTY J\,fANAGElVlliNTt INC. t/C In I RECfJ MAY 1 6 2000 an Of 'J' ~ · ~ t May 16, 2000 g- City of Meridian City Council 33 ,E. Idaho A venue Meridi~, ill 83642 RE: Application for reduction of parking requirements for Generations Park Plaza II V AR 00-008. Dear City Council Members: My firm is the property manager for a building located on the corner of 2nd Street and East Pine Street in Meridian. My clients) Lloyd and Betty Gerber have requested that I address the application filed for a reduction of parking requirements for Park Plaza, located on 1 st Street and East Pine Street. The property I manage for the Gerbers is a mixed-use building with two commercial tenants and four apartments.. While there is off street parking provided for the tenants at this property~ patrons and guests often times have to seek street parking. During normal business hours, there is a dearth of available street parking as the neighboring business and residences absorb the parking spaces.. If Generations Park Plaza II receives approval for their application, the current shortage of parking will be acerbated. Our proposed solution to this problem is to post one or two-hour parking limits on the street. If this control were implemented, my client would have no objection to the Application. Very truly yours, ,.... Susan B. Wishney 601 West l-kys Street, Suite 11 Post Office Bo~ 7031, Boise Idaho 83707-1031 (20B) 336.0361 (208) 334-2442 facsimile EXHIBIT "A" ** TOTAL PAGE.01 ** . ..<~~~iJ~ft; . ( ( "t( - t(f t~)... 'IIIU -II( t ..., J MI r. _ --...0. 0&1' r 111" ... )11'1'........... ~ ~ mlVA IB8NTI 2J en -H rb z tp en ~ :D m 8..lJ:ft:JVH >fNB SONVSSrYd EXHIBIT " @11~!B\1I nn nC~ n10 · ~~j~\gI\r~~~~dJ '0 "V 'd 'Ser8!:)osse f alO:> NjV18 TEH8 A VMOVOl:l8 >INV8 ~ aNY lUJ3rG:IV:I TM-I Al.J:) - 133HlS-0HVQI-.lS3M - ~ 3S~ H:HlHO N'f1BH1.lll l:331:J1.S-3NJd 3Ol::l::fO ~NI I 1 OF 6 / - - ----- -----------------.{ ---------------- ------- (, _----j....., __ PINE STREET ~:I /'" .-'~---- ~-~~l~~~__ , r'J\'k _ _ _ _ _ ~ _ __~" _ _ _ ~~l :i!'l> ~ ~ ~~.~~~,~"""'i5.."J~--:6;'l~ -.;!I'!'l -.. · ,*"+- -. ~~ ;..t;1t~?~~~1 .. ~.t'" ~ ..~~~ T g;11f~ /;~ " ~11:t~~~'i~~~~J&Tr'~.:T~~n~-~*~6~... 6; "~~~. g . :1; ;S~~..' ~w~1f{f\\ - ',I 'r:~~' T · .~~I~'9.?:_~Y.l~~~~~9c~:n:'E'.E~"W~_ - ':..o.r'2~..,.;.: I 'Q_<;?~~~.._~::,," !-i~,., ~~~\ ~(\O r--~-~l'~;~r~~lil.IL~..~~,D-lll~-~ 4,{l- 01 1 II ",df I I Il!21 I li~ 1,.j"8"~I-r-hh.. _ . _ -.-.f.---.J.--.: _'_ .~ __ _ ! 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' ~ ~~~~~:~:~;~\\{~I:-/ (~:i~~~tt4~i~?t~~tt&~'~]::. ~.:;.. .:.. I~ ..."!"~nir, "'7 j,.~ r !.. .~{:+.....- ~ ......~....1 ~r ~.."':......,I:-......:..... "1:"~'!"'.,,~, J~" · .. ~r. 1-1 ~:r....y I ! . ~. ~ ! ~ ~. _ lj \ .:~'.~,~~ :Q 'I&r.~"" t'~' If :.. Ic1 i ll'l ~ ~~ - - "- 7. _-0:-.: I ~ ~ j' g - ~;:":~i.f;~~ o'.~ ~;~" ~: I GENEFfJ ~fO~S ~li ",_ ,_ · ...r. ..~ I' ....~, l ~.6I3ft~. ooc ~ I ~~~ I~ ~' I ~ ~I I · ZI." .. I '~~r i ~ It' z ---.1 . I '1 I l ,.. l" : Ix ~ - ~ ~'J I ..~ ~ H~ ~ '-~ - - ~ '"[ I ~t. j I~ ' X ~ ~ /f. ~ I ~E ' 10 - ,,~ - , .1 IU ~~g"'':'H ~! ~~ J ~ ~ ~ ~ --~ - '1' ;;...;t } ~~ I .1 W ~ i 18 ... (.sr 10.-0 ',,"u r .; "I~ t--.. ~ l~I!ll ~ : I V,I .It... ~. MOl:- "-"'J:ooG ~ ~" ~;~ .... - , :~~~i.~-;?~:~, /1 I.~~ht? ~~~ ~" ~ ~ n H tw~~Hr : L.<<j/A&' -, J:.~EEi \~h .\.~'~ ....:~.. .~~ ~.~ t ~ .1- :::-~....._ "- '01 AT I ~ -L1M · ..:. . . ).-';;:1. '...... ,. ...~-= ". , _ _ "'~'''''''''''''' ,.."~,,, "H _.::'\.... I Ilt~~fr7~ I ~L .j~"~~F/f, 1~~rf !bjf}ll~~- :-1-.-~~t -I t I f II - ~ R -,; ~ [Jmg:n.. 1:tJ'O'Ui :':iqlfrmrml1'lH!1Uf;lllu:mtawn >- lit :,. ~ 4.1V'R~ - I-I I kl~ 'P~ b: I r4 G I ~ ,~ T i t- W W a: J- (f) ~ . ?- St] I- U) <( W cole I associates. P ~81~~~~~@j BIT ~jA\9~~JJ.fA~K PLAZA 1 AND II 1:10- ~ ~....... ~ .. ..... ,... ICIIL. u.... t~ ),JI-'" ... (M1 JJ.I.. U" f'{)"" 0 0 0 If ~~ I 0 I I [ ............~ - ~)~V.}~ 0 ~/.j //l. /1 /' ). // I /~.- /1/ , f i o I ~ Y': 1~ i l~ -L~ I t-- ..... g <1- - c:> 0 tL -B-EC-o C'.I w co ~ ~ c::::l LL W ~ O-J ::E >- U t:~ U(3 ( PAJSSANOS l'",""",,,,,,,'J ~""'"'\J ~"""""',"""""""',~ PINE-STREET ~""""""""""""""~ WTHERAN CHURCH LOOOE ~""""'~ ~ WEST-IDAH0-S-TREET l""'~"""'1 ~ ~"""""""""""""',~ CfTY HALL BANK FARMERS AND t.~EACHANT BANK ~" " " " " " " " " " , " '- " ". BROADWAY ~""""""""""""""'I ~""""""""""""""~ SHElL ST A TJON -~ UA48ER YARD cole I associa tes, P. A fk (] 11.. {lr @l [f (:Q; lf~! 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",..;,,;,:......~i :~ iT l J - ~~X:M~z-:~<<~.:~.. ~~.. e- - - ~ ~~7:\lU ,.- -- :-- ~u 'i~ e -.- f1j W Cl:ll ~~ ~~ ( @~ ~ ~g Q. m.oo ~~ A ~ 0 r::=:::1 g~ ~g Q) 6 0 ffi u z 0 ~~ > ~ ~~ (!)----- ~ Z -- 0 ...J -- :J a1 <( N <( ...J a. ~ a: <( a. w z 0 -- r- <( a: LU Z z LU 0 CJ ~ ~ > ~ ~ ~ z o ~ W ...J W ( 9 dO 9 tI8Vd "i" lIHIHXa 6 ~ 9 o z o i= <{ > W ...J W I ~ I- . gj ( (2)~ c8=:=9 ! ~ g~ Q . ~ r(jl~ ~ U) ~_ 2 c8=:=9 ~ .~ 0 c::=:J · <..) '-:::::::J i ~ cL.s ! (f) r? ~ .. co ~ ~ -;6 i 8 ~~ I ] ~ 1 I i w , z ! ! i j 0ffi I! ! ~ ;; ~ : : ! ! J. ~:i~i I ! ~ 3 l C/) !;~t! ~ 0@@]00 o z >- w ~ ~ ~ :i J ~ J ~ ! i ! d i I II ~ ~I!:i a t ~ .~ ~ d - ~A i~ i i ! G B EJ~J[~ r i I .. ~ · j 1 - ; ;!! -I ; , 2 ~, ~ I ~ ~ ! it I.. ~ J ~ ~ y~ ! ElBB G G I , ( ( BEFORE THE MERIDIAN CITY COUNCIL 06-08-00 IN THE MAlTER OF THE ) APPLICATION OF PROJECTS ) WEST, INC. FOR APPROVAL OF ) FINAL PLAT FOR ENGLISH ) GARDENS SUBDIVISIONS NO.1) AND 2, LOCATED AT THE ) SOUTHEAST CORNER OF ) BLACI( CAT AND CHERRY ) LANE, MERIDIAN, IDAHO ) ) ) CASE NO. FP-OO-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on June 6, 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, Assistant to City Engineer, listing 9 General Comments and 22 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Admi11istratof, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council tal(es the following action: ORDER OF. CONDITIONAL AFPROV AL OF FINAL PLAT FOR ENGLISH GARDENS SUBDIVISIONS NO.1 AND 2 (FP-OO-007) - 1 ( ( . ~:.....- IT IS HEREBY ORDERED THAT: 1. The Final Plat of "ENGLISH GARDENS SUBDMSION NO.1" as evidenced in Plat bearing the date 03-28-00, Drawn By: DG, Checlced By: J.G. Carpenter, P.E., Project No. C996017, Sheet 3 - 3B, PINNACLE ENGINEERS, INC., Consulting Engineers, PROJECTS WEST, Developer, and the Final Plat of "ENGLISH GARDENS SUBDMSION NO.2" as evidenced in Plat bearing the date 03-28-00, Drawn By: DG, Checlced By: J.G. Carpenter, P.E., Project No. C996017, Sheet 3C - 3E, PINNACLE ENGINEERS, INC., Consulting Engineers, Inc., PROJECTS WEST, 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, Assistant to the City Engineer, and Shari Stiles, - Planning and Zoning Administrator, dated June 6, 2000, listing 9 General Comments and 22 Site Specific Comments, a true and correct copy of . which is attached hereto marl(ed Exhibit "A", and consisting of five pages, , and by this reference incorporated herein, and also incorporating the comments baclc from Pinnacle Engineers, Inc., on behalf Projects West, Inc., in their letter dated June 6, 2000, a true and correct copy of which is attached hereto marlced Exhibit "B", and consisting of two pages, and by ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ENGLISH GARDENS SUBDIVISIONS NO. 1 AND 2 (FP-OO-007) - 2 this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Fire Chief, I(enny Bowers, requires that all codes will need to be met; that streets, street name signs, and hydrants will need to be installed before building is started; that all common lots will need to be l(ept clear of trash and weeds; and that there will be no parlctng of vehicles, equipment or trailers in the cul-de-sacs. 1.2 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for their review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review the drainage plans. The developer must comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. 2. · The final plat upon which there is contained the Certification and signature of the City Clerl( and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and ORDER OF' CONDITIONAL AFPROV AL OF FINAL PLAT FOR ENGLISH GARDENS SUBDIVISIONS NO. 1 AND 2 (FP-00-007) - 3 ( ( 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. By action of the City Council at its regular meeting held on June 6, 2000. By: RO ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, the Public W orlcs Department: and the City Attorney. Dated: f -6~pl) \\\\\HIHfll!II' \\\ c~JJ~ ~ ///l . ,,\ O'r El:H::{-"," Ir I J ....~ ..r. ,to <..-z'.-"\ ; .<~, ~;.' ..~~. '. ~~"J ~~ ~ (j - 0r::1_90P~1 f; -, t/ ".r;~ $ ~J' ~o :::: ~ ~~ -:- 2'-- ~ P: ~~ Ii.L (" ..n. y ... c' ~~ . "'- By:. City ClerIc msg\Z:\ W ork\M\Meridian 15360M\English Gardens PPlat\OrderFP ORDER OF. CONDITIONAL APPROVAL OF FINAL PLAT FOR ENGL~SH GARDENS SUBDIVISIONS NO. 1 AND 2 (FP-OO-007) - 4 ,/ ~~... rr..JUfl ud uu U.l.; ~ Op i--'" lrlnaC it: ~(lg 1 neer S, 1. nc. ~Ud-dd l-' tel p.2 ( .~ MAYOR Robert D A Come HUB Of" TREASURE VALLEY A Good Place to Live CITY OF ME IAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 88&-421 g LEGAL DEPARTMENT (208) 288-2499 4 Fax 288.2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy de Weerd Cherie MCC3.11dlcss PUBLIC WORKS BUILDING DEPARTh1ENT (lO8) 887...221 J · Fax 887~ 1297 PLANNING AND ZONING D EPARTMEN11t (208) 884.5533 · Fax 888-6854 MEMORANDUM: June 6, 2000 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckteton, Assistant to City E Shari Stiles, P&Z Administrator Re: ENGLISH GARDENS SUBDMSIONS NOS. 1 and 2 - Request for Final Plat Approval for 101 Single-family Residential Building Lots on 31.94 Acres by Projects West We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions sban be considered in Cull, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC REQUIREMENTS: 1. Final plats are subject to all conditions of preliminary plat. 2. The preliminary plat was approved with a greenbelt pathway and landscaping shown within the Ten Mile Drain area. Applicant is to make commitment as part of the fmal plat approval for construction of the pathway within the Ten Mile Drain. Plans shall be coordinated with the Meridian Parks Director~ Western Ada Recreation District and all appropriate approval agencies. 3. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development.. Applicant win 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. This plat is subject to Black Cat tnmk line extension fees. 4. 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. En~ishGsrdcs1sNo I.F P.doc FP~ Eh,~h,r #1} It ~Ull LJd UU u J.. .; 1. Op I 1 J' n a C .L c c. n G 1 n 8 t: (~ S , .L {1 C . CUd-Cd I~ - { 'OJ,. p.w .~ Mayor and City COWlcil June 6, 2000 Page 2 5. Lot frontage must be at least 80 feet or a symbol added to indicate which direction the house needs to face.. The symbol for Lot 2, Block 13 (English Gardens Subdivision No. 2) may be removed, as the lot meets frontage requirements on both sides. Although Lot 2, Block l, and Lots 2 and 8, Block 3 (English Gardens Subdivision No.1) do not have adequate frontage on W. Aspen Creek Court, staff recommends that the frontage be designated along W. Aspen Creek Court and that no direct lot access to N. Wales Avenue or N. Gol.fview Way be permitted for the referenced lots. 6. The reference to "P.U.D.I." shall be shown on the legend and spelled out as "Public Utilities, Drainage and Irrigation". 7. On the final plat for English Gardens Subdivision No. 1~ combine Lots 9 and I 0, Block 1. 8. On the final plats for English Gardens Subdivisions Nos. I and 2, delete Notes 5, 6 and 7 in their entirety.. 9. On the final plat for English Gardens Subdivision No.. l~ modify or revise the following notes: (9) [Add language to shOll' that maintenance of Lot 2, Block 7, will be the responsibility of the Homeowners Association; although owned by Nampa-Meridian Irrigation District for the purpose of housing an irrigation pump station, Nampa- Meridian does not ordinarily provide maintenance to ensure an aesthetically pleasing area.] (10) Lot~ I and 2, Block 1; Lot too Block 2: Lot 1.. Block 3: Lot 1.. Block 4~ Lot 1, Block 7; Lot 1 ~ Block 8: and Lot 1, Block 9; are landscape lots and are owned and maintained by the Homeowners Assocation. (11) Lot 9, Block 1~ is reserved as an ACHD stonn drainage and pedc3trian ingress/egress easement and is to be maintained by the Homeowners Association as--set forth m the ,AJtioles of Incorporation and the Declaration I~tnHnent ~k>.. . [Revise this note with language acceptable to the Ada County Highway District regarding heavy- versus light-duty maintenance responsibilities of all storm drainage easement areas.] NOTE TO APPLICANT: Lot 9, Block 1, is only to be used as common landscaped/open space area and for street drainage. Use of this lot for storage or any other use is specifically prohibited. 10.. On the fmal plat for English Gardens Subdivision No.. 2, combine Lots 9 and 19, Block II. 11. On the final plat for English Gardens Subdivision No.2, modify or revise the following notes: EnsJ~ol FP~doc fP~7 E~ht~h/~f 'A If ~un Utj uu Ul.~ldp rlnnacle fnglneers, inc. ( 2 0 8 - 8 ~ .7 - . 7 ~7 8 1 ( p.4 .j~. .~ Mayor and City Council June 6) 2000 Page 3 (9) Lot 9, Block 11; Lot I" Block 14: and Lot I, Block 15, are landscape lots and are owned and maintained by the English Gardens Homeowners Assocation. (II) Lot -1-9, Block 11, is reserved as an ACHD storm drainage and pedestrian ingress/egress easement and is to be maintained by the Homeowners 1\.ssociation as-set fOrth in the Artieles of Incorporation Sfld the Declaration Instrument rIa. · [Revise this note "With language acceptable to the Ada County Highway District regarding heavy- versus light-duty maintenance responsibilities of all storm drainage easement areas.] NOTE TO APPLICANT: Lot 19, Block 11, Is only to be used as common landscaped/open space area and for street drainage.. Use of this lot for storage or any other.use is specifically prohibited. 12.. Describe extra pin shown along the east boundary of Lot 7, Block 1 0, English Gardens Subdivision No. l~ 13.. Prior to City of Meridian signature on the Final Plat map, detailed landscape plans for common areas, fencing, and pathways must be reviewed and approved by the Planning and Zoning Department. 14. The applicant has iDdicated that Nampa-Meridian Irrigation District will own and operate the pressurized irrigation system. 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 utilizetL 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. 15.. Permanent non-combustible fencing is to be installed along the northerly and southerly boundaries ofTen Mile Creek. Because Ten Mile Creek is to be developed as a muhiple- use pathway, visual appearance is important, and special consideration for fencing type need~ to be given. 16.. Construct six-foot-high, permanent, perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 17.. Street signs are to be in place. water system shall be approved and activated? pressurized irrigation system approved and activated, road base approved by tile Ada County Highway District, and perimeter fencing is to be in place prior to any building pernlits being issued. Landscaping and pedestrian walkways shall be in~talled prior to obtaining certificates of occupancy.. 18.. Graphically depict IO-foot-wide public utilities, drainage, and irrigation easements along the north side of Lots 4, 5, 6 and 7, Block 6~ English Gardens Subdivision No.1. fP-00-007 EnsI~1.I:P.doc J-- / C /~ (I f~)j II ex I'll PI rl ,Jun Llti llU LJl:J.~p PinnaCle ~nglneers, inc. (C' 2 U 8 - 8 8 ~7 - ~7 r7 8 1 (' p.5 ~ -~. Mayor and City Council June 6,2000 Page 4 19" Graphically depict IO-foot-wide public utilities, drainage, and irrigation easements along the south side of Lots 10-15, Block 11; and the south side of Lots 1-5, Block 13. 20. Provide evidence of monies deposited with Ada County Highway District for construction of bridge over Ten Mile Creek prior to signature on the final plat. 21. As English Gardens Subdivision No.1 is not contiguous to English Gardens Subdivision No.2 due to the existence ofTen Mile Cree~ a different name will need to be.recorded for Englisll Gardens No.2. It would be helpful if the name change could be remedied with approval of the final plat so that City files reflect the correct name. 22.. Correct the note shown on each plat referencing R"O.S. No. 4590 to add missing wording, or end sentence with ,,... . allowable tolerances." GENERAL REQUIREMENTS I. Any existing irrigationldrninage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13.. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K 4.. One-hundred-watt, high-presSW"e 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 andIor.fire hydrants. 5" Submit "fmal" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conforlIL 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for review and approval prior to development plan approvat 8. If possible, please respond in writing, prior to the scheduled hearing, to the comments contained in this memorandum.. Detail any arguments you may have in opposition to any fP..ID.007 EagiisbGln:lcnsNo I rP.doc h lh f...L It LJ II EX I f r /7 ~un ul;j LJu Ul;l;:jP t-" 1 nnac 1 e tng 1 neers, 1 nc. c::Ui:S-dCii-litjl p.b ( ~- ,~ Mayor and City Council June 6,2000 Page 5 of these conunents, or simply signify your acceptance by stating "Applicant will comply. " 9. Delete reference to English Gardens Subdivision No. 2 on plat of English Gardens Subdivision No.1. .fP...CG407 fncJish<lItrJmsNo r H.doc %~h/b,t ifill' ~.. ~ ~ -~ . ~!C 1 \ ~ (~' ~ ~ fp-b~( 41:<(:; ~ ) ~:ngi,~~e.rs.~,. lri-c ~ ~ , . TO:. ,- Sh~,Stiles, P & Z Administrator' : :'; " Bruc;e Freckleton~ 'Assistant to City Engi~eer 200 E..Carlton, Suite'"201,. :; Meri~lan, Id~o 83642 i , , f'" DATE: June 6~ 2000 \ i ~.:.: RE: . { i ' It; . ,.English: Gardens Subdivisions 1. &:2 .' t -: I have.'reviewe,d'yo~ stili.report dated June 6, 200<land' ~~ve the followtngcomrnents: . ~ . "\ ~.. . ,I , . , ,_ \ . _ _ , . _ ' " . ~ . . · 1 l . SITE SPECIFIC REOUIRE!v1ENTS ;'.''- ~ ;! We concur with items l' - 9, 11 - 14~ 16, 17, & 20. -. ," - r · ~ - - . ~, ~ : , \ . . ). . . 10. ~ We wou~d.. rather not combine ~ts 9 and 19, Block 11, English Gardens Subdivision No:. '2. ' . ,Lot 9, is specifically for lan~caping ,and Lot 19 is for landscaping ,~d_drrii~age~ Logically.we .~ ;:. should. keep ,them separate. We )Vill ~dd a note specifying that, the~ use of Lot ,19, Block 1 ~ is. .~ only to be.: used as 'co~on landscaped/open space area and. fC?~ ,street 'drainage. In' addition, we' · will include the same note for Lot 9, Block 1 ~ - - ,) , ':;, -",'," _>,.~ ,; , ~ "; . ' · _ '\ r_ ; ~ ~ .: ~ / ; \", . I \ ..... 1 ~......... 'I _ ..-"., ~ . ' _ \'; 1~. OUf preference is not to in~taIi a ~,'nori-colnbustibl~~' fence; a~ong .the no~erly 'and, southerly boundaries. of Ten ~le,Cree~. We are required to install.a six~foot-high, peim')nent,' perimet~r . fence around the subdivisions..~ . This would include the fencing aroun,~ the ,Ten Mile Creek. Sin~e Ten Mile Creek is being developed f9f path use an~,~ill be se~ded for lawn, we agree :', , that visual appearanc~ is ~mportant,: and specIal ~onsideration for fencing type :needs to be ' gi Yen. We suggest that cedar fencing' be permitted; which would match the materi31 for the .':. I ;"', , ~ t' j : p~rimeter fencing, with t~e restriction of four-foot-high solid material an,dllattice_be' permitted~ ",- ""-,1, ahove th~t level up tQsix feet total h~igh~. 'The.-lowe~:fencjng will provide better aes~~~cs and .:--" ,~. t~\,. ~ec~~.y atbng the Ten Mil~ Creek.\, - ", ~ . .' · \'. " ' ! i' , ~. ''1' ,: - - ~,' .~i ---:. / ~ .-,. r ... .., ~l - j- , \ ~ " (-- , \ ';' .J 18.' :-We have pr~vided~ 10-foot-wide easement on tpe lots abutting the specifieq. Jots in' this _note' ,'and a fiye-foot-wide eas'ement on. the specified lo~. This allows a ~ot~-of 15' . for u~lities and ", 1 ;'., it;rigation. ,The irrigation line. will _~e in, the !O-foot-wide easement . "Yith _ stubs to the abutting ',I ~.. I . }ots. - By ,arranging the offset easements as we' ~av:e shown on the .plat, it prevents cons~c~iqn ' _' · .'of ~nQividua1, fences over_the irrigation supply lines. We reque~~ that this'item ap.d item 19 be - ' . removed from the ~equired ch~nges to. the plat.' ." ~ J ',' .-. . f ~ l ~ ~ .~ < \ , · - .! '-, ;, - ; /- \ - - ,,--' - " ,I ; j . ': i ' I 21. -I~'have reviewed,this conceJ;11 with John Priester, Ad3. County'Engineer/Surveyor. ,-Although'the ",' . ,two subdivisions are, separated.by the Ten Mile Cree~, the connection vi~ N. Wa1~s,.Ave., and, . _ RqS. 4590 's.eparating th'~ two parcels having been recorded i.n 199~ (after th~_ su~divisi,op .- . proposal), he is coIpfortable with all~wing the ~o s~bdivisi~ns barin'g ~he same' ~~e.; j , I , ~. . \ '- . n '. . ) _ " :, . I "87Q NORm ~ER SUITE B, '. MERIDIAN. IDAHO. 8~&i2 .~ (20B)" 887~7760' ~ F~{ (208) 88'"(:'7781 I I , ,,' - " ; , " \ , :- - :, " .' >..~ I \ : - ~ · -'. ~ - :.' j ...' ~, ~ \ ; , } " 1\ ,_13. X -I, ~ ,( b / + I ~ 13 - ~I , , \;::' - - - ", ~ \ \ - . ~ ! ! t 1 / . -.. l '....., ~~... ~ ~. J ,~ ~~ .......- \ . \'" ,\ J ' r ., '.j .+ .. ... , ( . ( \, ,,\ ".1, If, ( 7.. ~ ?~ \ \ ~ .~, .~. ~ .. n ~~,-- \l ..... \\ ~_ ~- t~ ..~ ..., / .~ 1 ....,. J - ! \' , ': i - ~! .. . _',~, I, 7) ., / f' \ . ~ ~ .....\ ...~I \ ... ';. t \. ..," I ' ~ ~ ~- j ~ t ~ :~ ~~ \ ? '\'" '"; i ". )......... {\ ~ .~. f ' / - .............. f ~ .. J .~ ~ ....::... ~' . /.~r. \ ~ ~ ,<, " --"\ .;. ,~ r'" . " - , ' '. ~ ' ~' \~ ~:- , , J .-, '{ { '-~ \ J r '. , ' : "~.' . , .~... _ . -. - i ", '. ' ' . .,! -, l , . _ _, .< ... t, ". } ';' _ 22. We are' ~ot sure what staff is reC9!llffien,di:q.g, b~t we will make ch~nge~ asneede~L _ _::!' I-~ ' . ..- + - ~-- . - -./' ~' " , . I" i ' " / ' ' (:.. " ' . : · - ! ~ \ \ ~ . \ + r~."-. ,/t~1 \ l\.l/~.... I ' ~,. ~., ~~ \, . 1 1/ ;. ) j . ~~; ( / l\ \ .7\ , ~ \ ,- i ~ ~ / ~ ~. ; 'f ~ .. l t \ \ ~ -GENERAL REQUIREMENTS .-' \ ~v""'" t.... . . ~: --. .( / , ... -. ~ . Ii--.. : ,: A --"~. \ \ . ~ \ ....1 .......4 \ \ .. \ F ",. ; ~e'~~n~ur~jth it~~~'~ -::. 8.,' '\~:' '- f ; ",' \ \ " · ~ " \ ....' ' ", _ . I f - , .j. I ' 9.' ,'If 91~ staff ~?~c~s!~ith i~eI1?:.~J~. aboye, '~his ,lt~m',is B:'mute'issu,e. _, _ ',. ~;, . --. -:..- - 1".-" / . \: -' \: ; ;' / ~~:~ . .\ -- ',-',' ~ .. : , · ' · ,_:- ! \ i'/ , ' l ' \ :., f . ,We'~~ppr~ciate staff~. _~ji~~ and coopera~~~ on fuis pr~j~~~_~d ask y~~, co~side;atio~.<?~ sP~~~~. ~,,~> r(- items addressed above. ,I...., c : .} , ~~ ~ I -, ",' , . , _': __'\ ~ '< ,", ,'_i_I; '. . ~ < t ~ ) .... \ t'" f ,'I t /.1- ~ I ~. ~ , { ~ ....t · \. \ ; , \ ~ ":\ ---\ I . J r l~. ~ \. ~~ ~ / ~i t , -1 . ~--: . ,~ I f ~ . . f ~ , "- -~ k I .l . \. ~ J _ . /. ~ _J ...... ...... t + -.... ! < ____ ~ If you haye any ,questions or_c<:>mm,e~ts. regarding thi,s'matter, ple~~ -c~ I!le' 3:t (298l887-77?O. \' ',' Jl : ~, - ' \ - '': .' :- - - f,. I I, ' \ .- - . J I,) ; · , · -.' / t :' -, : ,_ (, \ " ; ". . I . ~__' ',Sincerely, ,\ - ' /1 I, ~ -' -;- ,......:., , '1 _i _ ~ ,{r " ' ....(-;;" 1- ", \ ! \ 1- ~ ' < ,- / / ~-; , /ll .....~ \~~~ r \........... \ \ ~. "~'. ('\ ..t-. \, . 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'-: '; r' -} ~ ~ -;..:..\ ) - f--!.;- [ f { . \~ ~ .~I \ - , \., ~~~ : ~\ .' : ' " ,1 \ ,\. .t. -.r - f .{ / ... 1 , I .( .i...... .............,...), t.. . ,~:.t '~~ ,J , 'r'> ,~ t--..! -~," - 'l' . \ ! 'I/'\ f / . I ~". \ \ .' =-- '''' . t .... '- ~...... l ~ . r: ~, '.... ~ ~-,. \ . l -;. ~ ~~ --. ~' / ~ i L '~/ '.L \ -,: \ / ','~ . /. ':=:: -.... /. l j \ \: \ ....... ~ \ ' ) ~ ( \ " ;~\ :/ :-:..........~ I ~.. {I """- r \ ./ ......... l 1 . -t ~ \~ ,~~ \ \'.( { . ~ \ t ~ I - l ~ \ ~ \ \ r) j.. " 10....... ~ ...f: -- I .... :..<~. I \ .- ~ .. ~ ) ,. / ,. ' ~ . ..... "'\ ~I ~ ~\. - ~ ) ~ j r.t \.' '-:' /' ; -. ' 1 /., E i ,~~l . ;' /'^\~', . , ; ;~ ~~... \ . ~ ~~ ~ , \ .'.' . ',( ... /~. \ (r'.... ~ .'~ Vf ; ~~ , r J-/ ' i L' :\ " \. 'J'" -- ..r ~~' 1~~\ /} > ~,~ -,';"'-) )-' f - \ ~ ! .... .' l. \ ~/ \,~ 1 ~.' - ... \ , '.\ ~~ \ ~~- c~. / .'1' f \f (~. ., \ ~.~ L I ~....~ / l I -;.J\ t ~ \ It , '. ~/.I ~\ '" 1 \ ,~ ~ II "/' \./ , <_I' " " h'J. 'j; ~h,~btJ. /1/3 II 1 \ t.: '~ {~~, . - I' l \ ~ r ;, .. r"""' l /~ -- ~ 1 , - + :. / ~ d-'\' \ -: / .......... ~ ,...-... (. ".:, L / '~i · -l ~~ \1 , ( ( BEFORE THE MERIDIAN CITY COUNCIL 06-08-00 IN THE MATTER OF THE ) APPLICATION OF ) WOODBRIDGE COMMUNITY, ) L.L.C. FOR.APPROV AL OF FINAL ) PLAT FOR WOODBRIDGE ) SUBDIVISION, LOCATED AT ) THE EAST SIDE OF SOUTH ) LOCUST GROVE 1/4 MILE ) SOUTH OF FRANI<LIN ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. FP-OO-008 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 June 6, 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, Assistant to City Engineer, listing 8 General Comments ~nd 19 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Gal)' Smith, City Engineer, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council tal,es the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 1 ( ..........~,...--./ IT IS HEREBY ORDERED THAT: 1. The Final Plat of "WOODBRIDGE SUBDIVISION - PHASE 1" as , evidenced in Plat bearing Index No. 311-17-4-0-0-0-0, SHEET 1 OF 9, handwritten date of 4-12-00, TOOTHMAN-ORTON ENGINEERING COMPANY, Consulting Engineers, WOODBRIDGE COMMUNITY, L.L.C, 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 Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 1,2000, listing 8 General Comments and 19 Site Specific Comments, a true and correct copy of which is attached hereto marlced Exhibit "A", and consisting of six pages, and by this reference incorporated herein, and also incorporating the comments bacl< from GEl, on behalf of Woodbridge Community, L.L.C, in , their letter dated June 6,2000, a true and correct copy of which is attached hereto as Exhibit "B", and consisting of five pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 That at the Meridian City Council meeting on June 6, 2000, the City Council added an additional condition as follows: That the Developer shall provide a pressure reducing valve station in Phase I so that it can be placed in the City's high pressure zone when ORDER OF: CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 2 ( ( Phase II is developed, and the subdivision vvill connect to that high pressure zone when water is available on the water main to be constructed through Magic View Subdivision. 1.2 Fire Chief, I(enny Bowers, requires that there shall be no parldng of vehicles, trailers or equipment in the cul-de-sac on Warren Place. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management systelTI that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF- CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 3 ( ( 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guideboole. Prepared by City of Boise Public Worles Department, January 1997. 1.4 The N amp a & Meridian Irrigation District has reviewed the plans for this project. The overall concept of this project for this phase appears to be adequate. One concern pertains to the storm drainage as it appears to be designed for the lOa-year event although if the District is to receive any storm water bacle into its system, it will need to he designed for the 25-year event. The plans also indicate a 54" culvert to be placed in the Pivemile Drain and later a bridge to be constructed. Pertaining to the culvert, the District will need to review the bridge plans for approval, when it is available. The District will need a license agreement for both storm water discharge and encroachment if the plan is to discharge return flow bacl( into the Pivemile Drain. Pertaining to the pressurized irrigation system; everything appears to be acceptable with the exception of the loop located at the southeast ORDER OP. CONDITIONAL AFPROV AL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 4 comer, which appears not to be looped. This will have to be changed so the entire system is looped. The District also needs a completed contract for the operation and maintenance of this system signed by the developer. It will be presented to the District's Board of Directors with the other license agreement for their consideration. Nampa & Meridian Irrigation District's approval be a condition before the signing of the final plat. 2. The final plat upon which there is contained the Certification and signature of the City Cleric 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. By action of the City Council at its regular meeting held on June 6, 2000. By: BERT D. CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 5 (~ ( Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.s Department~ and City Attorney. ',' ,. ated: 6-6~(JO By: . City Cleric msg\Z:\ W ork\M\Meridian 15360M\ Woodbridge Community\OrderFP ORDER OF" CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBRIDGE SUBDIVISION (FP-OO-008) - 6 ~ :t SEAL - i '''u & :::: ~ .~{;l ' "C5 0 ::: '~ ~, ~l.Sr lS-"t · ~.; ~, , ~l ('\.,... 1a.<' ~ $".... ~ ~lJ .~ \V " t~o.;'J' _' Nl -. _ · \\\'\'-\ 11,J.tf:J~t -t t t.~t\\\ MA YOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Li ve 61 c JtYl 0-/'(p-OO (k YV\ #i CITY COUNCIL MEMBERS Ron Anderson Kei [h Bird Tammy de Weerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax t208) 887 -48 I 3 City Clerk Office Fax (208) 888-42 I 8 DEPARTrvlENT (208) 884-5533 · Fax 888-6854 :MEMORANDUM: June 1, 2000 To: Planning & Zoning Commission/Mayor & City Council Bruce Freckleton, Assistant to City Enginee Shari Stiles, P&Z Administrator~ From: Re: Request for Final Plat for WOODBRIDGE SUBDIVISION j 164 Single-family Lots on 50~9 Acres by Woodbridge Community LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City COUlICil: SITE SPECIFIC COMMENTS 1.. The proposed domestic water system for this development, as analyzed by our computer model, should provide water pressures in the low 40 to mid 50 PSI range.. The computer modeled water volume and pressure should provide a fire flow of 1000 GPM and meet the 20 PSI resid~ re.quirements. The analysis also indicates that looping the 12 inch diameter water main in Locust Grove to Franklin Road will not significantly improve normal system pressures. We strongly feel that customers will view the system pressures as borderline, even though they exceed the minimum standards established by the State of Idaho Department of Environmental Qua1ity~ Connecting this subdivision to the higher city system pressure zone currently serving the St. Luke's area would raise system pressures by approximately 30 PSI. Currently there is not an easy way to connect this subdivision with the higher pressure zone in Magic View Subdivision. With the construction of Phase 2 of this development, a connection will be required to the main in the Magic View Subdivision~ At that time, Phase 1 of this development will be valved-offfrom the low-pressure zone in S.. Locust Grove Road.. Applicant will be required to construct the necessary piping/valving with this development to accommodate this future conversion. Applicant shall be requrred to disclose this low water pressure situation to builders/residents.. 2. Add minimum house sizes to the plat and indicate that minimum sizes are exclusive of garages. 3.. Delete references to MCUP-9.9-037 on the plat and show table of setback requirements directly on the plat as requested during the preliminary plat stage. F^ L < l {f It J1 i' l: X-Yi' IJ, / I P &Z CommissionIMayor & City Council June 1,2000 Page 2 4. Please add and/or revise the following notes: Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of the resubdivision, or as allowed by conditional use. This subdivision is subject to the terms of a development agreement recorded as Instrument No. , Ada County, Idaho. Provide a note with language acceptable to the Ada County Highway District regarding heavy- versus light-duty maintenance responsibilities of all storm drainage easement areas. The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereot: unless such responsibility has been assumed by an irrigation/drainage district. The bottom elevation of house footings shall be set a minimum of12 inches above the highest established normal groundwater elevation. Building setbacks from connnon driveway lots shan be a minimum of20 feet from the edge of the built common driveway, or property line, whichever is more restrictive. (Remove this notation under "Common Driveway Lots" heading.) Add a note indicating ownership and maintenance responsibilities for common lots. 5.. Provide five-foot-wide side yard easements for public utilities, drainage, and irrigation for all Type "B", "c" and "0" lots, and provide easements to the satisfaction of each of the affected utilities for all Type "A" lots.. 6. Street names as shown are not approved by the Ada County Street Name Committee. Woodbridge Drive is a duplication of the name of a private street in Boise, and applicant is requesting City Council approval to use the name. Fire CbiefKenny Bowers has verbally indicated he has no objection to the duplication. Police Chief Bill Gordon should provide input on this issue. 7. Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Installation of a sewer line in Locust Grove will be required so as to provide service to adjacent property through this 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 FP~ \V oodbridsc.FP ~doc 6XiJ,D,tf 1/1// P &Z Commission/Mayor & City Council June 1, 2000 Page 3 roadway centerline. Applicant will also be required to extend an eight-inch sanitary sewer in a 20-foot-wide easement somewhere in the vicinity of Lots 83 and 84, Block 6, to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. Applicant to include a note on his development plans to retain and protect the all-weather gravel access to the City of Meridian's Five Mile Creek Sanitary Sewer Trunk Line in , accordance with the provisions of the recorded sanitary sewer easement. 8. Water service to this site will be via extensions of the existing main in Locust Grove Road from its intersection with Central Drive, or from its intersection with Franklin Road 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. 9. Five Mile Creek and the defined wetland tnbutary of Five Mile Creek are excluded from the piping requirement. All other ditches are to be tiled. 10. A perimeter fencing pl~ and detailed landscape plan for Locust Grove Road as well as a typical landscape plan for pedestrian pathways~ wetland areas, stormwater retention ponds, and street landscape islands, was to be submitted for review and approval by staff with the final plat applicatioIL Only typical sections for the landscaping were received. Please submit the required detailed plans for review and approval prior to signature on the final plat. A letter of credit or cash surety in the amount of I 10% will be required for landscaping improvements along Locust Grove Road and within the right-of-way of Woodbridge Drive prior to signature on the final plat.. Perimeter fencing shall be installed prior to obtaining building permits. 11. Assessment fees for water and sewer service are detennined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, "late comers" fees for sewer, and possibly water, will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. This applicant may submit a written request to the City Clerk's office for the City to enter into a late comers agreement for those portions of sanitary sewer and water mains that they will be installing as part of their project that will benefit other lands. 12.. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. lfthe system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Warks 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 FP..00-008 \Voodbridge.FP+doc Ex-h,(6/~f i/t t; ( ( P&Z CommissionIMayor & City Council June 1, 2000 Page 4 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 as determined by the City Engineer for the entire common open area 13.. The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek.. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. The City of Meridian shall work with applicant to secure a license agreement with the Nampa and Meridian Irrigation District for a pathway along the Five Mile Creek.. Said agreement shall be between O'Neil Enterprises, Inc.., and the N amp a and ~leridian Irrigation District. If required by the Nampa and Meridian Irrigation District, the applicant shall be required to provide liability insurance for the pathway until such time as it becomes part of a larger public pathway system If and when the pathway is deeded to the City as part of a larger public pathway syste~ the City would then assume liability and rriaintenance responsibilities.. Applicant shall provide the easement for a future public pathway along Five ~file Creek on the plat.. 14.. The open detention ponds shown on the drainage plan show that a significant portion of the area proposed as common open area during the conditional use process is now proposed for drainage detention. The drainage plan also shows these detention ponds as being eight feet deep.. Detailed plans of these ponds will need to be reviewed to determine if these areas are indeed usable as common area by all residents of the development.. Detention ponds shall be designed such that accumulated water is disposed of within a 24- hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 15. Applicantms engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 16.. Several lots on the preliminary plat map indicate that they are within the lOO-year floodplain.. The preliminary subsurface evaluation report prepared by Strata, Inc.., dated June 28, 1999, states on page 5 under Opinions and Recommendations, oWe recommend that residential development be restricted to areas outside the 1 00- year floodplain.. p Several of these lots are also impacted by wetlands.. Please provide plans and applicable agency approvals for any modifications to the floodplain and wetlands areas. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. FP-00-008 Woodbridgc.FP.doc ExAtbir /7/' ( P &Z CommissionIMayor & City Council June 1,2000 Page 5 17 .. Applicant shall comply with all provisions of City Ordinance Section 11-11 pertaining to the Floodplain Overlay District. Conditions that may be required by the Commission in approving the use of structures in a Floodplay Overlay Zone shall include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100- year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Floodproofing measures. The evaluation of the effect on a proposed use in the tloodway and floodway fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision 18. Several needed details are missing from the plat. Due to the numerous notations made on the plat, the Public Works Department will supply the applicantms engineer with a redlined copy of the plat submittal so the required corrections and details can be provided. 19. This project is subject to all terms of the development agreement and conditional use permit as approved by the Meridian City Council.. Staffms failure to cite specific ordinance provisions or terms of the approved conditional use permit does not relieve Applicant of responsibility for compliance.. GENERAL COMMENTS 1.. Any existing irrigation! drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks Department. 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. FP-00-008 W oodbridge.FP .doc EX-lii o,~f 1/-1- It' ( P &Z CommissionIMayor & city Council June 1, 2000 Page 6 ( 3 .. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights will 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. 5 .. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian f s Water Warks Superintendent. 7. Submit ofinalp letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 8.. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled June 6, 2000 hearing by the Meridian City Council. Submit three copies of the revised Final Plat Map to the Public Warks Department for review and approval prior to signature on the fmal plat. FP-00-008 W oodbridge.FP .doc Exhtbtr 1/4 II ( (f' · ,- O'NEILL ENTERPRISES, INC. - ~ ~. _1.1 -........ ~ ~.. r r 1 RECEIVED ,~ . ~ : : '. .' ~...~,': ) 0 0 n r . ~ 4 ..,......-....... .. June 6, 2000 ~ity~ of ~;ler1dia2 :~ l tv Clerk f)ffic ,. I ~MJ:t:- , The Honorable Robert D. Corrie Mayor of Meridian Meridian City Council 33 East Idaho Street Meridian, Idaho 83642 Re: Woodbridge, Final Plat Dear Mayor Corrie and City Council Members: In response to the Staff report prepared for the Woodbridge Hearing on June 6, 2000, O'Neill Enterprises, Inc. (GEl) would like to submit the following comments and points of clarification on behalf of Woodbridge Community LLC. We have had the opportunity to discuss our concerns with staff and have come to an agreement on a number of modifications. Below you will find a summary of our concerns and a list of modified conditions is attached as Exhibit A. Please note that we are in general agreement with the comments/conditions not addressed in this letter in that they are generally consistent with the Conditional Use Permit and Development Agreement previously approved for the Woodbridge Community. Site Soecific Comments: 1. GEl recognizes Staff's concern that the water pressure available to serve Woodbridge is marginal even though it surpasses the minimum standards of the Idaho Department of Environmental Quality. Furthermore, OEI is supportive of a future connection to the "high zone", currently serving the St. Luke's area, in order to improve water pressure for the residents of Woodbridge. We do feel however, that placing a requirement for a connection to the "high zone" should be made if and when future phases dictate the need for the connection. Having said that, we feel that the necessary provisions for this future connection should be addressed in Phase 1, as they would need to be constructed as a part of the infrastructure for Phase 1. Discussions with staff revealed that they are in agreement and that they would be supportive of modifying the condition as described above. 4. 4 th note: Staff and the applicant agree that this note should include "lateral users association" in identifying parties that can assume the responsibility and maintenance for irrigation/drainage facilities. 5. OEI would like to avoid providing utility easements on all side yard areas wherever possible. Discussions with Staff revealed that the requirement was suggested in order to accommodate the service providers in Woodbridge, but they did not see a need for the easements if the service providers did not require side yard easements. Staff supported OEI's suggestion of wording the condition to require side yard easements "where necessary". 12. Section 2.14 on page 7 of the fmdings of fact for the preliminary plat approval included an additional sentence on this condition that read: "Staff shall work with applicant to determine the common area irrigation assessments." Staff and OEI agree that this language should be consistent h~ C.L I" [ IZK. { I;J / - f /3 t I . 100 North 9th street, SUite 300 · BOise, IdahO 83702 · (208) 336"3430 · fax: (208) 336-5296 . ( ( - with the prior approval and therefore should be included in the conditions of approval for the fmal pIa t. 13. Granting an easement to the City of Meridian for a pathway along Five Mile Creek is premature at this time as the exact location has not yet been defmed in the plan and because it will not become a City pathway until some time in the future upon connection to a larger pathway system. Staff and OEI agree that the provision of a pathway is sufficiently addressed by the conditions of approval for the Conditional Use Permit and that an easement can be recorded at a later date. In addition to the comments made above, GEl would like to reiterate our desire to use Woodbridge Drive as the name for the main east-west roadway within the Woodbridge community and would appeal to Council to consider this request. A letter to Staff regarding the justification of this request is attached as Exhibit B. Thank you for your time and consideration. If you should have any questions, please feel free to contact me at (208) 336-3430. Sincerely, Vffi,td., o. Derick O'Neill Attachments cc: Ed Miller Barry Semple Shari Stiles Gary Smith Bruce Freckleton Exh('6iCf ';8lt ( ( Exhibit A Modifications to Site Specific Comments for Woodbridge Final Plat (FP-OO-008) As a~eed to bv Staff and Applicant 1. The proposed domestic water system for this development, as analyzed by our computer model, should provide water pressures in the low 40 to mid 50-PSI range. The computer modeled water volume and pressure should provide a fire flow of 1000 GPM and meet the 20-PSI residual requirements. The analysis also indicates that looping the 12-inch diameter water main in Locust Grove to Franklin Road will not significantly improve normal water system pressures. We strongly feel that customers will view the system pressures as borderline, even though they exceed the minimum standards established by the State of Idaho Department of Environmental Quality. Connecting this subdivision to the higher city system pressure zone currently serving the St. Luke's area would raise system pressures by approximately 30 PSI. Currently there is not an easy way to connect this subdivision with the higher pressure zone in Magic View Subdivision; however, the applicant shall be required to construct the necessary piping/valving with the development of Phase 1 to allow for a future connection to this system if/when it is determined to be nec~ssary for future phases. Applicant shall be required to disclose information on the water system planned for this development to homebuilders and future residents in the Covenants, Conditions and Restrictions (C,C, & R's). 4. (4th Note): The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereot: unless such responsibility has been assumed by an irrigation/drainage district or water users association. 5. Provide easements, where necessary, for public utilities, drainage and irrigation to the satisfaction of each of the affected utilities for all lots. 12. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), 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 c~eek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilize~ 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 !::.X h J thl Lf 1'/3 'I ( /""" ( \" proposed as a secondary source, developer shall be responsible to pay water assessments as determiped by the City Engineer for the entire common open area. Staff shall work with the applicant to determine the common area irrigation assessment~ 13. The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. The City of Meridian shall work with the applicant to secure a license agreement with the Nampa and Meridian Irrigation District for a pathway along the Five Mile Creek. Said agreement shall be between O'Neill Enterprises; Inc. and the Nampa and Meridian Irrigation District. If required by the Nampa and Meridian Irrigation District, the applicant shall be required to provide liability insurance for the pathway until such time as it becomes part of a larger public pathway system. If and when the pathway is deeded to the City as a part of a larger pathway system, the City would then assume liability and maintenance responsibilities. exh, cb I '-f ''13 I' ~ (/ ~l Exhibit B O'NEILL ENTERPRISES, INC ....... r ... ...... _.. ~.... June 1, 2000 Shari Stiles City of Meridian Planning and Zoning Department 200 East Carltoll Meridian, Idaho 83642 Dear Shari, As a follo\v up to our conversation earlier today, I am writing this letter to inform you of the status of the street names approved for Woodbridge. Due to the concern expressed by the emergency service providers in the City of Meridian, we have revised our initial street name proposal (of a single street name in each loop) and complied with the strict interpretation of the Street Name Ordinance. This means that there will be five separate street names for each "'Loop" road within Woodbridge.. We subsequently had this proposal, along with.specific street names, approved by the Street Name Conunittee at their meeting on May 11, 2000. This approval, however., did not include the use of "Woodbridge Drive". The committee had reconunended against the use of this name., as it would be duplicated in the city of Boise. We were informed by the committee that they were required to make a reconunendation of denial in all situations of duplicated, similar or sound alike names. Ho\vever, they also informed us that the recommendation could be appealed to the City Council if we did not agree with it After a review of the situation in \vhich that name is used, \ve have decided to appeal this matter to the Meridian City Council for the foIlo\ving reasons: · uw ood Bridge Lane", in Boise, is private rather than public, · It is located in a developed portion of town and will never be extended, · It is approximately 200-feet in length and bas very few properties addressed off of it, · And, discussions with the Meridian Fire Chief, Police Chief and a Public Works official revealed that there wasn'lt any concern with the duplication as it would be in a different jurisdiction. We feel that the reasons mentioned above are justification for the use of this name in addition to the fact that community will be known as ""Woodbridge" and it is logical to have the consistency of the main street in the development carrying the same name. Approval of this appeal will be good for the identity of the Woodbridge Community as well as the City of Meridian. If you should have any further questions, please feel free to contact me at (208) 333-241 I. Sincerely, cc: Derick O'Neill Ed Miller Mayor Robert Corrie Meridian City Council Ex/;/ b, If (/8 It ----....... ...--------a 100 NOrth 9th street. SUite 300 · BOise. IdahO 83702 · (208) 336-3430 · fax: (208) 336.-5296 .