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Home My WebLink About2000 08-15Meridian City Council Agenda August 15, 2000 at 7:30 P.M. City Council Chambers Roll -Call: X Tammy deWeerd X Cherie McCandless Ron Anderson X Keith Bird 0 X Mayor Robert Corrie Consent Aa-enda A. Approve minutes of July 18, 20001111 City Pre -Council Meeting: Approve Be Approve minutes of July 182000, City Council Meeting: Approve C. Approve minutes of August 1, 2000, City Pre -Council Meeting,: Approve D. Findings of Facts and Conclusions of Law: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4,.70 acres from R-1 to R-4 for proposed addition of a home —northwest corner of East Pine Avenue and Adkins Way: Approve with corrections from staff E. Findings of Facts and Conclusions o f Law: AZ 00-01 0 Request for annexation and zoning of 40.,33 acres from RT to R4 for proposed Timber View Subdivision bYvlctof 41, LLC —north of Vtoy Road and east of Meridian Road: Approve With corrections from staff F. Findings of Facts and Conclusions of Law: PP 00=010 Request for Preliminary Plat approval of 91 building lots and 10 other lots on 404033 do acres for proposed Timber View Subdivision by Victory 41, LLC, currency in an RT zone and proposed R-4 zone — north of Victory Road and east of Meridian Road: Approve with corrections from staff G. Findings of Facts and Conclusions of Law: VAR 00-006 Request for variance of the 1I 000=bblock length for proposed Timber View S ubdivision by Victory 41, LLC, currently in an RT zone and proposed R- 4zone — north of Victory Road and east of Meridian Road: Approve H. Findings of Facts and Conclusions of Law: VAR 00-01 1 Request for variance from required pressunzeirngan to permit utilization of domestic water for landscaping for Olson &Bush SUbdivision No. 2 by 4 August 1 5, 2000 Meridian City Council Agenda Page 1 MateriWspmsentedatPUblic meetings shah become propertY of the Meridian City Council. Meridian City Council Agenda August 15, 2000 at 7:30 P.M. City Council Chambers Roll -Call: X Tammy deWeerd X Cherie McCandless Ron Anderson X Keith Bird MONEPMAVERMX Mayor Robert Corrie Consent Aa-enda A. Approve minutes of July 18, 2000, City Pre -Council Meeting: Approve B. Approve minutes of July 18,, 2000, City Council Meeting: Approve C. Approve minutes of August 1, 2000, City Pre -Council Meeting: Approve D. Findings of Facts and Conclusions of Law*. AZ 00-012 Request for annexation and zoning by Opal Farrington of 4,,70 acres from R-1 to R-4 for proposed addition of a home —northwest corner of East Pine Avenue and Adkins Way: Approve with corrections from staff E. Findings of Facts and Conclusions of Law: AZ 00-010 Request for annexation and zoning of 40.,33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC — north of Victory Road and east of Meridian Road: Approve with corrections from staff F. Findings of Facts and Conclusions of Law: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 10 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently:i'n an RT zone and proposed R-4 zone —north of Victory Road and east of Meridian Road: Approve with correct'i'ons from staff G. Findings of Facts and Conclusions of we. VAR 00-006 Request for variance of the 1,000 -foot block length for proposed Timber View Subdivision by Victory 41, LLC, currentlyinn an RT zone and proposed R- 4zone -- north of Victory Road and east of Meridian Road: Approve H. Findings of Facts and Conclus'9 ions of Law: VAR 00-011 Request for variance ftom required pressurized irrigation to permit utilization of domestic water for landscaping for Olson Bush Subdivision No. 2 by August 15, 2000 Meridian City Council Agenda Page 1 Materials presented at Public meetings shall become property of the Meridian City Gouncil'. R2 Development — Approve north of Franklin Road and west of Eagle Road: I. Findings of Facts and Conclusions of Law: VAR 00-014 Request for a variance of the 30 -foot front yard setback required in the LAmaO zone, proposing a 20aftafoot front yard setback by the City of Meridian — West side of Ten Mile Road approximately '/ mile north of Cherry Lane: Approve J Findings of Facts and Conclusions of Law: CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a CmG zone - southeast comer of I-84 and Eagle Road: Approve K. Findings of Facts and Conclusions of Law: CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street — east of First Street and south of the railroad tracks,* Approve L. Findings of Facts and Conclusions of Law: CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s,f,. to the existing 4,715 s. f. telephone equipment building by US West Communications currently in an OT zone — NE corner of Meridian Road and Idaho Street: Approve M. Findings of Facts and Conclusions of Law: CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics stud io currently in an lawL zone — 1530 E. Commercial Avenue in the Railside Business Park: Approve N. Beer and Liquor Renewal byM11(1.1)liammad Alidicni for the 19�' Hole db,,a 127 Club at 127 E. Idaho: Approve Regular Agenda 1. (items moved from Consent Agenda) 2. Public Hearing: AZ 001w006 Request for annexation and zoning of 12.73 acres from R -T to LswO and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision —northeast corner of Pine Avenue and Ten Mile Road: Continue public hearing to August 22, 2000 August 15, 2000 Wridian City Council Agenda Page 2 Materials presented at public meetings shatl become property of the Meridian City Council. L 3, Public Hearing: PP 00-005 Request for Prelominary Plat approval for proposed Valen Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed LimO and R-15 zones by Vicki Welker / Gold River Companies, Inc. —northeast comer of Pine Avenue and Ten Mile Road: Continue public hearing to August 22, 2000 4. Public Hearing: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision fora 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L 4W 0 and R-1 5 zones by Vicki Welker /Gold River Companies, Inc. —northeast corner of Pine Avenue and Ten Mile Road: Continue public hearing to August 22, 2000 AZ- 00-009 Request for annexation and zoning of 101.45. Public Hearing: acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC —southwest corner of Black Cat and Ustick Roads: Attorney to prepare Findings of Facts and Conclusions of Law for approval 6. 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 Subdin'vision by Gem Star Properties, LLC —southwest corner of Black Cat and Ustick Roads: Attorney to prepare Findings of Fac'F ts and Conclusions of Law for approval 7. Public Hean'ngaVAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Streets on the east side currently in an OT zone by Gary Benoit -- East 1St and East Pine Avenue: Attorney to prepare F'ind'ings of Facts and Conclusions of Law for approval 8. Public Hearing: AZ 00-014 Request for annexation and zoning of 2.297 acres from R1 to R4 for Randy Ware -one Franklein and Linder: Attorney to prepare Findings of Facts and Conclusions of Law for approval 9. Public Hearing: PP 00-013 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone by Bond and Shelli Campbell for proposed The Hollows — north of Ust"ck Road '/ mile east of Meridian Road: Continue public hearing to September 19, 2000 10. Public Hearing: PP 00-014 Request for Preliminary Plat approval at 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court 16 Iff Subdivision by John and Sandra Goade —Waltman Lane and SW 5th Street: Continue public hearing to September 5, 2000 August 15, 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shall become property of the Meridian City Council., 4 11. Public Hearing: VAR 00-015 Request for a variance allowing applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod or Sheri Eisele /Eagle Concrete Pumping in an 11m L zone - Baltic Place in the Meridian Business Park: Continue public hearing to September 5, 2000 12. Public Hearing:0AZ 00-015 Request for annexaton and zoning of 7 acres for proposed LDS Church by Quadrant Consulting, Inc., - south of Overland Road, east of Locust Grove Road on Charolais Drive: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. Public Hearing: AZ 00-0 16 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilksins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road: Continue public hearing to September 5, 2000 14. Public Heanng.it PP 00-016 Request for Prelaminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10,.19 acres for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC south of Ustick Road and east of Black Cat Road: — Continue public hearing to September 5, 2000 15. Public Hearing: CUP 00,w040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned -unit development consisting of 48 single-family lots ranging from 5,252 samfilms to 9,525 S,.f., in a proposed R- 8 zone by Steiner Development —south of Ustick Road and east of Black Cat Road: Continue public hearing to September 5, 2000 16. Public Hearing0: VAR 00-016 Request for variance to decrease the number of 3 -inch Caliper trees due to the unplantable area (irrigation and sewer easements) by Bob L. Albrecht and Wayne E. McDonald — East 5th and King Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval 77. Public Hearing: AZ 00-013 Request for annexation and zoning of 5..4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I -L zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Continue public hearing to September 5, 2000 18. Public Hearing: PP 00-015 Request for Preliminary Plat approval of two building lots on 5.4 acres for proposed Elliot Industrial Park SubdivisI* ion in an 1-L zone by Chuck Elliot, The Elliot Group —south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Continue public hearing to September 5, 2000 August 15,, 2000 Meridian City Council Agenda Page 4 Materials presented at public meetings shah become property of the Men"'dian City Council. 19. CUP 00-033: Request for Conditional Use Permit to construct office and shop for proposed Elliot Industrial Park Subdivision in an ImL zone by Chuck Elliot, The Elliot Group —south of Fairyiew Avenue and east of Locust Grove Road on Wilson Lane: Table to September 5, 2000 20. CUP 00-039 Request for Conditional Use Permit for construction of an Arby's Restaurant with a drivemthru on property in an I*wL zone by The .0 Bailey Company & TFCM Associates—, Ltd. Pad P-2 within Mendian :0 Crossroads Shopping Center, southeast comer of Eagle Road and Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 21. FP 00-014 Request for Final Plat approval of 8 building lots and 1 other lot on 6..68 acres for Carol Professional Center (Stokesberry Subdivision) by J -U -B Engineers —Eagle Road between Fairview and Ust*lck: Approve 22. FP 00-015 Request for final plat approval of 3 building lots on 20,.78 acres for proposed Zaldien Zarua Subdivision by Frank and Connie Stauts — east of 4280 South Eagle Road: Approve 23. Time Extension: Request for a one-year time extension for Tremont Place Subdivision Nos. 1 and 2 —Broadway and 8"' Street (951 West Pine Avenue): Approve 24. Water, Sewer and Trash Delinquencies: Approve 25. Department Reports: A. City Treasurer — Janice Smith; 1. Treasurer's Reports. Discussed B. City Engineer — Gary Smith: 1. Western Electronics Site — Waterline Easement: Approve C. Fiore Department — Sam McEvoy: 1. Muscular Dystrophy — Fill -the -Boot: Discussed D. Parks and Recreation Department — Tom Kuntz: August 1 5, 2000 Meridian City Council Agenda Page 5 Materials presented at public meetings shall became property of the Meridian City Councilb 1. Generations Plaza II: Approve 2. Five Mile Drain Pathway: Discussed August 15, 2000 Meridian City Council Agenda Page 6 Maten'ffials presented at publ0 ic meetings shall became property of the Meridian City Council. MeridianC'ffty Pre -Council Meeting August 15, 2000 The Special City Pre -Council meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:35 p.m. on Tuesday, August 15,. 20001P Members present: Robert D. Corrie, Tammy dAWeerd, Cherie McCandless, Keith Bi rd, Others present: Shari Stiles, Gary Smith, Bill Gordon, Sam McEvoy, Bill Nichols, Tom Kuntz, Will Berg. Corrie: We will have the reports and go over the PremCounrc;li��genda. Council do you have any questions or whatever you need to go over, let's do that now. Bird: Can the Clerk, Shari and Gary tell us if on the Consent Agenda if everything's here, all the development agreements, everything that we need. If not, then which ones we should pull or do they not agree with. Corrie: Staff, any questions,, Stiles: I have some comments on the findings. Starting with Opal Farrington, Item D. Berg: How many of these are you going to make comments on so I can refer to those? Item D. Findings of Facts and Conclusions of Laws. AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home —northwest corner of East Pine Avenue and Adkins Way: Item E. Findings of Facts and Conclusions of Laws., AZ 00-01Q Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC —north of Victory Road and east of Meridian Road: Item F. Findings of Facts and Conclusions of Law,., PP 00-010 Request for Preliminary Plat approval of 91 building lots and 10 other lots on 40.33 10 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone — north of Victory Road and east of Meridian Road: Stiles: I've got comments on D, E, and F. That's as far as I've got. On page 6, Item 18, I'm not sure if this language is dealing with the Conditional Use Permit or what it'I'S. It's 10 probably still okay on the second to the last line on Item 18. Should just put a period after "neighboring uses " and delete the rest of the sentence. It's talking about potential to produce excessive traffic noise, smoke, fume, glare, and odors. 1 don't know where that came from. On page 12, Paragraph 6, that should be deleted. Its talking about a Conditional Use Permit is required to construct and develop a planned commercial Meridian City Pre -Council Meeting, August 15, 2000 Page 2 of 8 development. Page 14, Item 1.7, it is a recommendation of the Planning & Zoning Commission. I think that we can strike 1,.7 because 1.9 takes care of that. That's all i had on that one,. On Item E, page 5, Item 16.3, the last line, the 20 -foot landscape buffer must be installed as a condition of final plat approval, not must be installed prior to final plat approval. Take out prior to and put as a condition of,. Page 6, Item 19, second to the last line, subject property as single family residential development instead of mixed plan use development. Page 11, Paragraph 6, should strike that. It's saying that a Conditional Use Permit is required. Page 13, Item 1.3, it's ti ie same as previous, takeout pn"orto on the last line and put as a condition of,. Item F,Prelimi"naryplat, Page 7, Paragraph 2.16, delete the last line of the first paragraph. It's covered in the next paragraph. Page 8, Paragraph 2,.20, this was from a previous, our"In*ltial comments on the project that we recommended that those three lots that were south of the Kennedy Lateral be incorporated into the park and I don't believe thats required,. I guess that should be deleted, the entire thing.. Page 9, Paragraph 2.29, should be deleted as they are notrovid*npg any access to that property. That's as far as I got. Did we get any request for tabling any of these, continuing of the of the public hearings ? I had had someone from the Hollows request that, but I wasn't sure if they had submitted anything. I don't have any other comments on the Consent Agenda. Berg: Everything should be in order from what we received from the attorneys on the Consent Agenda,, Corrie: No other changes*?, Okay. Item 11. Public Hearing: VAR 00-015 Request for a variance allowing app licant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod or Sheri Eisele /Eagle Concrete Pumping in an ImL zone - Baltic Place in the Meridian Business Park: Stiles: On Item 11, on the regular agenda, do we have findings on the P & Z Recommendation on that one? D*idmisplace everyone else get one and I mine? deWeerd: Variances don't go to P & Z. Stiles: Do we have recommendations?, deWeerd: They should be covered 1*n Steve Sl*ddoway's comments on the Conditional Use Permit. I thought that he had covered that. Stiles.* I joust didn't have anything with it. The applicat'i'on said that it went to Planning & Zoning., I would Eike to see staff comments on that for the CUP thing. deWeerd: Is the CUP up ton'5 ight? Stiles: No, you said his staff comments for the CUP would have covered that,,. But I don't have a staff comment for that. Meridian CityPre-Council Meeting, August 75, 2000 . Page 3 of 8 deWeerd: I'm not sure when the CUP is coming through on that,. I thought they would be on the same agenda. Stites: Should this variance be continued until then? deWeerd: I guess its not going to hurt anything because you W'111 still have to have findings on the Conditional Use Permit anyway. Might as well consider them both at the same time if you want to continue it. Stiles: When do you think that will be up before us? Berg: It probably will be the next meeting. Bird: September Stn 6 Berg: 1twas before the P &Zlastweek. We usually don't try to push to get the findings done within those three days. Since it doesn't require another public hearing, I think its just at the P & Z level,. Stiles: So it wouldn't hurt it to continue this until the CUP is here? deWeerd: September 5th it looks like its going to be. Stiles: Thats all I have. Corrie: Did you have something on the regular agenda? Kuntz: It's a public hear'0 ing. B ird: We can't hear it. Corrie: Sorry about that. Anything else? Gary, on the department reports, do you want to do Western Electronics sites waterline easement? Smith: That is easement for a water line that will connect to the water line in Overland Road and extend around the building that DBS! is constructing. It w*111 be a City waterl'i'ne because its fire protection with fire hydrants attached to it. We will maintain ownership and that's the reason for the easement request. D. Parks and Recreation Department - Tom Kuntz: 1's Generations Plaza 11.0 Corrie: To the Fire Department will be back with their boots. Tom, you have Generations Plaza II? t Meridian City Pre -Council Meeting, August 15., 2000 Page 4 of 8 deWeerd: Do we need to fill their boots while they're here? Corrie: Yes. Hopefully its not a long one. Kuntz: What you have in front of you is the final proposal for Generations Plaza 11., In addit'i'on, a timeline for reviewing the plans and bidding the process and construction. The Parks & Recreation Commission will see this for the final time this coming Monday. What I need from the Council is their comments by next Tuesday, the 22 "d . So on Wednesday I can call the Land Group and we can make revisions and then move ahead with the bidding process. deWeerd: My only concern first look is that this dotted line doesn't extend over to the In middle that.. I know they are going to be developing that part of it, but I would hate, because of this drawing, it looks almost like that property is there's. Kun If you look at the page in your deal, what we did was we highlighted, there is an area one which i S highlighted ngreen and an area two highlighted iin pink. If you recall, at one of our first budget meetings, Councilman Bird suggested that we pursue getting our construction under way with building the core area. So what we are planning to do, is bid the whole thing as one project, but area one will be constructed first and we will leave area two open so they can work on demolishing and constructing their building and the same with the alley., The heavy dash line really just intended to show that we will construct up to that dash line with area one, leaving the alley open, 1) for Gary to put the new sewer in and 2) then it would be construction area for the old lawnmower building,. Bird: We are bidding Phase 1 and 2. Kuntz: Correct. It's all one proj ectO Baird: The schedule, is that showing both phases too? Kuntz: Yes, sir. Bird: You are 100 percent right, I wanted to get il;t going as soon as we could.. deWeerd: We have that half of the alleyway clear up to this piece, right? Kuntz: Yes. deWeerd: Just if that can be noted and maybe footnoted that, that is our properly. They may be responsible for the costs, but its still our property. Bird: It's just not included in the first phase of the bid'. Meridian City Pre-wCouncil Meeting August 15, 2000 Page 5 of 8 deWeerd: Right. Kuntz: I would like to go hand these memos out, it's on the public hearing,.6' 1 at least want to give them to you because its relevant to what Council member deWeerd i's asking. It's a little confusing but I just want to get those to now because we will bring up the issues when staff has a chance on Item 7 on the alleyway. The last item I have is in regards to the Five Mile Creek pathway. We had our review of the Five Mile Creek pathway with the Idaho Transportation Department last Thursday. What came from that meeting was a list of things we still need to complete to be able to go get the funds ated from the federal government for the project. One of the biggest things was aobl'i9 -- license agreement with Nampa -Meridian Irrigation District. What you have in your packet that I just handed out, one, is a Ietter from the Bureau of Reclamation to Darren Goon of Na mpa-Meridian Irrigation District, basically saying that they support the pathway but there needs to be a license agreement'ion place with Nampa-Meridian. The largest part of this document is a license agreement that was drafted and has passed the Nampa-Meridian's board and they have given the staff, Darren Coon, authorization 41 to sign this agreement once the City Council approves it.. Our attorney, Bill Nichols, has had a chance to look at it. There are a couple of minor c hanges that we are working on rewording,, I hate to springy this on you at the fast minute, but in order for us to meet that August 30deadline, we need to have this approved in a timely fashion. Bird: Could we have a response from Mr. Nichols? Nichols: I have reviewed the proposed license agreement. For background, this came with a proposed master pathway agreement and a proposed memorandum of understanding on the title transfer. We communicated to Nampa -Meridian that title transfer was a separate issue, master pathway was a separate issue, and wanted to take care of this one. There were a couple of concerns that I had, one of them in talking with the district's attorney, I resolved my concerns over that. The other one has to do on Page 4, Subparagraph E with regard to what i*s commonly referred to as spoil, where they dredge out a drain and pull the weeds and dirt out of the drain. That's what I have heard it called before.. We didn't want that just dumped on the pathway. I believe they are willing either remove the spoil in such as to not put it on the pathway or if they have no place to put it, I believe they'll agree to notify us in advance and try to coordinate removal of that spoil into trucks so that it's not on the pathway itself. That was one of my concerns. Dan Stinks, and the attorney for the district thought that that was probably a reasonable approach and didn't see a problem with it. You could approve this agreement subject to rewording that subparagraph (e) to resolve the issues of how that spoil would be disposed of. Corrie: With all the other changes, like on page 6, Exhibit C is actually D, those would change. Kuntz: 1 guess I would like to call your attention to Exhibit D which we just got faxed to us this afternoon. This is an example of the sign that they would want posted at both Meridian City Pre -Council Meeting (� August 15, 2000 Page 6 of 8 entrances to the park, pathway. It just seems to me a little, I'm not sure what the word V s, but... deWeerd: Dictorial (sic). Kuntz: But if that's what they require, it's just, well -- Nichols: The license agreement requires that the City enforce these particular rules with regard to waiting or that sort of thing. You could do that with bicycle p,,,�,�trol. I mean you don't have to go out of your way to find people who are violating it, butif you saw someone doing something, they should be told to get out. I don't see that as a major enforcement problem although, perhaps that could be. Corrie: Any other questions ? deWeerd: I would like to remind Council that the Mayor and I have a meeting on Monday. I can't compass that it will address the master pathway agreement and that if you have any comments on that, To and Mr. Nichols, any of the Council members, to please either get it to the Mayor or myself so that we can pass any comments from community on that IeveL !f we could have those by Friday, it would be appreci*ated. Corrie: Sam, you're on stage., McEvoy: Mr. Mayor and City Council, we would like to c ome before you tonight and present you with T-shirts and make Y111111111u honorary firemen. We have "Fill -the -Boat" coming up,, The International Firefighters have put this on for Jerry's Kids for any years and supported the with the millions of dollars,, Also, our volunteers have helped us throughout the past and throughout the nation they also helped. On the 26 t" you will also get a new T-shirt for this year by coming down and helping us fill the boot. We will be at East 1St and Franklin, and our g oal is to hopefully get $10,000. Most of the money goes strictly to help the kids and adults here in Southern Idaho with wheelchairs; i"f they need crutches or whatever they need,, It helps u,S !Support the I will give you each one of these,, deWeerd: The 26th ? What time? Kiesig It will start at 8:00 a.m. and will go to 5:00 p.m. The Muscular Dystrophy Association deals with over 42 neuromuscular disorders which affect mostly children. As Sam said, most of this money we do raise does stay right here. Firefighters across the nation during the month of August will be out in force in the streets, raising money for Muscular Dystrophy. Last year w --e presented Jerry Lewis with over $11 million to help these kids. A great deal at the national level goes to research.. Most of ours will go ahead and stay here. These kids require care 24 hours a day, 7 days a week.. Part of the money we raise, goes to send these kids to camp. This year, 75 children from the Southern Idaho were able to attend camp. During camp, they are there for a week, firefighters around the state, volunteer their lime. We help each other out, we cover Meridian City Pre -Council Meeting August 15, 2000 Page 7 of 8 each other on shift: we take vacation time; we do what we can to go up and be with these kids for a week.. The kids have a blast, they really have a good lime. It gives mom and dad and the rest of the family a chance to take a vacation and take a break. On Saturday the 26 t" , Fox 12 is covering MDA for us this year and they will be out here., We would like to invite you there, we would like to have you there for when they're there. I will get you the times and we could9o ahead and do that,, but we would certainly like to have you participate and be on our fire line. deWeerd: You will lend us a boot? K iiesig: Absolutely. We all ask if t would be possible, to display this someplace in City Hall. We also have some canisters and different literature that we will be distributing out in the Valley to various businesses to see if they will help us.. BBird:Get some of those here so we can take them into our businesses. deWeerd: So what is your goal this year'? McEvoy: $10,000. deWeerd: Last year you raised $5,300. McEvoy: That was between us and North Ada County. This year we want to get out of Meridian alone about $10,000 and we are going to go down and see if we can sneak in on the fair.. We would like to beat Boise and Northern Idaho.. Bird: Leave some of those extra signs and cans. deWeerd.: Those canisters could be put one in the City Clerk's Office and one right here. McEvoy: Next year we are going to approach the Chamber of Commerce and have a week deal for the MDA. Bird: In the park on Saturday. McEvoy: We will be working out on that intersection. We might see if one of the stores would let the wives work there. Kuna also asked to help us. Corrie: Is there any other staff? Any other comments? Council? We will be back here at 7:25 p.m. ! might tell you, I'd love to see your company here, but we have one Council member that is absent tonight and in all fairness to him, the public, and Valeri 0 Heights developer, we are going to open the public hearing on Valen Heights., However, where the testimony is going to be on the 22"d of this month. We have moved it so all flour Council members can be here that night and here just Valen Heights that night. If anybody can not make that the 22 "d and are here tonight, we will open the t F Meridian City Pre -Council Meeting`: August 15, 2000 Page 8 of 8 public hearing and take your testimony if you can't be here the 22 "d. That's just kind of what I'm going to tett you again at x:30 Perm* So you can kind of see if you are going to be here or not, but one of the Council members is gone., Thi s will be discussed at the beginning of the meeting. I will take a break and be back at 7:25 p.m. Bird: 1 move that we close the Pre -Council meeting. deWeerd: Second. Corrie: Motion made and seconded to close the Pre-Council meeting until the other 7:30 p.m. meeting. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Adjourned (TAPE ON FILE OF THESE PROCEEDINGS) 9 000 t 101, Vi 4 IN BART D. CORRIE, MAYOR : r o WILLIAM G. BERG, JR.,, LERK Meridian Citv Council Meeting August --15,, 2000 The regularly scheduled City Council meeting was called to order at 7:35 p.m,. on Tuesday, August 15, 2000, by Mayor Robert D. Corrie. Members Present: Robert Corrie, Keith Bird, Tammy deWeer..d, Cherie McCandless. Members Absent: RonAnderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Bill Musser, Will Berg. Corrie: If I could please have your attention, I w'1'11 open the Meridian City Council on August 15, 2000, at 7:35. First off I'd like to have roll -call, Mr. Clerk. Thank you. First off I'd like to welcome Troop 199 here today. Hope we have a good Is q* civics class this evening. Also welcome everybody here this evening. It's a good turnout. I thought maybe eveibody would be in Boise at their Council meeting trying to see about the nightclubs, but I'm glad to see everybody here. Item A. Item B Is Item C a Item D. Approve minutes of July 18, 2000, City Pre -Council Meeting: Approve minutes of July 18, 2000, City Council Meeting: Approve minutes of August 1, 2000, City Pre -Council Meeting: Findings of Facts and Conclusions of Law: AZ 00-012 for annexation and zoning by Opal Farrington R-1 to Re -b4 for proposed addition of a home — East Pine Avenue and Adkins Way: Request of 4.70 acres from northwest corner of Item E. Findings of Facts and Conclusions of Law: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC —north of Victory Road and east of Meridian Road: Item F. F*ind'ings of Facts and Conclusions of Law: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 10 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed RA -4 zone —north of Victory Road and east of Meridian Road: Item G. Findings of Facts and Conclusions of Law: VAR 00-006 Request for variance of the 1,000 -foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone —north of Victory Road and east of Meridian Road: Meridian City Council Meeti't''I"i August 15, 2000 Page 2 Item H. Findings of Facts and Conclusions of Law: VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson Bush Subdivision No. 2 by R2 Development —north of Franklin Road and west of Eagle Road: Item I. Findings of Facts and Conclusions of Lawn. VAR 00-014 Request for a variance of the 30 -foot front yard setback required in 4F the L-0 zone, proposing a 20 -foot front yard setback by the City of Meridian —West side of Ten Mile Road approximately '/2 mile north of Cherry Lane: Item J. Findings of Facts and Conclusions of Law: CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C -G zone -southeast corner of I-84 and Eagle Road: Item K. Findings of Facts and Conclusions of Law: CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street —east of First Street and south of the railroad tracks: Item L. F'indi'ngs of Facts and Conclusions of Law: CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s.f. to the existing 4, 715 s.f. telephone equipment building by US West Communications currently in an OT zone — NE corner of Meridian Road and Idaho Street: Item M. Item Findings of Facts and Conclusions of Law: CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an 1--L zone — 1530 E. Commercial Avenue in the Railside Business Park: Item N. Beer and Liquor Renewal by Mohammad Alidiani for the 19th Hole dba 127 Club at 127 E. Idaho: Council, we have the Consent Agenda in front of you. What is the pleasure of the Council? B ird: I move that we approve the Consent Agenda with Items D, E and F noted changes by the Planning and Zoning Administrator and the approval of the Consent Agenda. Meridian City Council Meefihy August 15, 2 Page 3 deWeerd: Second. Corrie: Motion is made and seconded to approve the Consent Agenda with the corrections on D, E and F from the staff. Any further discussion? Roll -call vote, please, Mr,, Clerk. Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 2. Public Hearing: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T tD L -O and R-1 5 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision —northeast corner of Pine Avenue and Ten Mile Road: Item 3. Public Heari'ng: PP 00-005 Request for PreliminaryPlat approval for proposed Valeri HeightsbdSuivision with 10 building lots and 2 other lots on 12.73 acres in proposed L-0 and R-1 5 zones by Vicki Welker /Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Item 4waPublic HearingCUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision fora 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L4000 and R-15 zones by Vicki Welker /Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Corrie: Okay, on the regular agenda, first off as I mentioned just before the Council meet*ing, Councilman Anderson is not here this evening, and the Council would like to have all four Council people hearing this one and also in the voting of it. So what I'm going to do is open the public hearing on Items 2, 3 and 4 which is the Valeri Heights Subdivision, and we are going to have a special session hearing just the Valeri Heights again on the 22 "d of this month on this coming Tuesday. It will be a special session hearing only that. Now, if there's anybody here that came t11110 testify that cannot be here the 22 "d, t hen we will hear your testimony tonight and the absent Councilman will have to read that testimony and go over the Iapes, then he will be here the 22"d . Now, is there anyone here tonight that cannot be here the 22"d of this month? Okay, we have one, two. All right, two. So, again, those two will be heard tonight at this time for the Valeri Heights, and the developer has requested to have any rebuttal at this time for those people. After they hear that, they have a right to rebuttal, and then we will continue the c heari publing to the 22 "d. Okay. Everybody understand what I'm saying? Okay, that will be fin e — i Meridian City Council Meefi"r'i�.,i August 15, 200p Page 4 Nichols: Mr. Mayor, members of the Council, some of the folks here are not here for Valeri Heights, and so you need to disti1ngus—either way, those who are not here on that issue might be counted as to vote for or against, so if you're going to do a show of hands deal, we might be able to make sure that there are those interested in this particular issue. Corrie: Okay, we're going to have a show of hands, I guess, of those people interested in approval and those who are not interested in approval. It will be no value as far as testimony is concerned. It's just noted on record. Also, you must be here for that particular hearing. If you're here for something else, you heard the counsel. Show of hands who are here for the Valeri Heights Subdivision if you want to be on record as being for Valeri Heights. Tienty-one. Ckay. Now, those who oppose it at this point. Nothing is going to be decided tonight. You're going to have to come back and talk. Those 21 are for; how many a gainst, again? And how many are undecided at this point? Okay. That's a very unscientific report — you people come back, now. Let's be sure — we want to hear you. Now there were two people that could not be here the 22 "d. For those that are for the Valen Heights will be first, and the last will be against, and we'll have any rebuttal by the developer on those statements. Got it"? I've opened the public hearing on 2, 3 and 4. Okay. First one. Yes, sir, if you'd like to come up, please, and give your name and address, please. Kritchv1*11e: My name is Greg Kritchville (sic), and I'm for the developer. I think I should be a much nicer corner there if they —for the traffic and everything (inaudible). It seems like there's quite a bit of traffic that does actually come down that way compared to what there used to be. Now, I've worked construction myself, and I've worked on a lot of apartment complexes, and I've noticed (inaudible) a lot more space if you'll notice on there. From the boundaries, from the neighbors and everybody, there's a lot of grass and everything. When you have a place like that it seems like they keep it up a lot better because it's somebody else's instead of all the homeowners — so the weeds don't get as bad or something like that. So I think it'll be a nice addition to the neighborhood over there instead of just a bunch of small track homes or Iowa - income housing or something like that. I think that's about all I've got to say for that. Corrie.* Than you. One more, I guess, pros and cons. We'll j ust have the two of you —either for or against. McNatt: Daren McNaft. I agree 100 percent with Greg there. I think it's a great development. I think it'll work great for this town. I've seen this town go in the wrong direction many times on the construction for over 10 years, and I've seen bad decisions. I think that's a good one. My opinion. It's clean, s neat, I think everybody will be happy. The surrounding people that like the field, I've got news,, Hey, that used to be a field, and they would like that to be a field, and I don't know what to tell them, but I think that i s good. I like that. I'd like to live Meridian City Council Meeting August 15, 2000 Page 5 there. I just support it 100 percent, and I don't see anything wrong with it. I think that's a good traffic zone. I think Ten Mile has a lot of traffic. High-school kids come down through there every single day. There's a lot of people living to the south of that, well, sorry, west of that, that the access is important to them, and some development along that side —sidewalks, et cetera, et cetera, is good because that is a helavy cross -traffic. If you ever go through that intersection, there'seopple crossing the road. Development is good because I've had some close calls on that corner. Widening that, putting in a nice place there, sidewalks, crosswalks, is good. I don't see anything wrong with that. That's all I have to say on that. Corrie: Thank you very much. Developer, do you have any rebuttal tD what's going on so far? I don't want to second-guess you at all here. Okay. Then with that being said, I will entertain a motion. Everybody wants to talk, it's going to be on the 22 "d. I'll entertain a motion from the Council to continue the public hearing until the special meeting on the 22 "d of this month for Valen' Heights only. Bird: Mr. Mayor, I move that ull''Ve continue the public hearing for Items 2, 3 and 4, Valerie Heights until August 22 "d at 6:30 p.m. in the Chambers. deWeerd: Second. Corrie: Motion made and seconded to continue the public hearing o'n Valeri Heights until August 22, 2000, at 6:30 p.m. Any further discussion? (inaudible comment from the audience) Corrie: That's a legal question, and I'm not going to answer that one because I don't know. Nichols: Mr. Mayor, members of the Council, it's my understanding] that when the initial public hearing is held, if at that public hearing a continuation of the public hearing is denounced to those present, that's a valid public hearing, and no additional notice needs to be I osted or published in the newspaper. Berge. Mr. Mayor, members of the Council, some of the things that we've done to try to go beyond what the legality is, is to try to put some kind of notice in the aper, and I'm sure I can get the Statesman to print something up that would make a notification of that nature,, BlIlly no means are we obligated to do that, but I think it makes good sense for the Council to have that extra notice. Corrie: We might even post it here in the Post Office as well for public notice. All right. Any other debate for Council? All those in favor of the motion say aye. MOTION CARRIED.* THREE AYES, ONE ABSENT Meridian City Council Meetit-.y August 15, 20D0 Page 6 Corrie: We will have the public hearing continued to the 22"d of August at 6.s 30 Item 5. Public Hearing: AZ 00-009 Request for annexation and zoning of 10 1.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC — southwest corner of Black Cat and Ustick Roads: Item 6. 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: Corrie: I am going to open the public hearing on the Autumn Faire Subdivision the annexation and zoning and also the request for preliminary plat at the same time. We will hear testimony on those two. So, at this time, I am opening the public hearing and we first have staffs comments. Stiles: This is for roughly 101 acres at the southwest corner of Ustick and Black Cat Road. The applicant requested an additional public hearing so they would '0 be given the opportunity to respond to some of the Council's concerns which led to the recommendation for denial of the first project that they had brought through. This map is a little dated, the original request that staff had recommended was that the)( include all of this property including this portion right here. We have met with the applicant and have worked out some of the bugs at least as far as some of the pathway and interconnections for hopefully a pathway along the Sky Pilot drain. I will let the applicant address that and I have no further information forY ou. Corrie: Any staff comments? Since this is a public hearing, we have opened it to the floor and those who are testifying in favor of this subdivision will start first. Then we will have those who oppose and then the developer will give his rebuttal to any questions that might have come up. So who is here that would like to testify on this with the affirmative ? Wildwood: My name is Susan Wildwood, and I'm an attorney licensed to practice law and I am here on belief of the developer Jim Starr and the applicant. First of all, I would like to thank the Council for allowing us the opportunity to address the questions that had been asked and were not addressed to your satisfaction at the last hearing. My recollection after going through ti e materials that I had and through my notes, there were basically questions in regard to the park, I believe which was one of the largest concerns, there were also peripheral issues with traffics and schools, and then there was a question, especially in regard to sewer. Checking to make sure what types of materials you had in your packets, I discovered that, at least it was my information, that you did not receive a copy of the latest, greatest, most revised project, the preliminary plat and that's the one Meridian City Council Meeting August 15, 2000 Page 7 Ms. St*1les is referring to. That actually would have been dated "July 31, it would have been delivered to the City on August 1. I made copies of those available today as the extra packet. In addition, there was a letter that I drafted to Mr. Nichols with regard to the park. I provide that to you as well. Also, if you will, a smaller version of the larger map sitting down in front of the dais. In addition, we received today a letter from Gary Smith, City Engineer, in regard to sewer. Having said all that, the way I would like to approach that, I would first refer to the park. There was some amount of discussion at the time both with Council Member deWeerd, Mr. Anderson, Ms. McCandless with regard to the park. There were a number of discussions with City staff, Mr. Nichols graciously meet with us, and Tom Kuntz in looking at various ways we could address the concerns with regard to that park. Basically what we have offered to do is that if we receive approval for the preliminary plat, upon approval of the first final plat of Phase I, we will be providing upon to the City, in the amount of the property value, that would be the total acreage, approximately 7.8 acres times the purchase price by Jim Starr. That bond would be provided to you and the terms of that bond would be as stated in my letter. That would be exercisable in three years, in the event we don't do one of the three things: One, Within that three period of time, we have not donated the designated park site to you; two, or we haven't donated to you substituted property in Phase 5 of the project; three, or we have not donated to you other substituted property within the City which we would purchase and then turn over to the Parks Department. I believe, Council Member deWeerd was concerned about some sort of ironclad guarantee and in d iscussionwith Attorney Nichols and with Mr. Kuntz and my principles, we f s elt that by binding for this park right up front and that it is exercisable either in three years or in any of those three conditions so we provide that to you on approval of Phase I. Then what would happen, is as part of the development of Phases 4 and 5, we will be providing at our expense, that the road across the drain to the park. That would be the northeast corner of the park, that the road would I)e stubbed in there, the sewer and water would be stubbed. Now, part and parcel of this questions, had to do with whether or not there is sewer capacity, not only for Autumn Faire I but also the park and for the other lots that we discussed that would be around the park. That is the point of the letter from Gary Smith. He points out that upon review of the lift station, the sewer capacity is adequate to service Autumn Faire I but also what we have captioned Autumn Faire II. Autumn Faire II I have not provided a copy to you, but I do have a copy. That was submitted Y esterday. So we do have pending with the City an application for the portion of property that would contain the park and the houses or the lots that have been identified as eligible or could be serviced by the sewer capacity. This is a complicated enough project that I didn't submit that. But il you'd like, I do have copies of Autumn Faire II and we can show you how that dovetails in. So that the other thing that we will be doing after discussions with the Parks Department, Mr. Kuntz, is because we would have the machinery on site, we would most likely be doing the rough grading of the park as the' same time as the other stuff. The other questions that came up was when could you begin developing the park so it can be an orderly development of the park site, we Meridian City Council Meefii`iq August 15, 2000 Page 8 would have the roads available, the sewer and water available, and we would be working with you on the site grading. What we hope to do is to have the approval of Autumn Faire I immediately followed Autumn Faire II, which actually would be Phase 6. It would come in right after that. Then the roadway would be developed adjacent to the park, would not go all the way around the park, because we don't have sewer capacity yet for the properties that would be essentially south of the park. This should answer the questions in regard how are we going to donate the property to you, what are the guarantees that you can come in and do you development in a reasonable period of time so it doesn't end of being a weed patch, what are the sewer capacity issues, how are we going t:) get the road way over there, and part of Autumn Faire II, still addresses the questions that came up at that time. We would be looking at a pathway along the drain that would allow interconnectivity into the properties as they develop both to the south and then also to property nearest to Ustick. Apparently there's an easement along the same drainage connection and so what we would hope to do, is provide the interconnectivity so that we can provide walkways and pathways,, Now if you look at the plat we provided to you, the colored one, we show the donated park land or the proposed park land in the true green, grass green as we've jokingly come to know it. The other common areas in the development, are shown in the sort of blue-green. I referred to those common areas in my letter indicating that we have other areas within the development itself that would be available for residents within the development to utilize it would take some pressure off of the park. In addition, we have developed, or would be developing in consultation with staff, the pathway which is shown in the brownish color, so that would be a walkway or pathway that would allow interconnectivity from development from either side of the project in addition to a walkway that would come alongcommonthe lot and allow for pedestrian access clear through the development down and into the pathway. What we are hoping is that as the project develops out there, a I's sewer capacity becomes available on the McDermott turn line, you will most likely be seeing some applications, but what we wanted to be sure to do in staff, is that we provide pathway interconnectivity for any development that would provide pedestrian access into the park. In consultation with Mr. Kuntz, with Ms. Stiles, Mr,, Sm'i'th, we made these revisions to the preliminary plat. So that we could illustrate the interconnectivity and pedestrian walkway on this particular project. There were at least some peripheral questions with regard to traffic and traffic impact to this project. We had a traffic study one which was also reviewed by ACHD with regard to each intersection that is affected by this particular project, and I'mnot sure if you received a copy of the traffic study, but the executive summary indicates that there is only one intersection that would be affected to reduce the level of service below level of service A. Still it would be a B level of service, there would be additional delay of four seconds per vehicle at that intersection and still meets City standards as far as traffic delay. Of course, we will cooperate with the requirements of ACHD. We have already moved roads around at their request, they didn't like the location of some of the stub roads, at their request, we have redesigned and then met with staff to be sure we met the correct ( i Meridian City Council Meeting August 15, 2000 Page 9 distances for access roads. What I would also like to talk about and it wasn't gone into in any detail, but I think it is also an important consideration for the City. There was a question on the amount of impact on this project on the school district. The letter from the school district indicates that there are three schools that would be servicing this subdivision. Chaparral, which is over capacity, Meridian Middle School, which i's at capacity but would be relieved because of the new middle school this autumn, and the Eagle High School, which is at capacity. I met today with Wendell B ingham who is the new supervisor of Construction and Facilities Today, to talk about the letter and ask him questions about how we would be impacting and we discussed the proposed school sites, the impact on Chaparral. H e very graciously went over the school map with me, the proposed sites, there are two proposed school sites between this subdivision, east of this subdivision and the City that are tentatively earmarked for elementary school sites. He indicated that they would not be making a determination which of these school sites they will be utilizing until after they get the enrollment counts this fall. But he did say to me that he saw no undo, no negative impact on the school system from this development on Phase I. We're going to have the middle school to take over the overflow and the new elementary school site will relieve the pressure both on Chaparral and on Chief Joseph. So that's what they are working on right now and they feel pretty confident about how they are working towards the bond. They are keeping track of the developments and we will keep in touch concerning the phasing and working with them on the developments for the school district. Because of the distances between the schools, there may be some bussing required,, Under state law, the school district is on the hook for the first year of school bussing. The second year, the state picks up 85% of the bussing requirements. He did indicate that funding from the lottery nets them about $2 million a year to be spread over 40 schools, and with the current tax base, they are keeping neck and neck with the capital expenditures that are required for the small things in operations and maintenance. The other issues that came up and Mr. Nichols kindly provided us with the development agreement and we wouldput all of these in an agreement. I hope I have answered all of your questions. Stanfield: My name is Scott Stanfield, from Earl and Associates, representing Jim Starr and I is application. I asically I I ave I ear representing the engineering or technical related questions that you might have. Deherro: My name is Linda Deherro, representing the community. I think it's great for the subdivision to go in that area and the community is concerned with the police department not being able to cover this area with the amount of police officers that we have now. They can't cover the area that we have now and to build a new subdivision at this time would only invite more crime and vandalism to that area,, The concern is for the people moving in there. Are we planning on increasing our police department at all? Corrie,: The answer would probably be yes'in increasing i t. Meridian City Council Meeting August 15, 2000 Page 10 Janicek: My name is Monty Janicek, south of the proposed subdivision development of this piece of property.. property owner. I have the property right and I don't have any objections to the Langley: My name is Dean Langley, property owner. We currently own the property for this subdivision. We are pleased to how the developer and their agents have worked to resolve'l*tems that were expressed previously and sounds like they have done a lot of work in that regard. We think that the development would bring a lot of value and resources to the community. In regard to the comment about police protection, the police chief did review this and sign off on it. I assume there are plans i*n place. Smith: This is the first time we have seen this revised plat and the Parks Department supports the applicant's park -land dedication. The only concern I have at this time is the width of the pathway, which is a twenty -foot pathway, which allows only five feet on either side making a narrow corridor. In negotiations, we talked about a thirty-foot minimum. You will notice, in Autumn Faire, they have lengthened the depths of the lots to 120 feet. Staff recommends the lots be 110 feet so the minimum of the pathway be thirty feet wide. The other thing that is not denoted on this map is where the cleanouts would be for the pipe drain. Wildwood: We have discussed the thirty feet and have no objection to the thirty. The twenty is actually the size -- is the interconnectivity to the other subdivision, but thirty is certainly realistic. Scott, the engineer, can introduce the cleanout. deWeerd: Susan, origIt inally you had talked about the bonding for the park and you mentioned 7,,8 acres, but on this map, it says 6.89. Wildwood: I misspoke myself. deWeerd: Then'I't is the 6.89. Wildwood: Yes,, Stanfield: Regarding the drain boxes, again this is a preliminary plat. In no means, is it the final design. The drain boxes, at a minimum, will be either side of the right--of-way on the street that stubs out to the park land, and I believe Nampa -Meridian, on a line this size diameter would be a 400 or 500 foot separation. deWeerd: Scott, on these otl work with staff, are those kind subdivision? 'r areas that are probably drainage lots, you will of low grade so residents could use those in the Meridian City Council Meeting August 15, 2000 Page 11 Stanfield: Correct. Or goal is to create a usable space. The ground6ater is somewhat shallow in that area, so even if we wanted to go deep, we couldn't get away with it. So we widened them out, so we could shallow them out and make them an amenity. Bird: Scott, we do have one well site dedicated to the city, right? Stanfield: Correct. We are willing to dedicate a well location, well site to the city and I believe we show it in the northeast corner. Stiles: Ido note that some of the lots do not meet the minimum requirements for frontage particularly some of the cul-de-sacs. There are minor things we can work out. Stanfield: We will meet the requirements. deWeerd: On the pathway, you are going to dedicate the thirty feet and then help with the rough grading of the park. Is the pathway going to be developed or just dedicated? Stanfield: Our standpoint on the pathway is to dedicate the land to the city and then perform the rough grade and operations at the developers cost. The city 1111 then w'111 get an invoice for the cost of rough grading the park. Kuntz: During the negotiation process, we talked about the developer providing a four feet high metal fence that would run the length of the pathway. I'd like to hear some discussion on that, chain link preferable. Stanfield: The ordinance does not specify the fence. There are some conflicts of metal versus cedar. deWeerd: It seems that each of the issues have been addressed. It was kind of interesting to find out the level of service at the intersections and what little effect the project has on them. I appreciate the information and the time staff has put IN into it as well as the applicant. Corrie: I will entertain a motion to close this public hearing on Items 5 & 6 the Annexation and zoning of preliminary plat. Bird: So moved. deWeerd: Second. Corrie,*. It has been moved and seconded to close the public hearing on Items 5 & 6. Any further discussion? All those in favor of the motion, say aye., Meridian City Council Meetii-:j August 15, 200D Page 12 MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I will entertain a motion on Item 5 which is a request for annexation and zoning. Bird: I move that we approve the annexation and zoning of 101.4 acres from RT to R-.4 for the proposed Autumn Faire Subdivision by Gem Star Properties, LLC" --ft southwest corner of Black Cat and Ustick Roads and for the attorney to draw up the findiongs of facts and conclusions of law and decision of order. deWeerd: Second. Corrie: The motion has been made and seconded to request the favorable annexation and zoning for the attorney to draw up the findings of facts and conclusions of law to proper ordinance and decree., deWeerd: Council Member Bird, would that include the correspondence that has happened since the findings of P & Z? Bird : Yes. deWeerd: Okay. Corrie: Any further discussion? Wewilicallroll mr.Clerk. Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I will entertain a motion for the preliminary plat on Item 6. deWeerd: I move that we recommend approval for the request for the preliminary plat for 78.8 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision to have the attorney draw up the appropriate findings of fact and decision of order, to include all staff comments. Bird: Second. Corrie: Motion has been made and seconded to have the attorney draw up the order on the preliminary plat request to be favorable. Roll -call will be called. Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting August 15, 2000 Page 13 Item 7.19Public HearingVAC 0 0-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Streets on the east side currently, in an OT zone by Gary Benoit — East 1St and East Pine Avenue: Corrie: Item 7 is a public hearing, 00-005, this is a request of vacation of the alley intersection of East 1St between Pine Avenue and Idaho Streets on the east side currently in an OT zone by Gary Benoit. I will open the public hearing on Item 7. I invite staff comments first. Stiles,: This is for the vacation of the alley between the Generations Plaza Park and the proposed Generations II building that has already received conditional use permit approval. I will let Tom address some of his issues here in a minute. The vacation will only be for 86 feet on this property,, That must include out to the East 1St street. I wanted to address the parking lot layout for these two parking lots. This is about the third version I have seen. Neither one of these lots can accommodate this type of parking configuration and meet ordinance '0 requirements,, The site plan that was approved with the conditional use permit shows the existing layout of the City's parking lot which would be here, the traffic would come in here, and then it would need to exist out the new parking lot. We have had some discussion that they plan to reverse that, but that would require modification of the conditional use permit. The issues are outlined in the memo dated today. Kuntz.* You should have a memo from me dated today. I guess I want to jump right to No. 2. Attached to the memo, are attachments A, B, and C. Attachment C is the traffic flow plan that was approved in the conditional use permit according to Shari. Option B I believe is a traffic flow plan that is in front of ACHD for their approval. You notice that you enter into the new parking lot directly behind the developer's building and you would exit through our existing parking lot which would require reversal of the parking islands and the striped lines as well as the alleyway, which currently moves from east to west. Option A again would require exiting through our parking lot and entering through the developer's new parking lot and reversing the flow of the alleyway which is east to west. The first matter to be resolved would be which traffic flow is approved and I believe is C. deWeerd: I thought we approved B. Bird: Me too. deWeerd: I thought this was brought from the P & Z Commission. Bird: I thought we had decided on Option B in the conditional use permit. Corrie: We might have an accident looking for a place to happen in Option B. t Meridian City Council Meeting August 15, 2000 Page 14 Stiles: It was never presented by the applicant to do it differently than shown on the plan. The reason it came up was because some of the property owners were given the map. The plan given to the council was revised on the night decided. Kuntz: Tentatively Option B has been approved. This is what went to ACHD. Musser: Option B would that area would cause a another problem for fire access further on down. to one direction, however, parking. cause a problem. To have two sections funneling into problem short of having to curb it which would cause apparatus or emergency vehicles that would need My recommendation would be to limit the flow of traffic there are some business owners that use this area for Bird: I know it would be tough to get used to, would making 1't west to east be more feasible. Musser: Potentially there would be a problem of traffic flow-. Most common collision in flow through traffic is when someone backs out and strikes the other vehicle. We are going to be writing accidents and issuing citations for inappropriate backing. I would not recommend Option B, Option A would be the only option at this time. Kuntz: The reason that A was not an option after the P & Z meeting, the business to the east withdrew his support of the vacation of the alley because he opposed the change of direction of the alley. In a meeting with that individual, he would consent to leaving his support of vacation in place as long as the alley directions stay the same. Which would bring us back to B or C. Bird: I'd like Captain Musser to respond on C, because we are 11,111,111,11111,iiiiiiiiiiii,..Illl)ringing the people out right next to the traffic light. Musser: I would recommend against exiting traffic from the inside of traffic. Reaction time and possible vision obstructions, will create a problem. If we were to have the egress reversed on this, we could probably make it work. Corrie: Any other staff comments ? Kuntz: I have some more, but they may be confusing on this issue. Benoit: My name is Gary Benoit, Stewart Rainey Benoit Company, developers of Generations. The parking questions, we have gone through thesejarious scenarios and there probably isn't a 100 percent answer. The B Or tl( 11 11E; what the P & Z Com mission came up with at 1: 37 a.m. and there was a doubt in everybody's mind as to what was going on. At that time, I think they felt that that was the lesser of all the evils, with proper signage indicating to people that the y Meridian City Council Meeting August 15, 2000 Page 15 need to turn, and that relatively with the low flow of traffic in the alley, that they would probably be the better option. The P & Z passed on the Option B at their request. Our original Option Al was what we had requested and as Tom has outlined, one of the neighbors had a problem with the direction of the alley and so Option B became the resolve to that. The Option C plan is a right out only. It becomes quite confusing and a little more difficult to work with. AICHD endorsed the plan A and then we came back with plan B. C would be our least favored for a variety of reasons. Bis the plan that P & Z suggested that we follow. Corrie: Is there any public that would like to make a testimony on this request for vacation? Stiles: I guess my only concern on the direction here is what was approved was what was sent out to all the neighbors and I don't know if they would have any objection if they had seen that this was changed. For example, Paisano and patrons of Paisano's park in that parking lot quite regularly and if they have to come in one direction and then come back in to park, I st'i'll think Option B is not feasible for safety reasons, also for the fact that the trash enclosure that was designed and approved by Sanitary Service Company requires that they enter into the alley the same direction as it exists today. Their trucks are front loaded and they would come down either through the city's parking lot and down the alley to take that trash. If the direction was reversed, they would have to change the location of their trash enclosure so they could access it that direction. B, I think is still a safety concern. A I think was totally disregarded and as I stated before, C is what is shown on the approved plan that's recorded as part of the findings of fact and conclusions of law and it is included as an exhibit to that plan. deWeerd: Tom, you have been working primarily with ACRD on here. Is your recommendation for B or C ?* Kuntz: B. Bird: Captain Musser explained why C is very dangerous. I would think B. I thoughtwehad passedBI1, deWeerd: I did too. Kuntz: The other reason that I am in favor of B is originally when talking about vacating the alley, ACHD had put a price tag of $10,300 on that vacation. Originally the developer was going to exchange an easement through his parking lot in exchanging for the ent'i're vacated alley. With an B, the easement actually goes through the City property so that we know can exchange that easement through our alley in exchange for the entire alleyway. There may be some financial benefits coming from the developer to the City in that plan. Corrie: Any questions from council? Ir Meridian City Council Meeting August 15, 2000 Page 16 Benoit: Referring to the direction of the alley, the City of Meridian was possible at the option to pay $5,200 for their half of the alley. Now you receive $5,200 if we go through your parking lot. That would help financially on things. It is our understanding that Option B was the approved plan. Nichols: The questions before you is whether to vacate the alley. There have been so many B's and Cs and A's. There is just one thing I want to make clear, if B is approved bl�1( this Council, is that the one that the proposal met by the opposition from the neighboring property owner or is that a different one? It's within the Council's purview to change that traffic flow pattern. Corrie: They request any other comments on public hearing. Hearing none, I entertain a motion to close the public hearing. Bird: So moved. deWeerd: Second. Corrie: Motion made and seconded to close the public hearing on the request for vacation Item 7. Any other discussion? All those in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: I mo1111111ire that we approve the vacation of the alley, intersecting East 1St between Pine Avenue an d Idaho Street on the east side, currently in an OT zone, by Gary Benoit and that the traffic flow pattern be noted as Item B on memorandum from Park Director, Tom Kuntz, dated August 15, 2000 and for the attorney to draw up the proper findings of fact and conclusions of law and decision of order. deWeerd: Second. Corrie: Motion has been made to have the attorney draw up the findings of fact and conclusions o f law and the approval of Option B on the memo of Mr. Kuntz. Is there any further discussion? McCandless: Can I ask Captain Musser a question ? Captain, was it not Option B that you said was dangerous? Musser : I made an indication that Option B has some inherent problems that could be potentially dangerous with two-way traffic coming head on. I also see problems with all the other options, too. McCandless:, Is this the one that you said if you could post a No Left Turn? Meridian City Council Meeting August 15, 2000 Page 17 Musser: The No Left Turn, I believe I was referring major concern was the two-way traffic coming in on exit there on the existing lot. more to Option A. ly only a single lane alley to hit the Corrie',' Any further discussion?. Hearing none, roll -call vote, please. Roll-call:rdeWeed, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Public Hearing,, AZ 00-014 Request for annexation and zoning of 2.297 acres from R1 to Rd -.4 for Randy Ware -Franklin and Linder: Corrie: Item 8, public hearing 00-014, request for annexation and zoning of 2.297 acres from R-1 to R-4 for Randy Ware, Franklin and Linder. I will open the public hearing on Item 8, request for annexation and zoning. I will start with staff. Stiles: This is for annexation and zoning for 2.297 acres from R-1 to R-4. The applicant was requested to apply for annexation as he had requested sewer and water hook-ups for an additional lot. We did receive something from the applicant today, I believe, and on the recommendations, he is asking for deletion of Items 1-3 through 1-19. Staff recommends that none of those conditions be IP deleted and all of those remain as a condition of annexation for this property. We feel that all of those conditions are appropriate and typical conditions of approval,. They are ordinance requirements and in order to be annexed to the City and to have certain water provided, we request that they be conditions for annexation. Corrie: Hearing no discussion, I will open the public hearing and will hear from the applicant. Ware: My name is Randy Ware. I am opposed to any conditions or requirements in association with annexing this property. Corrie: Do you have any reason? Ware: They are time consuming and costly. Corrie: Any questions of the Council? deWeerd: I know that you are going Just for anne'111,ation and zoning and you are requesting an R-4, so I am assuming that you will be breaking these into lots. The conditions that were placed, were conditions for that kind of plan. I guess I would like to understand a little bit more what your opposition is. Ware: Last Januaiy, I came to you to ask for extension of sewer and water to a couple of lots I have on Linder Road which the City ordinance allows for. When I re Meridian City Council Meeting August 15, 2000 Page 18 came to you, what we decided was that we would have an agreement with the City, that I needed to apply for annexation as a condition to getting that service and perpetual consent to annexation, meaning that you could annex me at any time., That was one of Mr. Smith 's requests. He was leery that if I was granted this water and sewer to these lots, that it would end up being an enclave and not ever being annexed into the City. I agreed to do that. In that agreement, it spells out very clearly that I would apply for annexation and have perpetual consent t o annexation, which I have done. I think what has happened since then, it has become more of a burden to me to continue with the requirements of annexation than necessary. No, I am not developing any property. I have the property that is currently in the county. I can get building permits on it at any time. I don't mind being in the City, but to do the requirements they asked for here, would be costly and time consuming. deWeerd: So, you do have plans to develop it or you don't have plans to develop it? Ware: I have Plans tO put two h�ouses on the lots that are currently there, but no plans to develop. deWeerd: So, the lots that are there have two homes on it? Ware: No, they are vacant. deWeerd: So you want to make it 1 acre lots. Ware: They arealrey 1 acre lots. I'm J US t wanting to annex them. They are currently 1 acre lots. There is no developing or subdivision. deWeerd: So, currently there is nothing there, but you want to put two homes on there? So, why are we requesting an R-4? Ware: Because Meridian doesn't have an Rd --1 zone and that's what it currently is. deWeerd: We have nothing below an R-4? Stiles: R-2 and R-3. deWeerd: So there is nothing that says that this can't be an R-2. Stiles: I don't know what the frontage is on the private road. What happened is, in order forim tosplit this hproperty, the county required his to hook-up to City sewer and water. They don't allow septic and water on this. Ware: That is not correct. f' Meridian City Council Meeting August 15, 2000 Page 19 deWeerd: Then whatIs the deal? Ware: In order for me to split it, they require was no requirement on City, water and sewer. order to get a building permit. me to put in a private road. There It would require me to do that in Stiles: In order for this property to be split with two legal lots that could be built on, you had to hook-up to sewer and water. I think what the biggest issue was the Kennedy lateral that existed on the northern property. That is condition 1.3, it is City ordinance that it is tiled. I think Randy felt that it would be a big expense to bear by himself for two lots. Staff would support not piping that unless they decided to come back in and re -subdivide this in which they would have to plat it and bond for all those improvements. If there's no wells or septic system on this system already, I don't see why 1.4 is a problem. 1.5 is a safety issue. 1.6 we probably already have that. 1.7 they will have to coordinate any fire hydrant placement that's necessary to meet fire code requirements. 1.8 will have to comply. The recorded warranty deed was a requirement of Ada County before they even split the property and that was the sidewalk was already in. I don't feel any of these, except the 1.3. We would be willing to forego actual installation of the piping unless or until he decided to subdivide it any further. Bird: Mr. Ware, other than the 1.3, the rest of these are just standard requirements. Is 1.3 your issue, or was all of them your main issue? Ware: Actually 1.3 was the main with along with 1.5 and 1.7. I asked for q* clarification on 1.7 at the Planning & Zoning meeting and no one was able to answer the question. I'm not sure 1*f that is asking me to run a water line for a fire hydrant or what they're saying. I was very unclear on that. On 1.5, they said went along with 1.7, because you are Suppose tc) have a street light by a fire hydrant. Stiles: In talking with Chief Bowers, that is a fire code issue that you would have to meet regardless of whether he's in the City or county. If you need additional hydrants to build, you Will need to construct them to meet fire code,, Ware: So who determines that? Stiles: Fire Marshall and Public Works Department. Bird: Shari, I understand it then that if there is a fire hydrant within reason, then he would not be required to put one in. It's a standard thing that's done in all annexation developments.. Ware: I'm opposed to Item 1. 3, 11051 and 1.7. I can live with the res t. Meridian City Council Meeting August 15, 2000 Page 20 Corrie: have it. Corrie: record ? We are giving you 1.3. If you have to h al le it, you are going to have to Any other testimony ? Council, any other questions for the public hearing deWeerd: Shari, do we have a R-1 or do we not? Stiles: We have R-2. If you were to propose Rt --2, the frontage would be determined off that private road., The reason he asked for R-4 is that he had just met the minimum requirements for the frontage on Linder. deWeerd: And that would increase it with the R-2? Stiles: It would have to be more, 100 feet minimum. deWeerd: If he subdivides more than the two lots, he would have to come back in? Stiles: Yes,. Corrie: Any comments? Hearing none, I will entertain a motion to close the public hearing on Item 8. Bird: Moved. deWeerd: Second. Corrie: Motion made and seconded to close the public hearing on Item 8 request for annexation and zonin9of 00-014. Any further discussion? All those in favor, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I wlk ill entertain a motion on the request for annexation and zoning. deWeerd: I move that we approve the request for annexation and zoning for 2.297 acres from R-1 to R-4 from Randy Ware to accept the recommendation by Planning & Zoning with the deletion of 1.3 on page 3 and to ask the attorney to draw up the findings of fact and conclusions of law and decision :)f order. Bird: Second. Corrie: It has bee on request of Item for Item 1. 3 to be i moved and seconded to approve the annexation and zoning 8 and accept the Planning & Zoning recommendation except excluded, for the attorney to draw up the findings of fact and Meridian City Council Meeting August 15, 2000 Page 21 conclusions of law and theP roP er orderil,nyAfurther d iscussion? Hearing none, roll -call vote, please. 0 Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: PP 00-013 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone 13y Bond and Shelli Campbell for proposed The Hollows —nort h of Ustick Road '/z mile east of Meridian Road: Corrie: Item 9 is a public hearing request for preliminary plat approval of 12 lots on 5,.60 acres in a R-3 zone by Bon and Shelly Campbell, proposed Hollows, north of Ustick Road and one-half mile east of Meridian Road. I will open the public hearing on Item 9. Staff comments, first. Stiles: This is for property of 5.6 acres in a R-3 zone. It's located off of U stick, about one-halfile east of Locust Grove,, Staff would recommend approval with conditions noted in our comments, however, I understand that the aPPilcant is going to be requesting a variance leased on the pressured irrigation. I would recommend that no action be taken on the plat until those variances have been applied for and acted on. Corn* e: Other staff comments.? Stiles: Another variance they are requesting, one c)n the pressurized irrigation and the other on leaving the ditch on the northern boundary line open because the property owner on the northern boundary uses that ditch for flood irrigation. Obviously, those two issues would change the conditions of the preliminary plat and we would request that this public hearing be continued. Corrie: Council any questions of staff? Bird: Mr. Smith, those are awfully large lots t:) I)e irrigating off City water, isn't it? Sm ith: They are about quarter -acre lots, the smallest one. I don't know what the options are. Reportedly, they get the water once every seven days, I think it was. They do have the water rights, it is utilize the water on its availability. I suspect these lots are similar to Meridian Greens. s Meadows has similar irrigation water availability as it has been reported to us. Water resources won't allow for drilling of a well for irrigation purposes. The only other option is to put in or investigate a shallow ground water. It can't be over 18 feet deep, so it is not classified as a well. The only other option is to utilize City water. The other alternative is for the developer to install dry lines at this time for pressure irrigation, so distribution would be available at some other time. It does create Meridian City Council Meeting August 15, 2000 Page 22 some kind of problem. You would have t,D a pretty good idea of where the point of supply is to put in dry lines. The size of the lots are similar to Meridian Greens. Where you have a flood irrigation pasture right now, and you can irrigate that once a week, you develop it into a residential lot and can't operate that way any longer. Bird: I see this happening quite a bit up north. Smith: On the smaller property, it will happen more often. deWeerd: What did we do with Wanda's Meadows? Smith: We can't recall what happened with that one. I know there was an issue on the variance for pressurized irrigation system. It was discussed, but I don't recall the decisions or if the variance has been before you. Corrie: The applicant come forward. No applicant. Council any questions.? Any other testimony on this public hearing? Hearing none. deWeerd: I move that we continue this for the reason of wanting to hear from the applicant but also to be able to delay a decision on this until a variance comes before us. Bird: I would second that. deWeerd: I would like to ask Shari when a variance application, since they have not filed one yet, would it be beneficial to continue this until the 1 9t" of September. Stiles: Yes. deWeerd: I move that we continue this hearing until September 1 9t Bird: Second. Corrie: Motion has been made and seconded to continue this public hearing on Item 9 until September 19, 2000. Further discussion? Hearing none, all those in favor, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Public hearing will be continued on this preliminary plat III in hopes of the variance coming in for September 19, 2000. Meridian City Council Meeting August 15, 2000 Page 23 deWeerd: Can I ask that staff personally contact the applicant, let them know of the new hearing date, ask that they be present, and inform them that we need a variance application by then? Item 10.Public Hearing: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade — Waltman Lane and SW 5th Street: Corrie: Item 10 is a public hearing request for preliminary plat approval for 5 building lots on 8.29 acres for proposed Whitman Court Subdivision. I will open the public hearing and invites staff comments first. Stiles: This is request for preliminary plat for 5 building lots. This is what was known as the old Waltman House that exists currently down off Waltman Lane here. Ten Mile Creek runs adjacent to the western boundary of the property. Troutner Business Park j*s. north and they have a cul-de-sac built at the northern property line. When Corporate Drive is extended, it will come through this property and eventually connect back up to the Landing Subdivision and to Waltman Lane. There's a few issues with this. We had asked prior to the City Council hearing, that we receive a revised plan. We have not rece'i'ved that. There's the issue of the Ten Mile Creek pathway that's p roposed along here and is required as condition of the annexation along Ten Mile Creek. When this was annexed, all proposed uses where required to go through the conditional use permit process. ACHD has constructed huge drainage ponds with io permits from the City. They are basically showing the property lines for these lots right at the top of the bank. That is not going to provide for any pedestrian walkway. I took some pictures out there, this iS showing ACHD very large drainage area. An irrigation ditch, east of the drainage pits and one of the drainage pits as it exists today. This is showing, along the creek, the fence ACHD i*s constructing with n ID permit. There is very little room from the fence to the top of the bank for any kind of pathway.. This is showing, looking across Ten Mile Creek, I believe, there's a lot of blackberry bushes. This is an important part of the Ten Mile Creek pathway area and I would hate proceed with this tonight without a revised plan and some answers to some of those questions that we had. It looks like on the plat that there may be a little more room down by the old Waltman place. With this plat as proposed, we could not recommend that it be approved. We have asked that there be a common lot for the pathway and the easement area of the Ten Mile Creek drain. What we have, doesn't meet that requirement. We need to get with ACHD to get changes to this site. This is not all zoned, some limited office and some general commercial. I don't know if that have proposal for this yet. We ask that you continue this public hearing until September 5 'h if there is time on the agenda. er Meridian City Council Meeting August 15, 2000 Page 24 Corrie: This might be a good one to put on Thur,E;day night for the trip with ACHD. We have a meeting with ACRD at night. Any questions? Is the applicant here tonight ? Hickey: My name i's Tony Hickey. We were not aware that the revised plats had not been delivered. We were under the impression that 1*t had already been iiifdone. A,113aras the ACHD beautfcaton of the northwest corner of that property, we are working with ACRD under a licensure agreement in order to do some landscaping there and the developer will be involved with that. As far as the Ten Mile drain and the pathway, it has been our impression from the beginning that the new owners of those lots along the Ten Mile drajn, because we have to come in under a conditional use permit process, that this would be part of their landscaping process,, We did not want to create a common lot there, however, we would not have any problems- with common usage of irrigation, etc. We know that we have to come back under conditional use, so our feeling is that we approach the owner in their purchase of the property, and the landscaping program will have to come under that conditional use permit. Corrie: Any questions? Stiles: The bridge crossing, shown under the recommendation of the City Council, page 5, Item 1.19, I guess we had a little difference of terminology. Since this property abuts the Ten Mile drain and normally it would be a requirement for most of the projects that I have ever dealt with, that they at least deposit into some kind of fund, for future vehicular crossing of this drain. We felt that the applicant should be required to contribute towards that crossing. I don't know why David Splatz at ACHD told them they didn't have to contribute anything, but I certainly don't think it's fair that the property owner on the south side to pay 100% of vehicular crossing of that drain. We could change our wording on the recommendation, abridge to me is a crossing. We definitely want one of the conditions of this plat to contribute funds toward construction of that vehicular crossing whether it be with the City of Meridian or ACHD. Hickey: There is quite a difference between a bridge and vehicular crossing and we would request that any future notice about that going across Ten Mile would be changed from a bridge to vehicular crossing in that, a squash pipe and properly done, would be 20% of the cost of a bridge, actual concrete structure., We would like that verbiage, vehicular crossing, changed in the recommendation. ACHD has noted that squash pipe with regular asphalt with a certain amount of earth between asphalt and squash pipe, is easier to maintain than having a concrete bridge and less expensive. ACHD has no intention in participating in a bridge, they feel they do not abut the drainage ditch right-of-way. Corrie: Other testimony? Meridian City Council Meeting August 15, 2000 Page 25 Benoit: I'm not positive of this, I believe there have been some preliminary plans drafted by the Highway District for accessing Waltman Lane out t111113 Corporate Drive, eliminating Waltman Lane access into Meridian Road at Central Drive, right now. It almost seems like Corporate Drive needs to come across Ten Mile dra'i'n and connect to Waltman, and that will be the access to Waltman to Meridian and East 1St. But again, those details are pretty foggy in my memory, but I think the Highway District has had some preliminary concept type work done. That's probably why Corporate Drive extending the way it's extending. The crossing of Ten Mile drain, whether you want to call it a bridge or vehicular crossing, 14S still going to have to be sized to pass a certain storm, certain flood, in Ten Mile drain. Anytime you've got over 20 feet of span, it's considered a bridge. Less than 20 feet, is considered a culvert. Whether it's a metal corrugated pipe or reinforced concrete. The bottom line is it is going to have to pass that flood criteria for Ten Mile drain. It is a hydraulic issue, it's got tl!�D 1111i ss that Storm and certain elevation to get from one side t,D the other. deWeerd: I would agree with staffs original comments, that this should be continued. There seems to be a number of issues that need to be worked on. Perhaps if we continue this to September 5t", staff and the applicant can come back and let us know what has been decided. We will need the items that Shari originally discussed with the new plat and some of the other issues resolved. I would move that we cont inue this public hearing for the request for preliminary plat for Waltman Court SubdivisNk ion to September Stn McCandless: Second. Corrie: The motion has been made and seconded 5th the public hearing on the preliminary plat on Item Hearing none, all this in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT to continue until September 10. An)(further discussion? Item 11. Public Hearing: VAR 0090015 Request for a variance allowing applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod or Seri Ei S1 sele /Eagle Concrete Pumping in an I -L zone - Baltic Place in the Meridian Business Park: Corrie: Item 11 is a public hearing for variance request allowing applicant the lower the finish floor elevation below the flood plane because of the size of the site by Eagle Concrete Pumping and IL zone,, This point, I will open the public hearing. Stiles: We had talked about this in Pre -Council and the fact that the conditional use permit is not before you today. The attorney's office did not have enough t0me to turn over those P & Z recommendations and get those to the Council Meridian City Council Meeting August 15, 2000 Page 26 tonight. I guess we could go ahead with the public hearing if that's what you want to do. There is no site plan that we have associated with the finish floor elevation. What they are proposing, if you will recall, they came and talked to us, Mr. Larsen, had talked to us about the conditional use permit being required because it was in the flood plane and we made a commitment to try to expedite this to help them with their schedule. I apologize that they are sitting here tonight and they are qoing to have to come back here for another Public hearing. The conditional use permit will also have to have findings of fact and conclusions of law prepared. It may be better if they are both addressed at the same meeting. That will give you a better idea of what they whole entire project is about. The variance itself, because they would like to build the finish floor elevation one foot below the flood plane. Part of that reasoning is that if there were a flood, they would open the doors and let the flood waters to pass through. Either way, whatever you would like to do. Bird: Can we proceed on with inter -office working so that the permits and stuff are being worked upon even while this is going on? Stiles: I believe that they have submitted and it is being processed now. Bird: This won't hold anything up by delaying it two weeks?. We had promised them that we would try to expedite this through. Stiles: It would hold up only the issuance of the actual permit. Corrie: Is the applicant here this evening? Would You like to answers some questions? Larsen,: My name is Cornell Larsen. If it could be heard on the same agenda as the conditional use permit, that is fine. We can wait until then. Corrie: Any other testimony ? Bird: I would recommend that we continue the public hearing on the variance allowing the applicant to lower the finish floor elevation below the flood plane, Eagle Concrete Pumping, until September 5, 2000. deWeerd: Second,, Corrie: It has been moved and 11 until September 5 t" meeting. in favor of the motion, say aye. seconded to continue the public hearing Any further discussion? Hearing none, MOTION CARRIED: THREE AYES, ONE ABSENT 7ii[iaiil all those Meridian City Council Meeting"' August 15, 2000 Page 27 Item 12. Public Hearing: 7 (+/-) acres for Inc., - south of Charola'is Drive: AZ 00-01 5 Request for annexation and zoning of proposed LDS Church by Quadrant Consulting, Overland Road, east of Locust Grove Road on Corrie: Item 12 is a public hearing request for annexation and zoning of 7 +/- acres for the proposed LDS Church, Quadrant Consulting Inc., south of Overland Road and east of Locust Grove road on Charlotte Drive. I will open the public hearing. Staff comments, first.. Stiles: This is for annexation and zoning of the proposed LDS Church at Locust Grove,, This was the property that was recently annexed and zoned CG and this is where the apartments would be and this is the new high school site. The church is nearing completion. They were requested to annex the property t:) the City of Meridian in order for sewer and water services to be provided and staff recommends approval with the recommendations of P & Z. Corrie: Comments? Is the applicant here this evening? Stuart: My name is Warren Stuart, Quadrant Consulting. We h ave no objections to any of the requests of P & Z. There was one item that came up that we would maybe like to discuss the timing on or maybe see if we could get the timing dealt with. This would be the timing of the two ditches on the back of the property. This is the eastern boundary of the property. There's a 100 lateral and also an irrigation ditch for this property that run along this eastern side. When this property was purchased and the building permit was sought, they had no requirements to tile the ditches at that time, so when the church funded this project, the funded it based on the construction of the new building and site i49 mprovements on the 2/3 of the property on the west side. They didn't request enough fund, which was approximately another $40 or $50,000 to tile those two ditches. Unfortunately, getting that funding is kind of an involved process at this point for an ongoing project. That's not the only issue. Also, one of the reasons they would like to postponed those ditches, is that the back 1/3 of this property, which borders these ditches w'111 not be developed at this time. There will be a chain link fence, this will be left as pasture. They do intend to develop this property eventually and the development of this will coincide with the construction of the new high school. They would like to put a new seminary building on this lot that would serve the students at the new high school. They would like, if they could, to get the tiling of the ditches deferred until the conditional use permit comes before you for the new seminary building. It will require an additional conditional use permit in order to put the new seminary building there and then they would go ahead, request the additional funding at that time as part of the project, and do the whole thing at once when the seminary is built. They want the ditches tiles. They realize it is in the ir best interest, it's just a matter of timing, funding for the first part of this project is already been given, and giving ac ditional funding at this time would be difficult as Meridian City Council Me6- August 15, 2000 Page 28 this will not be developed at this time.. They are hoping to defer the timing of tiling the ditches until the seminary conditional use permit is required. Corrie: Questions? Anyone else to testify? Bird: Do you have any problems, Shari, with exempting that tiling out of here until another development is done statin9that the ditches l ill be tiled under any other development cn that property? Stiles: No. Benoit'.* I don ' t have a problem with it as long as we don't lose track of What's going on out there. Bird: Development or improvements on the remaining property. Benoit: Make improvements on the remaining development of the property, I h ave n o problems. Corrie: Any other comments? Bird:- So moved. McCandless,- Second. I entertain a motion to close the public hearing. Corrie: It has been moved and seconded to close the public hearing on Item 12. All those in favor, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion? I entertain a motion on the request for annexation and zoning with the requested change in Item 1 . 1 of the recommendation of P & Z. deWeerd: I move that we approve the request for annexation and zoning of 7 acres for proposed LDS Church with recommendations for Planning & Zoning to reflect the discussion on the tiling of the ditches when further improvements are made on the property. To instruct the city attorney to draw up the findings of fact and conclusions of law and decision of order. B*rd: Second. Corrie: It has been moved and second to have the Council draw up the findings of fact and conclusions of law and proper orliinance to approve with conditions of discussion of staff on request of annexation and zoning on Item 12. Is there any further discussion? Clerk, roll -call vote. t` Meridian City Council Meefir')q August 15, 2000 Page 29 Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye Item 13,aPublic HearingAZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road: Item 14. Public Hearing: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road: Item 15. Public Hearing: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned -unit development consisting of 48 single-family lots ranging from 5,2 52 s.f. to 9,525 s.f., in aropposed R-8 zone by Steiner Development —south of Ustick Road and east of Black Cat Road: MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item 13, 14, and 15 is related to the Wilkins Ranch Village, for annexation and zoning preliminary plat and request for conditional use permit. So with Council approval, I will open the public heanng on all three of those for testimony. I will open the public hearing on 13, 14, and 15. I invite staff comments first. Stiles: This is f or a property that was previously proposed as part as Wilkins Ranch Subdivision. They had come i*n with the entire property and proposed an R-8 zone at that time, which was denied., They have now got a prel'i'minary plat and a final plat may be on this portion of Wilkins Ranch Subdivision with R-4. They are now coming in with the remainder of the property, they had initially requested an R-4, however, it was so far out of compliance with the R-4 zone, that the P & Z had recommended that they change their request to R-8 to come closer to the minimums in the R-8 zone. I wanted tD clarify a couple of issues. There's been a request, at lease in their response, that they be allowed to obtain the existing mobile home they have out at the Site to be a sales office. I would not recommend approval of that until they show where it is located on the property and some conditions on how long it can remain there are put into place. They are proposing, asouycan see, this would be a private park site within the development. There would be this connection that would go to Dakota Ridge Subdivision and the elementary school site would be down here. The majority of the lots would be 5,500 s.f., they do have a pedestrian walkway. Also sewer easement through here. We need a clarification on house sizes that they were proposing because there were some different sizes throughout their submittals. Meridian City Council Meeting August 15, 2000 Page 30 They had initially shown under recommendations, the minimum residential house size as 1,400 s.f. on the plat, but all that was crossed out with a pen and showed 1,300 s.f. and the application itself indicates a square footage of 1 ,100 s.f. In the response I got today, it shows they're requesting to comply with the R-8 standards, which states no dwellings shall be less than 1,000 s.f., but in order for them to get this reduction in the square feet, they need to show that on the plat. It needs to be included in the preliminary plat approval, is actual showing of the lots that you are proposing to be less than the minimum square footage of 1,300., The lots in the adjacent subdivision, Dakota Ridge, this has a 1,500 s.f minimum requirement. All of the surrounding area of Wilkins Ranch has a 1,400 s.f. minimum,10We would not recommend approval of this plat without nailng down some of those issues and having them actually propose, show the Council what they are proposing for the lots. We'd all��11�:lso like as part of the conditional use permit, that they show the actual site of that mobile unit and there be some definite time frames on removing it. Corrie: Questions from staff? Developer.? Arnold: My name is Steve Arnold, B riggs Engineering. I a m here representing the client, Steiner Development on Wilkins Ranch Subdivision. Brief description of the site, we are proposing 48 single family dwelling lots on approximately 10. 19 acres. Project's on the south side of Ustick Road, west of Ten Mile Road. We are adding a center turn lane for this project, because of a former staff member did not recommend it for the entire project,, Going around the site, we are pr oviding a extensive landscaping on the east, the north boundary on Ustick Road, we are allowing 25 feet of buffering, the ordinance i's requiring 20 feet. We are providing 20 feet of buffer feet on the internal residential collector roadway. There is an existing single family dwelling and as the ordinance states now, there is a set back requirement of 15 feet. We would like a two foot variance so we can help maintain some of this landscape buffering. We are providing 1.09 acre pocket park site with a quite a bit of landscaping and playground issues. Around the development, we've got Wilkins Ranch which was previously approved by P & Z and the City Council, to the south we've got Lake at Cherry Lane No. 9, Dakota Ridge to the East, those lots are ranging from 8,000 to nearly 3/ of an acre down at the Lake at Cherry Lane No. 9. At the previous Council meetings, we were trying to get approval of R-4 zone. In the Ra -4 zone, with the density bonus the way we interpreted it, you are allowed 4 units per acre. This is a ten acre site, 4 units in a 10 acre site, you get 40 dwelling units. At the last P & Z meeting, the staff noted that there are some discrepancies in the ordinance as it ertains to density bonuses. There is also the issue with the reduced lot frontage from the 80 feet to what we are requesting approval for 52 feet on this site. Also the minimum house size for the lot is 1,400 s.f. There's no provision in the ordinanceat allows for reducing the size of the home in the R-4 zone,, At that meeting, it was recommended byCity staff that we apply for an R-8 zone., The way the density bonuses were being interpreted was if we applied for a density bonus, we would be required to request several variances, 1) the frontage, 2) the Meridian City Council Meeting August 15, 2000 Page 31 minimum house size and as the City saw it, the minimum lot size as well. We interpreted that we are at 48 lots, we feel that based on the interpretation of ordinance, we are allowed 50 dwelling units. So we thought we were only at a 17% density increase while providing a pocket park. It was recommended at the last P & Z meeting, that we apply for an R-8 zone and also go in for the density bonus. Under the density bonus for the site, the only variance we would be requesting is the variance on block length. We felt, under our interpretation, was that was what we would be allowed. We are recommending that for the smaller home sizes here, this is a larger development, there's not too many homes at this size. The development is seeing the demand for smaller h omes and smaller 1110t!3 based on demand. We are trying to get some mixed density, part of it is marketing. His other option is to come in here with the R-4 zone, go the 8,000 s.f. minimums and eliminate the pocket park. We didn't like that, the pocket park allowed for some nice amenities in this development. It also will provide some amenities to Wilkins Ranch. We are requesting that we are allowed to do some smaller homes and smaller lot sizes based on the R-8 zone. The R-8 zone is being requested so that the variances are not required. The only variance VIVO uld be on block length. We are not going to put crummy little homes in there to destroy from the nature of the other parts of the development that we are spending quite a bit of money on so it looks nice for marketing of the homes. We would request that the City Council approve the proposed zoning and/ or grant the variances which they are for. I believe the client will be starting out at approximately 1,200 s.f. and the ordinance requires 1,000 s.f. The mobile home will be removed once a building is completed. If this needs to be eliminated, w e request the Council to approve the removal for tonight. Bird: On the mobile hll��)me, you say leave it there until the first home's built. What happens'if that home sells? I think we need to put a time limit on it,, Arnold: There's no problem. If you want to put it in months, we have no problem with that. deWeerd: You would build the first home as a sales office. Is that what I hear you saying? Arnold: If it's conditioned that we have to eliminate the mobile home, we will. Put a time limit and then we're forced if that's a concern of the Council. deWeerd: Then I understand that you need a variance with the existing house and then a variance on the block length. Arnold: Correct. deWeerd: Have you applied for those? Meridian City Council Meeting August 15, 2000 Page 32 Arnold: Those have not been applied for. My understanding of the process is those are applied for and approved prior to final plat. deWeerd: I think we've been hearing all night that we kind of like to have the variances at the same time as we move on the CDP and the preliminary plat. Corrie. Are all your questions answered? Is there anyone else that would like to issue testimony? Council, questions? Stiles: If they are proposing less than the 1,300 s*f-91 I would like to see that shown on the plat. As far as the existing house set back and the block length, can't that be approved or not approved as part of the conditional use? It allows for variances, either way. I would think as part of the conditional use permit, either you approve the conditional use permit with what they proposed, or you tell them they've got to put in another stub. I can't see how they can with the south development. My main concerns would be with house size and the mobile home. I guess I would recommend that is you want to approve the conditional use permit as shown, that you don't require a block length and house set back variance and include that as part of the terms of the conditional use perml*t- Bird: On the preliminary plat, do you want all of that included before we approve it? Stiles: I would like to see it. The preliminary plat is the plat and there won't be all these issues to deal with on the final plat. Bird: We need to approve this as a package, so if it's a preliminary plat hanging it up, then we would have to continue all three of them. Just bring them in as a package. deWeerd: Could you at least give the applicant some direction as to just forget the mobile home? Bird: I say we give him two months after development starts,, Do you want to continue these as a public hearing ? Continue these until September Stn 4 Corrie: Does the applicant know what we are asking for? Arnold: What I think I understand we are doing is we are differing this to show where we are putting the mobile home and the smaller home sites preliminary plat. We request that we close the public hearing and and myself work out the exact location, etc. Obviously we would to the final plat approval. on the have the client l ito put iket off Bird: I think you should work with the staff but I have a problem closing the public hearing, because if we need to get something out to the public again and it Meridian City Council Meeting August 15, 2000 Page 33 needs to be changed, it's not going to take any longer. new testimony entered, it will be continued, shut and everything has been worked out to their satisfaction. If there's nll,DtDging tD be voted on if the staff says Arnold: If it was just the mobile home, I would say get rid of it so we could get our approval. We will work with the City staff on this. Corrie: Other discussion ? Stiles: I would ask legal counsel if he had a problem with including the variances to block length and set back on that one home on the PUD. Smith: I would have to look at the PUD ordinance. I'm not real familiar with that one and see if, my guess, probably not. We've got a plat, you've got the CUP process, and if we can figure out a way to do it given the relatively small size of this development, I think we can figure out a way to take care of it in one. They can note everything on the revised preliminary plat. Bird: With no further testimony, I move that we continue the public hearing for the annexation and zoning of 10.19 acres from RT to R-8 for the proposed op Wilkins Ranch Subdivision planned unit development by Sterner Corporation and the public hearing for the request for preliminary plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for the proposed Wilkins Ranch Subdivision and the public hearing for request for conditional use permit for the proposed Wilkins Ranch Subdivision planned unit consisting of 48 single family lots ranging from 5, 252 s.f. to 9, 525 s.f. to September 5, 2000. deWeerd: Second. Corrie: Motion hall eenedmovand is to continue the public hearings on Items 13, 14, and 15 until September 5th. Further discussion.? All those in favor of the motion, say aye,, MOTION CARRIED: THREE AYES, ONE ABSENT Item 16. Public Hearing: VAR 00-016 Request for variance to decrease the number of 3 -inch Caliper trees due to the unplantable area (irrigation and sewer easements) b'11 Bob L. Albrecht and Wayne E. McDonald —East 5th and King Street: Cor'a rie: Item 16 a public hearing in request for variance to decrease the number of 3" caliper trees due to the unj lantable area, irrigation, and sewer easements by Bob Albrecht and Wayne McDonald. I open the public hearing, staff comments first. Meridian City Council Meeting August 15, 2000 Page 34 Stiles: The applicant has requested a reduction in the number of 3" caliper trees required for their site. They are currently being constructed on, but they do have 3" caliboundal per trees on the southern and adjacent to East 5th Street. They do have some trees within there. They have maximized the number of trees they can have for the area available. There is an i'rrigat'ion easement running along the western and southern boundary. I would like to see how they are going to provide those trees if they get approved for the variance and they have to have the number of trees that are shown on this plan, where else they might provide those? This application shows that they have 23,501 s.f. of paved and sidewalk areas which would require 16 trees and they are showing 19. f guess I don't know what they are asking for. Corrie: Why don't we find out what the applicant is asking for and then we can come back to that? Stiles: I guess I need the applicant to southern boundary or what. It doesn't that they require a variance,, tell me that can't do any of that on the appear with the plan they 'vbmitted e su Albrecht: My name is Bob Albrecht. What we are trying to do here is what everyone else does, which is get away with as little as we can., A couple of things that are not showing up on the 8 '/z X 1 1's, what we tried to do, with the easements, we have been in communication with Nampa-Meridian Irrigation District and they will not allow us to do any plantings on the easement. They have a 40 foot easement on the south boundary on the property. In addition to that, there is a 20 foot sewer easement. Unfortunately they do not lie within each other, the sewer easement takes 5 more feet of the property than the Nampa - Meridian. So there is a 45 foot area. Along the back, there's a 40 foot sewer and irrigation easement there. The problem is that in the back part, the sewer easement runs in conjunction with the irrigation easement and the Men dian Sewer District will not allow any tree planting in a sewer easement. On the south side, the sewer easement is far enough away is that the landscaping in addition to the deciduous tree shown, shall consist of shrubbery, hibiscus, sod, bark, irrigation sprinklers. That doesn't sound like anything fe h e. We have the trees as shown in front of the property, that would be the 3 " caliper trees. We are 9 short, we are seeking landscape curbing and tall growing shrubbery along that south boundary,. Nampa-Meridian will allow shrubbery in their easement, but not trees. Bird: Shari, what would be feasible? Albrecht: We would really like to do the shrubbery on the south boundary as a buffer. The building adjacent to it, the back is not used for anything, it is weeds. We are not going to occupy this building, we currently occupy the building two doors up. This buildingis going to be for lease. We are interested in the curb appeal. � k Meridian City Council Meetir'[y August 15, 2 Page 35 Corrie: Anybody else to issue testimony? Any other questions? Kuntz: The City would be willing to accept those trees as a donation if it would make the applicant feel better,, deWeerd: I move that we close public hearing. Bird: Second. Corrie: Motion has been made and second to close public hearing. Any further discussion ? All those in favor, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT deWeerd:9 I move that we approve the request for number of trees to ten and to provide a shrub border line for Item 16. Bird: Second,. Corrie: Motion has been made and seconded decrease of the number of trees to ten and shrubs property line on Item 16. Any further discussior? please. variance to decrease the along the south property to approve the variance of along the south side on the Hearing none, roll -call vote Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 17. Public Hearing: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an ImaL zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Continue public hearing to September 5, 2000 Item 18,aPublic HearingPP 00-015 Request for Preliminary Plat approval of two building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an I -L zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Corrie: Item 17 and 18 is an annexation and preliminary plat for Elliot Industrial Park Subdivision and the public hearing, we will open the public hearings at the same time. I will open the public hearing on Item 17 and 18 . Meridian City Council Meeting August 15, 2000 Page 36 Stiles: This is for a property that would be behind D & B Supply, north of Wilson Lane. This is the Econo-Lube Subdivision and th'i's would be Chelsea Square, is how it was approved. I think it's called Elm Park. This is where Wilson Lane dead ends. The Settlers Canal runs through and there is the Jackson Drain. We would take exception to the recommendation to City'Council for the annexation and zoning on page 2, Item 11. We would also like the annexation and zoning conditions of approval to reflect condition to provide easement and construct a pathway along that Jackson Drain in accordance with our comprehensive plan recommendations. We do have a letter from Barbara Mile who owns this property here that she is opposed to zoning the property light industrial with no grid system other than what Wilson Lane provided. Those are the annexation and zoning comments that I had. deWeerd. On the Jii�ackson Drain, doesn't that cover on page 2, 1. 1? Stiles: It's just a recommendation, it's not actually putting any conditions on the annexation., The applicant have had some preliminary discussions that they would like to leave the Settler's Canal open. They have some unique users that op 4k they are considering for this property. On the plat, one of the conditions of approval did ask for some revisions of the plan. I don't think any of those were significant. There was a request in the recommendation to the City Council from P & Z to submit a revised plat showing all existing and proposed easements because they have not seen a revised plat. On the recommendations of the plat, page 1 , Item 5, that sentence needs to be completed. We would like tc) have the revised plat submitted as a requested in order for that to go forward. On page 4, Item 1.12, the applicant can also address this in more detail, I believe they are opposed to the pathway. In the recommendation to the City Council, page 5, I have a note from Brad, the last of the paragraph right above 1.14, the P & Z motion modified this. I don't know how they modified this. Corrie: Item 17 and 18 is an annexation and preliminary plat for Elliot Industrial Park Subdivision and the public hearing, we will open the public hearings at the same time. I will open the public hearing on Item 17 and 18. Stiles: This is for a property that would be behind D & B Supply, north of Wilson Lane. This is the Econo-Lube Subdivision and this would be Chelseaquare, is how it was approved. I think it's called Elm Park. This is where Wilson Lane dead ends. The Settlers Canal runs through and there is the Jackson Drain. We would take exception to the recommendation to City Council for the annexation and zoning on page 2, Item 11,, We wi�:!111)uld also like the annexation and zoning conditions of approval to reflect condition to provide easement and construct a pathway along that Jackson Drain in accordance with our comprehensive plan recommendations. We do have a letterfro Barbara Mile who owns this Meridian City Council Meeting August 15, 2000 Page 37 property here that she is opposed to zoning the PPYroert light industrial with no grid system other than what Wilson Lane provided. Those are the annexation and zoning comments that I had. deWeerd: On the Jackson Drain, doesn't that cover on page 2, 1. 1 ? Stiles: It's just a recommendation, it's not actually putting any conditions on the annexation. The applicant have had some preliminary discussions that they would like to leave the Settler's Canal open. They have some unique users that they are considering for this property. On the plat, one of the conditions of approval did ask for some revisions of the plan. I don't think any of those were significant. There was a request in the recommendation to the City Council from PLANNING & ZONING to submit a revised plat showing all existing and proposed easements because they have not seen a revised plat. On the recommendations of the plat, page 1, Item 5, that sentence needs to be completed. We would like to have the revised plat submitted as a requested in order for that to go forward. On page 4, Item 1.12, the applicant can also address this in more detail, I believe they are opposed to the pathway. In the recommendation to the City Council, page 5, I have a note from Brad, the last of the paragraph right above 1.14, the PLANNING & ZONING motion modified this. I don't know how they modified this. I need some clarification on this, I have one plan that has 2 lots, and one that has 4 lots. This is showing the conditional user permit, what they are proposing for landscaping. This would be Wilson Lane here, they are proposing a public road, no. They have a minimum 30 foot frontage requirement, so this is just proposed as a flag lot. That doesn't look real good. This i s an elevation of the proposed building. The prospective is a little hard to get the feeling of that. Corrie: Any questions? Applicant? Nickel: My name is Shaun Nickel, Hubble Engineering. I am here tonight representing Chuck Elliot and the development of this industrial park. I will tiy ti:) be brief. I don't have a current report in front of me that you are looking at. This is an annexation request, a rezone to IL, conditional use permit, and a preliminary plat application. You did receive recommendation for approval from both your staff and PLANNING & ZONING commissRk ion for the applications in front of you this evening. Regarding the general requirement No. 1, tiling of the canal. We have met with the district and we are going to tile that, so we are not asking for a variance. Under No. 3 on the annexation and zoning regarding the multi -use pathway and easement dedication, we are not in objection to applying that to this subdivision, however, a concern that came up was whether that easement and pathway was going to be on the north or south of t hat drain. Some thought it might be on the south side of the drain. I need the staff to address this. We are under the understanding that the irrigation district would allow us to provide that within their easement. The other issue that came up was the requirement fora 20 foot wide landscape strip along the eastern boundary. Meridian City Council Meeting August 15, 2000 Page 38 Since this is not a PUD application, the 10 foot reduction would require a formal variance application to be submitted to the City Council. The PLANNING & ZONING shall give some direction to staff and the Council regarding the requested with reduction and include the variance requirement as part of the motion to approve the plat. What we are asking for, we are asking fora 10 foot reduction strip on the eastern boundary. We have met with the adjacent property owner have come into agreement on the type of trees and the distance the trees would be planted to help buffer the proposed use from the existing and future uses on that eastern parcel. Lot one of the subdivision would be the new location of Butte Fencing. We are asking for the zoning to be light industrial zone division. deWeerd: Shari said a revised plat was needed and it has not been received. It has been requested. Nickel: I was not aware that it was supposed t�0 be turned in prior to this meeting. Vve do have that revised and I could submit that to staff tomorrow morning if necessary. Stiles: We wanted the new plat because this one doesn't show the easements and that's required by state code. Nickel: We would agree to condition of approval for the final Piat for that obviously to be shown. Some of the confusion that might have come up, is that originally submitted an application for a four lot subdivision, but we then we resubmitted as a two lot subdivision,, So that is where the confusion was with the highway district. deWeerd, You mentioned that you were working with the property to the east on the buffer. Nickel: That is correct. That was one of the issues that we felt might preclude the Council from granting a variance would be the effect that lessen that buffer might have on that r)r�:111)r)erty till the east. deWeerd* P & Z did not want to act on reducing that. Ni ckel: They said they didn't want to talk about. They wanted to differ it solely to your Council. C orrie: Any one else like to issue testimony? Baker: My name is Matt Baker, Dennis & Baker Associates. We are the properly owners to the east and to the south, we have approximately 120 acres total in our land package and we are working on adding some more. We had worked out an agreement with the applicant. "Trees of 20 feet on center on the east side Meridian City Council Meeting August 15, 2000 Page 39 of our property, trees will alternate between 3" caliper deciduous and 8' tall conifers, either Austrian Pine or Scotch Firs. Most of the deciduous trees will IIIIIIIII)e shade trees', except some ornamental more toward the front of the property.. The fence will be 6' along the entire east boundary of lot 1, block 1 and same for lot 2, block 1 when developed." We don't oppose this agreement. Corrie: Any one else? Counsel, questions? Bird: Regarding the preliminary plat, without the right plat being in our hands, I do not want to enact upon it tonight. Not that the people won't do what they stated they have, I think we are opening ourselves, Council, for a can of worms. I don't like postponing these things, I personally, until we receive a preliminary plat with the easements, etc., I don't want to enact upon it. deWeerd: I would agree with that. Elliot: My name is Chuck Elliot. We didn't even get notice that we needed that change in plat until yesterday. I wasn't n oticed that I could pick the paperwork up until yesterday. Therefore, we couldn't get it isn time. Bird*. Was that our staff that just notified you yesterday that they needed the new one? Elliot: It wasn't this Staff. I was informed that it would be available for pickup yesterday. deWeerd: I believe, Shari, that it was not in your staff comments dated July 14tH that that was needed? Elliot: So when was I suppose to be able to pick up the paperwork if I was not notified until yesterday? deWeerd: This would have been submitted to the applicant. This would have been prior to going to Planning & Zoning Commission that you got these comments. The easement issue is a state code requirement that we don't know how it's going to impact this side or your lots, so we would really like to see that. Stiles: It's noted on page 5 of the July 14th staff comments. Nickel: Yes, number 7 was given to us on July 14th, however all it states is submit a revised plat showing all existing and any proposed easements. No easements are currently shown for the Settler's Canal and Jackson Drain. It does not state when those needed to be submitted. That's usually a requirement prior to final plat. I believe that's all Shari needs for her to move this plat forward. I t is state code that we show those on a final plat and I don't believe those easements, especially now that we are tiling the Settler's Canal, we have agree d Meridian City Council Meefin':"-g August 15, 2000 Page 40 to provide the pathway along the Jackson Drain. I don't believe those easements not being on the plat would affect what we are going to show on the plat we are going to submit. I would request that we be moved forward tonight and we will get her that final plat. It's not going to affect the two lots in design or layout at all. Bird: Also :)n the landscaping, we haven't filed a variance on that? Nickel: I think that's why w e are here tonight to discuss from what I understand from reading your agenda. P & Z Commission should give some direction to staff and Council regarding the request with reduction and include the variance requirement asPart of the motion to approve the plat. The way I read that is that it would be a requirement that we come back and submit a variance prior to the final plat being approved. Could we get the preliminary plat approved with the 20 foot requirement and then come back to the Council and request the 10 foot variance? Nichols: The 20 foot i's the ordinance requirement. Stiles: I have a problem acting on a variance after they have approved a plat. You are changing plat requirements, changing development agreement requirements, changing conditions of annexation, all of those will be included as part of the approval. That's what makes it cumbersome for us, if you are changing things after the fact, then you've changed the public hearing comments and most of the findings would change as a result of the variance you are asking for. Nichols: Shari, is it usual process to ask for a variance together with a preliminary plat? Stiles: With the plat. Usually we do get the variance with the application for the plat. Not always, but we ask if they are requesting any variances. deWeerd. It seems like we've held up several applications tonight because we didn't have the variance request with the application,, Nickel: When we did submit the original application, we did ask for a waiver to that requirement. But because we didn't have a PUD, that's why I kicked it to the variance. We did ask for that originally with our application, the variance of that requirement. Stiles: Where would you be requesting that, on the east or the west or both? Nickel: East. Stiles: I don't think there's a ny doubt that that's going to remain residential there. Meridian City Council Meeting August 15, 2000 Page 41 Nickel: I don't think it was required to do this on the west, just the eastern boundary because of the compatibility issue. Stiles: The way that planning strip ordinance is written.. Nickel: We are not reducing the requirement of the 10% open space on that lot. We've made up for that in other parts of the lot. We need that 10 foot variance for landscaping. Stiles: The way that reads in the ordinance it says " planning strips shall be required to be placed next to incapable features such as highways, railroads, commercial or industrial uses, to screen the view from residential properties. Such screening should be a minimum of 20 feet wide and shall not be part of the normal street right-of-way or utility easement. There are other issues that I still believe we need a revised plat before acting on this. As far as the 20 foot planning strip requirement, can we maybe do something similar to what we did with Observation Point and that if they can get a letter from the property owner adjacent to them, that they accept the 10 feet with the trees 20 foot on center as their buffer, we'll forego the variance requirement or am I getting out of line?. It may be residential now, but you don't know what it's going to be. It's for the adjacent residential use, I don't know. Nickel: We do have an agreement from the property owner accepting that. Bird: Mr.. Nichols says that we could take care of this variance in the conditional use, but then it's still the preliminary plat being changed again. There's never been a formal variance request to us on this. The only hold up tonight is this preliminary plat that's not showing the easements and stuff. Is that right, Shari? Nickel: If we brought this back on the 5th, would that give us enough time to bring the variance forward with it? Stiles: We have a notice requirement for those variances. It would be the 19th if you got something in the next day or two,,, Nickel: If that was the case, if you could approve the conditional use permit tonight, and delay the preliminary plat until the 5t", we would be happy to submit a variance and to resubmit the preliminary plat with easements, get the comments from the In districts, bring those back to you on the 5th and hopefully we could get that approved tonight. The applicant j*s more concerned about getting his conditional use permit approved so he can get his building. Bird: We need to get the annexation and preliminary plat before we can do the conditional use. Let's solve it if there's a way to solve it. We do have three weeks between now and the St0 n Meridian City Council Meefi`hg August 15, 2000 Page 42 Smith: There ought to be a way, if the ordinance doesn't provide for it, then we need to change the ordinance to allow the an plicant to Come in and submit a preiminarylplat application, variances with regard to specific aspects of the zoning ordinance because of the sites specific conditions. We can look at the zoning ordinance to try to change it, but right now we are saddled with the one we have. The one we have has a 20 foot buffer strip requirement in it. It would be my preference that we could do and if it was agreed. I'm not sure you can do In it under the existing ordinance.. Stiles: There are homes right next to that,, Nickel: There is one existing home on the east. It is just a rental. How long do we need for the notice of the variance.? Stiles: It needs to be fifteen days, but we that's like a week before it's published. I op Tuesday for a Friday publication. have a deadline to get it into the paper think we have to have the notices in by Nickel: We have 20 days from tomorrow, that would not be enough time"'? Stiles: The deadline's Monday to get them in Friday. deWeerd: Is there a chance that we could continue this until September 5th, and have the attorney look into this 1*n the morning and let Shari* know if we do need the variance, then Shari* can contact the applicant if the variance is required. On the 5 t" , we'll just continue it until the 19th. Is that a possibility ? Smith: It is a possibility. If I understand what you are suggesting, would be that th you continue the hearing until the 5of September, if we can proceed without a formal variance application, then the matter would be finished on the q th. If I conclude a formal variance application is required after consultation with Ms. Stiles, then we would just have a notice prepared to have the hearing on the 1 gtn 1 which would give enough time for publication of the notice. Then on the 5th we would announce that it is continued to the 19 t". It would be contingent, the 1 9t would be contingent on the deal. Corrie: My gut feeling is this is going to be the 19th. I think the attorney can look at it. Bird: I feel sorry for the applicants that we keep continuing these. If we do it for one, then we've basically have to do it for all ohem.. I make a motion to continue the public hearing for request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision and the public heanng for the request for preliminary plat approval of two building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision until September 5, 2000 and that the attorney and Meridian City Council Meeting August 15, 2Q00 Page 43 Planning & Zoning Director get together, get to the applicants what they need, and if at possible, see if we can get this all settled on September 5, 2000. deWeerd,.V Second. Corrie: Motion has been made and seconded that we continue the public hearing until September 5, 2000 with attorney and staff getting together and see if they can wrap it up on the 5thAny other discussion? All those in favor of that motion, say aye. MOTION CARRIED,* THREE AYES, ONE ABSENT Item 19. CUP 00-033: Request for Conditional Use Permit to construct office and shop for proposed Elliot Industrial Park Subdivision in an 16-tL zone b y Chuck Elliot, The Elliot Group —soU th of Fairview Avenue and east of Locust Gri��:)ve Road on Wilson Lane: Corrie: Item 19 is a request for conditional use permit for proposed Elliot Industrial Park Subdivision. Bird: I move that we table the request for conditional use permit to construct office and shop for proposed Elliot Industrial Park Subdivision unt49 il September 5, 2000. deWeerd.* Second. Corrie: Motion made and seconded to table the request for conditional use permit on Item 19 on the Elliot Industrial Park Subdivision conditional use permit until September 5th. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 20. CUP 00-039 Request for Conditional Use Permit for construction of an Arby's Restaurant with adrive-thru on property in an I -L zone by The Bailey Company & TFCM Associates, Ltd. — Pad P-2 within Meridian Crossroads Shopping Center, southeast corner of Eagle Road and Fairview Avenue: Corrie: Item 20 Restaurant with a TFCM Associates first. is a conditional drive thru on the Limited, southeast Stiles: Thi s is a proposal for an Presidential and Eagle Road and use permit for construction of an Arby's property a IL zone, Bailey Company with corner Fairview Avenue,. Staff comments Arby's on the southeast corner of East the are also in the process platting a Meridian City Council Meeth...,, August 15, 2000 Page 44 subdivision for thepeprorty south of Presidential Drive. We have reviewed the application and would recommend approval with all staff and agency conditions. Cor0 rie: Applicant? Bonds: My name 1*s Tom Bonds, Dakota Company. It is my understanding that this is not a public hearing. We've read through the staff recommendations and we are in full agreement with all the conditions of approval. I would like to point out that a lot of the conditions of the ACHD that are itemized in the recommendations have already have been completed at this time and they were part of the original conditional use permit application. We are continuing to go on the improvements that are required on the Fairyiew and Eagle intersection and also the Pine Street extension and traffic light are in design process right now and hope to start on construction of both of those yet this Fall. Corrie: Any questions.? I will entertain a motion for the conditional use permit requesting Item 20. deWeerd: I move that we approvethe request for conditional use permit for construction of an Arby's Restaurant with the drive thru on the property in an IL zone by the Bailey Company and the TFCM Associates LTD, pad P2 within the Meridian Crossroads Shopping Center to include all staff comments, ask the attorney to draw up findings of fact and conclusions of law and decisions of order. Bird-,* Second. Corrie: It has been moved and seconded to approve the conditional use permit for construction and all items stated in the motion and that the attorney draw up the findings of fact and conclusions of law of such. Any further discussion? Hearing none, roll -call vote please. Roll -call: deWeerd1Ye; McCandless, aye; Anderson, absent; Bird, aye A IOTION CARRIED: THREE AYES, ONE ABSENT Item 21. FP 00-014 Request for Final other lot on 6.68 acres (Stokesberry Subdivision) between Fairview and Ustick: Plat approval of 8 building lots and 1 for Carol Professional Center )y J -*U -B Engineers -Eagle Road Corrie: Item 21 request for final plat approval, 8 building lots and one other lot with 6.68 acres for Carol Professional Center, JB Engineers, Fairview anstick . Staff comments. Meridian City Council Mt::e-,,,,d August 15, 2000 Page 45 Stiles: This is for the property immediately east t n e w elementary s chool o ff of Eagle Road. The applicant has left, but I told him that they would be okay, I hope. The only thing that we had an issue with is they're accepting dedication of right-of-way without anykid of approval from the City of Meridian. T did this entire road, this portion at 250 feet is School District property. They agreed to all of our conditions. We would ask that you would approve the final plat with the staff and agency recommendations. deWeerd: As far as the dedication from the School District, they have dedicated that ACHD, Stiles: They say they have. deWeerd: You can go ahead and sign off on this plat, right? Stiles: Gary can if all the conditions have been met. Corrie: Any other questions? I will entertain a motion Dn the final plat approval. McCandless: So moved. deWeerd: Second. Corrie: Motion is made and seconded to approve the final plat approval Item 21 with staff recommendations and sign off on the finallatpafteiwards. Any further discussion? Hearing none, roll -call vote. Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 22. FP 00-015 Request for final plat approval of 3 building lots on 20.78 acres for proposed Zaidien Zarua Subda Is ivision by Frank and Connie Stauts —east of 4280 South Eagle Road: 0 Corrie: Item 22 is a request for fiiaild l plat approval of three buing lots, on 20.78 acres for proposed Franklin County Stauts. Stiles.* We recommend approval. It county. is septic and wells, five acre lots in the Bird: I move that we approve the final plat of three buildings lots on 20.78 acres for proposed 11111111111 1111, Zarua S111 -a ubdivision, at 4280 South Eagle Road and for the attorney to d raw up the appropriate findings of fact and conclusions of law and decision of order,. Meridian City Council Mee,,... ,� ( August 15, 2000 Page 46 McCandless: Second. Corrie: Motion made and seconded to approve the final request on the attorney to draw up the proper orders as needed. Any further Hearing none, roll -call vote. Item 22 and d iscussion? Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 23. Time Extension: Request for sone-year time extension for Tremont Place Subdivision Nos. 1 and 2,m- Broadway and 8th Street (951 West Pine Avenue): Corrie: Item 23 is a time extension request for one year time extension for Tremont Place Subdivision, numbers 1 and 2, Broadway and 8th Street, 951 West Pine Avenue. Staff. Stiles: They are trying to schedule all pre-construction conference at this time, they don't believe the will be able to record the plat within the one year time frame. The original plat approval was September 21, 1999, so a one year extension would put them needing to record this at September 21, 2001 . Bird: I move that we approve the request for a one year time extension for Tremont Place Subdivision, numbers 1 and 2, Broadway and 8 t" Street, 951 West Pine Avenue. McCandless: Second. Corrie: Motion made and seconded to the request for a one year time extension on Item 23 be approved. Any further d iscussion? Hearing none, all those in favor ol the motion, say aye,, MOTION CARRIED: THREE AYES, ONE ABSENT Item 24. Water, Sewer and Trash Delinquencies: Corrie: This is to inform you in writing if you choose to, to have the right to a predetermined hearing at 7:30 p.m., Tuesday, August 15, 2000 before the Mayor and City Council to appear ion person to be Yjued in the facts claimed by the water, sewer and trash bill is delinquent. ou may obtain retain counsel, this service will b e discontinued on August 16, 2000 unless payme nt i s received in full. Anyone present who wishesto contest this water/ sewer delinquency? I erebh inform that you may appeal to have the decision of thill...y reviewed by the 4 Judicial istrict Court, pursuant to Idaho State Code. If you do appeal, the t Meridian City Council Meeting'' August 15, 2000 Page 47 water will be shut off, and the total amount listed is $40,215.02,, Any discussion? I will entertain a motion to approve the water, sewer, and trash delinquency. Bird,,,* I move that we approve the delinquency turn off for water and sewer for the sum of $40, 215.02. deWeerd: Second. Corrie: Motion made and s econded t 0approve the delinquency turn off list. Further discussion. Those'In favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 25. Department Reports: B. City Engineer —Gary Smith: 1. Western Electronics Site — Waterline Easement: Corrie: Gary you have a Western Electronics site easement we need to vote on. You've heard his request in Pre -Council Meeting, any questions? I will entertain a motion to have the water main easement to be signed by the Mayor and approved. Bird: I move that we approve the Western Electronics site water line easement agreement and for the Mayor to sign and the Clerk to attest. deWeerd: Second. Corrie: Motion made and seconded to approve the Western Electronics site water line easement., I am here to sign it and the Clerk t,,Illllliiii) attest. Any other discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT D. Parks and Recreation Department — Tom Kuntz: 1. Generations Plaza II: Corrie: I believe there is a request to approve the GenerationsPlazaa II to go on. Kuntz: Yes sir. Corrie: The request is. Meridian City Council Meeting August 15, 2000 Page 48 Bird: I have no problem. You are taking this before the Parks & Recreation Commission next Monday, right TO Kuntz: They have seen it already.. Bird: This is in the budget. I will make a motion that we accept this, have the Mayor sign it. Bring the contract back tD be signed. deWeerd: Second. Corrie:Motion made and seconded ti:) Rpprove the Generations Plaza II plan as presented by Tom Kuntz. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: The ACRD van route, I will put this in your box, but I've got about seven areas. This will be kind of a loop we are going through. Shari will bring up the land use planning by ACHD and our concern. Any other comments on the agenda? Bird: I want my five year Boise cost thing that I requested six months ago that I never got. I want to know how much they've got from Boise in the last five years and how much they've spent over there. Corrie.* Impact fees. Bird: Total prices like they show us., Corrie: How would I word this? Bird: Request costs of income and outgoing for City of Boise for the last five years. deWeerd: How they did it for us was cost and impact fees collected and then what the difference was. They should ours as a running total and showed where there was a deficit, and a deficit we had to use up. Corrie: Anything else? D. Parks and Recreation Department —Tom Kuntz: 2. Five Mile Drain Pathway: Bird: Mr.. Mayor, we forgot one thing under Tom. He needed approval on that irrigationPathway district licensing. I would move that 1e approve that for the Meridian City Council Meeting August 15, 2000 Page 49 Mayor to sign and the Clerk to attest once all conditions are met and re -wording is done. deWeerd: Second. Corrie: Motion made and seconded to have the district license after the City Clerk to have the Mayor sign and the Clerk to attest for the approval. Further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any thing else? Bird: Mr. Musser, we had requested at our budget hearing on Tuesday that the Police Department would go back and come back with an idea of how many officers, cars, and stuff that would be utilized that we we're not spending into dispatchcenter. 11113 there any possible way that we can see that next week.? Musser: I can see what I can put together. Bird: We would like to see a plan.. deWeerd: How does that work with the SROs? They get the additional monies from the School District, if we've set our cap, that would be income in and ... Bird: It has already been included in. deWeerd: How about the patrol officer bid? Are you getting grants on those too? Musser: Those were in conjunct'i'on with another hiring program grant. That was for four full time and two part time officers. Bird: Do not include the one from last year, the three this year and Norm's retirement,, They have already budgeted. Musser: They are accounted for currently in the budget. Corrie: Any thing else? Bird: This is the draft we got as the City Council and this ill the draft we are handing out to the public. Are we okay handing out that condensed version? Smith: I'm not sure it's appropriate to distribute a draft. Bird: We adopted this. We recognized this. Meridian City Council Meeting August 15, 2000 Page 50 Smith: I would have to look into it. One appears to be a summary draft and this is a full report. Bird: The big one is much more detailed. Smith: If both of these, both of these go together. Bird: We want the public to have availability to it. Smith: What should be distributed? Musser: The smaller, condensed version of the draft, is the initial draft covering points which were going to be further expanded upon and covered in the larger draft. Had a final draft been done, it probably would have been a wee bit larger than the big copy you have, which is the second copy. There is some correspondence that did accompany that, which came from the entity that was contacted to publish it. Basically they looked for a response from us, we provided that response, we were not able to come to an agreement amongst ourselves between Meridian Police Department and the WRYCOPS and what would be contained and whether or notcernns would I)e addressed. Smith: I'm a little uncomfortable that there are statements that are named and some are not named. I have some concerns about distributing this wholesale. If we've acknowledge the receipt of this report, didn't accept this, it probably constitutes a public record. deWeerd: I had never seen that condensed version. Bill: I haven't either,, I have read this one quite a few times. Musser: That shortened version is the initial draft. The process did consist of three d rafts * the initial draft, much more extensive drall.ft, and the final draft which would be considered a public document. Bird: The final was not published. Musser: Some of those items did include misrepresentations or erroneous facts that were produce the instrument. significant issues which were included in the methodology to deWeerd: Chief Gordon was at odds of what the final report should be and so WRYCOPS said the most recent draft goes. That is our final report and that's the only thing that we have seen. Smith: I can recall a meeting where this was discussed and Chief Gordon pointed out that there were significant problems with it and so that would have Meridian City Council Meeting'-' August 15, 2000 Page 51 been, this was dated October 22, 1999 and the meeting would have had to have been after December. So this would be more recent. Musser: I had two copies initially, have another one unless I pa�!s��,,��3ed Mayor if I am able to locate it. one was for my review and I do believe that I that 1�!n to the Chief. I will get a hold of the McCandless:, Didn't we approve getting another evaluation.? 4 Bird: It has been in the paper that we had a WRYCOPS Assessment and now public people are wanting to look at it. Corrie: We will see if we have a clean copy and have the City Clerk copy it. Any thing else? Bird: I move that we adjourn. deWeerd: Second. Corrie -0. Motion made and seconded to adjourn, all those in favor, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Adjourned at 12:15 a.m. MEETING ADJOURNED AT 12:15 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ERT D. CORRIE, MAYOR tet. rte' c BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VICTORY 41, LLC, FOR A VARIANCE OF THE 1 ,000 FOOT BLOCK LENGTH FOR PROPOSED OBSERVATION POINT SUBDIVISION LOCATED NORTH OF VICTORY ROAD AND EAST OF MERIDIAN ROAD, MERIDIAN, IDAHO VAR -00-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 18, 2000 and continued until August 1, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition at the Juiy 18, 2000 meeting, and appearing and testifying at the August 1, 2000, meeting were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, and appearing and testi fying with comments or concerns were: Lee Segnuller, Bon* s Martinez, and David Obarr, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions FINDINGS OF FACT AlD CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GAV / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISI ON of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and 0 Development Ordinances codified at Title I I Municipal Code of the City of Meridian and aH current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. .0 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11- 15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Victory 41, LLC, whose address is 6874 Fairview Avenue, Boise, Idaho 83704,. 4. The owners of the property are Victory 41, LLC, whose address is 6874 Fairview Avenue, Boise, Idaho 83 704, and Dean and Beverly Peterson, whose address is 780 E. Victory Road, Meridian, Idaho 83642. S. The location of the subject property is presently located i"n Ada County R- T zone, but &the Applicant is requesting zoning of Low Density Residential (R-4), in Case No. AZ - 0 0- 0 10, and which subject property is located at 5 0 0 and 7 8 0 E. Victory Road, Mend" lan, Idaho. 6.9 The legal description of the property appertains to the real property that is included vathin the Vicinity Map as appears in the record of proceeds of this matter, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-006 VICTORY 41,LLC/OBSE] ATION and is described as follows: A parcel of land being the SE 1/4 of the SW 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the SW 1/4 (south 1/4 corner) of Section 19, T. 3N., R. 1E., B.M. the REAL POINT OF BEGINNING of this description; Thence S 89°42'45" W 1,320.43 feet to the southwest corner of the SE 1/4 of the SW 1/40 Thence N 0°29'39" E 1,329,,84 feet to the northwest corner of the SE 1/4 of the SW 1/4* Thence N 89°44'30" E 1,322..27 feet to the northeast corner of the SE 1/4 of the SW 1/4; Thence S 0'34'26" W 1,329.19 feet to the REAL, POINT OF BEGINNING of this description; Said parcel of land contains 40.33 acres more or less. 7. The present land use of subject property is presently zoned as Ada County R Tj but the Applicant is requesting zoning of Low Density Residential (R-4), in Case No..AZ-00-mO10, which subject property is presently developed with one single family dwelling and accessory buildings. 8. The proposed land use of subject property is to develop the subject property in the following manner: A 91 lot single-family residential development. 9.0 That a vicinity map, attached hereto as Exhibit "A" , consisting of one page, of the,proposed scale approved by the City Council showing property lines, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION existing streets, proposed district and such other items as required have been furnished. 10.0 The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-5, ILOCIGS, and in the R-4 zone 14f granted the re -zone, which provides as follows: 12-4-5 BLOCKS.. Every block shall be so designed as to prov.0 ide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1)000') in length. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses maybe 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 there are three blocks (Block 1, 2, and 3) which exceed the maximum block length of 1,000 feet. The steep topography of the parcel warrants a design with east/west streets running parallel with the contours. The block lengths are excessive due to the inability to break blocks with a public street, because of the cut and fill which would be necessary.. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement that every block should be designed no more than one thousand feet (1 ,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANC-E / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION 14,, The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the resulting streets wouldb.e either too steep, or " cut" lento the elevated topography. 15.0 The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that it would be difficult to break up the block lengths within the interior because of the topography of the parcel. The property adjoining the west is a gravel pit,. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficultif no flexibility on block lengths were allowed. The proposed street design minimizes the amount of grading and disruption of the topography. 17,o The existence of special circumstances or conditions affecting the property is that the existing topography of the property is not a result of actions by the applicant. 18. Grantivan'ng the ance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-006 VICTORY 41 , LLC / OBSERVATION POINT SUBDNISION predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. 20. The variance would allow the applicant 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. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance iwniii prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this van* ance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1.5 The City of Ieridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION { provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Menothan City Code § 1 1- 18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 1 1- 1 5-5 and 11- 17-5. 4. A-pplication and standards for variances are set forthibn Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 1 1- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that 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 grantRinofg a specifiedvanance will not be detrimental to the public's welfare or injurious to other FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-006 VICTORY 41, LLC / OBSERVATION POE, T SUBDIVISION r ... .. x. ti f ?f 5t 4 .L property in the area in which the property is situated, and that such variance will not have t he effect of altering the interest and purposes of the Zoning and Development Ordinance 0 and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-4-5, BLOCKS, and in the R-4 zone if granted the re -zone, provides as follows,. 12-4-5 BLOCI 4m Every block shall be so designed as to provide two (2) tiers of lots, except where lots backonto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1 ,000') in length. - -,q % -3 "-% --X9j_1j1j MID a 1 IVN W- I V--LVI- 0 -ro 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: 1.0 That the Applicant is hereby granted a variance from the blockrequirements for Observation Point Subdivision in the proposed R-,4 zone. NOTICE OF FINAL ACTION Please,take notice that this is a final action of the governing body of the City of Me0 ridian. Pursuant to Idaho Code § 67-,6521 an affected person being a person who 4 has an interest in real property which maybe adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-4 Zone as provi'*dediln the Section 12-4-5 and may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARLkNCE / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SLfl3DIVISI I of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By a ction of the City Council at its regular meeting held on the 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COLJNCILPERSON TAMMY deWEERD COLJNCILPERSON CHERIE McCANDLESS VOTED l�www--Wll� day of VOTEID VO ED VOTED_ MAYOR ROBERT D. COME (TIE BREAKER) VOTED DATED: MOTION: 0'" Copy served upon Applicant, DISAPPROVED: 6 the Planning and Zoning Department, Public Worlcs Department., and the City Attorney office. B0 J� Dated: City Clerk msg/Z:\Work\MUMeridian 15360M\Victory 41 A -Z PP VAR\FfOsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER 01U DECISION GRANTINGAV / VAR -00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION AVE AO J;WDW dip I i 1 A _ Nip'.w MTWwinKu �1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RANDY WARE, THE APPLICATION F0R)ii NNEXATION AND ZONING OF 2. 2 9 7 ACRE�'!o PART OF LOT 13 OF VAN HEES SUBDIVISION, LOCATED ON THA.,WE"T SIDE OF CINDER ROAD, 1/4 MILE SOUTH OF FRANKLIN ROAD, MERIDIAN, C/C 08-15-00 Case No. AZ -00-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for pulli c hearing on August 15, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Randy Ware, appeared and testified, and no one appeared i*n opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION DO ERAPPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-01 4) k FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300' ) of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 August 15, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 6 7- 65 09 and 6 7- 65 11, and Meridian City Code §§ 1 1- 15-5 and 11-16-1. 3,9 The City Council takes judicial notice of its zoning, subdivisions and 0 development ordinances codified at Titles I I and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-01 4) 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 which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 2.297 acres in size and is located on the west side of Linder Road, 1/4 Miele south of Franklin Road. designated as Lot 13 of the Van I lees Subdivision. The property is 6. The owner of record of the subject property are Randy and Elizabeth Ware, of Boise, Idaho. 719 Applicant is owner of record, of Boise, Idaho. 8.0 The property is presently zoned by Ada County as R- 1, and consists of vacant land. 9.0 The Applicant requests the property be zoned as R-4 Low Density Residential. 104, The subject property is bordered to the east by the city limits of the City of Meridian and surrounded by single family residential parcels. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION + M FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14) 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area and i s defined in the Merid0 ian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: Construction of two single family residences. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application,. 16. Giving due consideration to the comment received from the governmental subdivisions provaiding seryices in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and zoning and Engineering staff as follows: 16.1 The requested R-4 zone is permitted and compatible with the 41P comprehensive plan designation of single-family residential. 16.2 The subject lots can be adequately served b y public facilities and the proposed uses shall allow for orderly expansion of the city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14) 16,,3 Any emesti*ng domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 Submit letter from the Ada County Street Name Committee, approving '6 the private road name. 16.6 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 16-07 Any future subdivision of this property shall require compliance with C4b ity Ordinances in effect at the time of resubdivision. 16.8 Provide copy of recorded warranty deed for dedication of additional 0 right-of-way on Linder Road prior to applying for building permits. 16.9 Due to the anti'ci'pated Linder Road overpass and associated traffic 0 levels, a minimum 20 -foot -wide, bermed planting strip shall be lk constructed. Both building lots are to access the private drive. Adopt the Recommendations of the Ada County H46b ighway District as follows: 16. 10 Dedicate 4 8 - feet of right-of-way from the centerline o f Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. 11 Construct a private road north of the south property line as proposed.. Pave the roadway a minimum of 2 4 -feet wide and at least 3eet beyond the edge of pavement of Linder Road and install pavement tapers with 15 -foot radii abutting the emsting roadway edge. The appli0 cant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 O F V,AN HFES SUBDIVISION (AZ -00-014) MPH and a maximum intersection approach grade of 2% for at least 40 - feet. 16.12 Street name and stop signs are required for the private road. Verification of the correct approved name of the road shall be required. 16. 13 ACD does not make any assurances that the private road which is a part of this application shall be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 16. 14 Provide a recorded cross access easement for all of the abutting parcels to the north and south to use the private road for access to the public streets prior to issuance of a building permit (or other required permits). 16.15 Construct a 5 - foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 175 -feet), within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 16.16 Other than the private road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 16.17 The road shall be a minimum of 20 feet wide. 16.18 Applicant shall provide a turnaround in Parcel 13B for emergency vehicles. Adopt the Recommendations of the Nampa Meridian Im9ation District as follows: 16.19 The District's Kennedy Lateral courses through the project and no encroachments shall be allowed without written approval from the Dista' rict. 17. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14 ) and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation,. 18-V It is also found that the development cons iderations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or i9 ntended character of the general vicinity, in -order to assure that the proposed use will not change the essential character of the affected vicinity and mail insure that the proposed uses will not be hazardous or disturb0 ing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY Y WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14 ) Plan of the City as follows: 20. 1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdiviisons responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Mendian's man-wmade environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community seryices are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and F ncti*onal site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. epropertycan bep si*call serviced with City water and sewer, IOf applicantexten s lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written '0 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 d aho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975codified at Chapter 65, Title 67, Idaho Code by the adoption of ` Comprehensive Plan City of Meridian adopted December 21, 1993, Ord,. No,. 629, January 4, 1994. 4.9 The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR)'NNE.. Ti ON AND ZONING/BY RANDY WARE ),I() ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 1 4) fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.03 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for .0 existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4,04 To provide housing opportunities for all economic groups within the community,. 4.5 To preserve and improve the character and quality of Menian's man-made environment while maintaining its identity as a selfIs - sufficient community. 4.06 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City.. 4167 To provide community seryices to fit existing and projected needs. 4-o8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is vi sually attractive, efficiently managed and clearly identifiable. 5-a The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 1 1-7-2 C as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14 ) LR -4) Low Density Residential District: Only sn9ile-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zondk ing of land is a legislative function, the City has autho0 rity to place conditions upon the annexation of land. See Burt vs. City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). The 7,0 The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-,4 which pertains to development time schedules and requirements; Section 12-4- 13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian.. 9. Section 1 1- 1 6-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property,, If a commitment is required or permitted, it shall be recorded i n the office of the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page I I 0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RANDY WARE 2.297 ACRES FART 0F LOT 13 OF VAN HEES SUBDIVISION (AZ -00-0 14) Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even i*f i*t is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest i*n the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment.. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1.0 The applicant's request for annexation and zoning of approximately 2.297 acres to.Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 210 The application is for annexation and zoning of 2.297 acres. The legal description shall be prepared by a Reg0 istered Land Surveyor, Licensed by the State of Idaho.,conformand shall 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 shall be required to abide and follow the conditions as stated below, otherwise the property shall be subject to de -annexation, with the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF L0T 13 OF VAN HEES SUBDIVISION (AZ -00-0 14 ) of Meridian, and which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and zoning and Engineering staff as follows: 3.1 The requested R-4 zone i*s permitted and compatible with the comprehensive plan designation of single-family residential. 3.2 The subject lots can be adequately served by public facilities and the proposed uses shall allow for orderly expansion of the city limits. 3,,3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 T'�Ivxvomhundred-fifty-m and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.05 Submit letter from the Ada County Street Name Committee, approving 'P the private road name. 3.06 Coordinate fire hydrant placement with the City of Meridian ' s Water Works Superintendent. 3.7 Any future subdivision of this property shall require compliance with City Ordinances in effect at the time of resubdivision. 3.v8 Provide copy of recorded warranty deed for dedication of additional right-of-way on Linder Road prior to applying for building permits. 3.9 Due to the anticipated Linder Road overpass and associated traffic levels, a minimum 20 -foot -0 wide, bermed planting strip 0 constructed. Both building lots are to access the private drive. shall be Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES FART OF LOT 13 -OF VAN HEES SUBDIVISION (AZ -00-0 14 ) f 3. 10 Ded"cate 48 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or 9 execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.11 Construct a p1* rivate road north of the south property line as proposed. Pave the roadway a minimum of 24 -feet wide and at least 30 -feet beyond the edge of pavement of Linder Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets 0 the public road. DstrictiPolicy requires a design approach speed of 20 1\4"PH and a maximum intersection approach grade of 2% for at least 40 - feet. 3.12 Street name and stop signs are required for the private road., Verification of the correct approved name of the road shall be required,. 3.13 ACHD does not make any assurances that the private road which is a ek part of this application shall be accepted as a public road if such a request is made iinthe future. Substantal redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 3.14 Provide a recorded cross access easement for all of the abutting parcels to the north and south to use the private road for access to the public streets prior to issuance of a building permit (or other required permits). 3,0 15 Construct a S -foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 175 -feet), within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 3.16 Other than the private road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited.. Adopt the Recommendations of the Meridian Fire Department as follows: 3.17 The road shall be a minimum of 20 feet wide. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION ANDO ERAPPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-014 ) 3.18 Applicant shall provide a turnaround i"n Parcel 13B for emergency vehicles. Adopt the Recommendations of the Nampa Mendian Irrigation District as follows: 3.19 The District's encroachments District., I<ennedy Lateral courses through the project and no shall be allowed without written approval from the 4-a The City Attorney shall prepare for consideration by the City Council lk the approp0 riate ordinance for the annexation and zoning designation of the real prope.rty which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 1 1-7-2 C. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the-enneeringgistaff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-2 1- 1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian., Pursuant to Idaho Code § 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 an nexation and zoning and who may within twenty-,eight (2 8) days after lk the date of this decision and order seek a judicial review as provided by Chapter 52, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WA. 1?, RE SUBDIVISION.297 ACRES PART OF LOT 13 OF VAN HEES (AZ -00-014) Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of j7ep�-f%�i��z- , 2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD C��1i��il► I�II: u��i► �'t:�J%�I�I ��: COUNCILMAN CHERIE McCANDLESS MAYOR ROBE�T D. CORRIE (TIE BI�EAI�ER) DATED: MOTION: APPROVE DISAPPROVED: day VOTED VO ED 60 1 VOTED��Gt,, VOTED VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. .,I,a``;'�`# wr Dated: msg/Z:\Workuvi\lvieridian 15360M\Ware Randy AZ�AZFfC1s0rder.wPd FINlliNGS OF NAS;"1' ANll CUNCLUSIUNS U.F LAW - Yage 16 AND DECISION AND ORDERG ING APPLICATION FOR ANNEXRLTION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ -00-01 4) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF R2 DEVELOPMENT, INC., FOR A VARIANCE IN THE PRESSURIZED IRRIGATION TO PERMIT UTILIZATION OF DOMESTIC WATER FOR LANDSCAPING FOR OLSON Sz BUSH NO. 2, LOCATED NORTH OF FRANICL,IN ROAD AND WEST OF EAGLE ROAD, (3084 E. LANARK) MERIDIAN, IDAHO 08-02-00 � VAR=00=0 1 i FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on'.August 1, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Richard A. Cook of Briggs Engineering, Inc., and Brad Miller, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 1 of 13 FINDINGS OF FACT 1. The City Council talc.. -es judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title I I Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 —January 4, 1994 and Maps,. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 1 1- 15-5 and 12- 1 1-3 as evidenced i*n the record of this matter. 3. The Applicant is R2 Development, Inc., whose address is 3084 E. Lanark, Meridian, Idaho 83642. 4,o The owner of the property is RZ Development, Inc., whose address is 3084 E. Lanark, Meridian, Idaho 83642. 5.5 The location of the subject property is located i*n a Light Industrial (I -L) District at 3084 E. Lanark, Meridian, Idaho. 6. The legal description of theeropprty apDertains 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: The North 600 feet of the following described property: A tra1 ct of land iinthe south half of the southeast quarter of Secton 87 Township dk 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VAI t E / VAR -00-0 11 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO,. 2 Page 2 of 13 Commencing at the section corner common to Sections 8, 92 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South 89 Degrees 32'West along the southerly line of said Section 8, a distance of 871. 18 feet to the Real Point of Beginning; thence continuing South 89 Degrees 32'West 300.00 feet to a point; thence North 0 Degree 28'West 290.40 feet to a point; thence South 89 Degrees 32 West 299.65 feet to a point; thence South 0 Degrees 23'53" East IA..,.80 feet to a point; thence North 72 Degrees 37' West 252.50 feet to a point; thence North 89 Degrees 14'West 110.30 feet to a point; thence North 74 Degrees 50'West 33.54 feet to a point; thence North 30 Degrees 02'West 35.29 feet to a point; thence North 6 Degrees 08'31 West 753.62 feet to a point on the southerly right-of-way line of the Oregon Short Line Branch of the Union Pacific Railroad; thence South 89 Degrees 02 " East along the. said right-of-way line 1074.86 feet to a point; thence South 0 Degree 28' East 1120,,14 feet to the Real Point of Beginning. Along: with any tenements,,, hereditaments and appurtenances thereunto belonging or in anywise appertaining to the premises as described in the Warranty Deed date August 15,, 1994. 7. The present land use of subject property 16s presently zoned as (ImL) Light Industrial Dist6 rict which is presently vacant land. 1 8. The proposed land use of subject property is to develop a lO lot industrial subdivision., 4. That a vicinity map, attached here -to as Exhibit " A", consisting of two 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. 5. The Applicant seeks a van* ance of the following provision of the Meridian City Code, §§ 9- 1-28 and 12--15-,2 N., PRESSURIZED IRRIGATION SYSTEM, and in the I -L zone, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 of 13 ORDER OF DECISION GRANTING A VA) t E / VAR -00-011 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Pressurized Irrigation System: System Required; Wavier; 1. In addition to the requirements of this Chapter pertaining to the domestic water system and its use, every residentially zoned lot, parcel or piece of land upon which a residential unit is, or will be, constructed, after the effective date hereof, shall construct, install, or connect to a pressurized irrigation system. In the case of residential subdivision 0 developments, a pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but not necessarnecessarilyin the same trenches., There shall be no cross-connections between the domestic water l ines and the irrigation water lines that do not comply with Chapter 3 of this Title. 2.0 Provided, however, the requirements of this Section maybe waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing imgation district. Be Standards: The City Engineer is hereby authorized and directed 0 to establish standards for pressurized irrigation systems and all pressurized irrigation systems shall comply with those standards.. co. Joint -Use Connection Of Irrigation And City Systems: No IN subdivision, or buiildng, lot, or parcel of land located within that subdivision, which subdivision, building, lot, or parcel of land, has a common landscape sprinklerr irrigation system being supplied landscape irrigation water from a source other than the City's domestic water system, shall be allowed to also connect its landscape spnrAder is system to the City's domestic water system. Provided 1* however, all buildings, lots, or parcels of land, within the subdivision connected to the common landscape sprinkler irrigation system may be allowed one joint -use point of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTINGAV C BY: RZ DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 4 of 13 connection to the City's domestic water system which connection shall have an approved backflow prevention device.. This joint -use connection shall only be to provide irrigation water during the time when the common landscape irrigation system has no supply of water. The off-* j on control valve of this oint use connection shall be under the control of the City Waterworks Superintendent,. 12-5-2 N. Pressurized Irrigation System: 1. System Installation Required: In each subdivision the subdivider shall provide by underground tile, or other satisfactory underground conduit, pressunzed imgation op water to each and every lot within the subdivision. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be i*n the same trenches. 2. Cross -Connections Prohibited: There shall be no cross - connections between the domestic water lines and the irrigation water lines that do not comply with I -'itle 9, Chapter 3 of this Code. 3. Approval By City Engineer; Waiver Of Requirements: All 0 such pressurized irrigation water systems shall be approved by the City Engineer.Prolvnided however, that the requirements of this subsection maybe waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. 4. System Provided By City: Also, the above requirement May, be waived if the subdivider either: a) deeds to the City land for a well, drills the well and places the well on-line with the City water system, including the necessary pumps, piping, valves, pressure equipment, and all other equipment necessary, and which well depth and capacity are determined by the City; orb) the sub -di vider deposits, gives and grants sufficient funds with the City to purchase all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTINGAV / VAR -00-0 11 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 5 of 13 necessary equipment to put the well on-line with the City water system. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions, rather than have several smaller wells of less capacity,. 11. All property owners within three hundred feet (300') of the external boundaries have been notified b y mai l, 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 property is zoned Light Industrial (I -L) and will have minimal landscaping. Two other nearby industrial subdivisions; "Lane Industrial Park" and "Railside" were granted the same variance being requested by the applicant. 13.0 The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement for pressurized irrigation and allow the ut1*1ization of domestic water for the minimal landscaping. 14. The difficulty or hardship which would result if the requirements of the sk ordinance were applied to the subject property, and the unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist are that it would place an undue financial burden upon the applicant to provide a pressurized irrigation FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 6 of 13 ORDER OF DECISION GRANTING A VAPJANCE / VAR -00-O 1 1 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 system for the proposed industrial subdivision where minimal landscaping is to be vided. IR7 Further, the subdivision CC &.s do not establish an owner's associationpr and therefore it would be difficult to maintain a separate irrigation system. 15. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because two other nearby light industrial subdivisions, Lane Industrial Parl<,,- and Railsi*de, were granted a variance from the requirement to provide a pressurized irrigation system,. Lane Industrial Park is approximately 100 yards away from the applicant's site. Phase I of Olson and Bush Subdivision was completed in 1988 without a pressurized irrigation system,. 16. The existence of special circumstances or conditions affecting the property is that the nature of the site is industrial use. 17. Granting the van" ance would maintain rights which would be afforded to others in.the same situation. 18.6 The Comprehensive Plan for Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-01 1 BY: R2 DEVELOPMENT, INC. / OLS I & BUSH NO,. 2 Page 7 of 13 delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. 19. The van*ance would allow the owner to mamnuze the potential site as it does not make sense to require a pressurized irrigation system in an industrial development with minimal Iandscaping. The individual lots will be provided with 41 .0 4' irrigation systems that utilize domestic water. 20. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 21. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. variance. 1. The applicant paid the fee established by the City Council for application CONCLUSIONS OF LAW The, City of Men* than has authority pursuant to the enactment of the Local Land Use Plann0 ing Act of 19 7 5 codified at Chapter 65, Title 6 7, and in particular, by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-01 1 BY: RZ DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 8 of 13 provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth ill Meridian City Code § 1 1- 18. 3.0 That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17m.,5. 4.0 Application and standards for variances are set forth in Meridian City Code § 11- 18-2, and the findings which are required are set forth in Meridian City Code § 1 1- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography,. the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance W1"11 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-011 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 9 of 13 property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. S. Meridian City Code, §§ 9-1-28 and 12-P5-2 N. PRESSURIZED IRRIGATION SYSTEM i*ll the I -L zone provides as follows: 9- 1-2 8 Pressurized Irrigation Systems. A. System Required; Wavier; 1. In addition to the requirements of this Chapter pertaining to the domestic water system and its use, every residentially zoned lot, parcel or piece of land upon which a residential unit is, or will be, constructed, after the effective date hereof, shall construct, install, or connect to a pressurized irrigation system. In the case of residential subdivision developments, a pressurized irrigation system shall be constructed andi"nstalled at the same time as the domestic water lines, but not necessarily in the same trenches. There shall be no cross - connections between the domestic water lines and the irrigation water lines that do not comply with Chapter 3 of this Title. 2.9 Provided, however, the requirements of this Section may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. B. Standards: The City Engineer is hereby authorized and directed to establish standards for pressurized irrigation systems and all 0 pressurized standards. irrigation systems shall comply C. Joint -Use Connection Of Irrigation And City Systems,. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-01 1 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO.. 2 with those Page 10 of 13 +flyM1 r } subdivision, or building, lot, or parcel of land located within that subdivision, which subdivision, building, lot, or parcel of land, has a common landscape sprinkler irrigation system being supplied landscape irrigation water from a source other than the City's domestic water system, shall be allowed to also connect its landscape sprinkler irrigation system to the City's domestic water system. Provided however, all buildings, lots, or parcels of land, within the subdivision connected to the common landscape sprinklerimgation system maybe allowed one joint -muse point of connection to the City's domestic water system which connection shall have an approved backflow prevention device. This joint -use connection shall only be to provide irrigation water during the time when the common landscape irrigation system has no supply of water. The off -on control valve of this joint use connection shall be under the control of the City Waterworks Superintendent. 12-5-2 N. Pressurized Irrigation System. 1. System Installation Required: subdivider shall provide by In each subdivision the underground tile, or other satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdivision. The pressurized isystem shall be constructed and irrigationnstalled at the same 0 time as the domestic water lines, but shall not necessarily be in the same trenches. 21D Cross -Connections Prohibited: There shall be no cross - connections between the domestic water lines and the irrigation water lines that do not comply with Title 9 , Chapter 3 of this Code. 3.0 Approval By City Engineer; Waiver Of Requirements: All such pressurized irrigation water systems shall be approved by the City Engineer. Provided however, that the requirements of this subsection may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VAI t I V 1 -00-011 BY: R2 DEVELOPMENT, INC. / OLS & BUSH NO. 2 Pagel 1 of 13 J L� ..., f} 1l •• J a 4. System Provided By City: Also, the above requirement may be waived if the subdivider either: a) deeds to the City land for 'D a well, drills the well and places the well on-line with the City water system, including the necessary pumps, piping, valves, pressure equipment, and all other equipment necessary, and which well depth and capacity are determined by the City; or b) the subdivider deposits, gives and grants sufficient funds with the City to purchase all necessary equipment to put the well on-line with the City water system,. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions, rather than have several smaller wells of less capacity. DECISION AND ORDER NOW, THEREFORE, B6 ED 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 ApplNo icant is hereby granted a variance from the pressurized irrigation system requirements for Olson Bush No. 2 Subdivision in a Light Industrial zone. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian,. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Pressurized 1mgation System Requirements in the I -L Zone as provided i*n the Sections §§ 9-1-28 and 12-5-.2 N., FINDINGS OFF CT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V / VAR -00-0 11 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO. 2 Page 12 of 13 PRESSURIZED IRRIGATION SYSTEM and may within twentymeight (2 8) 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 22000.0 ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERS ON TAMMY deWEE-.RD COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) It DATED: MOTION: APPROVE Copy served upon Applicant, Department, and the City At y< City Clerk i day of VOTED 4?2.r�� VO ED VOTED V /-� Gt.. VO ED VO ED \.PPROVED0 .0 45 the Planning and Zoning Department, Public Worl<.s .orney o ffice. ��t��ttsfe�fftor, � t r Dated.. s y msg/Z:\Work\M\Meridian 15360M\01son & Bush No.. 2\FfUsGrantVariance '' we 9Q 7 1$'� • .��z*1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 13 of 13 ORDER OF DECISION GRANTINGAV T C /VAR-00-011 BY: R2 DEVELOPMENT, INC. / OLSON & BUSH NO.. 2 + • t ! a ! y + f f y - '+. + ! f' • _} �t Y z •'■• + • i ■ `r �- ■a { i• y `!�{ y+ a a y. i f a i'+• • 't ` a+' 5 T + } : • * { a.a{� a ' M1 L• a, }+ + +! 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COMMERCIAL AVENUE, MERIDIAN, IDAHO Case No. CUP -00-038 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 comebefore the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Me0 No ridian City Hall, 33 East Idaho Street., Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shan" Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Dave Williams, appeared and testified, and no one appeared in opposition, and having duly consianmngdered the matter and the Pland Zoning Commission made the following Findings of Fact and Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M.. OHNSON DAVE WILLIAMS / CUP -00-038 Page 1 of 12 Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Comnussion, and belong fully advised iIF n the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that,. (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit maybe 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 when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions maybe 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; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMI'P SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 2 of 12 5) Designating the exact location and nature of development; requiring the provision for on-site or 49 .0 off-site public facilities or services; requiring more 0 restnctive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service deli very by any political sub -division, 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 §: 1 1- 17-2. 3. Idaho Code § 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 i*s known 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. 62 9, January 4, 1994. S. Prior to granting a conditional use permit in a Light Industrial (I -L) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 3 of 12 "Prior to approving a Conditional Use Pe=*t, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land i n Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Cornnussion." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 2000, before the City Council, the first publication appearing and written notice having been- mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP -00-038 Page 4 of 12 FF 4 r affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to 'P express comments and submit evidence. 2.8 There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 1 1- 1 5-5 and 1 1- 1 7-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 310 Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 1 1 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 5,0 The owner of record of the subject property is Dave Williams of Boise. 6. Applicantips owner of record.. 7. The subject property is currently zoned IL. The zoning district of IL i*s defined vathin the City of Meridian Zoning and Development Ordinance, Section 1 1- FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 5 of 12 { JA 8. The proposed application requests a conditional use permit for a gymnastics, dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use penrat be obtained for most uses including those requested by the Applicant. (Me16 ridian City Zoning and Development Ordinance, Section 1 1-8-1). 9. The Men* than City Council recognizes that the proposed application is in 8 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 "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVEaLLLkMS", for Dave Williams, developer, for a gy=astics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and which property is described as: Lot S in -Blod<,- 1 of Railside Park Subdivision according to the official plat thereof, filled in Book 73 of Pages 7561 and 7562, records of Ada County, 12. C-Viving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-03 8 Page 6 of 12 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will noti*mpose expense upon the public if the conditions of development, as set forth 11'n the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions prolvIniding seryices to the subject real property within the planning jurisdiction of the City of Meridian. 1316 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 number 2, and V11'11 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. 1510 The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses,. 16.9 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, drainage structures, refuse disposal, water and sewer. 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 7 of 12 17. The applicant has agreed to pay any additional sewer, water or trash fees oir charges, if any associated with the use,. 184P The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19.0 provided. KI) Sufficient parking for the proposed use of the property will be The use will not result iOn the destruction, loss or damage of natural 0 or scenic features of major importance relating to the property.. DECISION AND ORDER GRAN -TING 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: Ile That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use pernut for the operation of a gymnastics, -dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and described i*n the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B. PROJECT: 1142 -98, SHEET Cl OF 32 BY: BIG D BUILIDERS, INC., OWNER: DIAMOND FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP -00-038 Page 8 of 12 { PROPERTIES , TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filedin Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and 4 conditions0 : Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed i"n site-specific requirements. 2.2 Paving and striping shall be i*n accordance with the standards set forth in lk Sections1- 13-4.D. and 1 1- 13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 4 The Applicant shall be requi49red to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Di sabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 9 of 12 Re -Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 1 1-13-5, does not list gymnastic centers specifically.Nursery schools day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with part.6 icular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.09 A111 future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aH applicable ACHD Ordinances unless specifically waived in writing by the District. 3-s That the City Attorney draft an Order Granting Conditional Use Permit i*n accordance with this Decision, which Shall be signed by the Mayor and City Cle<. rland then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department , Public Worl<,-s Department and City Attorney and a''111111'' y affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 Page 10 of 12 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 6 7, Idaho Code. By action of the City Council at its regular meeting held on the =S� day of � � , 2000. OV" COUNCILMAN ANDERSON -P COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS MAYOR ROBERT D. COPJRdE (TIE BREAKER) DATED: �-��Q� FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-038 7 VOTED VOTED � VOTEDa&LW000-0 WPEOROPPPENEMPW IV VOTED Key -9 -ax Page I I of 12 MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Wori<-s Department and City Attorney. By: City Clerk msg/Z:\WorkVvl�Ivleridian 15360M\Williams CUP038\CUPFfC1s0rdDcc FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS / CUP -00-03 8 t!9d Page 12 of 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVE WILLIAMS, FOR A CONDITIONAL USE PERMIT FOR GYMNASTICS, DANCE& KARATE INSTRUCTION FACILITY IN,i-N IL ZONE, LOCATED AT 1530 E. COMMERCIAL AVENUE, MERIDIAN, IDAHO CASE NO.. CUP -00-038 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the pruvisions of Meridian City Code § 1 1- 1 7-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1.0 That the ApplicantlOwner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a .0 gymnastics,. ance and karate instruction facility, described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 11 42-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER:, DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS" ,for Dave Williams , developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 3 DAVE WILLIAMS / CUP -00-038 2. That the above named applicant iisgranted a conditonal use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. 0 Commercial Avenue, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning Department as follows: 2.1 Off- street parking shall b e provided in accordance with Section 1 1- 13-4 o f the City of Meridian Zoning and Development Ordinance and/or as detalledi"n site-specific requirements. 2.2 Paving and striping shall be i*n accordance with the standards set forth in Sections I 1- 13-4.D. and I 1- 1 3-4.F. of the City of Meridian Zoning and Development Ordinance and iinaccordance wth Americans with Disabilities Act (.ADA) requirements. 2103 .A11 signage shall be in accordance with the standards set forth in Section 11-2- 415 of the City of Meridian Zoning and Development Ordinance. The Applicantshall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Amen* cans with 4 Disabilities Act. .4 2.95 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 1 1- 13-5, does not list gymnastic centers specifecally. Nursery schools &. day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 3 DAVE WILLIAMS / CUP -00-038 2407 No signage was submitted with the application: All signage for all tenants 1'*n the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow,. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements , Construction Servicesprocedures and all applicable ACI ID Ordinances unless specifically waived in writing by the District. 3,6 The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 1- 1 7-8, a copy of which is attached to this permit. By actionAthe City Council at its regular meeting heldon the -dayof � 2000. l Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm. t and City Attorney. COF By � � l Dated: .�� 62 0 City Cleric g/zoAWork\M\A4en"'d1*an 15360M\Wilhams CUP038\CUPorder = � pro, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3 DAVE WILLIAMS / CUP -00-038 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SAMUEL M. JOHNSON AND THE MAIZE, LLC, FOR A CONDITIONAL USE PERMIT THE OPERATION OF A CORNFIELD MAZE, LOCATED AT TI 1E SOUTHEAST CORNER OF I-84 .AND SOUTH EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP -00-035 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 come before the City Council for public hearing on August 1, 2 000, at the hour of 7: 3 0 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Adrw'pnistrator, appeared and testified at the hearing, and the Applicant, Samuel Johnson, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Page I of 12 and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1.0 Idaho Code § 67-65 12 provides i'an part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional OR use permits; and (B) That a special use permit maybe 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 when it is not in conflict with the plan; and (C) That upon the granting of a special.0 use 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; 4) Assuring that development i*s maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requng irimore restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE., LLC / CUP -00-03 5 Page 2 of 12 2* an ordinance,* requiring mitigation of effects of the proposed development upon service deli very by any 40 political subdivision, including school districts, 1* .0 providing services within the planning jurisdiction. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian Cl" ty Code § 1 1- 1 7-2. 3. Idaho Code § 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 known as the "PlanmngLocal Land Use 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. 5.0 Prior to granting a conditional use permit i*n a General Retail and Service Commercial (CmG) zone, a publipublicheanng shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet' (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-1 7-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter _15 of thisitle. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Page 3 of 12 Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 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 cons ideration more than fifteen (15) days prior to said hearing and with the notice of public hearing hav'k ing been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 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 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Page 4 of 12 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 1 1-15-5 and 11- 17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report,. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Men* dl'* an City Code Title I I and Title 12 and all 6 current zoning 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 the southeast corner of Eagle Road and I-84, Meridian, Idaho. 5.0 The owner of record of the subject property is Idaho Ellc..s Rehabilitation Hospital of Boise. 6. Applicant is The Maize/Samuel M. Johnson of Boise. 71W The subject property is currently zoned C -G. The zoning district of C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. IC. 8.0 The proposed application requests a conditional use permit for temporary operation a corieifield maze. The GG zoning designation within the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Zoning and -Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Men* than City Zoning and Development Ordinance, Section 1 1-8- 1) . 9. The Meridian Planning and Zoning Comnussion recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10.0 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 " SITE PLAN, I"or Samuel Mohnson and The MazeLLC C A -I &Md do 7 f 1 7 1 developer, for the operation of a cornfield maze, located at the southeast corner of I-84 and South Eagle Road, Meridian, Idaho, and which propertyi's described as: The North one half of the Southwest quarter of Section 16, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho; Excepting therefrom the property taken by the State of Idaho for the construction of Interstate I lighway Project No,., I M 80NM 1 (2 8) 45 between station 242 8 + 40. 5 2 to station 2455+60.04, described in that Judgement and Decree of Condemnation dated July 29, 1965, recorded August 20, 1965 as Instrument No. 619430, records of Ada County, Idaho; and except thereof the property taken by the State of Idaho for the construction of that a certain public highway known as Interstate 84, Project IP -84-1 (12) 45 between highway sit -tion 2423+88.30 to 2448+64.82, described in that Second Judgment and Decree of Condemnation dated June 25, 1990, recorded July 2, 1990 as Instrument No. 9034963, records of Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE ZE,-LLC / CUP -00-035 Page 6 of 12 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forthi*n the Decision and Order number 2, are found. to mitigate the effects of the proposed use and development upon seryices delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 1349 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 number 2, and will be 0 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. 15.0 The use proposed within the subject application will not be hazardous or disturbingng 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, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Page 7 of 12 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 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. 1919 Sufflicient parking 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 FORE GOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use pernlit for the operation of a cornfile]d maze, located at the southeast corner of I-84 and South Eagle Road, Meridian, Idaho, and described in the ""SITE PLAN, CORNFIELD MAZE, 1020 S. Eagle Rd. for Samuel M. Johnson and The Maze, LLC, developer, for the development of the aforementioned project, and which property is described as: FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. THE MAIZE, LLC / CUP -00-035 JOHNSON Page 8 of 12 The North one half of the Southwest quarter of Section 16, Township 3 North, Range 1 East of the Boise Men* dian, in Ada County, Idaho; Excepting therefrom the property taken by the State of Idaho for the construction of Interstate Highway Project No. I -80N-1 (28) 45 between station 2428+40.52 to station 2455.+60.04, described in that Judgement and Decree of Condemnation dated July 29, 1965, recorded August 20, 1965 as Instrument No. 619430, records of Ada County, Idaho; and except thereof the property taken by the State of Idaho for the construction of that a certain public highway known as Interstate 84, Project IP -84-1 (12) 45 between highway station 2423+88,.30 to 2448+64,.82, described i*n that Second Judgment and Decree of Condemnation dated June 25, 1990, recorded July 2, 1990 as Instrument No. 9034963, records of Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions. Operation from thefirst weekend l'on September until thefolloiviong Halloween subject to thefollowthng." 4 Adopt the Recommendations of the Planning and Engineering Staff as follows: 2.1 The project implementation period shall be limited to the first Friday in September through the first weekend in November. 2.2 Applicant shall be required to provide daily watering, sufficient to act as dust containment. 2.3 All trash shall be enclosed to ensure litter does not migrate to adjacent properties. 2.4 Any high-voltage lights used on the site shall be situated so as to prevent any glare on 1-84. 2.05 The applicant proposes two 8 'x 12 signs near the northeast corner of the property and additional 4'x 4', 4'x 8', and 2'x 2' directional signs off-site for traffic flow. All signs shall be located outside of the I D and ACRD rights-of-way. There shall be only two 8'x 12' signs. Off -premise signs are FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE ZE,.LLC / CUP -00-035 Page 9 of 12 2-m6 r .s f- lrr{{f T F specifically prohibited as per Ordinance 1 1- 1 4-3-F. All signage is subject to design review and requires separate permits. Restriction on Rackham Road shall be right-in/right-out only. Applicant shall contact ACI ID prior to beginning operation to confirm their decision on type of access. Applicant shall provide ACHD annually with a traffic control plan for ingress and egress to the site 30 days in advance of each opening date and shall obtain a yearly review.. All future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aR applicable ACHD Ordinances unless specifically waived in writing by the District. 2.7 Applicant shall comply with the Central District Health Department requirement regarding the number of portable toilets on site. 2.8 Applicant shall use the non -waste of the existing ag0 ricultural products during the creation of the corn maze site.. Adopt the Recommendations of the Fire Department as follows: 2.9 Applicant shall provide a diagram drawing of the maze layout,. 2. 10 Haystacks on the property shall be fenced. 2.11 Emergency exits out of the maze shall be provided to the satisfaction of the Fire Department. 2.12 Fire extinguishers shall be provided and advertised. 2.13 "No Smoking" signs shall be posted. 2.14 The walkway shall be wide and the cornstalks plowed up. 2.15 Annual review is required by the Fire Department, 30 days in advance of 0 opening date. 3. That the City Attorney draft an Order Granting Conditional Use Permit in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 90 accordance with this Decision, which shall be signed by the Mayor and City Clerl<,- and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice,. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or 0 denial of the conditional use permit may within twenty-eight (28) days after the date of this decision, and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.. By action of the City Council at its regular meeting held on the of 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 day Page I I of 12 COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED oe" VOTED � VOTED VOTED_ `--' MAYOR ROBERT D. COME (TIE BREAKER) VOTED DATED.. MOTION: APPRO -- DISAPPROVED: Copy served upon Applicant, the Plannni g and Zoning Department, Public Worl<,-s Department and City Attorney. City Clerl<, msg/Z:\Work\1VlWeridian 15360NI\N4AZE CU1P\CUPFfC1s0rdDec Dated: too)� FINDINGS OF FACT Ad D CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON THE MAIZE, LLC / CUP -00-035 Page 12 of 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE NIATTER OF THE APPLICATION OF SAMUEL M. JOHNSON AND THE MAIZE, LLC, FOR A CONDITIONAL USE PERMIT) THE OPERATION OF A CORNFIELD MAZE, LOCATED AT THE SOUTHEAST CORNER OF I-84 AND SOUTH EAGLE ROAD, MERIDIAN, IDAHO CASE NO.. CUP -00-035 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code § 1 1- 17-4 for final action on conditional use permit application and the Council having received and approving the Recommend, ation of the Planning and Zoning Commission the Council takes the following action: 1.0 That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a cornfield maze, described in the " SITE PLAN, CORNFIELD IAZE, 1020 S. Eagle Rd.for Samuel M. Johnson and The Maze, LLC, developer, for the development of the aforementioned project, and which property is described as: The North one half of the Southwest quarter of Section 16, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho; Excepting therefrom the property taken by the State of Idaho for the construction of Interstate Highway Project No. I -80N-1 (28) 45 between station 2428+40.52 to station 2455+60.04, described irl that Judgement and Decree of Condemnation dated July 29, 1965, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP -00-035 x. x recorded August 20, 1965 as Instrument No. 619430, records of Ada County, Idaho; and except thereof the property taken b y the State of Idaho for the construction of that a certain public highway known as Interstate 84, Project IP -84-1 (12) 45 between highway station 2 4 2 3 + 8 8. 3 0 to 2 44 8 + 6 4.8 2, described i*n that Second Judgment and Decree of Condemnation dated June 25, 1990, recorded July 2, 1990 as Instrument No. 9034963, records of Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for the operation of a cornfield maze, located at the southeast corner of I-84 and South Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Operattonfrom thefirst weekend in Sep tember until the following Halloween subject to thefollojvi"ng: Adopt the Recommendations of the Planning and Engineering Staff as follows: 2. 1 The project implementation period shall be limited to the first Friday in September through the first weekend in November. -h 2.2 Applicant shall be requ0' ired to provide daily watering, sufficient to act as dust containment. 2.3 All trash shall be enclosed to ensure litter does not migrate to adjacent 4' properties. 2.84 Any high-voltage lights used on the site shall be situated so as to prevent any glare on. 1-84. 2.5 The applicant proposes two 8 ' x 12 signs near the northeast corner of the property and additional 4' x 4, 4' x 8, and 2' x 2' directional signs off-site for traffic flow. All signs shall be located outside of the ITD and ACHD rights-of- way. There shall be only two 8'x 12' signs. Off -premise signs are specifically prohibited as per Ordinance 11- 14-3-F. A11 s1'6 page is subject to design review and requires separate permits. 2.06 Restnction on Racl<..ham Road shall be right-in/right-out only. Applicant shall contact ACRD prior to beginning operation to confirm their decision on type of access. Applicant shall provide ACRD annually with a traffic control plan ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP -00-035 fori"ngress and egress to the site 30 days 10n advance of each opening date and sk shall obtain a yearly review,, All future designplans and construction shall be in accordance with the ACIID Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACI ID Ordinances unless specifically waived in writing by the District.. 2.7 Applicant shall comply with the Central District Health Department requirement regarding the number of portable toilets on site. 24,8 Applicant shall use the non -waste of the existing agricultural products during the creation of the corn maze site. Adopt the Recommendations of the Fire Department as follows: 2.9 Applicant shall provide a diagram drawing of the maze layout. 2. 10 Haystacks on the property shall be fenced. 2. 1 1 Emergency exits out of the maze shall be provided to the satisfaction of the Fire Department. 2.12 Fire extinguishers shall be provided and advertised. 2.13 " No Smoking" signs shall be posted. 2.14 The walkway shall be wide and the cornstalks plowed up. 2.15 Annual review is required by the Fire Department, 30 days in advance of opening date,. 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. 4.0 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 1- 17- 8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP -00-035 By action of the City Council atl'*ts regular meeting held on the 20001* day of Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, PublicWorks Department and City Attorney. .�,.%00 iiMf141t, 11 Dated: msg/Z:\Work\M\Meridian 15360NI\MAZE CUP\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP -00-035 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF US WEST COMMUNICATIONS, FOR A CONDITIONAL USE PERMIT F0111 EXPANSION OF AN EXISTING BUILDING FROM 5,715 SQ. FT,, TO 8,289 SQ. FT., IN AN OT 701 IF, LOCATED AT THE NORTHEAST CORNER OF MERIDIAN STREET AND IDAHO AVENUE, MERIDIAN, IDAHO Case No. CUP -00-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permd' it application having come before the City Council for public hearing on August 1, 2000, at the our of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, on the Findings of Fact and Conclusions of Law and Recommendation to City Council issue d by the and Zoning Commissiono conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusionsons of Law and Recommendation to City Council, and the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page I of 12 having received the staff report and the record made before the Planning and Zoning Commission, and being fi..ffly advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1.0 Idaho Code § 67-6512 provides i6n part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit maybe 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 when it is not in conflict with the plan; and (C) That upon the granting of a special use pen -nit, conditions may be attached to a special use pernut, 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; 4) Assuring that development is maintainedPProerly; 5) Designating the exact location and nature of develoPment; reqwnng the provision for on-site or FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 12 USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 • r r' r' �• K off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring rmt1gation 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 § 1 1- 1 7-2. 3. Idaho Code § 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 known as the " Local Land Use Planning Act of 1975." 4.8 The City of Men* dl*an has enacted the Comprehensive Plan City of Me0 ridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit i*n a Old Town (0-T) zone, a public heanng shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all i*n accordance with the provisions of Meridian City Code § 1 1- 17-5, which provides as follows: "Prior to approving a ConditIN ional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 12 USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the IN Conumssion." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 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 eemal �.boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of afl 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 August 1, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page 4 of 12 planning junsdiction 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 requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-m5 and I 1- 1 7-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 310 Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title I I and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,11993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property, is located at the northeast corner of Meridian Street and Idaho Avenue, Meridian, Idaho. 5. of Montana: 710 The owner of record of the subject property is US West Corru-numcations Applicant is Hutchison Smith Architects of Boise. The subject property is currently zoned O -T. The zoning district of OOWT is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST CQMMUNICATIONS / CUP -00-037 Page 5 of 12 8. The proposed application requests a conditional use pen -nit for expansion of an existing building from 5,715 sq,.ft. to 8,289 sq.ft.. The OwT zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional .0 use pemut be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 9. The Meridian City Council recognizes that the proposed application is in 0 compliance with the Meridian Comprehensive Plan. 10.8 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 "SITE / FLOOR PLAN, U S WEST MERIDIAN, Location Name: Meridian, Idaho, Address: 340170, Project., Building Addition, Date.. 5- 26-00, Sheet No.: A -O, by: HSA Hutchison Smith Architects, P.A.", for U S West Communications, developer, for the expansion of an existing building from 5,715 sq. ft. to 8,289 sq. ft., located at the northeast corner of Meridian Street and Idaho Avenue, Mendian, iIdaho, and which property is described as: The North 68.83 feet of Lots 1, 2 3 and all of lots 4, 5, 7, & 8 of Blocl<, 3, of the original Meridian Tovvnsite in Government Lot 3, Section 7, T*3N* R. 1 E, BM, Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMML7NICATIONS / CUP -00-037 Page 6 of 12 :: Fa j� i x l i T governmental subdivisions providing services in the City of Mendian planning jurisdiction, as herein provided for i*n the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public 16f of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application VA" H 1on 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 number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate 0 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, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page 7 of 12 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 IN 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. 19. Sufficientparking for the proposed use of the property)wniU be provided. 20.0 The use will not result ien 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, Bill,,,, SED UPON THE ,ABOVE AND FOREGOING FINDINGS I)F FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1.0 That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use pe=tfor expansion of an existing building from 5,715 sq. ft. to 8,289 sq. ft., located at the northeast corner of Me0 .0 ridian Street and Idaho Avenue, Meridian, Idaho, and described in the "SITE / FLOOR PLAN, FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page 8 of 12 U S WEST MERIDIAN, Location Name: Meridian, Idaho, Address: 340170, Project: Building Addition, Date: 5-26-00, Sheet No.: A=O, by: HSA Hutchison Smith Architects.A , P. ", for U S West Communications, developer, for the development of the aforementioned project, and which property is described as: The North 6 8. 8 3 feet of Lots 1 , 21 3 and all of lots 4, S, 7, & 8 of B 10d<, 3, of the original Meridian Townsite in Government Lot 3, Section 7, T03N@2 R. 1E1 BM, Ada County, Idaho. 2.The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.61 Off-street parking shall be provided in accordance with Section 1 1- 13 of the City of Meridian Zoning and Development Ordinance and/or as detailed i*n site- specific requirements. 2.2 Paving and striping shall be i*n accordance with the standards set forth in Sections 1 1- 13-4. D. and 1 1- 13-4. E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.o3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 55 7, 1 0- 1-9 1) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2,04 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1- 13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page 9 of 12 2-o5 All signage shall be in accordance with the standards set forth i*n Section 1 1-14 of the City of Meridian Zoning and Development Ordinance. 2.6 A111 construction shall to the requirements of the Americans with Disabilities Act. 2.7 Sanitary sewer and water service to the new building addition shall be provided by extending services from the existing mains installed adjacent to the subject site. 2.8 Assessment fees for water and sewer service are determined during the building plan review process.., Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages,, The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments,, 'The overpayment/shortfall is determined after adequate historical usage. 2,99 Applicant les proposing to add two (2) new Honey Locust street trees that shall be placed i*n new tree wells cut into the existing si*dewalk along Meridian Road. Staff supports the proposed locations. However, a License Agreement with ACHD- shall be obtained prior to is of a building permit to allow locating trees in their right-of-way. 2.10 All landscaping shall be served with underground sprinkling systems. Applicant shall provide landscape irrigation details with the building permit application. 1mgation in the right-of-way shall also be included in the ACHD License Agreement. 2.6.11 Applicant shall clarify the height and block type for the new masonry screen walls located at the west entrance on Meridian Road and the fuel tank screen wall on the south side of the building.. 2.12 The Site Plan shows a 7 -foot high chairdink gate with vinyl slats situated approximately 20 feet east of the sidewallc between the library and the new addition. The gate shall be constructed of decorative steel or iron. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 12 USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 3-s 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 Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Me0 ridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code: By action of the City Council at 1'P ts regular meeting held on the �j day of -f � , 2000. FINDINGS OF FACT AND CONCLUSIONS ()F IAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 Page I I of 12 ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED VOTED � VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED---- � 0 DISAPPROVED& Copy served upon Applicant, the Planning and Zoning Department, Public Worl<,-s Department and City Attorney. By: i�--- • � � Dated: City Clerk msg/Z:\WorkVvl\Meridian 15360NI\US West Comm CUP03ACUPHOsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP -00-037 AlCf Y ` ��'��ti�►�� h�!��`��`` Page 12 of 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF US WEST COMMUNICATIONS, FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF AN EXISTING BUILDING FROM 5 , 715 SQ.@ FT. TO 8,289 SQ. FT.,, IN AN OT ONE, LOCATED AT THE NORTHEAST CORNER OF MERIDIAN STREET AND IDAHO AVENUE, MERIDIAN, ---,q I -lb - A-- - CASE NO. CUP -00-037 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a cornfield maze, described in the " SITE /FLOOR PLAN, U S WEST MERIDIAN, Location Name: Mendian, Idhao, Address: 340170, Project: Building Addition, Date: 5-26-00, Sheet No.: A -O, by: HSA Hutchison Smith Architects, P.A.", for U S west Communications, developer, for the development of the aforementioned project, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 U S WEST COMMUNICATIONS / CUP -00-037 The North 68,'83 feet of Lots 1, 2.7 &. 3 and all of lots 4, 5, 77 SL 8 of Block 3, of the Townsite i3n Government Lot , Section 7, T.3N., R. 1E, BM,original Mendian Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for the expansion of an estxiing building from 5,715 sq. ft. to 8,289 sq. ft., located at the 9 northeast corner of Meridian Street and Idaho Avenue, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 Off-street parking shall be provided in accordance with Section 1 1- 13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements,, 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 1 1- 13-4. D. and 1 1- 13-4. E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10 -ml- 9 1) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and i*n accordance with City Ordinance Section 1 1-13-4.C. 24,5 All signage shall be in accordance with the standards set forth i*n Section 1 1- 14 6 of the City of Meridian Zoning and Development Ordinance.. 2.6 All construction shall conform to the requ'6 irements of the Americans with Disabilities Act. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 U S WEST COMMUNICATIONS / CUP -00-037 2.7 Sanitary sewer and water service to the new building addition shall be proVal.-ded by extending seryices from the existing mains installed adjacent to the subject site. 2.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.9 Applicant is proposing to add two (2) new Honey Locust street trees that shall be placed in new tree wells cut into the existing sidewalk along Meridian Road. Staff 'supports the proposed locations. However, a License Agreement with ACHD shall be obtained prior to issuance of a building permit to allow locating trees in their right-of-way. 2.10 All landscaping shall be served with underground sprinkling systems. Applicant shall provide landscape irrigation details with the building permit application. Irrigation in the right-of-way shall also be included in the ACHD License Agreement,. 2.11 Applicant shall clarify the height and block type for the new masonry screen walls located at the west entrance on Meridian Road and the fuel tank screen wall on the south side of the building. 2.12 The Site Plan shows a 7 -foot high chainlink gate with vinyl slats situated approximately 20 feet east of the sidewalk between the library and the new addition. The gate shall be constructed of decorative steel or iron,. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 U S WEST COMMUrTICATIONS / CUP -00-037 4.0 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 1- 17-8, a copy of which is attached to this hermit. L By action of the City Council at its regular meeting held on the .7 2000. day of i Copy served upon Applicant, the Planning and Zoning Department, Public Works Department' and City Attorney,. _AJA141,rr0141,,,,_ ity, Clerk Dated: msg/Z:\Work\IvI\1Vleridian 15360M\US West Comm CUP037\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 U S WEST COMMUNICATIONS / CUP -00-037 x BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MERLYN AND BRANDON S C1 IMECI(PEPER, FOR A CONDITIONAL USE PERMIT FOR A TRIPLEX APARTMENT COMPLEX IN OT ZONE, LOCATED AT 210-214 ICING STREET, MERIDIAN, IDAHO Case No. CUP -00-036 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 come before ti e City Council for public I eanng on August 1, 2000, at the I our ol 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Corrmssion who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was Brandon mec eper, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning omrmssion made the following Findings of Fact and Conclusions of Law and dation to City Counciland the City Council having receicommen ved the staff report FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / ME & BRANDON SCHMECI(I'EPER / CUP -00-036 Page I of 13 and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1.0 Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit maybe 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 when 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; 0 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring theProvision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN BRANDON SCHMECIQ'EPER /CUP -00-036 Page 2 of 13 an ordinance; requiring mitigation of effects of the proposed development upon service deli very 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 Perrruts by the enactment of Meridian City Code § 1 1-17-2. 3. Idaho Code § 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 0 is known as the "Local Land Use Planning Act of 1975." 4. The City of Me0 ridian 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 permi*t1*n an Old Town (0-a zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 1 1- 1 7-5 , which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall. follow notice and hearing procedures provided in Chapter 15 of this Title,. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be ap required to have one public hearing which shall be held before the Planning and FINDINGS OF FACT I D CONCLUSIONS OF LAW Page 3 of 13 USE PERMIT SUBJECT TO CONDITIONS / ME & BRANDON SCHMECIQ'EPER /CUP -00-036 Zoning Commission; and after the recommendatixn on of the Cornission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. " STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 2000, before the City Council, the first publication appea6 9 ring and written notice having been mai led to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 20 00, public hearing; and the Applicant, a ffected property owners, and government subdivisions provWiding seryices within the planningjur isdiction of the City of Meridian, having been given full opporturuty to empress comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(I'EPER / CUP -00-036 Page 4 of 13 2. There has been compliance with all notice and hearing requirements set forth 14'n Idaho Code §§67e-6509'and 67-6512; and Meridian City Code §§ 1 1-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report,, 3.0 Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title I I and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. The property is located at 2 1 0-2 14 King Street, Meridian, Idaho. 4. The owner of record of the subject property is Merlyn Schmeccpeper of Meridian. 5. Applicant is Brandon Schmeckpeper of Boise, Idaho. 6. The subj0 ect property is currently zoned OT. The zoning district of OT is defined within the City of Meridian Zoning and Development Ordinance, Section 1 1- 7-2 L. 7. The proposed application requests a conditional use permit for triplex apartment complex. The OT zoning designation within the City of Meridian Zoning 0 and Development Ordinance requires a conditional use permit be obtained for most FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECIQ'EPER / CUP -00-036 Page 5 of 13 uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 1 1-8- 1). 8. The Men* than City Council recognizes that the proposed application is in 0 compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. The requested conditional use is described in the "PLOT PLAN, Revision Date: 5/19/00, A-07 210/214 I<.ing Street, Owner: Merlyn Schmecicpeper and Brandon Schmeckpeper", Merlyn Schmeckpeper and Brandon Schmecicpeper, developer, for a triplex apartment complex in Old Town, located 2 10-2 14 Ding Street, Meridian, Idaho, and which property i*s described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 2 0 feet of Lot I I in Block7 of Bower's Second Addition, according to the plat thereof, filled in Book 2 of Plats at Page 79, records of Ada County, Idaho. 11. 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 required by the proposed development will not impose eXI)ense upon the d' public if the conditions of development, as set forth i*n the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECK.PEPER CUP -4-00-036 Page 6 of 13 delivered by political subdivisions providing services to the subject real property withinin the planning 1* jurisdiction of the City of Meridian. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 13. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 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. 14. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses,. 15. 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, drainage structures, refuse disposal, water and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, i*f any associated with the use. 1710 The use proposed within the subject application W1'011 noti*nvolve FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI<I'EPER / CUP -00-036 Page 7 of 13 uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. Sufficient parking for the proposed use of the property will be provided. 191* 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: Ile That the Applicant of the property, is granted a conditional use permit for t he proposed application request of a conditional use permit for a triplex apartment complex in Old Town, located at 2 1 0-214 King Street, Meridian, Idaho, and described in the "PLOT PLAN, Revision Date: 5/19/00, A-0, 210/214 King Street, Owner: Merlyn Sdimeclqcpeper and Brandon Schmeckpeper", Merlyn Schmed<-peper and Brandon Schmeckpeper, developer, for the development of the aforementioned project, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 2 0 feet of Lot 11 i*n Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of flats at Page 79, records of Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / ME & BRANDON SCHMECI(I'EPER / CUP -00-036 Page 8 of 13 2. The conditional use perrmt granted herein is subject to the following terms and conditions: 2.01 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 irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worl<.s Department. 2.2 Off-street parking shall be in accordance with the design standards set 0 forth in Section 1 1- 13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements,. All site drainage shall be contained and disposed of on-site. 2,03 Paving and striping shall be in accordance with the standards set forth in 0 Sections 1 1- 1 3-4.D. and 1 1- 1 3 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 1 1-1 4 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2. 5 Provide five-foot-wide sidewalksin accordance with City Ordinance Section 12-5-2.K. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.7 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site,. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / ME] I I & BRANDON SCHMECIQ'EPER / CUP -00-036 Page 9 of 13 2.8 Assessments for sewer and water service are determined during the building permit application process,, Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.9 In accordance with Ordinance No. 1 1- 13-4. B. 2., underground year-round 0 pressurized irrigation shall be provided to aH landscape areas on site. Submit hook-up and design details based on the proposed landscaping,. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Building Setbacks: The Applicant shall submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance. In addition, Applicant shall obtain written approval from the ]Building Official and Fire Department 1* regarding the reduced setbackPlanningallowance. The and Zoning 4@ Commission further encouraged the City Council to approve a variance of the setback from 10 feet to 7 feet. 2.11 The Ada County Assessor maps show a 3 1/a foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site.. It appears this strip of land is outside of the 56 -foot lot frontage width shown on the Site Plan. There is also no 0 record of this strip serving as any kind of easement. The A-pplicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 1/2 -foot 0 strip. 2. 12 Coverage:The Applicant shall meet the I 0 -foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2. 10, fencing shall be required around site as approved by the Bulildng Department. 2.13 Parking. Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / ME & BRANDON SCHMECIQ'EPER / CUP -00-036 Page 10 of 13 dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem P arking behind each garage, which would add another six (6) spaces. 2.14, King Street has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of unit size, a condition that on -street parking be prohibited for all tenants of this complex. 2.15 Landscaping; Ordinance 1 1- 13-4.B.1. requires landscaping be provided on site for all multi -family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building,. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. 2.16 Fencing_ Fencing in Old Town shall be of the " good neighbor" quality and shall not be chainlink. At a minimum, some type of good neighbor fence, either open -vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it is not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to 'D contain debris. 2.17 Additional restrictions/conditions may be imposed as part of the conditionalmi use pert. 2.18 The Applicant shall be required to provide a 10'nummum width opening for Sanitary Service for the container service.. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, I icl shall be signed by the Mayor and City Clerk and FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI<I'EPER / CUP -00-036 Page I I of 13 then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Worl<,p-s Department and City Attorney and any affected party requested notice,. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or den0 ial of the conditional use permit may within twenty-eight (28) days after the date of this decision. and order seek a Is review as provided by Chapter 52, Title 67, Idaho Code.' By action of the City Council at its regular meeting held on the of d � , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD COUNCILMAN deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECIQ'EPER /CUP -00-036 day VOTED_ ,4�� VOTED Page 12 of 13 COUNCILMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worl<,-s Department and City Attorney. ■ City Clerk Dated: msg/Z:\WorkVvlVvleridian 15360KSchmeck-peper CUP036\CUPFfC1s0rdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN BRANDON SCHMECI<.I'EPER /CUP -00-036 Page 13 of 13 e. A _.: BEFORE THE MERIDIAN CITY COUNCIL IN THE NUTTER OF THE APPLICATION OF MERLYN AND BRANDON SCHMECIQ'EPER, FOR A CONDITIONAL USE PERMIT FOR A TRIPLEX APARTMENT COMPLEX IN OT ZONE, LOCATED AT 2 10-214 ICING :�LoTREET, MERIDIAN, IDAHO CASE NO. CUP -00-036 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT Ihis matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code § 1 1- 17-4 for final action o n conditional us e permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: I'm That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for a triplex apartment complex iOn Old Town, described in the "PLOT PLAN, Revision date: 5/19/00, ArO2 210/214 King Street, Owner: Merlyn Schmec eper and Brandon c mec eper or Merlyn and Brandon c mec eper, developer, for the development of the aforementioned project, and which propertyl"s described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower'Addi s Second tion, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 { 2.6 That the above named appli"canti'*s granted a conditional use permit for the operation of a triplex apartment complex i*n Old Town, located at 210-214 Ding Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Any existing irrigatioWdrainage 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 b Y the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worl<,p-s Department. 2.2 Off-street parking shall be in accordance with the design standards set forth in Section 1 1- 1 3-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the, uuericans with Disabilities Act (ADA) requirements,, All site drainage shall be contained and disposed of on-site. 2,63 Paving and striping shall be in accordance with the standards set forth i*n Sections I 1- 13-4.D. and 11- 13 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 1 1- 14 .0 of the City of Mendian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.5 Provide five -foot -wide sidewalks iOn accordance with City Ordinance Section 12-5-2.I<. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company andP rovide a letter of approval from their office prior to applying for building permits. 2.7 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. 2.8 Assessments for sewer and water service are determined during the building permit application process,. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 MERLYN AND BRANDON SCFMECKPEPER / CUP -00-036 2.9 In accordance with Ordinance No. 1 1- 13-4. B. 2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit 45 hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Building Setbacks: The Applicant shall submit a Variance application and 'I receive approval from City Council to reduce the setbacks below the S feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance,. In addition, Applicant shall obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encouraged the City 0 Council to approve a variance of the setback from 10 feet to 7 feet,, 2.11 The Ada County Assessor maps show a 3 1/a foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land i*s outside of the 56 -foot lot frontagelwidth shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 /2: -foot strip. 2.12 Coverage: The Applicant shall meet the 10 -foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2. 10 fencing shall be required around site as approved by the Building Department. 2.13 Parking: Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the dwelling units; which would meet the minimum off-street parking requirement. There ies also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces,, 2-446P 14 King Street has a very narrow street section with no emsting sidewalks on either side. Safety for children i*n the neighborhood i*s a concern. Regardless of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 1 MIERLYN AND BRANDON SCHMECKPEPER / CUP -00-03 6 unit size, a condition that on -.street parking be prohibited for all tenants of this complex. 2.15 Landscaping: Ordinance 11-13-4.B.1. requires landscaping be provided on site for all multi -family residences,. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. 2.16 Fencing: Fencing in Old Town shall be of the " good neighbor" quality and 06 shall not be chainlink. At a minimum, some type of good neighbor fence, either open -vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it i*s not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to contain debris. 2.17 Additional rest& IP rictions/conditions may be imposed as part of the conditional use permit. 2. 18 The Applicant shall be required to provide a 10 minimum width opening for Sanitary Service for the container service. 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. 4.0 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11- 17- 8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 4 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 By action of the City Council at its regular meeting held on the ,,u�'' , 2000. day of RobertlD. Come, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. "k 11j Dated: City Clerk msg/Z:\W0rk\M\1V4er1*d1*an 15360M\Schmeckpeper CUP036\CLTPOrder Of 4 �1 t ��blt fitt'RtN�«4, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE CITY OF MERIDIAN, FDR).RLI VARIANCE OF THE 30 -FOOT FRONT YARD SETBACK REQUIRED IN THE Lw 0 ZON'.JFA" PROPOSING Aem, 0 FOOT FRONT YARD SETBACK, LOCATED. ON THE WEST SIDE OF TEN MILE ROAD, APPROXIMATELY 1/2 -MILE NORTH OF CHERRY LANE, MERIDIAN, IDAHO VAR -00-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on August 1, 2000, and Shan' Stiles, Planning and ZorungAdministrator, appeared and testified, and no one appeared in opposition, and the City Council having received the- transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings o£ Fact and Conclusions of Law and Order of Decision, as follows to - wit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTINGAV C / VAR -00-014 BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION Page 1 of 10 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and 0 Development Ordinances codified at Title I I Municipal Code of the City of Meridian and aH current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 —January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11- 15-5 and 12- 11-3 as evidenced i*n the record of this matter. 3. The Applicant is the City of Meridian, whose address i*s 33 E. Idaho Street, Meridian, Idaho 83642. 4. The owner of the property is the City of Meridian, whose address is 33 E. Idaho Street, Meridian, Idaho 83642. 5.0 The location of the subject property is located in a Limited Office (L-0) District on the west side of Ten Mile Road, approximately i/2 -anile north of Cherry Lane, Meridian, Idaho. 6.0 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 follows8 : SE 1/4 of the NE 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Lot 8, Block 10, of The Lal<,p-es at Cherry Lane No. 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-014 BY: CITY OF MERIDIAN. /TEN MILE FIRE STATION Page 2 of 10 7.0 The present land use of subject property is presently zoned as (Lo -0) LimiOffice District which iteds presently vacant land. 8. The proposed land use of sub40 ject property is to develop a City of Meridian Fire department substation. 9's That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 11-9- 1, MINIMUM YARD SETBACK REQUIREMENTS, which is attached hereto as Exhibit "B", and consisting of two pages, and incorporated as if set forth in full hereat. 11...All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses maybe 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 applicant requests the 10 -foot reduction to allow for an eight -foot overhang at the front of the building. The property does not have adequate depth to construct a building with the needed square footage for a substation and allow proper clearances for vehicles at the rear of the building. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARLkNCE / VAR -00-014 BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION Page 3 of 10 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement fora 30 -foot setback on the arterial and collector streets i"n the L-0 zone. This would accommodate the Ten Mile fire department substation design, and the applicant requests a reduction in the front yard setback to 20 -feet. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property are that if the variance i s not granted, the proposed fire substation design will be compromised. The aesthetics of the building desidesigniare mportant so that the substation can fit in with the existing neighborhood. The only encroachment into the 30 -foot setback would be the canopy for the entrance to the building. 15.0 The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are that the fire department did not have a detailed -des 1*gn for the substation when the property was acquired. The site designcriteria for maneuvering of trucks requires a greater setback at the rear of the building. No property is available at this location to provide a larger building site. The previous landowner desires to see a building that fits into the neighborhood, and has the appearance of a residence with a large garage. Additionally, the fire substation Is 4k would provide a much needed public service to the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / VAR -00-014 BY: CITY OF MERIDIAN., /TEN MILE FIRE STATION Page 4 of 10 16. The special conditions and circumstances that exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district are that the piece of land was donated to the C1'11 y of Meridian for a fire substation site. The land surrounding the property is developed as residential. The desired structure for the substation has greater aesthetic appeal with -the inclusion of the canopy over the entrance to the facility. 17. A literal interpretation of the provisions of the ordinance would deprive the Applicant are that the proposed fire substation building cannot easily be accommodated on this site. The use proposed1'Ps ot typi ncal of structures in the LmO zone, and a site plan had not been determined at the time the property was acquired. 18. LThe existence of special circumstances or conditions affecting the property is that the piece of property is surrounded by developed properties on all sides , and les therefore an "infill" type development.. The applicant does not have any flexibility to'increase the size of the lot to meet the needs of the project. 19. Granting the van* ance would maintain rights which would be afforded to others in the same situation. 20.0 The Comprehensive Plan for Limited Office District is that the proposed variance would allow for the construction of a fire substation in northwest Meridian. The Comprehensive Plan includes these goal statements with regard to public safety: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARLkNCE / VAR -00-014 BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION Page 5 of 10 6.1 To ensure adequate protection for new developments, provisions shall be made for satellite fire stations which have a staff of fire fighters equipped 0 with the appropriate fire -fighting facilities. 6.9U Maintain a five-minute or less response time goal to all fire, police, and medical emergencies within the City. 6.15U The recommended service standards for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire -S station, with satellite fire stations comprising a 10,000 to 15,000 -square foot lot with a 3 ,000 -square foot building of residential type construction and character, containing a squad truck and tanker truck, operating personnel and support staff. 21. The variance would allow the City of Mendim to provide an adequate truck maneuvering area at the rear of the fire substation, and to construct a fire substation that would be adequate in size to service the growing City. 22. The granting of the requested van" ance will not be detrimental to the public's welfare or injurious to other propertyl"n the area of the proposed plat, and, i*n 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 i*n the public hearing of this matter. ll not have an effect of altering the interest 23. The granting of this variance wi and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 244P The applicant paid the fee established by the City Council for application FINDINGS OF FACT AND CONCLUSIONS OF LAW Al ORDER OF DECISION GRANTING AVARIANCE V -00-0 14 BY: CITY OF MERIDIAN. / TEN MILE F STATION Page 6 of 10 variance. 1� M1�Y CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use PlanrangAct4P of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions o . f Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 1 1- 18. 3. That the requirements for the processing of a variance request are set forth i0 n Idaho Code §§ 6 7- 65 09, 65 16 and Meridian City Code §§ 11- 15-5 and 1 1- 17-5. 4. Application and standards for van' ances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 1 1- 18-3, include' required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner., subdivider or developer because unusual topography,'the nature or condition of adjacent development, or other physical conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARLkNCE / VAR -00-014 BY: CITY OF MERIDIAN. /TEN MILE FIRE STATION Page 7 of 10 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 W1'011 not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 1 1-9- 1, MINIMUM YARD SETBACK REQUIREMENTS, in the L-0, and which is attached hereto as Exhibit "B and consisting of two pages, and incorporated as if set forth in full hereat. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF F)��'CTJ--ND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a van" ance from the Minimum Yard Setback Requirements for the Ten Mile Fire Substation in a Limited Office zone, and will be allowed a 20 -foot front yard setback., NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OR] I TINGAV / VAR -00-014 BY: CITY OF MERIDIAN. /TEN M E FIRE STATI ON Page 8 of 10 has an interest in real property which may be adversely affected by the issuance or denial of a va.0 0 riance authorizing a variance of the Minimum Yard Setback Requirements in the L -O Zone as provided in the Section § 11-9-1, MINIMUM YARD SETBACK REQUIREMENTS 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 atiots regular meeting held on the ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. COME (TIE BREAKER) DATED: �' /� `� e)0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND / -1 SF" "001 -ph" day of VO ED �f��`� VOTED_ VO ED <- ' e� tf VOTED ORDER OF DECISION GRANTING A VARTANCE / VAR -00-014 BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION Page 9 of 10 MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the C.0 ity Attorney office. 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SCHEDULED FOR 08/16/00 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, August 15, 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 August 16, 2000, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash deli'snquency? (No response,,) MAYOR: They are hereby i*nformed that they may appeal or have the decision o the City reviewed by the Fo.6 urth Judicial District Court, pursuant to Idaho State Code. Even though then appeal, their water will be shut off. The V J 1 1 amount o the turn-off list is $40,115.02. CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Aug 15,2000 01:58pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Report Cdteria.- Terminated customers not included Customer.Cust No = {c} 9900000 Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Last Pmt Date Last Pmt Amount Msg 5.0774.1 *** ADAK FAMILY LIMITED PARTNEF 236.85 166.56 70.29 - - 07/18/2000 56.53 - none 34.0342.2 ADAMS, TROY 272.86 247.46 25.40 - - 08/09/2000 101.19 - 1.1360.1 AKERS, GENEVA 318.64 215.86 102.78 - - 07/20!2000 88.02 - none 74.2452.1 ALLEN, RICHARD L. 148.59 72.45 76.14 - - 07/19/2000 62.61 - none 31.3422.1 ALLEN, TIM 147.17 99.70 47.47 - - 07/17/2000 45.00 - none 42.4078.1 ALONZO,KATHLEEN 91.55 66.21 25.34 - - 07/19/2000 40.00 - none 34.2730.1 ALVEREZ, ROSAL10 93.21 62.84 30.37 - - 07/20/2000 28.00 - none 74.0060.1 ALVES, VALERIE 159.31 81.50 77.81 - - 07!17/2000 45.83 - none 3.0650.1 AMERIQUEST MORTGAGE CO 43.55 10.00 - 33.55 - 05/16/2000 64.15 - none 51.0050.1 AMYX FAMILY LIMITED 558.31 - - - 558.31 - none 72.0222.1 ANDERSON, BRAD 88.32 42.93 45.39 - - 06!19/2000 42.93 - none 74.1026.1 ANDERSON,, DOUGLAS 67.17 30.51 36.66 - - 07/12/2000 36.66 - none 5.0160.1 ANDERSON, GORDON & JUDYTF 243.07 186.89 56.18 - - 07/17/2000 50.03 - none 21.1714.1 ANDERSON, SCOTT 155.07 101.07 54.00 - - 06/28/2000 49.08 - none 51.2678.1 ANDON COMPANY 314.51 201.66 112.85 - - 07!14/2000 171.66- 51.2680.1 ANDON COMPANY 373.69 158.14 165.80 49.75 - 07/14!2000 165.80 - none 2.2320.1 ANDREWS, CONAN 280.60 82.55 61.15 136.90 - 08/14/2000 140.00 - none 21.2070.1 ANKENMAN, MICHAEL A 96.59 50.92 45.67 - - 07/19/2000 45.67 - none 2.6300.1 ANSON, PATRICIA 150.47 102.46 48.01 - - 07/13/2000 48.01 - none 21.2656.1 ARCHER, DORSEY 217.91 139.87 78.04 - - 07/17/2000 39.91 - none 68.0070.1 ARES, TONY 180.78 62.47 58.78 59.53 - 05/31/2000 125.00 - none 2.2110.1 ARMAS, SAMUEL 200.40 125.58 74.82 - - 07/17/2000 67.62 - none 21.1708.1 ARTE, MICHELLE & RICK 196.50 119.94 76.56 - - 07/17/2000 55.65 - none 74.3148-.1 ARTHUR, WILLIAM 93.24 50.31 42.93 - - 06/19/2000 40.47 - none 50.1512.1 ASHBAUGH, PHIL 190.48 102.62 87.86 - - 06/12/2000 31.28 - none 69.0530.1 ATCHISON, JEFFERY 127.52 94.31 33.21 - - 08/02/2000 42.65 - none 51.0354.1 AUDIO ELECTRONICS 128.44 45.07 83.37 - - 07/01!2000 41.24 - none 40.0252.1 AVERY, GENE & JULIE 111.67 59.69 51.98 - - 06/12/2000 100.27 - none 42.2148.1 AZARY, SUSAN 144,43 100.67 43.76 - - 06/19/2000 73.99 - none 69.1620.1 BACHMAN, MICHAEL L. 223.62 110.58 113.04 - - 07!19/2000 74.91 - none 51.0694.1 BAILEY, PEGGY 66.89 31.60 35.29 - - 07/18/2000 27.91 - none 22.1220.1 BAILEY, THOMAS 181.54 134.51 47.03 - - 07/20/2000 41.98 - none 74.2676.1 BAIRD, KAREN LEE 143.37 77.37 66.00 - - 07/18/2000 70.00 - none 74.2674.1 BAKER, ROBERT & TANYA 176.04 121.23 54.81 - - 07/12/2000 57.27 - none 69.0138.1 BANG, JAMES & PEGGY SUE 84.35 45.25 39.10 - - 07/17/2000 36.50 - none 69.0590.1 BAPTISTE, MONTGOMERY 220.77 126.99 93.78 - - 07/17/2000 83.79 - none 32.0744.1 BARNARD, WILLIAM 172.05 113.25 58.80 - - 07/17!2000 57.87 - none 21.1894.1 BARNHART, CLINTON 128.69 101.03 27.66 - - 06/15/2000 133.49 - none 22.1740.2 BARNHART, RYAN 100.75 60.38 40.37 - - 07/20/2000 20.37- 43.2448.2 BARON, KONA & MICHELLE 87.38 53.12 34.26 - - 07/18/2000 30.00- 21.0464.1 BARR, JERROD F 93.68 62.38 31.30 - - 07/14/2000 27.61 - none 74.2822.1 BARR, KENNETH 253.64 140.43 113.21 - - 07/20/2000 102.14 - none 42.1966.1 BARRY, CLAY A 279.86 183.76 96.10 - - 07/12/2000 48.13 - none 21.2626.1 BASAURI, ROBERT & DENA 258.78 185.52 73.26 - - 07!19/2000 41.28 - none 31.3060.1 BASTIAN, DAVID 167.69 111.07 56.62 - - 07/18/2000 43.09 - none 31.3042.1 BEAN, ALAN & JENNY 259.44 174.78 84.66 - - 07/18/2000 76.05 - none 31.3400.2 BEAN, DONOVAN 121.43 79.60 27.61 14.22 - 08/08/2000 41.00- 14.5010.2 BEAUCANNON, JUSTIN 75.23 45.16 30.07 - - 07/01/2000 27.61- 32.0950.1 BECKER, NICHOLAS 230.49 168.30 62.19 - - 07/17/2000 49.89 - none 46.0448.1 BEERY, LON 136.98 80.01 56.97 - - 07/20/2000 50-.00 - none 22.1560.1 BEESE, JEFFREY 134.48 86.47 48.01 07/17/2000 38.17 - none 0n Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page.- 2 Standard Payment Customers Aug 15,2000 01-.59prn Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt. Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 33.1828.1 BELL, RONALD & JULIE 125.03 79.90 45.13 - - 07/19/2000 26.68 - none 46.0834.1 BENNETT, GREG 60.05 31.30 28.75 - - 07/14/2000 31.00 - none 2.1008.1 BENNETT, JAMES 200.91 163.40 37.51 - - 07/12/2000 2.18 - none 51.3570.2 BENNETT, PHILIP 602.04 26.54 575.50 - - 07118/2000 48.16- 5.0752.1 BERGER, JON & MARLA 202.58 158.07 44.51 - - 07/17/2000 100.00 - none 21.0130.1 BESKER, GLORIA 100.83 61.73 39.10 - - 07/20/2000 42.79 - none 2.1860.1 BEVINGTON,, H LARUE 98.92 66.23 32.69 - - 07/10/2000 25.31 - none 1. 2870. 1 BIDDICK, SCOTT 115.96 88.79 27.17 - - 06/12./2000 121.29 - none 74.3296.1 BIENAPFL, ROB & CARMEN 62.88 32.67 30.21 - - 06/19/2000 31.44 - none 2.0452.1 BlERY, SHAWN 165.20 110.63 54.57 - - 07/18/2000 30.00 - none 50.1460.1 BIG M UPHOLSTERY 139.36 69.68 69.68 - - 06/20/2000 69.68 - none 21.1754.1 GINGHAM, KEVIN W. 230.10 139.20 90.90 - - 06/14/2000 100.78 - none 74.2724.1 BISHOP, CALVIN 180.07 100.38 79.69 - - 07/17/2000 110.00 - none 332600.1 BLACKHURST, SCOTT 73.25 35.48 37.77 - - 07/19/2000 25.31 - none 2.2140.1 GLAIR, WILMA 87.13 54.35 32.78 - - 07/26/2000 30.00 - none 2.4200.1 BLAKELY, CLAUDE JAMES 61.70 35.32 26.38 - - 07/19/2000 36.38 - none 4.1294.1 BLASER, GLENN 106.66 36.38 28.84 41.30 .14 05/18/2000 143.23 - none 22.1008.1 BLEDSOE, GARNETT 241.34 155.89 85.45 - - 07/14/2000 65.77 - none 21.3290.2 BOBKO, RAYMOND 399.28 265.53 133.75 - - 06/22-/2000 95.65- 33.4154.2 BOBKO, RAYMOND 211.02 133.35 77.,.67 - - 07/18/2000 70.36- 2.0446.1 BOBKO, RAYMOND 151.30 92.34 58.96 - - 07!18/2000 34.20 - none 31.0512.1 BOKMAN, HELEN 166.26 103.16 63.10 - - 07/18/2000 64.00 - none 34.1880.1 BOUR, SHANNON 235.58 149.64 85.94 - - 07/20/2000 50.00 - none 32.1372.2 BOYD, JAMES 77.34 44.37 32.97 - - 08/02/2000 21.74- 5.0802.1 BOYLE, JOHN 200.19 129.78 70.41 - - 07/18/2000 49.50 - none 74.3796.1 BRADLEY, CHRISTOPHER 56.57 29.14 27.43 - - 07/17/2000 26.00 - none 34.0420.1 BRENEMAN, JEFFERY 275.38 150.29 84.77 40.32 - 07/17/2000 75.00 - none 5.0264.1 BRENNAN, TERRENCE 267.96 180.63 87.33 - - 07/01/2000 155.00 - none 1.0800.1 BREWER, SID & SHELLY 86.78 56.55 30.23 - - 07/20/2000 376.45 - none 32.0926.1 BRIGGS, NADINE 220.86 154.26 66.60 - - 06/15/2000 116.14 - none 2.3702.1 BRINEGAR, E.E. 54.64 30.56 24.08 - - 07/17/2000 24.08 - none 2.3712.2 BRINEGAR, E.E. 60.79 34.25 26.54 - - 06/13/2000 51.85- 4.1674.1 BRINKERHOFF, JOHN 193.92 139.90 54.02 - - 07/19/2000 100.00 - none 19.4456.1 BROOKS FULLER HOMES 107.76 39.01 68.75 - - 06/12/2000 89.21 - none 33.3762.1 BROWN, DOMONIC 62.02 35.48 26.54 - - 06/09/2000 50.62 - none 74.3264.1 BROWN, MICHAEL & LISA 114.04 58.25 55.79 - - 07/18/2000 61.94 - none 74.3810.1 BROWN, ROBERT 93.63 54.81 38.82 - - 07/12/2000 38.82 - none 33.3746.1 BRUCE, DARIN & MARTINA 120.53 67.35 53.18 - - 07/19/2000 25.00 - none 19.7174.1 BRUCE, ROBERT 81.70 50.24 31.46 - - 06/13/2000 59.23 - 2.6180.2 BRUNOR, LISA 289.27 225.32 63.95 - - 07/24/2000 45.00- 3.0388.1 BRUNTON, LESLIE 115.71 70.32 45.39 - - 07/03/2000 40.78 - none 31.3306.1 BRYANT, JAMIE 386.07 319.89 66.18 - - 07/17/2000 50.19 - none 2.0496.1 BUCHANAN, DANIEL & KAREN 125.98 84.68 41.30 - - 06/15/2000 58.16 - none 74.3226.1 BUCHSIEB, GWENDOLYN 110.34 67.55 42.79 - - 07/21/2000 24.72 - none 33.1852.1 BUNDY, DOYLE 124.33 43.00 74.65 6.68 - 06/20/2000 49.14 - none 19.5494.3 BURCHFIELD, DARRELL 69.40 45.32 24.08 - - "1. 3.0312.1 BURKETT, JEFFREY & ROXANNE 132.54 79.35 53.19 - - 07/03/2000 122.69 - none 2.4890.2 BURNS, EMMETT 199.07 150.13 48.94 - - 06/08/2000 9.92- 34.1456.1 BURROUGHS, JEFF 91.43 50.80 40.63 - - 07/17/2000 40.63 - none 5.0678.1 BURT, MARK A 207.30 106.80 100.50 - - 07/06/2000 70.00 - none 42.2460.1 BURTON, JACK 201.29 130.33 70.96 - - 07/19/2000 64.81 - none 74.2722.3 CAFFERTY, LORI 115.10 60.01 55.09 - - - 34.1100.1 CALLISTER, BROCK 57.10 33.02 24.08 - - 07/19/2000 26.54 - none 22.0312.1 CANTRELL, STEVEN M. 402.86 284.62 118.24 - - 07/10/2000 65.35 - none 4.1796.1 CAPRAI, JOHN & SARAH 253.08 175.29 77.79 - - 06/09/2000 60.07 - none *** in Msg column indicates no Notice 'is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Aug 15,2000 02:00pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Last Pmt Date Last Pmt Amount Msg 34.1808.2 CARPENTER, DOUGLAS 140.03 93.55 46.48 - - 07/19/2000 36.64- 31.3394.1 CARROLL, PHILIP R. 178.76 122.14 56.62 - - 07/17/2000 44.32 - none 31.2252.1 CASADY, WARREN A. 125.16 74.43 50.73 - - 07/21/2000 50.73 - none 2.5130.1 CASPERSEN, MAUREEN K 158.84 102.34 56.50 - - 07/20/2000 36.66 - none 32.1274.1 CATHCART, CHARLES 89.36 56.53 32.83 - - 06/13/2000 27.91 - none 46.0232.1 CHAN, KIN WA 70.86 35.43 35.43 - - 06/13/2000 68.40 - none 22.0848. 1 CHAPMAN, THOMAS 400.79 266.98 133.81 - - 07/19/2000 128.89 - none 42.1915.1 CHATEAU MEADOWS HOMEOW 186.30 147.42 38.88 - - 06/27/2000 40.50 - none 2.4700.1 CHA ERTON, PAT & CAMILLE 101.94 65.28 36.66 - - 07/06/2000 32.97 - none 2.6100.1 CHENEY, STEVEN 129.00 86.19 42.81 - - 07/18/2000 27.54 - none 2.1770.1 CHERRY LANE LAUNDROMAT 684.35 402.99 281.36 - - 07/17/2000 265.19 - none 1.0230.1 CHESTER, FAYE 132.13 94.52 35.15 2.46 - 06/27/2000 30.23 - none 74.2532.2 CHILTON, BRYAN 117.01 88.46 28.55 - - 07/21/2000 100.00- 15-0047.2 CHRISTENSEN, DAVID 121.23 63.24 57.99 - - 06/15/2000 148.93- 32.0792.1 CHRISTIAN, RICHARD & JOANNA 182.01 125.25 56.76 - - 06/22/2000 40.00 - none 42.0456.2 CIRELLI, BARBARA 166.43 139.36 27.07 - - 07/11/2000 48.00- 3.0690.1 CITY RADIATOR & MUFFLER 154.77 78.71 76.06 - - 06/27/2000 7223 - none 31.0790.3 CLARK, DONN 170.87 115.20 55.67 - - 07/20/2000 5321 - 20.1580.1 CLARK, MARK 209.30 141.10 68.20 - - 06/19/2000 34.99 - none 40.0094.1 CLARK, RICKY 73.37 36.85 36.52 - - 07/03/2000 29.50 - none 50.0206.1 CLARK, TERRY 99.62 37.77 27.77 34.08 - 06/19/2000 29.90 - none 74.3616.1 CLARK, TRAVIS 62.88 32.67 30.21 - - 06/29/2000 31.44 - none 1.2020.1 CLEMENTS, ROBERT 107.81 74.98 32.83 - - 06!28/2000 30.37 - none 40.0066.1 COCHELL, TIM & ANGELIA 77.06 40.54 36.52 - - 07/18/2000 15.17 - none 21.1766.1 COFFMAN, RICK K. 189.44 12625 63.19 - - 07/18/2000 50.89 - none 51.0874.1 COLE, ORVILLE 69.86 29.03 40.26 .57 - 07/18/2000 26.00 - none 7.0994.1 CONTE, ROGER 71.54 41.47 30.07 - - 06/29/2000 30.07 - none 42.2464.1 COOKE, PAUL 245.14 145.49 99.65 - - 06/05/2000 50.45 - none 74.3816.1 CORDELL, TODD 94.51 49.10 45.41 - - 07/20/2000 35.30 - none 20.1708.1 CORDRY, MARK 326.27 218.65 107.62 - - 07/18/2000 96.55 - none 31.3420.1 COUCH, JULIA 117.51 97.12 20.39 - - 07/19/2000 50.00 - none 21.1584.2 COWGILL, STEVE 67.85 41.47 26.38 - - 07/19/2000 27.61- 2.2460.1 COX, LISA L 84.44 54.07 29.14 1.23 - 07/10/2000 29.14 - none 19.6598.2 CREECH, WAYNE 111.39 63.24 48.15 - - 06/26/2000 32.90- 1.2820.1 CRIDLAND, DONALD 162.61 102.30 60.31 - - 07/17/2000 42.93 - none 74.2834.1 CROWLEY, BILLY 158.32 81.62 76.70 - - 07/17/2000 65.63 - none 31.3336.1 CRYER, JUDITH 55.87 30.56 25.31 - - 06/13/2000 46.32 - none 51.0998.1 CULVER, WALTER 74.83 41.46 33.37 - - 07/21/2000 40.00 - none 3.0104.1 CUNNINGHAM, FRANK 94.52 54.19 40.33 - - 07!14/2000 36.64 - none 74.2516.1 CURRAN, CHRISTOPHER 192.28 95.17 97.11 - - 07/27/2000 35.80 - none 50.3734.1 CZARNECKI, CHERYL 155.45 100.48 54.97 - - 07/11/2000 48.82 - none 4.0686.2 DA ROSA, JULIE 90.83 54.49 36.34 - - 07/12/2000 40.00- 74.3536.1 DAILY, ROBERT 101.73 54.02 47.71 - - 07/21/2000 36.64 - none 2.0080.1 DALICE PLUMBING 96.90 67.76 29.14 - - 07/20/2000 26.68 - none 42.2388.2 DALY, BERT 220.49 162.18 58.31 - - 07/20/2000 25.00 - 2.4330.1 DANNENHAUER, CHARLES 149.51 108.19 41.32 - - 07/14/2000 30.00 - none 64.0002.1 DARRELL WILSON CONSTRUCT 125.23 - - - 125.23 - none 22.1420.1 DAVENPORT, DUANE 217.31 171.99 45.32 - - 07/19/2000 29.00 - none 31.3016.1 DAVIS, HARRY 142.42 86.75 55.67 - - 07/03/2000 51.98 - none 20.1616.1 DEAN, JAY R. 150.58 98.21 52.37 - - 07112/2000 33.92 - none 34.0944.1 DEBRIAE, RICHARD 223.99 153.98 68.78 1.23 - 06/19/2000 41.72 - none 21.3070.1 DECK, KIMBERLY 169.64 115.06 54.58 - - 07/20/2000 50.00 - none 72.0132.1 DEL BRADLEY STINE 139.05 95.96 43.09 - - 07/19/2000 60.00 - none 2.0140.2 DELLIMAGINE, RANDY 145.08 119.15 25.93 - - 07!10/2000 80.00- 1.0930.1 DENNEN, JERON & HEATHER 149.51 101.90 47.61 - 07/21/2000 11.46 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Aug 15,2000 02:01 pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 52.0976.1 DEPT OF ADMIN 193.38 151.78 41.60 - - 06/20/2000 67.52- 2.1610.1 DESILET, DENICE 137.48 100.95 36.53 - - 07/18/2000 40.00 - none 1.0770.1 DEUBER, THOMAS 135.86 - - - 135.86 - none 69.0612.1 DEVANEY, JAMES & LYNDA 155.20 94.03 61.17 - - 07/03/2000 72.77 - none 2.1960.1 DICKSON, DONALD M 184.35 141.54 42.81 - - 06/15/2000 118.91 -none 33.2528.1 DILIUO, THOMAS 90.59 55.30 35.29 - - 07/18/2000 26.68 - none 33.2584.1 DIXON, DAVID 81.03 48.06 32.97 - - 07/18/2000 34.20 - none 51.3930.3 DMK INVESTMENTS L.L.C. 119.43 60.33 59.10 - - 07/20/2000 35.66- 3,0700.1 DOBARAN, JOHN & ARVELLA 336.07 200.46 135,61 - - 07/17/2000 108.80 - none 4.1554.1 DOLL, THOMAS 210.07 156.86 53.21 - - 06/12/2000 159.91 - none 3.0830.1 DONLON, KATHRYN 89.04 46.53 42.51 - - 06/09/2000 112.93 - none 42.1200.1 DOOLEY, DAVID & LESLIE 98.88 58.83 40.05 - - 07/19/2000 31.44 - none 21.1958.1 DOTY, CHRISTY L 128.12 86.98 41.14 - - 06/29/2000 40.36 - none 4.1604.1 DOTY, DAVID 271.94 233.51 38.43 - - 07/20/2000 50.00 - none 51.4320.1 DOUBLE -D SERVICE CENTER 716.52 275.76 440.76 - - 07/19/2000 1,049.09 - none 31.0008.1 DR. TINGEY & BRADY 610.22 347.58 262.64 - - 06/26/2000 48.16 - none 22.1412.1 DUARTE, MARTIN 116.38 74.96 41.42 - - 06/15/2000 115.81 - none 51.0698.2 DUEROCK, WALTER 142.70 29.00 37.77 24.08 51.85 04/10/2000 23.25- 2.6970.1 DULHANTY, TAMARA 147.73 94.94 52.79 - - 06/15/2000 36.80 - none 42.3106.1 DUNSTAN, JOAN 182.89 134.02 48.82 .05 - 06/26/2000 40.62 - none 4.1958.1 DUPLEX, HARRY 262.92 187.59 75.33 - - 07/13/2000 63.03 - none 5.0172.1 EARNHART, KATHLEEN 257.57 188.39 69.18 - - 07/20/2000 50.73 - none 42.2598.2 EASTBURN,GARY 219.64 131.43 88.21 - - 07/21/2000 59.76- 48.1633.1 EDDY'S BAKERY 318.62 203.05 115.57 - - - 21.1106.1 EDGERTON, BRIAN 229.43 149.32 80.11 - - 06/19/2000 113.48 - none 74.2396.1 EIGUREN, MICHELLE 141.39 76.81 58.36 6.22 - 06/27/2000 30.00 - none 51.0758.1 ELITE CLEANERS 464.71 192.14 272.57 - - 07/17/2000 238.10 - none 34A592.1 ELLIS, TODD & DANA 241.47 167.84 73.63 - - 07/20/2000 73.63 - none 15.0067.1 EMERALD HOMES 102.21 34.08 24.08 24.08 19.97 04/24/2000 6.48- 15.0039.1 EMERALD HOMES 100.15 34.08 24.08 24.08 17.91 04/24/2000 2.68- 15.0005.1 EMERALD HOMES 86.35 34.08 24.08 24.08 4.11 04/24!2000 24.99- 2.0180.1 ENGLISH, RONDA 113.22 - 2.30 2.30 108.62 10/18/1999 32.69 - none 50.1234.2 ERHART, MILTON 72.76 47.45 25.31 - - 06/19/2000 48.16- 34.0504.1 ERICKSON, RONALD 262.51 199.07 63.44 - - 06/22/2000 97.16 - none 74.2688.1 EVANS, STEVEN & KRISITE 131.13 63.72 67.41 - - 07/17/2000 39.12 - none 74.3614. 1 FACKRELL, THOMAS 61.65 31.44 30.21 - - 07/19/2000 32.67 - none 51.1295.1 FAMCO 108.54 63.18 45.36 - - 12115/1999 6.48- 51-1294.1 FAMCO 308.07 203.84 104.23 - - 06/29/2000 142.10 - 2.2060.1 FARMER, SCOTT 127.45 84.80 42.65 - - 07/12/2000 41.42 - none 19.6502.1 FARNWORTH, WARREN 70.87 38.06 32.81 - - 07/18/2000 32.81 - none 31.0820.1 FARR, JERRY 141.97 95.75 46-.22 - - 06/27/2000 25.13 - none 33.3678.1 FAYLOR, MILFORD 85.00 46.97 38.03 - - 07/27/2000 35.57 - none 42.1840.1 FETTERS, CARMEN 153.04 128.96 24.08 - - 06/23/2000 24.08 - none 46.0212.1 FINLAYSON, CRAIG 111.53 66.02 45.51 - - 07/03/2000 36.00 - none 31.3606.1 FISCHER, MARTIN 138.72 100.67 38.05 - - 07/19/2000 40.00 - none 74.1056.1 FISHER, BEA J. 58.00 31.46 26.54 - - 07/18/2000 26.54 -none 51.3990.1 FISHER, DANNY W 49.39 24.08 25.31 - - 07/13/2000 24.08 -none 2.0740.1 FISK, PATRICK 112.01 67.88 44.13 - - 07/19/2000 43.00 -none 51.4210.1 PLATEN, ROBERT 103.01 42.28 60.73 - - 06/08/2000 43.51 -none 34.2084.1 FLORCZY III, ALEXANDER S. 136.76 81.69 55.07 - - 07/17/2000 40.00 -none 34.0860.1 FLYNN, BENJAMIN J 122.12 100.67 21.45 - - 07/17/2000 55.00 -none 65.0616.1 FOGG, STACEY 82.79 45.74 37.05 - - 06/12/2000 35.00 -none 21.1776.1 FOREMAN, EARL 118.43 77.28 41.15 - - 07/03/2000 35.00 -none 22.1618.1 FOWERS, JOHN 255.22 171.44 83.78 - - 07/19/2000 60.41 -none 74.0350.1 FRANK, GARY E 127.05 67.83 59.22 - - 06/26/2000 120.80 -none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Deli'nquent Account U sp- council Page: 5 Standard Payment Customers Aug 15,2000 02:01 pm Current Period: 0813112000 Delinquent Minimum of $ 2n.40 compared to Delinquent Balance Cust No Name Balance Non-Delinq 06/30/2000 05/31!2000 04/30/2000 Last Pmt Date Last Pmt Amount Msg 31.3050.1 FRENCH, DEBRA 84.16 52.70 31.46 - - 07/12/2000 25.31 - none 50.3754.1 FRENCH, LAWRENCE 177.17 97.88 75.74 3.55 - 06/26/2000 70.00 - none 72.0210.1 FRITZMEIER, RANDY 123.05 89.23 33.82 - - 07!17/2000 75.00 - none 34.2856.1 FROSTROM, ED & KATHY 302.15 233.65 68.50 - - 07/10/2000 37.75 - none 32.1542.1 FUHRMAN, JOSHUA 163.97 118.05 45.92 - - 07/20/2000 27.00 - none 1.3520.1 FUHRMAN, KENT 337.83 303.78 34.05 - - 08/14/2000 38.00 - none 74.1316.1 FULLER, NORMAN 109.44 - - 13.68 95.76 10/19/1999 122.07 - none 31.0012.1 GAMBLIN, MICHAEL & MICHELE 54.64 30.56 24.08 - - 06/20/2000 24.08 - none 31.2250.1 GARCIA, ANOTON10 263.14 161.79 101.35 - - 06/15/2000 139.03 - none 20.1284.2 GARDNER, VINCE 148.46 111.52 36.94 - - 07/19/2000 120.00- 50. 1198.1 GARDOSKI, WILLIAM 108.43 62.21 46.22 - - 07/17/2000 27.77 - none 21.3048.2 GARLICK, LEWIS 382.29 257.73 124.56 - - 07/18/2000 20.31- 74.3248.1 GARNER, KELLEY 77.72 39.24 38.48 - - 07/17/2000 40.00 - none 33,2302.1 GARRARD, DALE 69.40 42.86 26.54 - - 07!18/2000 24.08 - none 32.1384.2 GATES,, KEN 60.96 39.59 21.37 - - 07/20/2000 30.00- 2.0950.1 GAYTHIWAITE, RITCHIE & SUSAI 182.17 133.07 49.10 - - 07/19/2000 40.49 - none 5.0772.1 GEARHEARD, WADE & KARLA 226.41 151.50 74.91 - - 07/06/2000 41.70 - none 32.0732.1 GLASER, DELMAR 200.86 129.50 71.36 - - 06/15/2000 107.78 - none 4.2160.2 GLUMM, DENNIS 255.12 187.47 67.65 - - 07/17/2000 40.16- 21.2790.1 GORRINGE, BENNY 104.22 58.16 46.06 - - 07/17/2000 45.00 - none 21.0996.1 GOURLEY, KRISTEN 209.07 150.29 58.78 - - 07/25/2000 44.02 - none 2.3250.1 GREEN, JAY 71.87 51.47 20.40 - - 06/15/2000 60.00 - none 72.0212.1 GREEN, JUSTIN 119.55 65.39 54.16 - - 07/20/2000 41.86 - none 34.2126.1 GRIGG, DANA K 152.14 110.65 41.49 - - 07/13/2000 50.00 - none 34.0382.1 GRIMM, ROBERT & TERRY 194.52 120.10 74.42 - - 06/2-2/2000 88.86 - none 46.0190.1 GRIST, JIMMIE 112.42 57.44 54.98 - - 06/13/2000 111.19 - none 21.2712.2 GROSS, ROBERT 84.94 - 26.98 28..98 28.98 - 22.2080. 1 HALE DEVELOPMENT 54.64 30.56 24.08 - - 07/14/2000 12.96- 4. 1296.2 HALES, KENNETH 82.61 50.08 32.53 - - 07/18/2000 32.53 - 4.1594.1 HALL, BRIAN 214.88 157.39 57.49 - - 06/16/2000 60.00 - none 31.0448.3 HALL, JANET 146.89 104.36 42.53 - - 07/17/2000 30.23- 74.1052.2 HAMILTON, JACQUELYN 48.16 24.08 24.08 - - 06/20/2000 60.62- 33.2338.1 HAMILTON, TRACEY 118.10 67.21 50.89 - - 08/04/2000 50.89 - none 46.0434.1 HAMMONS, KEVIN 63.08 39.00 24.08 - - 07/20/2000 24.08 - none 74.2662.1 HANSEN, DAVID 169.22 91.99 77.23 - - 07/11/2000 57.55 - none 21.1116.1 HANSEN, JEFFREY 168.08 143.03 25.05 - - 07/17/2000 50.00 - none 50.2416.1 HANSEN, KORY 114.59 49.22 65.37 - - 07/18/2000 44.30 - none 2.0906.1 HARMON, ROBERT K. & R HALL 57.81 35.48 22.33 - - 07/17/2000 25.00 - none 2.2350.1 HARPER, DIANA 208.39 170.78 37.61 - - 05/08/2000 51-.85 - none 51.0518.3 HARRELL, BRIAN 454.47 67.55 196.70 149.60 40.62 08/04/2000 100.00- 33.2274.1 HARRIS, GABRIEL & MELANIE 152.09 115.57 36.52 - - 06/16/2000 26.68 - none 31.0176.2 HARRIS, NEIL & MELISSA 114...59 65.56 49.03 - - 07/01/2000 50.00- 74.3528.1 HART, SHAWN 170.09 34.18 44.18 37.87 53.86 04/20/2000 41.70 - none 42.0288.1 HARTWELL, MARK 117.33 73.59 43.74 - - 07/13/2000 32.67 - none 21.1904.1 HATCHER, LAVONNE 62.30 36.55 25.75 - - 07/19/2000 27.00 - none 21.3262.1 HAVEY, BRIAN 208.63 141.38 67.25 - - 07/01/2000 48.80 -none 42.2366.1 HAWK, FRANCIS 164.11 121.58 42.53 - - 06/19/2000 40.07 -none 46.0260.1 HAYES, MARCIA 52.76 26.38 26.38 - - 06/16/2000 26.38 -none 1.0750.2 HEATH, GORDON OR MATT 126.89 83.29 43.60 - - 07/01/2000 41,14- 34.1702.1 HEDRICK, WENDY 134.59 74.84 59.75 - - 06/15/2000 48.16 - none 33.4246.1 HELFERICH, ROGER 79.19 38.22 40.97 - - 07/17/2000 40.00 - none 34.1542.1 HENRY, BRAD 73.65 40.68 32.97 - - 07/18/2000 31.08 - none 34.1536.1 HERNANDEZ, WILLIAM 91.11 64.61 26.-50 - - 07/13/2000 75.00 -none 74.0384.1 RESTER, LLYOD & SHERRY 114.07 63.88 50.19 - - 07/21/2000 33.82 -none 4.0566.1 HIGH DESERT CONSTRUCTION 68.59 14.69 24.08 29.82 - '`*'' in Msg column indicates no Notice is to be sent *** in Msg column indicates no Notice is to be sent rr CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Aug 15,2000 02:02pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 21.0012.1 HINE, DONALD & JONI 142.61 113.09 29.52 - - 08/08/2000 40.19 -none 34.1546.1 HINE, TODD 84.72 46.83 37.89 - - 06/19/2000 31.68 -none 5.0722.1 HOLLEY, DAVID 201.63 139.38 62.25 - - 07/20/2000 350.00 -none 33.4346.1 HOLLOWAY, RON &PAIGE 253.34 190.46 62.88 - - 07/18/2000 25.00 -none 51.4250.1 HOME PRO PLUMBING 352.67 113.23 114.72 124.72 - 05/17/2000 311.36 -none 3.0362.1 HONO, GREG &NANCY 121.47 67.05 54.42 - - 07/18/2000 103.78 -none 74.1162.1 HOPE ARMS APARTMENTS 125.68 90.92 34.76 - - 08/04/2000 96.32 -none 74.1174.1 HOPE ARMS APARTMENTS 151.24 130.17 21.07 - - 08/04/2000 102.61 -none 74.1146.1 HOPE ARMS APARTMENTS 3,012.14 687.52 687.52 687.52 949.58 08/04/2000 687.52 -none 74.1218.1 HOPE ARMS APARTMENTS 116.16 67.52 48.64 - - 08/04/2000 96.32 -none 74.1222.1 HOPE ARMS APARTMENTS 798.72 707.88 90.84 - - 08/04/2000 137.36 -none 74.1202.1 HOPE ARMS APARTMENTS 184.68 97.74 80.52 6.42 - 08/04/2000 109.32 -none 74.1198.1 HOPE ARMS APARTMENTS 220.43 151.78 68.65 - - 08/04/2000 91.20 -none 31.3458.1 HOPKINS, DARRYL 82.54 42.05 40.49 - - 07/19/2000 35.57 -none 42.0308.2 HOVIS, LEE 65.98 40.38 25.60 - - 07/03/2000 32.00- 22.0216.1 HOWELL,, CHAD 223.39 159.83 63.56 - - 06/15/2000 92.84 -none 33.2652.1 HOWELL, KATHLEEN 104.40 61.59 42.81 - - 07/17/2000 118.89 -none 65.0708.1 HUDDLESTON, CODY 85.91 48.04 37.87 - - 07/12/2000 37.87 -none 34.2782.1 HULSE, TIM 93.89 50.80 43.09 - - 06/21/2000 80.03 -none 3.0076.1 HULTBERG, JEFFREY & ADRIA 57.10 31.79 25.31 - - 07/17/2000 24.08 -none 31.3402.1 HUNT, HEATH 101.38 62.54 38.84 - - 07/18/2000 29.00 -none 50.1706.2 HUNT, STEVE 59.23 33.92 25.31 - - 06/20/2000 9.68- 20.1894.2 HUSTON, ADDY 80.13 48-.85 31.28 - - 07/19/2000 68.00- 32.0648.1 HU ON, DAVID 217.84 147.83 70.01 - - 06/13/2000 47.87 -none 21.0470.1 HYVONEN, CLARK 108.22 36.85 71.37 - - 08/02/2000 10.00 -none 48.2839.1 IDA-TRAN 497.34 277-.02 220.32 - - 06/29/2000 221.94 -none 48.2840.1 IDA-TRAN 2,411.60 1,048.60 1,363.00 - - 06/29/2000 878.40 -none 33.2754.1 INGOE, BRADLEY 81.31 43.28 38.03 - - 07/19/2000 38.03 -none 32.1148.1 IRWIN, DAVID 123.97 70.76 53.21 - - 06/28/2000 45.83 -none 35.0056.1 IVERSON CONSTRUCTION 54.64 30.56 24.08 - - 06/13/2000 24.08- 50.1018.1 JACOBS, JOHN 108.59 56.14 52.45 - - 06/22/2000 109.98 -none 42.0310.1 JACOBS, THOMAS 83.77 48.20 35.57 - - 06/09/2000 87.13 -none 68.0046.1 JACOBSEN, JASON & LIANNA 67.58 37.59 29.99 - - 07/18/2000 29.00 -none 19.1630.2 JENKINS, LEROY 84.43 42.05 42.38 - - 07/06/2000 83.26- 1.3290.1 JENKINS, LYNDON A 454.38 267.21 187.17 - - 06/08/2000 400.15 -none 74.1428.1 JOHNS ALIGNMENT 196.22 107.11 89.11 - - 06/13/2000 73..01- 33.2426.1 JOHNSON, JAMES & IRMA 65.71 31.79 33.92 - - 07/18/2000 27.77 -none 19.4474.2 JOHNSON, MARC 80-.99 43.12 37.87 - - 06/07/2000 109.64- 42.3060.1 JOHNSON, MATHEW 88.57 34.09 38.84 15.64 - 06/22/2000 70.00 -none 51.3088.2 JONES, DAVID 58.56 29-.28 29.28 - - - 46.0450.1 JONES, GRANT 107.68 42.97 32.97 31.74 - 05/10/2000 72.37 -none 5.0778.1 JORGENSEN, GLEN &JANET 133.29 90.81 42.48 - - 07/17/2000 45.00 -none 69.0116.1 JORGENSEN, RICKEY 92.01 50.31 41.70 - - 07/01/2000 39-.24 -none 69.0568.1 JUDGE, ROGER &SANDRA 137.47 76.02 61.45 - - 07/14/2000 50.00 -none 50.3836-.1 JULIAN, GEORGE 91.56 40.08 51.48 - - 07/18/2000 24.08 -none 34.0812.1 KAUTZ, KARL & LORRAINE 227.00 156.72 70.28 - - 07/19/2000 20.00 -none 2.3120.1 KELLEY, DAVID 330.79 - - - 330.79 08/10/2000 41.00 -none 34.3190.1 KELLEY, SCOTT 66.55 36.55 30.00 - - 07/17/2000 26.45 -none 1.0870.1 KELLOGG, J.R. 62.02 37.94 24.08 - - 06/13/2000 50.62 -none 20.1942.1 KEMPER, JASON 283.05 138.00 145.05 - - 06/29/2000 156.44 -none 74.3080.1 KIEHL, ANDREW &DENISE 63.20 32.83 30.37 - - 07/18/2000 30.37 -none 21.3298.1 KIESECKER, DARRIN 249.36 161.20 80.92 7.24 - 06/01/2000 84.49 -none 3.0298.1 KING, DAVID R 149.01 99.58 49.43 - - 07/20/2000 50.00 -none 21.2090.1 KINGSTON, CHRISTIE 339.90 210.09 129.81 - - 07/21/2000 114.73 -none 3.0024.1 KINNEY, KIMIKO 87.14 50.50 36.64 - - 07/19/2000 45.25 -none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Aug 15,2000 02:03prn Current Period: 08!31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 34.1524.1 KIRK, RYAN 64.42 43.28 21.14 - - 07/12/2000 50.00 - none 50.2116.1 KIRKMAN, T.R. & JAMIE 71.85 35.31 36.54 - - 07/21/2000 24.08 - none 34.0452.1 KLUM, ALLAN 245.03 - - - 245.03 - none 42.2712.2 KNAPP, JR., JERRY 148.64 93.55 55.09 - - 06/26/2000 17.64- 14.5046.1 KOLNES, MARK & SCHAEFER, Tf 137.98 49.38 43.07 45.53 - 05/18/2000 45.53 - 21.0462.2 KORBER, GERALD 177.30 133.79 43.51 - - 07/20/2000 43.51- 21.0466.2 KORBER, GERALD 64.41 30.56 33.85 - - 07/18/2000 28.00- 19,6642.1 KRENZ, ROY 67.01 40.38 26.63 - - 06/15/2000 117.92 - none 19.6664.1 KUNZ, TROY 86.86 51.59 35.27 - - 07/03/2000 34.04 - none 51.0766.1 KURDY, PATRICK 14-4.46 72.23 72.23 - - 07/18/2000 72.23 - none 31.0628.1 KYSAR, ANITA 170.31 113.81 56.50 - - 07/18/2000 45.00 - none 1.1150.1 L.T.D. COMPANY 185.20 149.60 35.60 - - 07/17/2000 80.96 - none 50.0676.1 LACASA LAVILLA 878.08 439.04 439.04 - - 06/27/2000 1,134.43 - none 50.0646.1 LACASA LAVILLA 130.56 67.52 63.04 - - 06/27/2000 67.52 - none 7.0260.1 LAMBSON, MARSHALL 133.60 86.03 47.57 - - 06/27/2000 34.04 - none 4.1776.1 LANSING, BUD 273.19 209.35 63.84 - - 07/19/2000 50.31 - none 42.3000.1 CARAWAY, L. CHRISTOPHER 75.51 41.61 33.90 - - 07/18/2000 28.98 - none 22.0336.1 CARSON, CARI 133.32 90.81 42.51 - - 07/17/2000 11.29 - none 21.2848.1 CARSON, ROY 93.57 53.10 40.47 - - 06/28/2000 38.01 - none 33.0108.1 CARSON, TIMOTHY 55.99 - - - 55.99 05!19/2000 25.00 - none 22.1350.1 LAW, KIMBERLY 275.77 184.71 91.06 - - 07/07/2000 108.12 - none 46.0108.1 LAWRENCE, WENDELL & KATHL 66.77 29.00 37.77 - - 07/18/2000 30.23 - none 20.0046.1 LEE, GARY A. 210.74 146.74 64.00 - - 06/13/2000 56.62 - none 42.4046.1 LEMA, ADAM M. 102.61 66.23 36.38 - - 06/20/2000 49.39 - none 42.2736.1 LENAGHEN, CHRIS 159.15 103.11 56.04 - - 07/07/2000 2.12 - none 31.3354.1 LEONARDSON, ELIZABETH 57.58 36.71 20.87 - - 06/09/2000 30.00 - none 211.1480.2 LESTER, BETTE 218.64 135.93 82.71 - - 07/18/2000 49.50- 34.2852.1 LEVELL, SUZANNE 314.55 785.54 121.25 7.76 - 07/17/2000 60.00 - none 31.,3382.1 LEVITY, MONTE 146.89 103.13 43.76 - - 07/20/2000 28.84 - none 34.0928.1 LEWIES, LINDA 273.58 201.53 72.05 - - 07/03/2000 42.53 - none 33.2278.1 LEWIS, RIK & CAROL 80.77 48.20 32.57 - - 07/17/2000 70.00 - none 42.0446.1 LINDQUIST, MICHAEL 214.32 135.00 79.32 - - 06/16/2000 58.41 - none 20.1638.1 LINK, THOMAS 189.96 115.4-4 74.52 - - 07/17/2000 64.68 - none 2.0458.1 LLOYD, JOHN & DEENA 149.91 102.18 47.73 - - 06/12/2000 68.40 - none 42.2520.1 LOCKYER, JEFFERY 112.28 70.32 41.96 - - 07/17/2000 50.00 - none 32.0602.1 LOLLEY, JUDITH 262.79 185.68 77.11 - - 07/17/2000 36.52 - none 74.3944.1 LONGDEN, BILLY 70.54 36.50 34.04 - - 06/16/2000 34.04 - none 2.4270.1 LORD, LARRY R. 120.30 90.99 29.31 - - 07/20/2000 25.00 - none 21.3134.1 LOVE, JAMES & ELIZABETH 200-.62 133.07 67.55 - - 07/19/2000 35.57 - none 22.0324.2 LOWE, LOWELL 214.84 135.26 79.58 - - 07/14/2000 69.74- 32.1320.1 LUKE, DAVID C 112.45 39.17 73.28 - - 07/17/2000 36.54 - none 72.0190.1 MADISON, WILLIAM 145.29 78.18 67.11 - - 06/20/2000 94.32 - none 55.1101.1 MAGIC VIEW HOA 159.04 1.62 133.12 - 24.30 - 5.0268.1 MANOS, PETER 715.66 311.68 132.64 98.20 173.14 03/10/2000 187.02 - none 2.1510.1 MANWARING, MARK 113.57 71.71 41.86 - - 07/17/2000 41.86 - none 74.2642,11 MANWARING, MARK 226.24 146.25 79.99 - - 06122./2000 135.08 - none 34.1472.1 MARKHAM, RON 62.30 33.16 29.14 - - 06/21/2000 63.36 - none 65.0472.1 MARQUARDT, MICHAEL 85.00 49.43 35.57 - - 06/27/2000 35.57 - none 33.1850.1 MARSHALL, GARY & BOBETTE 83.29 47.90 35.39 - - 07/17/2000 30.00 - none 21.1878.1 MARSTON, KELLI 300.00 - - - 300.00 04/20/2000 57.35 - none 50.2176.1 MARTIN, JASON 66.89 34.06 32.83 - - 06/13/2000 92.48 - none 4.0834.2 MARTIN, STEVEN 65.71 40.40 25.31 - - 06/16/2000 25.31- 51.0514.1 MATHEWS, DONNA 69.23 45.15 24.08 - - 07/21/2000 62.21 - none 32.0802.1 MATHIEUS, MICHAEL 139.51 108.05 31.46 - - 07/11/2000 25.31 - none 19.0186.1 MATTHEWS, JERRY 61.70 32.86 6 -ft* -M 28.84 - 06/09/2000 28.84 - none *** in Msg column indicates no Notice is to be sent J CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Aug 15,2000 02-.04pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Last Pmt Date Last Pmt Amount Msg 1.0074.3 MCAFFEE, ANITA 157.88 93.71 34.34 29.83 - - 1.01702 MCCURDY, NATHAN 71.54 42.70 28.84 - - 07/13/2000 27.60- 50.2412.2 MCDANIEL, PATRICK 100.96 64.67 36.29 - - 07/27/2000 30.00- 31.3474.1 MCDONALD, SHAWN 71.18 40.68 30.50 - - 06/12./2000 70.00 - none 4.1698.1 MCDONALD, TONY & TRUDY 295.29 201.93 93.36 - - 07/14/2000 56.46 - none 1.0090.2 MCFADDEN, CLEORA 9122 62.38 28.84 - - 06/15/2000 101.60- 68.0098.1 MCGILVERY, BELINDA 103.08 47.85 55.23 - - 07/19/2000 46.62 - none 31.3242.1 MCGOWAN, DAVID E. 164.67 108.33 56.34 - - 07/17/2000 62.49 - none 5.0446.1 MCGRATH, MICHAEL 229.95 203.46 26.49 - - 07/07/2000 75.00 - none 21.0062.1 MCKAY, CINDY 192.29 129.52 62.77 - - 06N2/2000 95.52 - none 31.0822.1 MCKAY, JOHN 144.32 98.77 45.55 - - 06/26/2000 38.17 - none 50.2444.1 MCNITT, STEVE & TRACY 130.61 62.33 68.28 - - 07/18/2000 47.00 - none 42.1796.1 MCQUILKIN, CURTIS 81.94 46.67 35.27 - - 07/19/2000 33.29 - none 50.0326.1 MEEK, JEANNE ANN 59.24 37.61 21.63 - - 07/17/2000 25.00 - none 69.0062.2 MEEKER, LARRY 185.66 92.83 92.83 - - 06/12/2000 175.03- 34.0968.2 MEHOLCHICK, VICKY 245.22 170.23 74.99 - - 06/22/2000 82.00- 1.2730.1 MELLEN, ANGELA 159.91 102.18 57.73 - - 06/19/2000 69.63 - none 21.1132.1 MELTON, GARY 185.26 137.69 47.57 - - 07/19/2000 3527 - none 52.1090.1 MERIDIAN SPEEDWAY 17711.33 933.03 778.30 - - 06/13/2000 728.46 - none 52.1100.1 MERIDIAN SPEEDWAY 725.50 231.36 494.14 - - 07/21/2000 227.58 - none 21.0094.1 METIVIER, JAMES 86.45 49.13 37.32 - - 07/20/2000 46.00 - none 74.3246.1 MEYER, JOHN & LISA 224.10 124.35 99.75 - - 07/12/2000 75. 15 - none 2.2030.1 MEYER, VIRGINIA 59.62 36.74 22.88 - - 07/14/2000 20.76 - none 50.3800.1 MEYERS, SHEILA 199.07 37.08 67.99 42.00 52.00 04/14/2000 139.69 - none 74.1032.1 MICHAELSON, BRADLY C. 63.48 30.51 32.97 - - 07/03/2000 32.97 - none 31.3032.2 MILLER, CHARLIE 202.93 177.19 25.74 - - 06/22/2000 80,91- 3.0128.1 MILLER, GREGORY 91.98 - 25.76 15.40 50.82 05/09/2000 52.76 - none 42.2118.1 MILLER, JIM & SANDI 162.45 98.61 63.84 - - 07/11/2000 26.08 - none 3.0102.1 MILLER, KENT.,& JENNIFER 85.63 51.59 34.04 - - 07/18/2000 34.04 - none 34.1964.2 MILLER, RICKEY 124.13 77.86 46.27 - - 07/14/2000 43.60- 42.1146.2 MILLER, WADE 169.55 105.85 63.70 - - 06/09/2000 34.18- 34.2044.1 MILLER, WILLIAM G. 166.46 107.38 59.08 - - 07/17/2000 38.17 - none 46.0406.1 MILLS, TIMOTHY 77.29 40.49 36.80 - - 07/03/2000 35.57 - none 1.2420.1 MIRONOV, BARBARA & OLEG 121.90 78.95 42.95 - - 06/23/2000 122.98 - none 32.1436.1 MODEN, WALTER 59.84 33.16 26.68 - - 07/01/2000 30.37 - none 33.2744.1 MOFFIT, JENNIFER 54.64 30.56 24.08 - - 06/19/2000 48.16 - none 21.2820.1 MOGEL, BRYAN 59.24 32.86 26.38 - - 06/23/2000 26.38 - none 40.0202.1 MONTEE, KENNETH 85.47 61.59 23.88 - - 08/08/2000 36.66 - none 3.0874.1 MONTGOMERY, PAT 113.80 81.13 32.67 - - 07/20/2000 31.44 - none 74.2832.1 MOONEY, KEVIN 119.07 68.76 50.31 - - 06/19/2000 49.08 - none 21.2602.2 MOONEY, MARGOT 362.98 283.13 79.85 - - 06/22/2000 17.48- 74.3300.1 MOORE, DONALD L. 52.76 26.38 26.38 - - 06/22/2000 26.38 - none 32.0816.1 MOORE, RICK T. 207.54 161.64 45.90 - - 07/03/2000 75.00 - none 3.0380.1 MOORS, WILLIAM & JENNIFER 100.50 62.94 37.56 - - 06/19/2000 45.00 - none 74.2496.1 MORRIS, ROCKY 149.82 79.83 69.99 - - 07/19/2000 146.15 - none 32.0654.1 MORRISON, MICHAEL & BENICIA 218.92 136.51 82.41 - - 07/21/2000 60.00 - none 42.1978.1 MORSE, DAVID & SHELLEY 103.84 72.38 31.46 - - 07/19/2000 24.08 - none 1.4501.1 MORTENSEN CONSTRUCTION 648.00 498.-96 149.04 - - 06/13/2000 2.09- 74.0022.1 MORTON, MERRILEE PARK 159.61 92.96 66.65 - - 07/19/2000 30.00 - none 74.2666.1 MOSER, CAROLYN 147.59 89.67 57.92 - - 07/18/2000 55.00 - none 2.0526.1 MOSSI, DAVID L 396.95 167.68 92.32 87.40 49.55 07/24/2000 92.32 - none 22.1602.1 MOUNCE, ROBERT 252.93 152.59 100.34 - - 06/22/2000 67.87 - none 34.0500.1 MOURITSEN, LAYNE 339.89 243.91 95.98 - - 07/19/2000 79.46 - none 69.1258.2 MULTERER, JAMES 142.75 115.36 27.39 - - 07/10/2000 80.00- 34.1686.1 MURPHY, JACK 277.83 210.42 67.41 - - 06/21/2000 69.63 - none **'" in Msg column indicates no Notic-e is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Aug 15,2000 02:04pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Dale Amount Msg 4.1804.1 MURPHY, WILLIAM 144.67 97.10 47.57 - - 06/29/2000 38.96 - none 21.1068.1 MURRAY, JOHN 194.38 142.77 51.61 - - 07/17!2000 50.00 - none 2.6860.1 MYERS, MICHAEL 91.43 50.80 40.63 - - 06/22/2000 39.40 - none 69.2302.1 NEAL, KEVIN & MICHELLE 273.21 239.31 33.90 - - 06/27/2000 32.67 - none 20.1692.2 NEEDS, STEVEN 269.86 200.58 69.28 - - 07/21/2000 16.00- 34,1966.1 NEYDEN, ROBERT 186.21 116.64 69.57 - - 06/08/2000 66.57 - none 31.3308.2 NICHOLS, TAMMY 61.07 34.39 26.68 - - - 74.2528.1 NICHOLSON, JERRY E. 130.59 81.36 49.23 - - 07/26/2000 21.00 - none 42.0292.1 NIELSEN, DAVID 71.62 39.29 32.33 - - 05/05/2000 100.00 - none 31 .0726.1 NITZ, JASON 94.00 61.31 32.69 - - 06/09/2000 143.87 - none 31.2262.1 NOLAN, ROBERT 143.09 91.39 51.70 - - 06/08/2000 127.79 - none 32.1758.1 NORRIS, GLENA 209.62 151.10 58.52 - - 06/07/2000 122.67 - none 20.1396.1 OGLESBEE, DAVID & MARITA 193.76 122.42 71.34 - - 07/17/2000 50.00 - none 72.0174.1 O'LEARY, LORI 9925 54.67 44.58 - - 07/18/2000 50.00 - none 31.0502.2 OLSEN, MARY ANN 142.81 110.93 31.88 - - - 3.0402.1 OLSEN, MARY ANN 173.63 115.27 58.36 - - 06/28/2000 31.30 - none 22.1400.3 OLSEN, STEVE 283.94 236.23 47.71 - - 07/10/2000 62.47- 46.0798.1 OVERSETH, TEENA 60.46 36.38 24.08 - - 07/03/2000 24.08 - none 51.3430.1 OVERTON, DAVID C 106.68 77.11 29.57 - - 08/03/2000 50.00 - none 50.3898.1 OWEN, KEVIN 109.36 32.97 39.12 37.27 - 07/20/2000 66.00 - none 2.2550.3 PACK, PAUL 70.24 38.36 31.88 - - 07/19/2000 30.00- 74.2968.1 PACKARD, MICHAEL & SUZANNE 73.21 50.17 23.04 - - 08/09/2000 20.00 - none 31.3504.1 PADDOCK, LINDA 196.09 163.40 32.69 - - 07/03/2000 33.92 - none 21.2230.1 PAGE, LINDA 83.84 43.93 39.91 - - 07/17/2000 31.30 - none 50.1770.2 PALMER, ELDON 145.92 119.38 26.54 - - 06/12/2000 60.59- 69.0300.1 PARK, JON & TESSIA 83.40 40.47 42.93 - - 06/19/2000 87.09 - none 21.0114.1 PARKE, KIRBY 157.70 91.93 65.77 - - 07/17/2000 60.85 - none 5.0633.1 PARKSIDE CREEK HOME. ASSO, 149.04 108.54 30.78 9.72 - 12/30/1999 36.33 - none 74.3970.1 PATE, ERIC & LINDA 52.76 26.38 26.38 - - 07/19/2000 26.38 - none 46.0240.1 PATTERSON, RYAN 235.97 - - - 235.97 07/26/2000 25.00 - none 51.0746.2 PERKINS, CHARLES 104.35 55.25 49.10 - - 07/17/2000 34.34- 21.3160.1 PETERSEN, DOUGLAS & JENNIF 200.53 164.75 35.78 - - 07/10/2000 59.50 - none 33.2344.2 PETERSEN, RON 54.64 30.56 24.08 - - 06/19/2000 72.24- 72.0258.1 PETERSON, KONNEL 48.24 24.08 24.16 - - 07/11/2000 31.30 - none 74.2616.1 PETERSON, NOEL &MARTA 91.62 49.75 41.87 - - 07/19/2000 50.00 - none 69.0478.1 PHAKDY, SAM 129.58 66.02 63.56 - - 07/03/2000 10.46 - none 2.1550.1 PHILLIPS, GERALD 152.65 108.47 44.18 - - 06/23/2000 35.57 - none 34.1560.1 PHILP, HAROLD 218.79 137.85 80.94 - - 07/17/2000 44.04 - none 31.0776.1 PIEPMEYER, THOMAS 217.00 157.25 59.75 - - 06/13/2000 89.60 - none 2.6010.1 PIEPMEYER, TOM 186.14 117.22 68.92 - - 06/13/2000 56.62 - none 22.1526.1 PIERCE, TANYA 213.77 127.02 86.75 - - 07/18/2000 69.00 - none 2.1870.1 PIPER, LARRY 106.46 61.31 45.15 - - 06/15/2000 74.08 - none 42.3086.1 PLEW, KEVIN 136.22 91.11 45.11 - - 07/21/2000 36.50 - none 4.1412.1 PLUMLEY, RODNEY & M. NAOMI 254.14 188.12 66.02 - - 07/17/2000 34.04 - none 21.1942.1 POOL, JAMES H. 226.02 149.46 76.56 - - 07/19/2000 60.57 - none 21.2604.1 PORTER, RODNEY 216.29 145.21 71.08 - - 07/14/2000 34.51 - none 4.1886.1 PRESCOTT, RANDY 179.67 113.37 66.30 - - 06/09/2000 44.16 - none 21.2990.3 PRICE, HUBERT 174.94 105.57 60.96 8.41 - - 4.2320.1 PRIGGE, ROBERT & JOAN 237.64 173.80 63.84 - - 07/20/2000 42.93 - none 31.0060.2 PRINCE, JACOB 68.28 44.76 23.52 - - 07/03/2000 16.14- 21.1828.2 PRINTZ, DIENIA 157.46 106.57 50.89 - - 07/18/2000 17.88- 4.2248.2 PUCKE , RUSSELL 311.22 215.88 95.34 - - 07/03/2000 63.00- 42.1230.1 PURCELL, SHAUN 78.57 44.37 34.20 - - 07/12/2000 30.51 - none 34.1172.1 QUARNBERG, CARL & DOROTHI 225.45 131.45 94.00 - - 07/19/2000 60.00 - none 7.0886.1 QUINN, JILL 66.62 37.78 28.84 - - 07/19/2000 26.38 - none *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Aug 15,2000 02:05pm Current Period: 0813112000 Dekinquent Minimum of $ 20.00 compared to Delinquent Balance Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Last Pmt Date Last Pmt Amount Msg 19.0220.1 RADY, STEVE 86.23 45.74 40.49 - - 07/12/2000 34.34 - none 19.6586.1 RALPHS, ROD 69.56 34.25 35.31 - - 06/15/2000 73.47 - none 51.0890.1 FZAYGOZA, IGNACIO & VENITA 89.53 45.69 43.84 - - 07/18/2000 50.00 - none 34.1792.1 REED, PATRICIA 271.74 173.55 98.19 - - 07/19/2000 82.00 - none 33.4578.1 RHINEHART, DOUG & MARY 185.39 135.39 50.00 - - 07/19/2000 44.64 - none 32.1694.1 RICE, E. DONALD 259.27 170.39 88.88 - - 07/17/2000 61.95 - none 4.0518.1 RICHTER, PATRICIA 61.70 35.32 26.38 - - 06/15/2000 26.38 - none 50.2084.2 RILEY, WAYNE 68.92 35.29 33.63 - - 07/03/2000 25,00- 21.2966.1 RINEHART, MICHAEL & SUZANN 234.50 169.69 64.81 - - 06/20/2000 58.66 - none 42.1844.1 RIVERA, REGENA 145.96 66.35 57.57 22.04 - 07/17/2000 35.00 - none 21.0492.1 ROBERTS, CHARLES 80.14 45.16 34.98 - - 07/17/2000 35.00 - none 69.0184.1 ROBERTS, KENT 68.37 33.89 34.20 .28 - 06/15/2000 100.00 - none 5.0164.1 ROBINSON, CAL & COLLEEN 182.80 131.54 51.26 - - 07/10/2000 36.50 - none 74.3210.1 ROBINSON, LONNIE 61.65 30.21 31.44 - - 07/17/2000 28.98 - none 21.1920.1 RODERICK, SHANNON 147.67 48.85 43.60 28.84 26.38 04/19/2000 118.12 - none 2.5170.1 RODRIGUEZ, JILL 92.04 71.99 20.05 - - 08/09/2000 50.00 - none 74.3090.1 ROGERS, WAYNE & SUSAN 55.22 26.38 28.84 - - 07/19/2000 27.61 - none 21.2006.1 ROSE, MARK & TAMARA 100.32 57.09 43.23 - - 07/18/2000 40.77 - none 42.2404.1 ROSE, PHOEBE 135.03 89.74 45.13 .16 - 06/27/2000 93.00 - none 20.1864.1 ROWLEY, HELEN 128.48 98.63 29.85 - - 07/24/2000 50.00 - none 40.0414.1 ROY, TED 62.66 37.94 24.72 - - 01/21/2000 22.85 - none 51.3198.1 RYKER, ANITA 257.32 139.73 117.59 - - 07/17/2000 58.55 - none 22606.2 SAGE, MARSHALL 165.34 111.74 53.60 - - 06/12/2000 35.15- 51.3076.2 SAGER, LEE & NADEAN 145.78 118.20 27.58 - - - 33.2616.1 SAILORS, GREG 107.39 59.41 40.63 7.35 - 07/03/2000 65.00 - none 19.7156.1 SALAZAR, DANIEL 72.63 46.55 26.08 - - 06/29/2000 37.00- 74.0354.1 SAUNDERS, MICHAEL & STACY 134.50 67.25 67.25 - - 06/13/2000 42.81 - none 34.1078.,.2 SAVELBERG, DOYLE 134.39 104.39 29.00 1.00 - 07/13/2000 25.54- 2.5680.1 SAXTON, CORY 145.23 87.56 57.67 - - 06/15/2000 75.00 - none 21.1898.1 SCRAPPER, RONALD 130.46 99.42 31.04 - - 07/26/2000 25.00 - none 74.0382.1 SCHILDHAUER, YOLANDA 115.30 47.73 67.57 - - 07/18/2000 31.74 - none 34.2122.1 SCHMIDT, GLEN 180.38 141.40 38.98 - - 07/17/2000 38.98 - none 32.1642.1 SCHMIT, JAMES 89.65 43.14 32.97 13.54 - 06/09/2000 49.94 - none 34.2144.1 SCHRANK, THOMAS A 338.20 238.75 99.45 - - 07/17/2000 92.07 - none 1.2260.1 SCOTT, DAVID 117.53 87.30 30.23 - - 07/20/2000 25.31 - none 74.0871.1 SCOTTSDALE SUBDIVISION 163.62 123.12 40.50 - - - 1.1915.1 SEABURY 91.66 64.80 22.68 4.18 - - 32.1578.1 SELDIN JR, STEVEN 83.77 48.20 35.57 - - 07/12/2000 35.57 - none 3.0832.1 SEVERSON, DENA 70.31 43.93 26.38 - - 07/12/2000 26.38 - none 74.2890.1 SHAFFER, ROBERT 77.29 39.26 38.03 - - 07/18/2000 39.26 - none 31.0158.1 SHARP, MARIETTA D. 85.93 54.21 31.72 - - 07/10!2000 30.00 - none 20.1910.1 SHEA, JOE & SUZANNE 135.11 88.63 46.48 - - 07/17/2000 39.10 - none 74.2758.1 SHIELDS, JOHNNY 88.03 59.43 28.-60 - - 08/11/2000 60.00 - none 34.0724.2 SILCOX, BENJAMIN 515.00 314.69 185.54 14.77 - 05/23/2000 52.00- 2.2500.1 SILVA, JOSEPH 205.88 127.09 78.79 - - 07/10/2000 75.10 - none 4.1632.1 SIMMONS, JOHN & JANA 151.77 100.65 51.12 - - 07/18/2000 37.59 - none 74.0416.1 SIMS, PATRICIA 82.25 52.67 29.58 - - 07/20/2000 41.00 - none 34.0660.1 SINCLAIR, MELVIN 118.77 71.85 46.,.92 - - 07/17/2000 42.00 - none 21.2836.2 SINGLETON, RODNEY 102.97 61.57 41.40 - - 07/20/2000 103.02- 34.0436.1 SKELTON, RANDY 182.52 106.80 75.72 - - 06/07/2000 102.45 - none 2.1200.1 SMART, B & K STEWART 194.15 136.90 57.25 - - 07/27/2000 20.00 - none 31.0780.2 SMELTZER, NEIL 153.32 113.23 40.09 - - 07/18/2000 20.00- 31.0134.1 SMITH, BRADLEY 122.34 73.24 44.46 4.64 - 07/20/2000 50.00 - none 21.3010.1 SMITH, BRYAN 102.61 66.23 36.38 - - 06/22/2000 29.00 - none 74.2824.1 SMITH, JEROMY 91.77 57.27 34.50 - - 08/01/2000 34.00 - none ** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Aug 15,2000 02:06pm Current Period: 08/31!2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Definq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 51.0498.1 SMITH, KARL 117.03 61.59 55.44 - - 06/09/2000 71.52 - none 46.0380.2 SMITH, KYLE 50.62 26.54 24.08 - - 06/19/2000 25.31- 50.0012.1 SMITH, PAUL H. 128.05 73.33 54.72 - - 07/20/2000 51.66 - none 50.0152.2 SMITH, RON 53.08 27.77 25.31 - - 07/18/2000 24.08- 2.6170.1 SMITH, SHANE 101.06 64.84 36.22 - - 07/14/2000 30.07 - none 33.2646.1 SONDERMAN, MARTIN 125.53 70.62 54.91 - - 07/19/2000 50.00 - none 21.3164.1 SOWER, MICHAEL 150.65 108.03 42.62 - - 07/17/2000 40.00 - none 31.0548.1 SPARKS, ROBERT 91.01 56.37 33.90 .74 - 06/09/2000 60.00 - none 74.2562.1 SPENCER, JAMES 212.55 126.01 86.54 - - 06/16/2000 91.00 - none 34.3316.1 STADLER, STEPHEN & HEATHEF 218.29 192.47 25.82 - - 07/20/2000 80.00 - none 32.15982 STAGGS, DUKE 60.79 35.48 25.31 - - 06/12/2000 26.54- 3.0844.1 STAMMERJOHN, JIMMY 77.84 46.39 27.61 3.84 - 07/19/2000 25.00 - none 2.1160.1 STATES, DION 118.60 90.83 27.77 - - 06/09/2000 58.16 - none 2.4520.2 STEBBINS, JODIE 162.81 100.28 62.53 - - 07/17/2000 50.00- 22.1048.1 STEINER, THURSTON 233.51 167.35 66.16 - - 07/19/2000 37.24 - none 51.3280.1 STENSON, VIRGINIA 305.59 - - - 305.59 - none 31.0496.1 STERTZ, SUSAN 122.62 70.78 51.84 - - 07/20/2000 32.77 - none 21.0152.2 STODDARD, NORMAN 189.51 109.68 79.,83 - - 06/02/2000 96.93- 34.1800.1 STONER, JERRY 151.91 88.79 63.12 - - 07/19/2000 40.00 - none 22.1380.1 STORER, GEORGE & PATRICIA 370.57 - - - 370.57 - none 21.1058.1 STUBBLEFIELD, MARK 200.79 133.47 67.32 - - 07/03/2000 57.00 - none 69.0646.1 SUDERMAN, MARK 152.95 8324 69.71 - - 07/18/2000 53.72 - none 21.1168.1 TALBOT, PORTER 276.73 191.42 85.31 - - 07/19/2000 60.71 - none 2.0958.1 TANAKA, TINA 146.95 114.12 32.83 - - 07/19/2000 26.68 - none 50.1686.3 TAVARES, MARVIN 74.83 38.03 36.80 - - 07/19/2000 31.06- 3.0418.1 TEAGUE, RON & JANET 104.36 61 .57 42.79 - - 07/18/2000 39.10 - none 50.1020.1 TECO INVESTMENTS 74.09 46.80 27.29 - - 07/20/2000 50.00 - none 33.0056.1 TEL -CAR INC. 529.19 287.16 242.03 - - 07/21/2000 150.11 -none 34.0688.1 TEMPLIN, CLARISA 54.64 30.56 24.08 - - 06/22/2000 96.29 - none 2.1190.1 TERRELL, A 97.46 46.97 50.49 - - 06/22/2000 91.14 - none 2.1930.1 TERRY, TIMOTHY 144.78 - - - 144.78 10/01/1999 82.59 - none 1.3490.1 THIEMANN, ERIC 74.88 44.37 30.51 - - 07/17/2000 34.20 - none 2.0952.1 THOMAS, TIMOTHY 94.56 60.36 34.20 - - 06/15/2000 79.79 - none 34.1550.1 THOMPSON, HARRY 26.13 - - 26.13 - 06/20/2000 10.00 - none 32.0660.1 THOMPSON, JON & HAZEL 110.44 60.92 49.52 - - 06/09/2000 96.58 - none 21.2768.2 THURBER, RICHARD 245.36 151.36 94.00 - - 07/17/2000 68.00- 3.0420.11 THURBER, RICHARD 140.98 89.72 51.26 - - 06/26/2000 34.04 - none 2.2200.3 TODD, RICK 54.64 30.56 24.08 - - 07/18/2000 34.08- 40-0250.1 TOMICH, LONNY 79.28 49.29 29.99 - - 07/17/2000 35.00 - none 50.4022.2 TORGESON, MATTHEW 395.58 199.02 196.56 - - 06/19/2000 36.66- 34.0953,1 TRACT HOMEOWNERS ASSOCl/ 1,283.32 1,020.60 262.72 - - 07/17/2000 144.18 - none 4.0928.1 TREES, ROY 64.96 36.55 28.41 - - 07/18/2000 31.84 - none 31.2254.1 TURNER, RAYMOND 248.28 - - - 248.28 - none 42.2348.3 TU LE, TAMMY 194.54 153.40 41.14 - - 06/08/2000 56,45- 34.2104.1 TYLER, HEIDI 124.77 91.41 33.36 - - 07!20/2000 75.00 - none 52.0263.1 UNDER THE ONION 322.38 150.66 171.72 - - 06/28/2000 125.02 - none 5.0456.1 UPTON, CHAD 203.43 168.30 35.13 - - 06/08/2000 554.14 - none 74.2876.1 USSERY, TRACY 189.93 64.54 64.54 60.85 - 07/25/2000 30.00 - none 22.0178.1 VALDEZ,ADALFO 122.53 77.42 45.11 - - 07/12/2000 3527 - none 19.8016.1 VALLI BUILDERS 54.64 30.56 24.08 - - 06/19/2000 12.72- 68.0288.1 VAN GENDEREN, RICHARD 109.30 55.51 53.79 - - 07/19/2000 56.00 - none 7.0782.1 VAN HEES BUILDERS INC 53.15 30.56 13.52 6.48 2.59 - 51.4010.1 VAN HOUTEN, ROBERT 149.84 91.06 58.78 - - 07/20/2000 70.00 - none 1.1820.2 VANHOUTEN, MICHELLE 54.64 30.56 24.08 - - 06/08/2000 24.08- 21.2946.1 VARNER, GERALD & SHAWNA 194.78 166.96 27.82 - - 08/08/2000 70.00 - none **" in Msg column indicates no Notice is to he sent CITY OF MERIDIAN Delinquent Account List- council Page,- 12 Standard Payment Customers Aug 15.,2000 02:06pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05/31/2000 04/30/2000 Date Amount Msg 33.0516.1 VARNER, KATHRYN 352.63 252.62 100.01 - - 06/12-/2000 290.18 - none 2.0466.1 VICK, WILLIAM & KELLY 184.91 128.29 56.62 - - 07/17/2000 46.78 - none 2.4550.1 VINCENT, TOMMY 89.36 58.99 30.37 - - 07/17/2000 30.37 - none 4.1899.1 VINEYARDS HOMEOWNERS AS.'. 1,373.76 1,001.16 372.60 - - 06/28/2000 106.92 - none 4.1977.1 VINEYARDS HOMEOWNERS AS.' 599.40 411.48 187.92 - - 06/28/2000 79.38 - none 4.1955.1 VINEYARDS HOMEOWNERS AS.'. 346.68 236.52 110.16 - - 06/28/2000 53.46 - none 4.2189.1 VINEYARDS HOMEOWNERS AS.'. 524.88 374.22 150.66 - - 06!28/2000 69.66 - none 46.0262.1 VNUK, JOHN J 80.54 46.50 34.04 - - 07/20/2000 34.04 - none 22.0318.1 VOORHEES, MICHAEL 96.14 59.92 36.22 - - 07/20/2000 26.38 - none 19.0354.1 VREELAND CO 122.58 73.22 49.36 - - 07/20/2000 112.05 - none 33.4518.1 WALBRIDGE, RAYMOND 166.59 70.98 36.38 31.46 27.77 05/01/2000 151.93 - none 21.0004.1 WALKER FAMILY TRUST 106.82 64.03 42.79 - - 07/18/2000 49.94 - none 1.2310.2 WALKER, BETTE 194.16 137.58 56.58 - - 07/17/2000 50.00- 34.27:34.1 WALL, MIKE 67.50 36.99 30.51 - - 06/19/2000 65.94 - none 1.3340.1 WALSH, RON 165.69 - - - 165.69 10/15/1999 191.33 - ***none 4.2132.1 WALSTON, DOUGLAS 198.39 158.48 39.91 - - 07/20/2000 36.22 - none 1.0460.1 WARDLE, JOHN 267.22 141.77 125.45 - - 06/09/2000 126.52 - none 22.1156.2 WARE, JAIMEE 210.44 159.69 50.75 - - 07/18/2000 30,00- 20.1846.1 WARE, MICKEY L. 275.49 198.10 77.39 - - 07/17/2000 47.71 - none 22.1594.1 WASDEN, NICHOLAS 182.24 131.26 50.98 - - 06/27/2000 26.38 - none 74.0114.1 WASE, KARI L. 184.58 87.37 97.21 - - 07/17/2000 50.30 - none 74.2330.1 WASSON, LEE & KARI 82.17 39.24 42.93 - - 07/18/2000 40.47 - none 74.3642.1 WATSON, MICHAEL 98.20 48.52 49.68 - - 07/17/2000 32.-60 - none 31.2230.1 WAITERS, TAMI 11196.99 1,150.93 46.06 - - 07/18/2000 32.53 - none 21.3144.1 WEAVER, LARRY 237.91 149.87 88.04 - - 07/18/2000 28.29 - none 33.4266.1 WEEK, NORMAN 140.52 80.88 59.64 - - 07/19/2000 55.95 - none 52.1076.1 WELLS FARGO BANK 173.12 86.56 86.56 - - 07/18/2000 86.56 - none 69.2298.1 WESEMAN, DIANE 210.37 84.89 125.48 - - 07!19/2000 63.98 - none 2.1370.1 WHITE, DEBRA LYNN 225.91 168.74 57.17 - - 07/12/2000 50.00 - none 4.0922.1 WHITING, BRENT & LYNETTE 81.27 44.49 36.78 - - 07/18/2000 36.78 - none 50.0194.1 WHITNEY, CLAYNE 52.08 26.54 25.54 - - 07/10/2000 30.00 - none 34.1508.1 WIARS, MARK 61.07 34.39 26.68 - - 07/03/2000 29.14 - none 5.0792.1 WICK, DON 271.05 170.79 100.26 - - 07/19/2000 66.00 - none 33.2392.1 WIDMAN, WENDY 296.73 179.28 117.45 - - 06/22/2000 46.11 - none 21.0180.1 WILBUR, MR ED & A COUPLE Sl%'.:. 187.4-8 142.49 44.99 - - 06/27/2000 32.69 - none 52.0262.1 WILD SHAMROCK LLP 662.76 335.21 327.55 - - 06/28/2000 318.55 - none 31.2274.2 WILLIAMS, FAYE 114.09 68.28 45.81 - - 07/12/2000 45.81- 2.2040.1 WILLIAMS, FRED 131.74 91.25 40.49 - - 07/13/2000 35.57 - none 34.0840.1 WILLIAMS, JASON & MICHELLE 277.55 199.21 78.34 - - 06/22/2000 27.91 - none 1.3360.1 WILLIAMS, PAUL 219.35 131.98 87.37 - - 06/15/2000 156.75 - none 32.1252.2 WILLIAMSON, DALE 88.85 54.51 34.34 - - 07/21/2000 74.25- 50.0210.2 WILSON, MITCHELL 102.45 56.76 45.69 - - 06/15/2000 88.22- 33.3662.1 WILSON, RANDY 93.33 57.90 35.43 - - 07/19/2000 35.43 - none 3.0316.2 WILSON, RUSSELL 117.14 86.33 30.81 - - - 52.0420.1 WINCO FOODS 155.32 66.21 43.23 39.40 6.48 'Fib 50.4490.3 WINTERS, BRIAN 66.89 26.68 40.21 - - 06/22/2000 38.63- 31.1686.1 WOLFE, MARK H. 198.,40 141.80 56.60 - - 07/03/2000 49.22 - none 20.1272.1 WOLFE, TAMI 126.00 73.34 52.66 - - 08/02!2000 30.00 - none 33.2358.2 WOLIN, DALE &LOIS 103.45 61.73 41.72 - - 07/78/2000 21.60- 69.0778.1 WOOD, BRADLEY 143.78 85.42 58.36 - - 06/22/2000 60.14 - none 31.3344.1 WOODRUFF, NOEL R 212.89 128.11 84.78 - - 07/19/2000 75.00 - none 19.7176.1 WOODS, DAVID 99.44 55.42 44.02 - - 07/19/2000 37.87 - none 34.,1506.2 WOODWARD, ROBERT 69.60 38.08 31.52 - - 07/19/2000 27.99- 3.0386.1 WRIGHT, LINDA 61.70 35.32 26.38 - - 06/09/2000 79.14 - none 32.1632.1 WRIGHT, MICHAEL & SUSAN 85.00 48.20 36.80 - - 07/17/2000 34.34 - none *** in Msg column indicates no Noticeis to be sent Grand Totals-. Report Cdteria.- Terminated customers not included Customer.Cust No = {c} 990D000 *** in Msg column indicates no Notice is to be sent 116,302.71 68,846.38 40,115.02 2,304.97 5,036.34 CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Aug 15,2000 02:07pm Current Period: 08/31/2000 Delinquent Minimum of $ 20.00 compared to Delinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/30/2000 05!31/2000 04/30/2000 Date Amount Msg 33.2382.4 YAMAMOTO, KRISTINE 80.08 44.51 35.57 - - 07/13/2000 42.51- 33.4250.1 YEAGER, ERIK 78.57 44.37 34.20 - - 06/27/2000 33.68 - none 74.3348.2 YEATTS, PAMELA 58.91 27.61 31.30 - - 07/19/2000 36,45- 34.1210.1 YOUNG, JOSEPH 65.88 45.88 20.00 - - 07/07/2000 20.63 - none 50.4008.1 YOUNGBLOOD, JON 177.24 84.93 92.31 - - 07/21/2000 40.49 - none 50.3784.1 ZAVALA, JOSE 58.66 36.38 22.28 - - 07/18/2000 40.00 - none 51.3320.1 ZIMMER, TIMOTHY P 103.51 43.76 59.75 - - 07/19/2000 26.54 - none Grand Totals-. Report Cdteria.- Terminated customers not included Customer.Cust No = {c} 990D000 *** in Msg column indicates no Notice is to be sent 116,302.71 68,846.38 40,115.02 2,304.97 5,036.34 D cnm cnz 0 c z 0 T TI 0 ZI D O z S f August 10, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT City Treasurer - Janicemh� Smith REQUEST Treasurer's Report AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT.0 : CENTRAL DISTRICT HEALTH,, NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted. August 15,, 2000 COMMENTS Date: Department Report ITEM NO. I]&TermC� Materials presented at public meetings shall become property of the City of Meridian. 25-A- 1 August 10, 2000 Department Report MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT City Engineer -Gary Smith ITEM NO. 25-B- 1 R EQUEST Western Electronics Site -Waterline Easement AGENCY CITY CLERK. CITY ENGINEER:0 CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE* ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted., COMMENTS See aliached Date: IT@ mfift Materials presented at public meetings shall become property of the City of Meridian. e To: Mayor Corrie Fromm.Gary D. Smith, PE CC: file Date: 08/04/00 Re: Western Electronics Site - Waterline Easement Mayor: I would appreciate it if you could place this waterline easement before the City Council, at. -..their next regularly scheduled meeting, for their review and approval. Following their approval, I will transmit the original document to you for you and our City Clerk to sign. Th:; nk your Gary Rom the desk of... Gary D. Smith, PE Meridian City Engineer Meridian Public Warks Dqurhmmt 200 E Carlton St, Suite 100 Meridian, Idaho K&2-2600 OPa el (�)��19Fax (los) ss� �n WATER MAIN EASEMENT THIS INDENTURE, made this 25th day of July, 2000, between DBSI Industrial Limited Partnership, an Idaho limited partnership, and Meridian Freeway Associates, an Idaho limited partnership, both of which have an address of 1070 North Curtis, Suite 270, Boise, Idaho 83706, jointly and severally the parties of the first part, an, dhereinafter called the Grantor, and the City of Meridian, a body politic and corporate of Ada County, Idaho, which has an address of 33 East 0 Idaho Avenue, Meridian, Idaho 83642, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, DBSI Industrial Limited Partnership owns the property described on the attached Exhibit "C", which by this reference becomes a part hereof, and WHEREAS, Meridian FreewayA0sociates owns the property described on the attached Exhibit "D", which by this reference becomes a part hereof, and WHEREAS, the said Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; wd WHEREAS, the water main is to be provided for through an underground pipeline to be. constructed by others,,,b and WHEREAS, it will be necessary to maintain and seryice said pipeline from time to time by the Grantee4b NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good aind valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: As set forth on the attached Exhibit "A" (legal description) and "B" (drawing), which by this reference become a part hereof. The easement hereby granted I*s for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience Water Main Easement Page 1 f•tF -. r �.. fkf#}ri • r of the Grantee, with the free right of access to such facili'ti'es at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. 40 However., the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement'. which would interfere with the use of said easement,, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and 45 possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part has hereunto subscribed their signatures the day and year first herein above written. GRANTORS: DBSI Industrial Limited Paptnegh p, an Idaho limited partnership By DBSI Prope .0 10 les L,imited Partnership, its General Partner i By A Genera Partner Meridian Freeway Associ"a Idaho limited partnership By DBS c., its eral artner By Douglas L. wenson, President GRANTEE: City of Meridian Robert D. Corrie, isavor Water Main Easement Page 2 Attest: Will0 iam G. Berg, Jr., City Clerk STATE OF IDAHO ss. COUNTY OF ADA On this 3" day of August, 2000, before me, the undersigned, a Notary Public, i'*n and for said State, personally appeared Douglas L. Swenson, known to me to be a General Partner of DBSI Properties Company Limited Partnership,, the partnership that executed the foregoing instrument in its capacity as general partner of DBSI Industrial Limited Partnership on behalf of said partnership, and acknowledged to me that said partnership executed the same.. REO IN WITNESS "E- F,,,l have sety y ve ar tciftifi'cale first,qh6veqCLY ! • - z - } 40 ! l Roe i d6a Y +; • +Mr -rte �4 -- + } + M1 i d i - fission expires 4 1, r* R. t STATE OF ]IDAHO ) )ss. County of Ada ) On this 3" day of August,2000, before me, the undersigned, a Notary Public in and for said State,, personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Inc., which corporation is known or identified to me to be the general partner of and the partner which 0 subscribed said partnership name to the foregoing inshlunent, and acknowledged to me that said corporation executed the same in said partnership name. IN WITNESS WHEREOF, I have here4ute---As hand and affixed my official seal the day and year 1-n this certificate first above wnttep: Water Main Easement Page 3 �taiyPublic for the State of Id Residing at Boise,, Idaho Commission expires Ll no -�D STATE OF IDAHO County of Ada On this SS day of August, 2000, before me, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie and William G. Berg Jr., known to me to be the Mayor nd City Clerk, respectively of the City of Meridian that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that said corporation executed the same,. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year i"n this certificate first above written. Notary Public for Idaho Residing at Comm. Expires: W (*2:23 P BS1 �SS\S N L `\ ANCEXP .NDSA . R Water Main Easement Page 4 NMI ME Quadrant August 4, 2000 Consulting, Inc. Page 1 of 2 EXHIBIT A DBSI INDUSTRIAL LIMITED PARTNERSHIP WATER LINE EASEMENT A 20 -foot wide water line easement located in the Southeast '/4 of the Southwest '/4 of Section 13, Township 3 North', Range 1 West,, Boise Meridian, ,Ada County,, Idaho, and more particularly described as follows: Commencing ata 5/8" pin marking the South Quarter Corner of said Section 13; thence North 00° 1 1 ' 5 2 " East 4 8. 0 0 feet along the east line of said Southwest '/4 o f Section 13 to a point on the north right-of-way line of West Overland Road; thence North 89°26'27" West 57.34 feet along said north right-of-way line to the POINT OF BEGINNING; thence leaving said north right-of-way line Due North 144..' 8 feet; thence Due East 41.33 feet; thence Due North 20.00 feet; thence ]Due West 41.33 feet; thence Due North 201,.84 feet; thence North 45 ° 00 ' 00 " West 150-.67 feet; thence Due West.' 2.89 feet; thence Due North l.'3.34 feet; thence Due West 20.00 feet; thence Due South 134.34 feet; thence Due West 409.7..) feet; thence Due South 467.26 feet; thence South 89°26'27" East 20.00 feet; thence Due North 57.51 feet; thence Due East 86.29 feet; thence Due North 20.00 feet; thence Due West 86.29 feet; thence Due North 262.17 feet; thence E ue East 86.74 feet; thence Due North 20.00 feet; thence Due West 86..74 feet; thence � Due North 87.77 feet; thence Due East 4.)4..'4 feet; thence South 45'00'00"' East 134. 10 feet; thence rF Due South 226. 1? feet; thence oF ��AOJQ Due West 59.90 feet; thence L01J�`' Due South ?--.0.00 feet; thence Due East 59,.90 feet; thence Due South 111.6? feet to said north nght-of-wa} ; thence South 89°26'27" East 20.00 feet along said north ricyZ:�ht-of-wav to the POINT OF BEGINNING_ IF 405 S. 8th Street., Ste. 295 Boise., ID 83702 • Phone (208) 342-0091 Fax (208) 342-0092 in Internet: quadrant@micronnet Civil Engineering Surveying Construction Management r � ■■ Quadrant Consulting, Inc. JUL Y 2 7, 2000 PAGE 2 OF 2 EXHIBIT B CITY OF MERIDIAN N WATERLINE EASEMENT Q N. To S N90*00"00"W 578.50' w 20. 00' ------ ---- S 13.34 -- --13.34'--- W 409.73' W 32.89' PROPERTY LINE-�� E 434.34' lillillillorF S. F TJ6 8 6. 74' ASO- �l/�%1//l!J- N 2 0. 00' 86.74' ' 20' WIDE WATERLINE I �, f -PROPERTY LINE EASEMENT Co Cn � Iv N ei w '2 3 �RTNERSHIP de U 'ev W � ��MiTEft D PA3N� to 0."Z "-a enRSI INDUSTR�A PEED #�pp0 � ' o o WARRANTY �'� I � z / W' 41.33' N W 59.90' E 41,33' S 20.00' E 59.90 W 86.29 Co , n N 2 0. 00' N/ � E 86.29' Z 57-651' E 20.00' �] 57.34' OVERLAND (SEC 17ON LI, N89026027"W 577 72 9 S 1/4 SEC TI ON 13 T.3N.,R.1W., B.M. 20.00' EXHIBIT C Property owned by DBSI Industrial Limited Partnership A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 N. Range 1 West'. Boise Meridian, Ada County,, Idaho, more particularly described as follows: Beginning ata 5/8 pin marking the South quarter corner of said Section 13 and the POINT OF BEGINNING; thence North 00°11'52" East 547.89 feet along the East Iine of said Southwest quarter of Section 13; thence leaving said East line North 90°00'00' West 578.50 feet; thence South 00° 06' 51" West 542.31 feet to the South line of said Southwest quarter of��1111 Section 13, said line also being the centerline of Overland Road; thence South 89026'27"" East 577.68 feet along said South line to the POINT OF BEGINNING; EXCEPT that portion situated 1*n the Overland Road right-of-way. 07 V 11:09 AMG:XWPTMANCE)PEP4DSAL�RIFWYXDBSI lmluarW LP Property Lcgal.dac Property owned by Meridian Freeway Associates A tract of land situated in the Southeast quarter of the Southwest quarter, Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows:0 Commencing ata 5/8" iron pin marking the South quarter corner of said Section 13; thence North 89026"27"' West 577.68 feet along the Southerly boundary of said Section 13, which is also the centerline of Overland Road, V1111) a %i" iron pin which is the real point of beginning; thence continuing North 89°26'27" West 248.39 feet along the said Southerly boundary of Section 13 and the said centerline of Overland Road to a %z" iron pin; thence North 3 1 °06'24" West 421.43 feet along the approximate centerline of a canal to a point; thence North 81°09'35" West 286.31 feet along the approximate centerline of sa*6 id canal to a point; thence North 0°06'5 1 " East 718.0 8 feet to a 5/8 " iron Pl'* n on the Southerly nght-o f -way boundary of Interstate Highway 80; thence South 89°53'39" EC44at 1,325.21 feet along the said Southerly right-of-way boundary of Interstate Highway 80, to a 5/8" iron pin on the North-South quarter section line of said Section 134P5 thence South 0°00'00" East 694.94 feet along the said North-South quarter section line to a 5/8" iron pin, which is located 433.94 feet North from the South quarter corner of said Section 13; thence North 87°10'49" West 577.46 feet to a 5/89d) iron pin; thence South 0°06'5 1 " West 45 6.2 3 feet to the real point o f beginning. EXCEPTING THEREFROM THE FOLLOWING PROPERTY: A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, B.M., Ada County, Idaho, more particularly described as follows: Commencing ata 5/8 inch iron pin marking the South quarter corner of said Section 13'D thence along the East line of said Southwest quarter of Section 13 North 00°11'52" (formerly shown as North 00° 00'00") East 433.49 feet to a point being the Northeast corner of a tract of land described in Warranty Deed recorded as Instrument No. 95085854, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence continuing along said East line North 00° 11 '52" East 114.40 feet; thence leaving said East line North 90°00'00" West 578.50 feet; thence South 00°06'51" West 86.08 feet to the Northwest corner of said tract described in Warranty Deed recorded as Instrument No. 9508585410 records of Ada County, Idaho; thence South 87°10'49" East 578.96 feet along the North line of said tract to the POINT OF BEGINNING. Fill(orandum To Mayor Corrie and City Council From: Tom Kuntz , ICwoeo-- Date.* 0&15-00 AUG 1 2000 C" OF MU. W-fAN Re: Nampa Meridian Iniraution District License Agreement for Five -Mile Drain Pathway Please find attached the license agreement for the Five -Mile Drain Pathway. We are trying to submit all necessary documents to I.T.D. by August 30 for our Pathway Project. The license agreement is an essential component of final funding approval from the Federal Government. Nampa Meridian Irrigation District board has given authorization to Darren Coon to sign this agreement on behalf of the District once the City has approved it. In addi'ti'on, attached is a letter from the Bureau of Reclamation supporting our pathway on their property. Your approval. of this agreement tonight would be appreciated. 08/15/00 H 3.� IN PEPLY REFER TO: S RAOW - 6113 LND-3.00(BOI) t� ted States Department of. e Interior Mr . Daren C Secretar reasurer Nampa eriq*di4an Irrigation 15 First Street South mpa ID 83651 BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 July 21, 2000 District Subject: City of Meridian's Five11Me Creek Dear Mr. Coon: Pathway The Bureau of Reclamation has reviewed the City's proposed 5 Mile plans within the United States' Five Mile Drain right-of-way and technical or operation and maintenance (0&M) problems. District previously requested in our letters of August 3. 1995 and March Reclamation looks forward to authorizing the those activities having noegregiwwus i mpacts maintenance by the Nampa Meridian Irrigation a tremendous asset to the City's thousands of effect on the federal irrigation and drainage Please review the enclosed pathway license copies signed on behalf of the District and execution, the District will be returned a pathway identified no comments were 12. 1998. City's pathway contingent upon on Five Mile Drain operation and District. We see the pathway as res idents with insignificant system. and, if acceptable, have both returned to this of fice. Upon copy. 40 411 Please contact me" -k -ph. 334-&1460) if we can provide ''i-urther information or assistance. Sj Jerrol1�`' Gregg Area Manager Enclosure cc: City of Meridian, 33 East Idaho Ave., Meridian ID 83642 Tire bu-P rgess. Civil Survey Consultants. P.O. Box 39,, Meridian IO 83680 F �4 LICENSE AGREEMENT 11 t day of , 2000, b LICENSE -G1 EEM[ENT., ade an I yy and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an ganized and existing under and by virtue of the laws of the State of Idaho, party of the first part,, hereinafter referred to as the " District and THE CITY OF MERIDIAN, a political subdivision and .6 municipality of the State of Idaho party of the second part, hereinafter referred to as the "Licensee IF WITNE S SETH. WHEREASirri , the District is the owner of the gationit d ch or canal known as FIVEMII.,E DRAIN (hereinafter referred to as the " Drain an integral part of the irrigation works and system of the District, together with easements therefor (the "easement area") which include easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes; and, a portiNVIMP%IEAS on of the Drain and easement area crosses and intersects lands within the City of Meridian in Section 1, Township 3 North, Range 1 West,, B.M., Ada County, as shown on Exhibit A attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee owns the portion of the real property crossed by the Fi*vemile Drain described in Exhibit B,, attached hereto and by this reference made a part hereof, and has obtained or will obtain easements or authorizations from the owners of the remainder of the real property crossed by the Fi*veniile Drain shown in Exhibit A. and, IN WHEREAS, the Licensee desires a license to permit the construction,, installation, and maintenance of a pathway, landscaping and related improvements within the easement area for the portion of the Drain located in Section 1, Township 3 P jortl , I Lange. 1 West, I I 11IF MS7 Ada County, and tomake the Pathway available to the public without charge for recreational activities, in the manner ereinafter appearing and under the terms and conditions hereinafter set forth;, and, LlCENSE AGREEMENT -Page 1 WHEREAS, it is necessary that the Di strict protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses, NOW,, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set firth, the parties agree each with the other as follows,. 1. Purpose of License; Permitted Construction and Uses. This Lcense iAgreement pernuts the Licensee to construct and mainta16 in a pathway, landscaping, and related improvements within the portion of the easement area of the Drain shown in Exhibit A and permrmt the Licensee to make the pathway available to the public without charge for recreational use as contemplated by Idaho Code section 3 6- 1604. The pathway to be used by the public is hereby designated as the Fiverrffle Drain Pathway. The authorized uses of the Fivermle Drain Pathway are limited to walking,, jogging, and riding bicycles or other human -powered vehicles or devices. Authorized uses shall not include horseback riding, fishing, hunting,, or any use of motorized vehicles except for necessary access b y law enforcement personnel or for construction,, maintenance or repair work by Licensee of the pathway, landscaping, and related improvements or by the District for District purposes, or for access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons. This License Agreement does not approve,, authorize or permit any other construction or activity within or affecting any other part of the Drain, easement area,, or the irrigation or drainage system of the District. The Licensee agrees that it will obtain from the District separate written authorization for any other construction or activity within or affecting any other part of the Drain,, easement area, or the irrigation and drainage system of the District. 2. Permitted Construction and Uses Subordinate. The construction and uses permitted by this License Agreement are at all times subordinate and subservient to the District's rights and uses of the Drain and easement area. No provision of this Li cense Agreement shall be construed, implemented or enforced in a manner which impairs, limits or restricts the Di"strict"s access,, operations,, excavation, construction, maintenance, repair or other uses of any portion of the Dra0 in and easement area,, or which grants or creates any rights incompatible with the uses to which the Drain and easement area is devoted and dedicated. The District and the Licensee agree that all of the District's rights and discretion to access, operate,, construct,, maintain,repair, clean or otherwise use of any portion o f the Drain and easement area are reserved,, 3. Authorization From Servient Estate Owners Required. The Licensee recognizes and acknowledges that the license granted by this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create n ghts in the L icensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should the Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option LICENSE AGREEMENT - Page 2 of the District this License Agreement shall be of no force and effect. 4. C1aims of the Bureau of Reclamation. There presently exists a difference between the District and the United States of America, specifically the Bureau of Reclamation thereof, concerning ownership,, possession,, management and control of certain drains including Fivemile Drain. The District requires parties such as the Licensee hereto enter into a License Agreement where a party's activities affect one of the drains in question. The Licensee is advised b y the District to communicate with the Bureau of Reclamation before signing this License Agreement for information concerning the Bureau ofReclamati on t s position and tD learn of any requirements which may be imposed by the B11 ureau of Reclamation in connection with the Licensee's activity which is the subject of this License Agreement. Regardless of any requirements i mposed by the Bureau of Reclamation, the District requires that this License Agreement be signed before the Licensee takes any action contemplated b y thsiLiothervvisecense Agreement or , which affects the easement along Fivemile Drain. 5. Representations by the Licensee. The Licensee acknowledges that the covenants bY the Licensee in this License Agreement to indemnify, hold harmless and defend the District from claims constitute essential and material consideration for the granting of the license for the Fivemile DrainPathway. As part of the inducement for the District to enter into this License Agreement the Licensee represents and warrants unto the District that the Licensee has the authoritYitycapacand financial ability to indemnify, hold harmless and defend the District from all claims arising from the Licensee's operations or activities on or iinconnecton with the Fivemile Drain Pathway, or arising from the use of the Fivemile Drain Pathway by any member of the public or other third part y, and the Licensee expressly agrees o indemnifyhold harmless and defend the District from all such clauns,,t in addition to or redundant of the other indemnification, hold harmless and defense provisions of this License Agreement. The provisions of this section shall not apply to uses of the easement area by Is the District's employees, agents or contractors to access, operate,, maintain or repair the Drain for District purposes which do not arise from the Licensee's construction, maintenance, repair or cleaning of the Fivemile Draindq-,,.tb party hway, or from use of the Fivenule Drain Pathway by any member of the Puc or other third . 6. Construction, Use, Maintenance and Repair of the Fivemile Drain Pathway. Construction, use, maintenance and repair of the Fivemile Drain Pathway by the Licensee and members of the public Is be performed in accordance with the conditions listed below. "Facility" means any.... ect,, plant or thing of any nature installed in, on, under or across the Drain and easement area by the Licensee, and any activity which changes the physical condition or appearance of the Drain and easement area. a,. Construction of the Fivemile Drain Pathway shall be performed i*n accordance with the plans referenced in Exhibit B, attached hereto and by this reference made a part hereof. These plans have been delivered to the District's Water Superintendent, arei*n his possession in his offices, and are hereby incorporated by this reference. The Licensee shall not begin any excavation, construction, or other work until the District's engineerse reviewed and approved said plans. The LICENSE AGREEMENT -Page 3 Licensee agrees to make any reasonable changes which may be required by the District's engineers. Final approval of the plans shall not be unreasonably delayed or withheld. All construction shall be completed by , 200 1. Time is of the essence. b.The work performed and the materials used in the Licensee's construction of the pathway and aff fairc*lities shall at all times be subjecttomspe ction by the District and its engineers. The Licensee shall provide notice prior to and immediately after construction so that the District's engineers may inspect the construction. Final acceptance of such work and materials shall not be made until all such work and materials have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. IF c. The pathway and each facility shall be constructed, operated, maintained, repaired and cleaned at all times by the Licensee in a good, wo...kmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho and the with the conditions stated herein. The Licensee shall not permit litter, trash or other material to gather or be deposited on or along the pathway. de, All costs and expenses involved I*n the construction, operation, maintenance, repair and cleaning of the Fivermle Drain Pathway, landscaping, and related i mprovements or in the operations of the Licensee pursuant to this License Agreement, or in the public use authorized by this License Agreement., shall be paid by the Licensee and the District shall have no obligation or responsibility for payment of any such costs or expenses. The Licensee shall have no right, power or authority to grant,, allow or suffer any lien or any other charge or encumbrance of any kind against the District's right, title and interest in the Drain or the easement area. e. The Licensee may spread and level any spoil removed from the Drain and rQ� Placed on the easement area or, 14'n the alternative, may transport the spoil to a sanitary landfill or goo&/y,oc some other authorized place of disposal. The District shall have no obligation to spread,,,,, level,, or vow 1C . remove any spoil removed from the Drain and place on the easement area., f. The Licensee agrees to construct, operate, maintain and repair the pathway and each facility and conduct its activities within or affecting the Drain and easement area so as not to constitute or cause: a hazard to any person or property*, ani*nterrupti*on or interference with the flow of water in the Drain or the delivery or drainage of water by the District; an increase in seepage or any other increase in the loss of water from the ditch; the subsidence of soil within or adjacent to the easement*, and any other damage to the Drain and easement area,, ditches and i *gatl'on works. 9-P The Licensee agrees to indemnify, hold harmless, and defend the District from aH claims arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph or any other damage to the easement and irrigation works which may be eausedby the constructioll��i, installation, oneration, maintenance, repair, and any use or condition of any pathway or facility. LICENSE AGREEMENT -Pa e 4 h. The Licensee shall not excavate, place any structures, plant any trees, shrubs,, or landscaping,, or perform any other construction or activity within or affecting the Drain and easement area or any other District property, easement, ditch, or irrigation works except as authorized by this License Agreement without the prior written consent of the District. i. Upon request of the District, the Licensee shall investigate and perform reasonable and necessary modifications or repairs of any portion of the pathway and related facilities which does not comply with the terms of this License Agreement. The District shall �,nve reasonable Rk notice to the Licensee and shall allow the Licensee a reasonable period of time to perform such maintenance., repair, and other work. The District reserves the right to perform any and all work Which the Licensee fails or refuses to perform within a reasonable time after request, and/or to require the public use of the pathway be suspended until such work i*s completed,, In cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances and reserves the right to perform any work deemed necessary under the circumstances. The Licensee agrees to pay to the District,, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support an yclaim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph- The Licensee agrees that the District shall not be liable for any injury or damages which may occur to the Fiverm'ple Drain Pathway or any facHity" stalled by the Licensee in the reasonable exercise of the rights of the District i*n the course of the District's access,, use,, operation,, mai ntenance, repair and cleaning of its property, ditches and irrigation works. ke The Licensee agrees to suspend its use and public use of the Drain and '0 easement area after noti6 ce from the District that suspension of use i*s necessary for the District's protection,, maintenance,, repair or cleaning of the Drain or to perform, effectuate or enforce any provision of this License Agreement. 1. The Licensee shall comply fully with aH federal, state or other laws, rules, regulations, directives or other governmental requirements in any form as administered by appropriate authorities, regarding environmental matters,, and specifically those relating to pollution control and to materials and chemicals w1fich maybe inimical to human health or the environment,, which maybe applicable to its construction, installation, opeceationor maintenanof the Prathway and facilities pursuant to this License Agreement. M* The Licensee shall construct obstructions to unauthorized vehicles and equipment at the tenmmf each segment of the Fivenu0 le Drain Pathway. n. The hours of use for the Fivermle Drain Pathway shall be from 30 minutes before sunrise to 30 minutes after sunset, and it shall be closed to use during all other times. LICENSE AGREEMENT - Page 5 o. The Licensee shall do the following to ensure that the permitted public uses of the pathway do not interfere with the Drain and easement area or the District's access, operation, maintenance, cleaning and repair of the Drain and easement area: (1) The Licensee shall prepare and install readily visible signs at pathway entrances or other appropriate locations along the pathway advising the public: that the pathway is located within the Drain and easement area by the District's consent; that the primary use of the area do occupied by the pathway is for the District's access, use, operation,, maintenance,, repair and cleaning of the Drain and easement area; that users of the pathway must yield to District personnel engaged in District activities; that fishing, swimming, wading, boating and any other activity in District ditches or within District ditch banks is prohibited; that public use of motor vehicles or equipment on the pathway is prohibited*, that the pathway maybe closed from time to time upon request of the District; of the authorized hours of use of the pathway and any ordinances which apply to public use of the Pathway; of the permitted hours of use of the pathway; and that persistent violations of any of these rules may result in suspension of use of the pathway or cancellation of this License Agreement and permanent closure of the pathway. The size of the signs,, and the material painted, printed or otherwise displayed thereon, shall be as shown in Ezhibit.�', attached hereto and by this reference made a part hereof. I ) (2) The Licensee shall adopt such ordinances as it deems necessary to protect the safety of the members of the public who use the pathway, ensure that members of the public comply with the terms of this License Agreement, and prevent interference with the District's access,, use,, operation, maintenance, repair and cleaning of the Drain and easement area,, The Licensee shall take appropriate action to prevent members of the public using the pathway from fishing, swimming, wading, boating, or conducting any other activity within oaffecting the Fivenule Drain. The I icensee slall exercise best efforts to prevent members of the public who use the pathwaq��i from V10lating the terms of this License Agreement or any ordinance regarding activity on the pathway. This License Agreement shall not prevent the District from enforcing any prohibition against unauthorized use of the Drain and easement area,, 7. Possible Future Maintenance of the Drain by Licensee. It i*s expressly understood and agreed that this License Agreement does not modify or in any way affect the DDistrict'snght to fully maintain the Drain and the easement area, including removal of trees and bushes'and removal of spoil, and the Licensee agrees that it will not interfere with or attempt to prevent any such maintenance work by the District. The Licensee may submit comments to the District concerning any such maintenance work, but the District sha11 not be bound to any extent by those comments and shall not be required to take any specific action to consider those comments. The Licensee is authorized at any time during the existence of this License Agreement to tim vegetation that the water superintendent of the District and the city engineer of the Licensee mutually agree is obstructing the use,, enjoyment or safety of the Fie'vermle Drain Pathway. LICENSE AGREEMENT -Page 6 8. Removal of Hazards or Impediments by District. The District reserves the right, at its option,, to remove at any time any impediment to drainage of water into, or the flow of water through, the Drain, including any facilities constructed or installed on the easement area by the Licensee, and to remove at any time any hazards to persons or property which may arise by reason of any construction or installation by the Licensee or the recreational activity by the public - i 9. Attorneys Fees for Enforcement. Should either party ncur costs or attorney fees in connection with efforts to enforce the obligations of the other party under the provisions of this License Agreement, whether by institution of suit or not,, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted,, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 10. No Impairment of District's Rights. The parties hereto understand and agree that the District has no right to in any respect impair the uses and purposes of the irrigation and drainage works and system of the District, by this contract, nor to grant any rights in its irrigation aand drainage works and system incompatible with the uses to wlich such irrigation and drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 11's Water Rights; Termination. Nothing in this License Agreement shall create or support any y claim to a water right in Licensee or another party or the general public for use of the waters of the Drain for any purpose. The filing of an application for a permit to appropriate the waters of the Drain or any tributary therpeof, whether surface water or ground water, or the filing of a request for the Idaho Water Resource Board to consider the appropriation of a minimum stream flow under § 42-1504, Idaho Code, for the portion of the Drain covered by this License Agreement, shall const46 itute absolute and unconditional grounds for immediate, unilateral, and complete termination of this License Agreement by the District, without prior notice to the Licensee. Licensee acknowledges that the District does not regard the Drain or any portion thereof as a natural stream whose waters are subject to appropriation and Licensee acknowledges and agrees that all sources of the waters flowing in the Drain are fully appropriated. The Licensee recognizes the right of the District to reclaim any surface waters or ground waters within the boundaries of the District for use or reuse within the irrigation system of the District, and acknowledges that the flow of water in the Drain maybe diminished as a result of any such reclamation by the District. The Licensee shall not in any manner attempt to require the District to maintain any flow of water in the Drain. It shaH be the responsibility of any adjacent or underlying landowner, of which the Licensee is one,, who claims a stock water right to establish his, her or its own water nght, and the approval by the Distridb ct of the installation of stock watering facilities shall not be construed as obligating the Distri6 ct to make water available from or in the Drain for livestock. LICENSE AGREEMENT - Page 7 12. Default; Notice; Termination.. In the event of the failure, refusal or neglect of the Licensee to cure any default in compliance with any term or con dition of this License Agreement, within 3 0 days after service of written notice from the District stating the particular default or breach, then the license of the Licensee under the terms of this License Agreement may be terminated by the District, and all facilities or improvements on the easement area shall be removed promptly by the Licensee following such termination, and if not so removed by the Licensee within 30 days after ternnnumnahor, the District may remove those facilities or improvements and shall be entitled to reimbursement from the Licensee for the reasonable cost of such removal,, to be paid within 30 days after written notice of the amount of such costs. 13. No Assignment;Sub-License. The Licensee shall have no right, power or authority to assign this License Agreement or any privileges hereunder to any person or entity. The Licensee shall have no right, power or authority to issue a sub -license to any person or entity without the prior written approval of the District, which approval shall be entirely and unconditionally optional with the District. 14. Applicable Law and Jurisdiction Unaffected By License. Execution of this License Agreement does not extend the application of any statute, rule, regulation,, directive or other requirement (collectively regulation "), or the jurisdiction of any Federal,, State,, or other agency or official (collectively "agency") to the District's ownership, operation, and maintenance of its ditches, canals'. drains,, irrigation works and facilities. In the event the District is required to comply with any regulation or is subject to the jurisdiction of any agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, the Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the anplication of such regulation or the assertion of such jurisdiction. The District shalgive the Licensee notice prior to invoking the provisions of this section, Is whether the regulation and/or jurisdiction should be challenged. The Licensee shall give written notice to the District within 21 days thereafter of its intent to challenge,. If the Licensee elects to challenge,then the Licensee shall be allowed to assert all legal rights of the District and/or 0 the Licensee to challenge subject to the Licensee's duty herein to defend and hold the District harmless. The parties agree that, i*n the event the Licensee does not elect to challenge, each shall then have the opt -ion to elect to terminate this License Agreement. If this termination option is exercised, the party seeking to termmate this License Agreement shall give the other party 30 days written d' notice of intention to teni ate. During the 30 day period, the parties shall discuss their positions on the matter. This Licensee shall then be terminated at the end of the 30 day period unless the party exercising the option provides a written notice of retraction of the notice to terminate within the 30 day period. LICENSE AGREEMENT - Page 8 15. Waiver; Catchlines; Construction; Binding Effect The Licensee expressly waives and disclaims any right to assert estoppel or waiver against the District with respect t any act, course of conduct or omission by the District concerning the Drain, the easement area, or the activities of the Licensee or the general public pursuant to this License Agreement. Nothing in this License Agreement shaff create or support a claim of estoppel,, waiver, prescription or adverse possession by the Licensee or any third party against District. The catchlines or section headings herein set forth are provided only for the convenience of the parties in- locating various provisions of this License Agreement,, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of this License Agreement. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. None of the provisions of this License Agreem-- ent create any nghts of obligations which affect the provi"si"ons of Idaho Code Section 3 6- 1604, which are incorporated herein by this reference. If any Provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License Agreement shall remain in full force and effect. The covenants,, conditions and agreements herein contained shall constitute covenants to run with, and running with,, all the lands,, easements, interests and authonzations of the Licensee in the lands where the Five ile Drain Pathway will be constructed described herein,, and shall be binding on each of the parties hereto and on all parties and all persons claiming under the or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns,, This License Agreement does not create or confer any rights for any individual member of the general public or any group within the general public. fN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee h..IN hereunto caused its municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its City Council, all as of the day and year herein first above written. LICENSE AGREEMENT - Page 9 NAAVA & MERIDIAN IRRIGATION DISTRICT Lom ATTEST: Its Secretary Its President THE CITY OF MERIDIAN By Robert D. ATTEST: William G. Berg., Jr. - Clerk LICENSE AGREEMENT - Page 10 Corrie -Mayor C►'��My�� It :. t7 County of Canyon On this for said day of , 2000,, before e,, the undersigned, a Notary Public in and State, personally appeared and known to me to be the President and Secretary,, respectively,, of NAAIPA & MERIDIAN HUUGATION DISTRICT, theimgation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. fN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Nampa, Idaho My Commission Expires:_ STATE OF IDAHO ) ss: County of Ada ) On this day of , 2000, before me,, the undersigned, a Notary Public i*n and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively,, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and acknowledged to me that such entity executed the same. E'k*l WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day 0 and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires.. LICENSE AGREEMENT - Page I I EXHIBIT A [AERIAL PHOTO &DIAGRAM SHOWING LOCATION] LICENSE AGREEMENT - Page 12 EXHIBIT B [Description of City of Meridian ' s propeny) LICENSE AGREEMENT - Page 13 k CONSTRUCTION PLANS Portions of the following plans ineorrectly describe the Fivermle Drain as the Fi"vermle "Creek" and incorrectly identify other District drains and laterals as "Creeks." Through execution of this License Agreement, the parties acknowledge and correct such errors to replace all references to "Fivemile Creek" with "Fivemile Drain,," and to conform all other descriptions and identifications of District drains and laterals to those contained in the District's map entitled "Nampa & Meridian Irrigation District, Ada and Canyon Counties,, Idaho, Drawing No. 2," last revised July,, 1999. Each of the following sheets bears the general title "Fivemile Creek Pathway, Meridian, Idahoand bears an engineers stamp dated July 13, 2000, and is further titled and described as follows: Sheet 1 of 19, "Title Sheet."" Sheet 2 of 19,, Standard Drawi " ng Index. " Sheet 3 of 19, "Standard Drawing Index." Sheet 4 of 19, "Vicinity/Total Ownership Map. " Sheet 5 of 19, "Project Clearance Summary." Sheet 6 of 19,, "Typical Sections."' Sheet 7 of 191, "Roadway Summary. " Sheet 8 of 19,, "Pipe Culvert Summary."" Sheet 9 of 191, "Park Sta. 10+00 to 14+00. " Sheet 10 of 19,,,, " Park Sta,, 14+00 to 23+00." Sheet I I of 19, cc Park Sta. 23+00 to 27+32.)5 Sheet 12 of 19, "Path Sta,, 0+00 to 10+00." Sheet 13 of 191, "Path Sta,, 10+00 to 20+00." Sheet 14 of 19, "Path Sta. 20+00 to 3 1 +00. " Sheet 15 of 191., "Path Sta. 3 1 +00 to 41+72. 43." LICENSE AGREEMENT - Page 14 Sheet 16 of 19,, "Fieldcrest Access."" Sheet 17 of 19, "Signing Erection Specifications." Sheet 18 of 19, "Water Pollution & Erosion Control Plan." Sheet 19 of 19,, "Miscellaneous Details." Sheet 1 of 2,, "61 ' Timber Bridge, Situation and Layout." Sheet 2 of 2,, "6 1' Timber Bridge, Foundation Investigation." LICENSE AGREEMENT - Page 15 EXHCRIT b FIVEM E IDRAT-N PATHWAY ]PUBLIC ACCESS PERMITTED FIROM 500 00AaMo TO 10POOPeMe; NO UNAVTHOR JEJD MOTORJZED VEHICLES Na Ll ERJNG X10 FISHING, S'WI'IrIMrNG, BOATING, OR WADING NO ORSES THE IF1VEMILE DRAIN PAT WAY IS LOCATED ON NAMPA & MERIDIAN IRRIGATION DISTRICT PROPERTY USE OF THE PATHWAY IS BY CONSENT OF THE NAMPA & MERIDIAN IRRIGA ON DISTRICT PAT11WAY USERS MUST YIELD TO [RRiGATION DI5'r'RICT PERSONNEL ENGAGED IN DISTR.JCT ACTMTIES Thep rimary PurposeOf This Ares is For the Irrigation District's Ute The Pathway may be Closed From Time to Time 1:pon Request of the District D'ERSISTENT VIOLATIONS OF ANY RULES MAY RESULT IAV SUSPENSION OF USE OF THE FIVEM E DRAIN PATHWAY TO PUBLIC USE LICENSC, AGREE-:4NTENT -Page 16 N L iL.r�or�ndum To Mayor Corrie and"it) From: TOMKuntz r-4 K Date,, 0&15-0040 Re:0 Generations Plaza. Phase II F AUGE VE -D CFwJ � 5 2000 OF:" EK --M- -N Attached are Generations Plaza Phase II filial design plans for your approval and a construction schedule. We plan to phase the construction process, which will allow us to start building prior to the adjacent buildings being completed. The phasing isden oted on the plans as area 1 and area 2. The Parks and Recreation Commssion will be reviewing the fnal plans on August 21 and would greatly appreciate the Councils comments,my August 22. Thank you for your attention to this matter. C.C. 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AY *1� i40M W i` i ii• �A• � ; i r�r r� MEP /fir w 416 4kM i+ #F4 - f i4Y 40� i i d 90q # � � Ewd f qpMF it fM ti i i 410d� 40 ■ ■.� i •77 �i i 1 . ..w,t f ■ • i ' ii y.■k . • i r.0 � , Pri 4p�qM i � WF+ # iAF i b GIY► _ y i MW L •1. * �� i ,r• �J 41tIRS #F i k Mkok. . �� { _ 41L Ch q@ 'i.`} 4AM1h 40 4dM Amp . nt 4w ..r i4 + ;d -P*. $ mowIPM d M . • ;dpp1p9wy ,Fr O0 . •ID 4� R'Re r- • imm LLI LLI C/)Z Z Z (AD Z Q W Z U J co a. LU F - Q D V L U_ uj 2 I'N ;Z' I '� (Z) CL LL o � �-d16 dL f Imm LLI ULI 7cr � aZ oZ ULI cn LLz o� a uj s U V_ m q) if. \46L 61LI c3' Jr c' e 0 :1 �I�wp- It r t! .1 Z c� LQ�`� R .1 Qu E -- Q D - \�,hL LQ C) CL 6d CL ship W 7 W u Lj � pg„CAW `I `r� v v \ ar 1ji, L -k do Cal %L maws. `. 111101111111111111� t, l i ca.1 jr Ar edit i ca.1 jr Ar edit ME LU umi Z co z oZ LLI C/) �z a w z U V_ m Iuj z 0 CL LU Q Z Za E' CL W c, W 14qz CL OL Meridian City Council Agenda August 15, 2000 at 7:30 P.M. City Council Chambers Roll -Call: Tammy deWeerd Cherie McCandless 0 Ron An erson Keith Bird Robert Corrie Consent Agenda A. Approve mIt inutes of July18, 2000, City Pre -Council Meeting: B. Approve minutes of July 18, 2000, City Council Meeting: -r. C. Approve minutes of August 1, 2000, City Pre -Council Meeting: D. Findings of Facts and Conclusions of Law: AZ 00a,012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home - northwest corner of East Pine Avenue and Adkins Way% djoAfeezz: 4WAM E. Findings of Facts and Conclusions of Laws. AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC - north of Victory Road and east of Meridian Road: 4% d am_-n�Ve., w:�� '� C,-7x.-�ir� Ch;�,r F. G. Findings of Facts and Conclusions of Law: PP 00-010 Pre1*minary Plat approval of 91 building lots and acres for proposed Timber View Subdivision currently ion an RT zone and proposed R-4 zone do Request for 10 other lots on 40-.33 by Victory 41, LLC, • north of Victory Road and east of Meridian Road: Findings of Facts and Conclusions of Law: VAR 00-006 Request for variance of the 1,000 -foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R- 4zone -north of Victory Road and east of Meridian Road: Findings of Facts d Conclusions of Law,., VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domest'i'c water for landscaping for Olson � Bush Subdivision No. 2 by R2 Development -north of Franklin Road and west of Eagle Road: August I t 2000 Meridian City Council Agenda Page 1 1. Findings of Facts and Conclusions of Law: VAR 00-014 Request for a variance of the 30 -foot front yard setback required in the L -O zone, proposing a 20 -foot front yard setback by the City of Meridian — West side of Ten Mile Road appro)a"mately'/ mile north of Cherry Lane: 06 J Findings of Facts and Conclusions of Law*. CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a CmG zone -southeast comer of I-84 and Eagle Road: K. Findings of Facts and Conclusions of Law: CUP 00-036 Request for Conditional Use Permit to construct a tn-plex apartment complex by Merlyn and Brandon Sch eckpeper currently in an OT zone at 210/214 King Street —east of First Street and south of the railroad tracks: L. Findings of Facts and Conclusions of Law: CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2 ,574 s,.f,. to the existing 4, 715 s.f. telephone equipment building by US West Communications currently in an OT zone — NE corner of Meridian Road and Idaho Street: M. Findings of Facts and Conclusions of Law: CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I -L zone — 1530 E. Commercial Avenue in the Railside Business Park: N. Beer and Liquor Renewal by Mohammad Alidjani for the 19'' Hole dba 127 Club at 127 E. Idaho: U�o,�e� Regular Agenda 1. (items moved from Consent Agenda) 21s Public Hearing: AZ 00-006 Request for annexation and zoning of 12.73 acres from RlwT to L -O and R-1 5 zones by Vicki Welker /Gold River Companies, Inc., for proposed Valer' Heights Subdivision —northeast corner of Pine Avenue and Ten Molle Road: 3. Public Hearing: PP 00-005 Request for Preliminary Plat approval for proposed Valer'i Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed Lm=O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: v August 1, 2000 Meridian City Council Agenda Page 2 4. Public Hearing: CUP 00-014 Request for Conditional Use Permit for proposed Valer'i Heights Subdivision fora 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker /Gold River Companies, Inc. —northeast corner of Pine Avenue and Ten Mile Road: 76 5. Public Hearing: AZ 00-00 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: 6. 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: 7. Public Hearing. VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Streets on the east side currently in an OT zone by Gary Benoit — East 1St and East Pine Avenue: 'Z-.7 -,elk el' -40& 8. Public Hearing: AZ 00-014 Request for annexation and zoning of 2.,297 acres from R1 to R-4 for Randy Ware,— Franklin and Linder: 9. Public HearingPP OOmO13 Request for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone by Bond and Shelli Campbell for proposed The Hollows —north of Ustick Road '/ mile east of Meridian Road: 10. Public Hearing: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision 1)'y John and Sandra Goade —Waltman Lane and SW Stn Street: C�.�,�/Y�v� 2 �' �_ � � h-- 11. Public Hearing: VAR 00-015 Request for a variance allowing applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod or Sheri E'I'sile /Eagle Concrete Pumping in an 1-L zone -Baltic Place in the Meridian Business Parks., YZ 12. Public Hearing:Oe 6 AZ 00-015 Request for annexaon and zoning of 7 (+/-) acres for proposed LDS Church by Quadrant Consulting, Inc., -south of Overland Road, east of Locust Grove Road on aro ais Drive: k. August 1, 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shalt become property of the Meridian City Council. 13. Public Hearing: AZ 00-016 Request for annexation and zoning of 10.19 IS acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road:pie! , 14. Public Hearing: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road: (; 9- A 4 41, r. III 15. Public Hearing: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned -unit development consisting of 48 singleqwfamily lots ranging from 5,252 safm to 9,525 S.f.., in a proposed R- 8 zone by Steiner Development —south of Ustick Road and east of Black Cat Road: 16. Public Hearing: VAR 00-016 Request for variance to decrease the number of 3 -inch Caliper trees due to the unplantable area (irrigation and sewer easements) by Bob L. Albrecht and Wayne E. McDonald —East 5th and King Street: YC IIII 1:1111111111 /-I 41,� de 11 :11,111111, ""rue 17. Public Hearing: YAZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I -L zone by Chuck Elliot, The Elliot Group —south of Fairview Avenue and east of Locust Grove Road on Wilson Lane,. S --j2- 189 Public Hearing: PP 00-015 Request for Preliminary Plat approval of two 11 IN building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an ImL zone by Chuck Elliot, The Elliot Group —south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: COkI�►/�. ��z �f, r 19. CUP 00=033190 Request for Conditional Use Permit to construct office and sop for proposed Elliot Industrial Park Subdivision in han Is"L zone by Chuck Elliot, The Elliot Group —south of Fairview Avenue and east of Locust Grove Road on Wilson Lane.. -a fug v�...�, � �,n �40 Win' %.-1III �`"' 20. CUP 00-039 Request for Conditional Use Permit for construction of an Arby's Restaurant with a drivemobthru on property in an ImL zone by The Bailey Company & TFCM Associates, Ltd. —Pad P-2 within Meridian Crossroads Shopping Center, southeast comer of Eagle Road and Fairview Avenue: August 1, 2000 Meridian City Council Agenda Page 4 21 it FP 00-014 Request for Final Plat approval of 8 building lots and 1 other lot on 6.68 acres for Carol Professional Center (Stokesberry Subdivision) by J-UmmB Engineers —Eagle Road between Fairyiew and Ustick: �r� V�ecwo� 22. FP 00-015 Request for final plat approval of 3 building lots on 20.78 acres 11 for proposed Zaldien Zarua Subdivision by Frank and Connie Stauts — east of 4280 South Eagle Road: 23. Time Extension: Request for a oneawyear time extension for Tremont Place Subdivision Nos. 1 and 2 —Broadway and 8'h Street (951 West Pine Avenue): 24. Water, Sewer and Trash Delinquencies: A)rvww.,.., 25. Department Reports: A. City Treasurer — Janice Smith: � � 00 1. Treasurer's Report: B. City Engineer — Gary Smith: Im Western Electronics Site — Waterline Easements. wrp�R--- C. Fire Department — Sam McEvoy,., 1. Muscular Dystrophy —Fill -the -Boot: D. Parks and Recreation Department — Tom Kuntz: 1. Generations Plaza II: a��r,vvc. August 1, 2000 Meridian City Council Agenda Page 5 Meridian City Council Agenda August 15, 2000 at 7:30 P.M. City Council Chambers Roll -Call: Tammy d eWe e rd Cherie McCandless Ron Anderson Keith Bird IIIII.Mayor Robert Corrie Consent Agenda A. Approve minutes of July 18, 2000, City Pre -Council Meeting: �J�prn�.., B. Approve minutes of July 18, 2000, City Council Meeting: 4prbvt C. Approve minutes of August 1, 2000, City Pre -Council Meeting: rCDv� D. Findings of Facts and Conclusions of Law: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home -northwest corner of East Pine Avenue and Adkins Way: ApP��e, tbt'}{� cbrrechms �rrn-� Size E{- E. Findings of Facts and Conclusions of Laws, AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for prDpia,ESed off Timber View Subdivision by Victory 41, LLC -north of Victo Road and east of Meridian Road: AppyoVt Wbf-k Cbrr-ec-h6n fyiiw� F Findings of Facts and Conclusions of Law: PP 00-010 Request for Prelimi0 nary Plat approval of 91 building lots and 10 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposedl R-4 zone - north of Victory Road and east of Meridian Road: �r�w, G. Findings of Facts and Conclusions of Law: VAR 00-006 Request for variance of the 1,000 -foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently'i'n an RT zone and proposed RIIIIIIIIIIIIIIIIIII 4 zone - north of Victory Road and east of Meridian Road: iltrr-rov-f" H. Findings of Facts and Conclusions of Law: VAR 00-01 1 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson Bush Subdivision No. 2 by R2 Development -north of Franklin Road and west of Eagle Road: Nfy-ovt.... August 1, 2000 Meridian City Council Agenda Page I Materials presented at public meetsngs shalt became property of the Meridian City Counci l. I. Findings of Facts and Conclusions of Law: VAR 00-014 Request for a variance of the 30 -foot front yard setback required in the L O zone, proposing a 20 -foot front yard setback by the City of Meridian — West side of Ten Mile Road approximately '/2 mile north of Cherry Lane: tvPVCVC J Findings of Facts and Conclusions of Law: CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C -G zone - southeast corner of I-84 and Eagle Road: Afpee-OVf,,. K. Findings of Facts and Conclusions of Law: CUP 00-036 Request for Conditional Use Permit to construct a troip-splex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 11 King Street — east of First Street and south of the railroad tracks: jAqjnv't L. Findings of Facts and Conclusions of Laws. CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s,.f. to the existing 4,715 s.f. telephone equipment building by US West Communications currently in an OT zone — NE corner of Meridian Road and Idaho Street: N�PY�rove., M. Findings of Facts and Conclusions of Law: CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently i*n an I -L zone — 1530 E. Commercial Avenue in the Railside Business Park: ApprDv-e, N. Beer and Liquor Renewal by Mohammad Alidjani for the 1 9t" Hole dba 127 Club at 127 E. Idaho: rovT.,, Regular Agenda I U ("Items moved from Consent Agenda) 2. Public Hearing: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L -O and R4-15 zones by Vicki Welker /Gold River Companies, Inc., for proposed Valeri Heights Subdivision —northeast corner of Pine Avenue and Ten Mile Road: Atlnu.� � t �-. -i-� �j u.5 � 2� 200 0 3. Public Hearing: PP 00-005 Request for Preliminary Plat approval for proposed Valer4i Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L --O and R-1 5 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: av�I-Iylut. p(�- -� �k-u� 45 Z, August 1, 2000 Meridian City Council Agenda Page 2 Materials presented at public meetings shalt become property of the Meridian City Council. 4. Public Hearings, CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision fora 128 -unit apartment complex, town houses and office on 12.73 acres in proposed L4 --O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: 'dYthr,ut P� (�- -�rj ,q-�q u.5t 5. 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 ofCBlak Cat and Ustick Ro ads: Rftyfl ei� f � f �Ye'J �%f,{'� �r G l_- �Y Gt� D U A.Q, 6. 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: I F, e &I't, 7. Public Hearing: VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Streets on the east side currently in an OT zone by Gary Benoit — East 1St and East Pine Avenue: "Yre v� -i-r J!' y-e,Faru. F-O�F L GL �V �j�� &L 8. PPublic4Hearing: AZ 00-01Request for annexation and zoning of 2.297 acres from R1 to R-4 for Randy Ware — Franklin and Linder: -P I-q4o [)ALL tIG Ate.- fW 64 11111111 11.11,/V 9. Public Hearing:P 00-013 equest for Preliminary Plat approval of 12 lots on 5.60 acres in an R-3 zone blv Bond and Shelli Campbell for proposed The Hollows —north of Ustick Road '/2 mile east of Meridian Road: �(iYl,�h►�-fie p( N- Z.,00c) 10. Public Hearing: PP 00-014 Request for Prel'i'minary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by �ra John and Sandra Goade —ltman Lane and SW Stn Street: D nuLc 11. Public Hearing: VAR 00-015 Request for a variance allowing applicant to lower the finish floor elevation below the Flood Plain because of the size of the site by Rod or Sheri Eisl*le /Eagle Concrete Pumping in an I -L zoneBaltic_ Place in the Meridian Business Park: 0t 12. Public Hearing: AZ 00-015 Request for annexation and zoning of 7 acres for proposed LDS Church by Quadrant Consulting, Inc., -south of Overland Road, east of Locust Grove Road on Charolais Drive: wee, August 1, 2000 Meridian City Council Agenda Page 3 Materials presented at public meetings shall become property 0f the Meridian City Counci l. 13. Public Hearing: AZ 00-01 6 Request for annexation and zoning of 10. 19 acres from RT to R-8 forropposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC —south of Ustick Road and east of Black Cat Road: Pq 14. Public Hearing: PP00M016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned -unit development by Steiner Development,' LLC —south of Ustick Road and east of Black Cat Road: 5, 2660 15. PublicHeari'ng: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned -unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f., in a proposed R- 8 zone by Steiner Development —south of Ustick Road and east of Black Cat Road: CilY�t�ttitQ, �1-} 16. Public Hearing: VAR 00-016 Request for variance to decrease the number of 3 -inch Caliper trees due to the unplantable area (irrigation and sewer easements) by Bob L. Albrecht and Wayne E. McDonald —East 5th and King Street: rl H I-\- �-�-- f-0 P-LLPaA,,L FF 17. Public Hearing: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I-wL zone by Chuck Elliot, The Elliot Group —south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: P14 -fD r" 18. Public Hearing: PP 00-015 Request for Preliminary Plat approval of two building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an 1--L zone by Chuck Elliot, The Elliot Group —south of Fairview Ave ue and east of Locust Grove Road on Wilson Lane: C�p14 19aMUP 00033: Request for Conditional Use Permit to construct office and shop for proposed Ell"lotS ria ark Subdivision in an I -L zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: r L) 20. CUP 00-039 Request for Conditional Use Permit for construction of an Arby's Restaurant with a drive-thru on property in an I -L zone by The Bailey Company & TFCM Associates, Ltd. — Pad P-.2 within Meridian Crossroads Shopping Center, southeast corner of Eagle Road and Fairview Avenue: August 1 , 20D0 Meridian City Council Agenda Page 4 Materials presented at public meetings shall become property of the Meridian City Counci l. r -- r r 21. FP 00-014 Request for Final Plat lot on 6.68 acres for Carol IN Subdivision) by J -U -B Engineers Ustick: iqT� approval of 8 building lots and 1 other Professional Center (Stokesberry — Eagle Road between Fairview and 22-a FP 00-015 Request for final plat approval of 3 building lots on 20.78 acres for proposed Zaldien Zarua Subdivision by Frank and Connie Stauts — east of 4280 South Eagle Road: f-c''-ctr..IIIC 23. Time Extension: Request for a one-year time extenisill,n f,Dr Tremont Place Subdivision Nos. 1 and 2 —Broadway and 8th Street (951 West Pine Avenue): 24. Water, Sewer and Trash Delinquencies: 25. Department Reports: A. City Treasurer — Janice Smith: 1. Treasurer's Report: B. City Engineer —Gary Smith: 1. Western Electronics Site —Waterline Easement: / ppe 0 v� C. Fire Department —Sam McEvoy: 1. Muscular Dystrophy —Fill -the -Boot: ec.I� D. Parks and Recreation Department —Tom Kuntz: 1. Generations Plaza II: U f, M t August 1, 2000 Meridian City Council Agenda Page 5 Materials presented at public meetings shall become property of the Meridian City Counci�. interoffice MEMORANDUM To0 : William G. Berg, Jr., C' Clerk From: Wm. F. Nichols Subject: TREMONT PLACE SUBDIVISION NOS 1 AND 2 Date: August 23, 2000 Will: REC IVE13 AUG 214 2000 CITY OF M...ERIDLAN Please find enclosed the original of the ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL DEVELOPMENT PLAN, in the above matter., This ORDERi'bs pursuant to the timely request of the Applicant and pursuant to the City Council's action at its August 15, 2000 meeting. Therefore, please present this ORDER to Mayor Corrie to obtain his signature. Please forward copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise,. msgjZ:lWorklMlMeridian 15360M\TremontPlace P1at&Rez\TimeExtens1*onC1k.1tr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR FINAL PLAT PLAT FOR REMON PLACE SUBDIVISION NOS. 1 AND 2 LOCATED AT BROADWAY AND sTH STREET (951 WEST PINE ST.) MERIDIAN, IDAHO BY'. MICHAEL S. HORMAN / LUNA VISTA, INC. APPLICANT C/C 08/15/00 CASE NO. TIME EXTENSION ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL DEVELOPMENT PLAN This matter coming on regularly before the City Council on the 15' day of August, 2000, upon the Applicant's time application for a one (1) year extension within which to submit the Final Development Plan as provided in § 12-3-6 B, and good cause appearing: 1% IT IS I IERI I D THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time from the date of this Order within which to submit the Final Development Plan for the above entitled subdivision application. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION -PAGE 1 OF 2 FOR FILING THE FINAL DEVELOPMENT PLAN FOR TREMONT PLACE SUBDIVISION NOS 1 AND 2 2000. By action of the City Council at its regular meeting on the 15 `x' day of August, DATED this day of � df , 2000. MAYOR ROBERT D. CORRIE Copy served upon Applicant, Planning and Zoning Department, Public Works Department and City Attorney,. +Y A 0 . Of CITY CLERI<.. -+ Msg/Z: WorkVvWerid1*an 15360NI\TremontPlace PIA imel�x OneYr ORD�� A - r MW VFW } ORDER GRANTING A ONE (1) YEAR TIME EXTENSION -PAGE 20F 2 FOR FILING THE FINAL DEVELOPMENT PLAN FOR REMON PLACE SUBDIVISION NOS 1 AND 2 } BEFORE THE MERIDIAN CITY COUNCIL C/C 08/15/00 IN THE MATTER OF THE ) CASE NO. TIME EXTENSION APPLICATION FOR FINAL PLAT ) PLAT FOR TREMONT PLACE ) ORDER GRANTING A ONE (1) SUBDIVISION NOS. 1 AND 2 ) YEAR TIME EXTENSION FOR LOCATED AT BROADWAY AND ) FILING THE FINAL 8� STREET (951 WEST PINE ST.)) DEVELOPMENT PLAN MERIDIAN, IDAHO ) BY,: MICHAEL S. HORMAN / ) LUNA VISTA, INC. ) APPLICANT ) -P This matter coming on regularly before the City Council on the 15th day of August, 2000, upon the Applicant's time application for a one (1) year extension within which to submit the Final Development Plan as provided in § 12-m3-6 B, and good cause appearing: IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time i16 1* s e,until September 21, 2001 , within whch to submit the Final Development Plan for the above entitled subdivision application. ORDER GRANTING A ONE (1) YE.A_R TIME EXTENSION -PAGE 10F 2 FOR FILING THE FINAL DEVELOPMENT PLAN FOR MO NT PLACE SUBDIVISION NOS 1 AND 2 2000. By action of the City Council atl'*ts regular meeting on the 15t`' day of August, DATED this day of � -r� , 2000. t. YOR ROBERT D. COME Copy served upon Applicant, Planning and Zoning Department, Public Works Department and City Attorney. Dated: ��l �`�090 CITY CLERIC msg/Z:1Wark1MlMer1*dian 15360M\TremontPlace P1at&Rez\TimeExtension0neYr. ORD ORDER GRANTING A ONE (1) YEAR TIME EXTENSION - PAGE 20F 2 FOR FILING THE FINAL DEVELOPMENT PLAN FOR TREMONT PLACE SUBDIVISION NOS 1 AND 2