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GE I - -- - - - -- -- --- -- -- -- --I -- ! PREPARED BY ~~~ ~ [)1$J~ # WfI1!' c::: /J hi - --- --- - ~ ---- ~- ---- - - - -- c2 3d--(z uJ. '-1 --- _u& Pf\CE Meridian City Council Meeting August22,2000 Page 32 talk about one more thing, Mr. Pearson brought up a point of the Planning & _. Zoning said they could only make their decision on the specific standards that are allowed. The biggest fears are they would base a project on what people feel. That is the only way we can make sure everything is fair for everybody. Bird: The height of that building seems to be a problem. What kind of height are we going to have on these townhouses? Bailey: On the apartments, the building height is approximately 34 feet. Corrie: Any other questions? Do you want you are planning on the office retail space? Bailey: I don't think we have any specific tenants planned for that space. Corrie: Any other questions? Council, you've heard the testimony for both for and against. Is there any questions or discussion? I will entertain a motion to close the public hearing. McCandless: So moved. Bird: Second. Corrie: Motion been made and seconded. Discussion? Bird: Motion to close all three? Corrie: Yes. Any other discussion? Hearing none., all those in favor of the motion to close all three public hearings, say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Motion has been accepted and the public hearing is closed. Discussion of Council. Bird: Before I make a motion, I feel for the people that live around there, but I happen to be on the Council when their developments came through. This is an ongoing thing. I believe the developer has tried to make this acceptable to everyone around. I believe she went the extra mile and I certainly appreciate that. With that, I will make a motion that we approve the request for annexation and zoning of 12.73 acres from RT to LO and R-15 zones for Vickie WelkerJ Gold River Companies, Inc. for proposed Valeri Heights Subdivision at the northeast corner of Pine Avenue and north Ten Mile Road with the recommendations of staff and testimony, findings of fact and conclusions of law and decision of order. deWeerd: Second. Meridian City Council Meeting August 22, 2000 Page 33 Corrie: Motion has been made and seconded. We are now open for discussion. McCandless: I listened very closely to the testimony on both sides tonight. My biggest concern has not been solved, that is the two lane roads. Regardless of traffic lights, turn lanes, those two lane roads out there just can't take this kind of traffic. Ten Mile already has a lot of traffic on it and it's not going to lessen it at all. There is no guarantee when Ten Mile road will be widened. I can't see putting a project this size when your roads just can't handle it~ deWeerd: I have seen that with ACHD, development comes first and then the roads~ We have seen some action on Overland since we did approve Resolution Park, that there is talk to move up the improvement of that land. A lot of it is being paid for with impact fees. Our community gets new roads when we have the impact fees to pay for it. . *** End of Side 4 *** deWeerd: - I guess I would have a question of Council. Since this was denied, the only Findings was information that I have is the denial. I donJt have any of the conditions that were recommended by P & Z for annexation, a CUPJ or anything else. So I donJt know how we can even approve that without the Recommendations in front of us to know what they say or to even assure that these new conditions that have been brought up since our last Findings can be included in them. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council, I have my file, and I believe those things are in here, and youJre welcome to go through them. I can tell you that if this motion is approved 1 can tell you what IJII do. What IJII do is go back to the Recommendations that came from the Planning and Zoning Commission and incorporate those into the Findings, and I. would believe that the motion carries with it the requirement to add the additional conditions which the developer stated they would do with regard to this project. Those would be in there~ Yau know that our practice has been to try to get these proposed Findings out to you hopefully by the Thursday before the meeting at which theyJre on the agenda so that you have an opportunity to review them. Then you'd take issue with them or add to those proposed Findings~ It's not a done deal until those Findings are adopted. If you want to handle a different procedure with this one, if this motion is approved, I'll make it all fit~ In other words, if you want to have proposed Findings instead of having them on the Consent Agenda and have them on the regular agenda and go down through them item by item if you wish. Any way you want to do it. Meridian City Council' Meeting August 22, 2000 Page 34 deWeerd: And the annexation and zoning, is there a Development Agreement-. required? Nichols: Councilwoman deWeerd, Mayor, members of the Council, typically we do Development Agreements on every annexation and zoning. The only one we haven't done it on recently, I think, was the Randy Ware development where it was already zoned such and it was such a small parcel and already had the water and sewer to it. Corrie: Any other discussion? I believe I heard a call for the question; is that correct? Bird: Yes, sir. Would you like to give your (inaudible)? Go ahead. Corrie: I can give you my opinion for what it's worth. I think the development has come a long way from what it was presented to us in the first place. I see a few problems inside. I also agree with Cherie McCandless that we are going to have some very difficult problems with traffic. ACHD is always, seems like, they are always behind, and the taking of the testimony of one of the engineers here, I would like to have him go on the ACHD Board. It might help a little bit. I think we're going to have some problems with traffic. I know that as the City grows, we've gone from 9,000 to 40,000 people in 8 years and we're going to go to probably 80,000 before another 15 years. That's a lot of people. We have to put them somewhere. Everybody here that has testified is right. I don't know if there is a right or a wrong answer to one of these, but you asked for my opinion, and that is it. I'm not giving you an opinion of whether to vote for it or against it at this point. It's not going to be my prerogative tonight. I think that we do need to make sure that the developer of this project holds true to what they said. I have no question that they probably will. I just need to make sure that the City watches very closely at this if you do vote for it. So that's where I'm coming from right now. So the question has been called for. deWeerd: Mr. Mayor, I just absolutely hate to continue this, but you know what? I just feel that everyone has known where Keith and I have come from on this project. It was recalled because Ron Anderson wanted to reconsider it. I just hate to have the impression here that this was a railroad job. I don't want to strain the developers along any longer or the residents for that matter. I think we've all had to do this long enough. I don't know. t don't even think I can vote right now even though I feet comfortable with my vote because I know it's been raised about, well, Ron Anderson re-opened this, you know. Isn't it fair that he's here? The City Attorney has responded to it, but I just don't want the impression that I don't want some bad impressions out there. Corrie: Okay, with that said, the question has been called for. City Clerk, would you please - Meridian City Council Meeting August22,2000 Page 35 Bird: Go ahead. If you want to pull it, weIll pull it. I'm not trying to railroad it. Nichols: Mrw Mayor, I haven't studied parfiamentary procedure long enough to know, but the motion is on the floor, and J suppose if the moving Council member and the second will pull it off and table it that it can be done because it's not a final decision - Corrie: Even though the question - Nichols: If I can say, if I'm going to err, I'm going to err on" the side of caution. McCandless: Mr. Mayor, I just wanted to remind the Council that if they wait for Mrw Anderson to come back, unless you call a special meeting for a vote, I'm going to be gone next Council meeting, so you're going to still be- Bird: Go to the 19th. I realize, and Mayor, I will call for a question. If you two feel that way, I have no problem pulling my motion at this point. I just feel sorry for developers and stuff here. This thing has been jacked around for over a year that I know of, and every time we've asked them to go change something, they've changed it. They've redone it. We keep changing it. Before we can get four people here is September 19th. At least we don't have to worry about traffic until next spring because they won't have time to get started on it until noww I'll pull my motion if the second wants to pull. Then you may make one to continue it. I pull my motion, mayor. ' Corrie: The original motion has been pulled. The second is pulled. So I'll introduce for the secondary motion. Bird: We'll just continue it. Corrie: We've closed the hearingw Nichols: Mrw Mayor, if I mayw If Councilman Anderson is going to participate in this decision, then since he's not on record as whether he's made any ex parte contacts or what those were, then you need to re-open the public hearing, you need to continue the public hearing to the 19th solely for the purpose of stating on the record what ex parte contacts if any he's had; for him to ask any questions of the developer he has with regard to the record that he has reviewed; the letters, testimony and so forth so that he is fully apprised and then because of that, disclosure of any ex parte contacts he may have had we would also have to give opportunity to people to respond if they had questions with regard to those contactsw This is the legacy of that Foster Furniture decision. deWeerd: 1'm sorry. I just made a mess of this, but, you know, I've heard it stated in several members that testified. With that doubt there, I just do not feel comfortable moving forward until Mr. Anderson can participate in the votew Meridian City Council Meeting August 22. 2000 Page 36 Bird: Make the motion to continue the public hearing, then. Corrie: We'll have to have a motion to open the public hearing again. We have to re-open the public hearing and then continue it. That's the reason right there. deWeerd: Well, I've stated how I feel. What does the rest of the Council feel? I can re-open this if that's the general feeling, or do you want to just get this done with? Corrie: Okay. Wait a minute. I.understand what your motion is here, but we've got a parliamentary thing here that we've got to get cleared up. So the original motion has been pulled. The second has been pulled. I need a motion right now. Either to open the public hearing and then to continue that public hearing or you can re-do the motion, take your vote, and get it over with. McCandless: Mr. Mayor, could I ask our attorney something? Corrie: Sure can. McCandless: I stated a minute ago that I wouldn't be here on the next meeting, but I have disclosed and I have heard the testimony. I don't - you all know where I'm standing. I guess. If you wanted to hear it on the next meeting, and you're going to continue the public hearing which I disagree with, but if you're going to do that, then can you have it while I'm gone? Bird: You can't vote. Same situation. McCandless: That's true. Bird: Mr. Mayor, we have to, as I understand from the attorney, we have closed this. We can't continue it. We've got to re-open it. Then we'll have it noticed and continue it to the 19th. Mr. Anderson will have to get the tape which he should do. Not read, but listen to the tapes. Make his decision at that time that Cherie's back here. I'm like Tammy. I don't want it to look like it's being railroaded. Tammy and I have been both pretty stable in our views on the thing, and Shari has been stable on her views. That way we can see what Ron is going to do. With that, I move that we open the public hearing for the request for annexation and zoning for preliminary plat, Conditional Use Permit and annexation and zoning for Valeri Heights Subdivision on the northeast comer of West Pine and North Ten Mile and open it and I would then move that we continue this to the meeting of September 19th, 2000, the first item on the regular agenda. deWeerd: Mr. Bird, would you - Meridian City-Council Meeting August 22,2000 Page 37 Corrie: Before we get into discussion - give a second and then we'll discuss it. _. Is there a second to that motion? deWeerd: Second. Corrie: Now the motion has been made and seconded. Discussion. deWeerd: My only discussion would be that this be continued to allow any comments from Mr. Anderson to declare who he has talked to as well as ask any questions of the applicant that he might have. Bird: It'll be a public hearing again. Corrie: It will be re-opened. It will be a public hearing and we can go through the same things we've done tonight. Bird: Just like we did this time, Tammy. Just identical. deWeerd: When we re-opened Bear Creek for - we already did it for specific testimony. Bird: Question, Mayor. Let's get it- Corrie: Okay. Motion made and seconded that we have the public hearing opened and then continued until September 19, 2000. Any further discussion? Stop because the question has been answered. Roll-call vote, Mr. Clerk. Roll-call: deWeerd, aye; McCandless, naye; Anderson, absent; Bird, aye Corrie: Then the motion is passed two to one to open the public hearing and then continue the public hearing on the annexation and zoning, preliminary plat approval and the Conditional Use Permit. Okay. (inaudible comment from the audience) Corrie: We didnJt take a vote. This is the vote that we took. Bird: Mr. Mayor, I "Dove that we go into an Executive Session as per Idaho State Code Section 67-2345 (c). Corrie: That's the purchasing of property? Bird: Yes, sir. Selling of property. deWeerd: Second. Meridian City Council Meeting November 8. 2000 The regularly scheduled City Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:38 on Wednesday, November 8, 2000. Members Present: Robert Corrie, Keith Bird, Tammy de Weerd, Cherie McCandless, Ron Anderson. Others Present: Bill Nichols, Gary Smith, Shari Stiles, Bill Musser, Steve Siddoway, Ken Borup, Tom Kuntz, Will Berg. Corrie: -- Meridian City Council Meeting at 7:38 on November 8, 2000 and at this time, I'll have the City Clerk do roll-call vote. Council, you have the Consent Agenda in front of you. What is your pleasure on that? Bird: Mr. Mayor. Corrie: Mr. Bird. Item A. Item B. Item c. Item D. Item E. Item F. Item G. Item H. Approve minutes of September 13, 2000, Special City Council Meeting: Approve minutes of September 19, 2000, City Council Meeting: Approve minutes of October 3, 2000, Special Pre-Council Meeting: Approve minutes of October 3, 2000, City Council Meeting: Approve minutes of October 17, 2000, Special Pre-Council Meeting: Approve minutes of October 17,2000, City Council Meeting: Tabled from October 17, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Item I. Item J. Item K. Item L. Item M. Item N. Item O. Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 1 0 building lots and 2 other lots 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: Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Findings of Facts and Conclusions of Law: VAC 00-008 Request for vacation of the easement common to lots 14, 15, 18 and 19 of Block 2 in Honor Park Subdivision No.3 in a C-G zone by Briggs Engineering - south of Franklin Road abutting the west side of Stratford Drive generally between Scenery Lane and Schiller Lane: Findings of Facts and Conclusions of Law: VAR 00-018 Request for variance to the current Landscaping Ordinance to permit landscaping in compliance with the proposed Landscaping Ordinance by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Findings of Facts and Conclusions of Law: CUP 00-045 Request for a Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers c/o Micron Technology d/b/a Crucial Technology - off Eagle Road between Franklin Road and Fairview Avenue: Development Agreement: 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: Ashford Greens No.4 Streetlight Agreement: Item P. Approve Bills: Item Q. Meridian Ten Mile Fire Station Contract Materials Testing and I nspection Contract: Item R. Architect Service Contract for Police Station with Lombard Conrad Architects: Bird: Item G, the Findings of Facts and Conclusions of Law for Touchmark Living Centers is still not completed. I would move that we table that to December 19, 2000. Items H, I and J, the Valeri Heights, I move that we move them to Items 1 H, 11 and 1 J in the Regular Agenda. Item R, the architect service contract for police station with Lombard Condrad Architects - I would like to move that to regular item 1 R. With that, I would move that we approve the Consent Agenda as it stands. De Weerd: Second. Corrie: Motion made and seconded to approve the Consent Agenda with the correction of Item G to be tabled until December 19, 2000 and H, I and J be moved to the first item on the Regular Agenda along with Item R. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 1 H. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R-T to L-O 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: Corrie: The first item on the Agenda is 1 H, which is tabled from October 17, 2000 - the Findings of Facts and Conclusions of Law for approval of the annexation and zoning of Valeri Heights Subdivision. At this time, I'll open it for discussion on the Findings and Facts on Item H. De Weerd: Do you want to ask staff first? Corrie: Yes, I will. Staff comments first. Stiles: Mr. Mayor and Council, I don't have my file that - what all the issues are. I know we had asked for some changes to the Findings and apparently the applicant has asked for some clarification on some items. I don't have any - unless you have anything specific to ask me, I don't have anything to add. Corrie: I think the attorney may have some here. Anything else from the staff at this point? Mr. Nichols. Nichols: Mr. Mayor, members of the Council. We've had a number of weeks to try to get these findings put together to reflect the Council's decision. We have gone through all of the minutes, and I am the first one to admit that I may not be perfect and we may have missed something on here. We try to reflect what the testimony was and the Council's motion. We do have - there have been at least three letters or communications received - one from Irma and David Atkinson dated October 16, 2000 and one from Susan Wildwood, the attorney for the applicant and one letter from David Bailey, which was also attached to the letter from Susan Wildwood, the attorney for the applicant, commenting on the proposed findings. I have put together a memo for you dated November 2nd specifically addressing the Wildwood letter, setting out our draft findings and what the applicant has asked with regard to those specific findings. Again, there are items - and that covers primarily just the Preliminary Plat and the Conditional Use Permit. I don't believe she had any specific comments to the annexation and zoning findings. Councilwoman De Weerd has mentioned to me there are some issue~ in some of these findings. I can't remember if the annexation and zoning was one of them or there may be some references to ACHD's prior recommendations before the site plan was revised - and also the necessity in any of these, where it's appropriate referring to the site plan which was received by the City on August 215 , which was the day before the one public hearing - so that the site plan is specifically referenced as the one that the City received on August 21 5t, regardless of whatever date might be on that site. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Shari, did you have any comments on Mr. Nichols' memorandum dated November 2nd responding to the attorney's request? \ Stiles: I don't. De Weerd: The first one mentions, in addition to a paragraph, to state redesign of office building has been completed and reviewed by City. I don't see why that needs to be added in there, but- Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Councilwoman De Weerd, Mayor, members of the Council. Those specifically directed the Preliminary Plat findings, so it would be appropriate to take those up at that time. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I guess I just want on these findings to specifically note - on page 7, it talks about adopting the comments of Ada County Highway District from their letter dated August 15th as follows and there are a couple of items that I appreciate these findings, but they need to be noted that ACHD's will change to a certain degree as far as the recommendations and how they are affected by the limitations we put on our conditions - especially in reference to Gray Cloud Way. There is a reference on page 7 of the ACHD report No. 9 that talks about Gray Cloud Way. I don't know if it needs to be noted in these findings - the change or not. It talks about to meet all requirements within the site specific requirements and standard requirements and if they meet them all, then it's going against what's going to be in the Preliminary Plat and the CUP requirements. If it's just going to be stated in 16.7, on page 7 of these findings that our requirements are met and all the requirements don't apply because of the certain conditions that were placed. Can you put "with the exception of these items," or do you have to get that specific in the annexation findings? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Councilwoman De Weerd, Mayor, members of the Council. If you want to modify 16.7 on the annexation and zoning findings so that you indicate that it's -- all requirements within the site specific requirements and standard requirements shall also be met except as modified in any findings passed by the Meridian City Council. That should take into account anything that's different. De Weerd: Okay. Corrie: Any other corrections on the findings and facts of the annexation? Stiles: Mr. Mayor. Corrie: Shari. Stiles: I guess I'd like clarification of what Dan was talking about on the findings and whether that was the extension of Gray Cloud Way to and through the property, because the Highway District has indicated they will not approve gating that. Corrie: Mrs. De Weerd. De Weerd: Has it gone to their Commission? Stiles: I don't believe it's gone back to the Commission. De Weerd: Because when I talked to Terry Lowe, that was the next step - that it would have to go to the Commission. Stiles: Back to them to ask for their approval? De Weerd: Yes. Stiles: Okay, but it hasn't. De Weerd: In my opinion, that's not what is questioned here. We made the condition that that be accessible to emergency, bicycle and pedestrian. That's our condition. It's now up to ACHD whether they accept that or not. If that condition can't be met, then it's not a project. Stiles: Okay. Thank you. Corrie: Anything else for staff? Bird: I have none. Corrie: I would entertain a motion on Item H, which is the Findings of Facts and Conclusions of Law for the approval of the annexation and zoning. De Weerd: Mr. Mayor. Corrie: Mrs~ De Weerd. De Weerd: I move that we accept the Findings of Facts and Conclusions of Law for annexation and zoning of Valeri Heights Subdivision of 12.73 acres from R- T to L-O and R-15 with the changes noted on page 7, Item 16.7 as suggested by the City Attorney, using that verbiage and to have the Mayor to sign and the Clerk to attest. Corrie: Do I hear a second? Bird: Second. Corrie: Motion made and seconded to approve the annexation and zoning on Item H with the corrections and additions of page 7, Item No. 16.7. Any further discussion? ' Hearing none. Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Bird, aye; McCandless, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 11. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L- Q and R-15 zones by Vicki Welker / Gold River Companies, Inc. - + northeast corner of Pine Avenue and Ten Mile Road: Corrie: Now we have the Findings of Facts and Conclusions of Law for the request for Preliminary Plat of the 12.73 acres in proposed L-Q and R-15 zone by Gold River Industries - northeast corner of Pine Avenue and Ten Mile Road. Any staff comments at this point? Mr. Nichols. Nichols: Mr. Mayor, members of the Council. Again, if you will look at the memorandum dated November 2nd, which sets out the applicant's comments with regard to specific items in the proposed findings of the Preliminary Plat - if there are any of those that you wish to adopt, that you would tell us. I know specifically Item 2.45, in the conditions, I couldn't really tell exactly how many garage units have been reduced. That's why there was a blank there. I need the Council to instruct me as to what number to put into there. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I counted them. It was reduced by two units to 159. It went from 161 to 159. Anderson: Mr. Mayor, I'd just like to state for the record - clarification, it states in there that I had requested two garages be reduced. That was not accurate. I just indicated that I did not like a solid wall of garages several hundred feet long. It was their suggestion to delete garages and to break them up, not mine. Corrie: Any.others? Nichols: Mr~ Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council. If you look through the applicant's proposed language, you can see some opportunities here for clarification which - I guess what I'm asking you to do would be to specifically address any that you want addressed. For example, on the - if we go to page 3 of my memo, which had to do with 2.49, which was the memberships - membership availability and that was so that the Community Center or Recreation Center could be used by people in Thunder Creek Subdivision. I thought the testimony was 30 to 50 memberships available. It looks like, in the applicant's version, they're saying to make up to 20 memberships available since there are 20 lots in the Thunder Creek Subdivision. It's an opportunity to say that that's a household family membership. That's the clear indication from the applicant's request. That would be a modification regardless of whatever the number is, but the number of family memberships available - that's an opportunity to clarify that. Each one of these things down through here - if you want to clarify those hours of operation - I can go down through each one of these and tell you why I put what I did down. Bird: I would appreciate it. Nichols: Why don't we do that? In 2.42, that was derived from staff comments and also looking at the minutes and what had been testified to in terms of the revision that the office building would be different so that there would be - I think in one version, there were no windows on one side or something like that. Now it would be the decorative windows door styles on all sides - that there would be this cut-through on the building on the corner so that pedestrians could go through the building to the traffic signal. On 2.42, I'm not sure that the testimony reflected that the redesign of the office building had been completed and reviewed by the City. I don't know whether that's occurred. Under 2.43, a restriction on a type of businesses - no bars or taverns. That's straight out of the testimony. Hours of operation - I put down here from 8:00 a.m. to 6:00 p.m. because it basically said "daylight operation." I don't believe, in my review of the minutes, and having been here for each of these meetings, I don't know that there was any testimony that said 10:30 p.m. was the close of business time or what time would be appropriate for the business to open. I just remember it was "daylight" or "day operation" I think is what was testified to by the applicant's engineer. I interpreted that to mean 8:00 a.m. to 6:00 p.m. We've already talked about 2.45, Which is the number of garage units. It looks like what the applicant is asking is that if they reduce it more, then they would be allowed to reduce it more than the two units that had already been reduced and so it could be - 2.45 could be reYvorded to say "reduce the number of garage units by at least two to increase open space and landscaping." There would be no requirement that they have more than that. Under 2.46, this is one that actually may be redundant because I believe that this is the road that now stubs into the development. There is a turn-around and so it does not actually go through to Thunder Creek anymore. That 2.46 could be eliminated because the site plan calls - I don't believe that there's a - I could be wrong, but I don't - I guess that's a question that maybe Shari can help us with because if it's not a thru-street, then there doesn't need to be a fire gate there. De Weerd: .Mr. Attorney. 1 Nichols: Yes. De Weerd: I wonder if that - it doesn't really refer to it as Lightning Way. Would that one be referring to Gray Cloud? Nichols: Councilwoman De Weerd, Mayor, members of the Council. This came out of, I believe, the Planning and Zoning's recommendations. I'm not really clear. We did have a specific recommendation on - I think it was on the CUP. It may have been a Preliminary Plat, but with regard to Gray Cloud Way, which had to do with restricting the access to pedestrians and - Bird: That was part of the motion, wasn't it? Nichols: Yes, it was. Corrie: Shari, staff comments on that 2.46? Stiles: Mr. Mayor and Council, if the conditions of Ada County Highway District are included in these findings on the plat, how can you include those conditions of Ada County Highway District if a later condition is taking away that requirement? I don't believe Ada County Highway District will approve the gates and that was why I asked before when you made the motion to include those gates to add "if approved by ACHD." Gray Cloud Way is a lengthy dead-end street with n~o turn-around at the end. The Fire Department, I don't believe would approve it. ":The plat doesn't show any kind of a hammerhead configuration that would allow for the turn-around. I just don't want to get in the situation where we've got the conflicting requirements and ACHD says flat out, "No," and they won't approve the plat. They won't sign the plat. Then we're back here later trying to make compromises on something that you never intended. I don't know where we're at. I don't know how you can approve a plat with these conflicting conditions. De Weerd: Can Mr. Nichols answer that? Nichols: Mr. Mayor, members of the Council. There may be conflicts here, and that's why I worded the condition on Gray Cloud Way, "if approved by ACHD." That's why I worded it that way because I picked up on Mrs. StilesJ comments before. I think I may have made that comment to the Council at the time that we could word it in that way - that if ACHD approved the security gate, or something where restricted to pedestrian, bicycle and emergency vehicle traffic, that that would be a condition. If they didnJt approve it, then it wouldn't be there. That's the way I took it and that's why it was worded that way in the findings. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: j Since we are not the transportation authority, we can only put our desires - the main concern from the residents was access of the traffic into their subdivision and which, I agree. If that condition cannot be worked out with ACHD and the applicant, then the project is killed by ACHD. That is the City's requirement. and I think that's what we all agreed on. I didn't modify my motion to say "if approved." They have to work that out with ACHD, who is a transportation authority. We can't make the final say on it, but we can certainly make the condition. Stiles: I wish I had a picture of it to show you right now so that you could see that length of the dead-end street with no turn-around. De Weerd: It will have to probably be worked on with ACHD as to how that's going to happen. Again, that's not our purview. That is theirs. I'm not going to sit here and speculate as to what ACHD is going to approve or not approve, just like they don't try and do the same in our situation. Whatever they decide, that's between them and the applicant. Stiles: As long as it's clear to the applicant. De Weerd: If it isn't by now, I don't know what else I can say. Stiles: Okay. Thank you very much. Nichols: Continuing on, Mr. Mayor and members of the Council. I believe the next item was on page 3, which has to do with sidewalks. The applicant wishes to have that modified to say, "where permission can be obtained from the land owners." There was quite a bit of testimony about whether permission was obtained or not. It was my understanding the Council's motion was that the sidewalks had to be in on the east side of Ten Mile. On the next item, which is 2.48, which was "restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except to as what is allowed in the yellow designation under the conditional use of the office building. The applicant wanted that, to read "restrict the right to make application for more than the allowed R-15 density and I don't know how that that's any different than what we've asked for in our finding. In 2.49, the next one, which was the one I've already addressed with regard to the number of memberships, if the intent was each homeowner in Thunder Creek was to have a membership in the Valeri Heights Horllsowners Association - would give them access to the facilities, which seems to be what the applicant is saying. We could say, "up to so many family memberships or one per resident's basis," or something if the applicant wants further clarification. I think that's it on those. I want to look for a letter. I can't seem to find my copy of the letter from Mrs. Atkinson. I think Mr. Bailey's letter went toward the Conditional Use part of it. Mr. Bailey's letter addressed the Conditional Use Permit, so we can look at that. I believe that Atkinson's concerns have been addressed through our discussion here, with regard to the Preliminary Plat. They raised the issue of the fire gate and at least as the Preliminary ~Iat part of it goes, the issue of if ACHD approves the number of memberships and whether that's family or not - so that's that issue. De Weerd: I have nothing further. Bird: I have none. Corrie: Anything else from Council on the - Anderson: i was just going to comment, Mr. Mayor, that I think the attorney has accurately reflected in his Findings of Facts and Conclusions of Law how I remembered the testimony and the motion. These requests for clarifications in here from the applicant, Susan Wildwood, I think are addressed in our Findings of Facts and Conclusions of Law quite adequately already. De Weerd: Mr. Mayor. Corrie: Mrs~ De Weerd. De Weerd: If there's no other discussion, I would try and make a motion. I move that we approve the Findings of Facts and Conclusions of Law for the request for Preliminary Plat for Valeri Heights Subdivision with the following changes: to make sure on page 4, No.7, that the site plan is indeed, the one received August 21st, but to note the change of the site plan drawing. That change would also be effective on :page 5 - to make sure that the recommendations on page 7 by Ada County Highway District is amended as per additional conditions set by City Council. That would effect 2.18 and 2.20 and that reference should be made to Lightning Way. The details are on their August 15th letter, No.7, page 7 - that 2.45 be amended with the language that the attorney suggested to reduce the number of garage units by at least two - to eliminate 2.46 - on page 12 on 2.52, to strike out Hif ACHD approves" - to amend 2.49 to read Hmake 20 family memberships available," and that's the end of my motion. Anderson: I'll second it. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law with the corrections and additions that were made at this point. Any f~.Jl1her discussion? Hearing none. Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 1J. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Corrie: Item J. De Weerd: Mr. Mayor. Corrie: Mrs~ De Weerd. De Weerd: Before we move on, I guess I failed to mention or get clarification on one item on page 12 of the Preliminary Plat, and that was 2.51 ~ That stipulation was that the stoplight and the road improvements and the sidewalks be put in prior, or before any structural building permits were allowed. Is this verbiage in here sufficient to reflect that? Nichols: Councilwoman De Weerd, would you give me the reference again, please? De Weerd: Okay. Bird: The last paragraph takes care of all that. It says that no structural permits shall be issued until all of the improvements required by the City and this decision are built and all other conditions are met. De Weerd: Is that clear enough? Nichols: Councilwoman De Weerd, Mayor, members of the Council. That's the reason that I put it in the order portion of the Findings of Fact, so that it was clear that all of those - that there would be no permits issued until those improvements have been put into place. Corrie: Alright. Next will be 1J. This is the Findings of Facts and Conclusions of Law for approval - request for a Conditional Use Permit for Valeri Heights Subdivision for 128-unit apartment complex, townhouse and office on 12.73 acres. Mr. Nichols. Nichols: Mr.. Mayor, members of the Council. The latter part of my memo has the Conditional Use Permit findings that are at issue. Some of these are redundant to what was in the Preliminary Plat. Specifically, the first one had to do with the redesign of the office building. Again, the applicant asked that the additional language be inserted - that it had been completed and reviewed. The hours of operation - we've already talked about that. The number of garage units, which was addressed in the specific motion that just approved the Preliminary Plat Findings with the change. 13.69 is the fire gate issue. 13.70 is the sidewalk issue again", 13.71 is again, the change with regard to - well, not really a change. Again, I don't see the applicant's version. I don't understand the request for the change on that one. The memberships available - that was also in the Conditional Use Permit Findings. The other thing that's in the CUP that was not in the Preliminary Plat had to do with the number of residential units. The motion of the Council was to reduce the northernmost building from three stories to two. The minutes reflect that when the question was raised - how many units is there on that third floor? The minutes reflect that - the applicant's representative is not on the tape, but Mrs. Stiles, reported to the Council that the applicant's representative indicate that that would be a reduction of eight units. The applicant has now seen a letter from Mr. Bailey that says that essentially the top floor was only four units and not eight on these buildings. Therefore, it was a reduction to 124 - total residential units in the development instead of 120, which is the way I have the findings worded because it was a - again, the key thing was a reduction and that height of that building from three stories to two. The applicant's point is that if there were only four units on the top of that building and it was reduced down to a two-story building, they should only be docked four residential units and not eight. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: ~ I guess since I made the motion, I will respond to that. I could just refer the City Attorney to Mrs. Welker's letter of July 18th, which mentions reducing the height of the two most northerly three-story apartment buildings by grading. f\{line was reference to that and the developer's promise to the neighbors that those would be reduced in height. Because the applicant could not tell what the height would be, I thought the easiest way would be to take the story off of that. In fact, in that very same letter, she mentioned that these luxury apartment complex buildings would be a combination of two-story and three-story buildings. I guess when I made my motion, I was actually looking at, again, the promises made to the neighbors and trying to reflect dialogue that the applicant had with the neighbors. I would say that stands at 120. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: As I recall in seconding that one, that was very specific. We asked Mr. Bailey at th$t time because I questioned if one building going down was a full eight apart~ents - one story going off - and he assured us that that was eight. The motion ~as very specific about being eight and he agreed with the eight. As far as I'm concerned, it stays that way. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: ~ guess I'm just a little confused on that issue because we're hearing two different terms being used here. One is a condition that we reduce the height of the northernmost building, which from what I understand, would only be four units, technically. But yet, the motion is stating eight units, which would mean we would have to lower the two most northern buildings. Just for my clarifications, Councilwoman De Weerd, are you saying that they must lower the height of the two most northern buildings to two stories? De Weerd: Yes. Actually, that's what my motion was intended to reflect. I don't know if I said, "the one most northerly most building." I was just replying to her letter with the buildings on the far north. Anderson: Thank you. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Members of the Council, Councilwoman De Weerd. It would appear then, that - .if I can find the findings specifically here. It would simply be to say to reduce the height of the northernmost buildings or two northernmost buildings to two stories, and that would reflect what you wanted on that. Bird: That's what I seconded. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I guess I had a question for staff on page 7. Shari, on page 7, 13.10 and 13.12 - are those necessary to have in there? They refer to storage areas for boats, <pampers or trailers - kind of standard comments that - and a maintenance building. Stiles: Mr. Mayor, Council and Councilwoman De Weerd, those were original conditions. Those were our comments as we originally prepared them for this project. I believe that requirement was taken out by Council - action approved not to have the storage units. *** End of Side 1 *** Stiles: -- and I believe they explained that they would have a maintenance company come and do all of that, so those would not be required. De Weerd: Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Mr. Nichols, I have one other question. On page 10, and I guess this would effect all of the comments that include ACHD recommendations. When I read these, I wasn't really clear as to make sure that there were lane improvements at the intersection of Ten Mile and Pine and that there would be a turning lane on there. I did call Terry Little to get clarification on their findings of August 15th, and on their page 6, Item 38, it does state that those road improvements were to be done. I just want to make sure that those are reflected in our findings. Nichols: Councilwoman De Weerd, Mayor, members of the Council. I believe 13.33 has a center turn lane and 13.34 has a center turn lane. So one has it on Pine. One has it on Ten Mile. De Weerd: Okay. I wasn't sure if that just related to the entrance into the development, or if that was actually at the intersection. Nichols: I believe it's shown on the site plan. De Weerd: It is. Nichols: So that would be incorporated by reference into this as well. Bird: In a state's intersection. De Weerd: I have nothing further. Bird: I have.. nothing. Corrie: I'll entertain a motion then, on the Findings of Facts and Conclusions of Law for the Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move that we approve the Findings of Facts and Conclusions of Law for a Conditional Use Permit for proposed Valeri Heights Subdivision for a 120-unit apartment complex, townhouses and office on 12.73 acres in proposed L-Q and R-15 zones to note the following changes. On page 7, delete 13.10 and 13.12 referencing the storage areas and maintenance building. Note that ACHD conditions of August 15th would also apply to any additional City Council recommendations in how they effect those. That would be on page 14. On page 15, 13.68 - reduce the number of garage units by at least two; 13.74 to just add a "s" left-turn lanes; 13.75, delete "if ACHD approves." I couldn't find where the 120 units were mentioned, but use the verbiage that the City Attorney recommended on that. On page 14, 13.63 - and that it says "buildings." Where it says "The entire complex shall have a total of 122 units," it could reference that that was changed from 128 to 120. That's it. Anderson: I'll second it. Corrie: Motion made and seconded to approve the Conditional Use Permit with the approval of all the conditions and comments of changes from the motion. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Just something of discussion. I know questions were raised as far as bonding or improvements such as the sidewalks, and since it is a condition that those improyements have to be made prior to any structural building permits, bonding is riot a viable option. I just wanted to make sure that that was - you can bond for it, but you still can't build until it's in, so. Bird: Mr. Mayor. Corrie: Yes, Bird: I believe, on our findings and stuff, it says, "No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met." That takes care of any bonding or anything else. Corrie: Any further discussion? Hearing none. Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 1 R. Architect Service Contract for Police Station with Lombard Conrad Architects Corrie: The' next one is R - architect service contract for Police Department with Lombard Conrad Architects. Mr. Nichols. Nichols: Mr. Mayor, members of the Council. To proceed with building the new Police buildi'ng, the City has selected Lombard Conrad as the architects. I have been through the proposed agreement and made some suggested revisions. In the last communication I had from Mr. Moorehead, it appeared like we had all of those worked out. When I went back through and compared the latest draft, which I hav~, the only issue that - his previous correspondence to me indicated he had agreed to my changes except for a couple of items. We've subsequently got those two items fixed. In one of my prior comments, the attendance at a public hearing is an extra service not covered by the regular fee. We know this building will be subject to the Conditional Use Permit process. We know that there will be at least one public hearing required as a result of that Conditional Use Permit process. I felt like they ought to be there at that meeting to provide testimony, input and answer questions. It ought to be part of their base services. If it may have an oversight - I haven't been able to talk to Mr. Moorehead, but I'm comfortable with the way things are if we can just simply resolve that issue. I just don't want the City to be billed extra for somebody showing up at the public hearing when they know, going in, that there's going to be one. Corrie: Yes, they're going to have to show up for it. That's for sure. Bird: I think - Mr. Mayor. Corrie: Mr. Bird. Bird: I think it's probably an oversight on their part. I don't think it would be any problem. I believe that CGA has always done that for us on the Fire Department - any extra. I believe it's an oversight. I wouldn't - if no more discussion, I would move that we accept that contract with Lombard Conrad with the condition that that one item of extra charge for public hearings is taken care of between the Mayor and the attorney and Lombard Conrad. McCandless: Second. Corrie: Motion made and seconded to approve the contract for the Police Station with Lombard Conrad Architects with the approval of the attorney - gets the change on the contract and for the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 1. Tabled from October 17,2000: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 - south of Ustick between Locust Grove and Vintage Lane: Corrie: No\'v we are back to Item 1 on the Regular Agenda. This was tabled from October 17, 2000. It is a request for Final Plat approval for 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 - south of Ustick between Locust Grove and Vintage Lane. I have a question, Council, on this one, before we do a Final Plat on it - approval of that from the attorney. We're having some problems on this lane - North Windgate Lane. I noticed in the letter that the homeowners there on that lane said the property owners on the lane established this lane as a private lane July 25, 1913. Looking at the plat, the Packard Subdivision people think that their ov,nership on their plat goes to the middle of that road. I guess my question wo.uld be, Mr. Nichols, is if there - if there's something there that says that lane has been there that long, can the developer actually show that half of that lane is theirs? Property or that - I'm a little concerned about where we're going here with this. Nichols: Mr. Mayor, members of the Council. I've reviewed this matter and specifically spoken with Mrs. Stiles, Mr. Smith and Bruce Freckleton. We've worked with the plats, and I think even at one point - it's been a while back, but I even looked at the deed which contained the easement - the 1540 easement which is of issue. I'm not prepared to offer an opinion as to what the rights of the landowners are because I don't have all of the facts. I will say this. It appears that the actual road bed itself is not built within the actual 15-foot easement. The road bed extends - or at least it's Bruce Freckleton's opinion that the middle of the road bed goes right down the section line or half-section line - whatever it is there, so that half of the road bed falls with inside of the easement and the other half falls outside of it. It's been that way for a very long time. The owners, or the people that have benefited by the easement may have some sort of claim against the property upon which they encroach through a prescriptive easement. I'm not going to offer an opinion on whether they do or not. I'm just saying that they may. At the same time, what I believe the City's responsibility is to make sure that the 15-foot easement that is covered by the deed restriction is still there -- if the City does not do anything to impair the 15 feet as contained in that deed from 1913. If there's an issue with regard to the road bed, because it's not built within the 15-foot easement, then I think that's something that the easement holders have again~t the property owners into which the land encroaches - or the road bed encroaches. I understand there is some construction going on out there - stuff being put in the middle of the road bed, but it's within the boundary line of the property to the east. So, they may have some damage claim. They may have something like that, but from the City's standpoint, the key thing is to make sure the 15-foot easement, for the length of that parcel on Packard Estates No.2 is preserved':. There is still a question. Does that mean that the developer has to build up that 15-foot so it will take traffic? I'm not prepared to offer an opinion on that, but the 15-foot easement has to be preserved. Your question as to - an easement is just - it's a limited interest in land for a limited purpose. So, the owner of that land, over which the easement runs, does in fact own the land and they have rights in that land except to the extent limited by the easement. They can be on the easement, as long as they don't interfere with the ingress/egress. They can't do something in the easement which is going to restrict ingress/egress. An example would be when we go to get pathways along Nampa/Meridian's - one of their drain ditches, if they hold title to the drain ditch, we just deal with them for the pathway agreement. If they simply hold an easement for that drain ditch, then we have to get consense (sic) from each one of the titled :'owners that has property bordering on that ditch. So, I don't know if that answers your question or not, but we've reviewed the situation. Staff and I have. I thin,k the key for the City is to make sure that 15-foot is kept open. I'm not sure that the City has any obligation to make sure that the property - I mean we're not a court We're not to issue an injunction. We don't have the power of the property owner to say what they can or can't do that way. It's complicated by the fact the road bed isn't built entirely within the easement. Actually, if they're only seven and a half feet off, that's pretty good for 1913. Corrie: Yes, I think it was. Council, any other questions for staff? Comments? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I've got a little legality of the easement and all that stuff. It's very important. When these developers came in and did this, they promised to the Windgate people that they wouldn't do this and they wouldn't do this and they consistently have done this and that. I personally went out. Gary has been out, I'm sure. I'll let Gary address that. I don't think they're holding up their end of the promise that they giye to these people. I realize these people aren't in the City limits. I don't know the legality of the road easement or anything else, but I think if you make some commitments in public testimony, that you live up to them. I realize that they have a new developer there. One of the original people are not involved, but when they take over the development of it, they acquire the conditions that this development was processed under. I don't think they've been good neighbors to Windgate people. They haven't done what they had stated they would do. I just don't think it's right. I know there's probably nothing legally we can do, but they just didn't - they haven't lived up to their promises in their conditions. I Corrie: Tha~k you. Staff, do you have any comments on this final plat? Gary? Smith: Mr. . Mayor and Council members. I was out to the job site yesterday evening and the contractor working on Packard Acres No.1, which is to the east side of this plat that you have on the overhead is approaching Windgate Lane with their improvements. That is their water and storm drain. I was informed by the Contractor Superintendent that they will be installing some sand and grease traps for storm drainage control at the end of the Challis Avenue, which is the street at the very bottom of this Plat No.2, and it extends on to the east. They. will be installing those sand and grease traps within the next day or two. Those sand and grease traps are located within their property on the No. 1 Sub. However, as Mr. Nichols pointed out, their property line is approximately in the middle of the existing gravel surface of Windgate Lane. Therefore, Windgate Lane is goil:1g to be disturbed with excavation to install those sand and grease traps by th"e developer of Packard Acres No. 1 Subdivision. There is a requirement, as I read the Development Agreement, to install a boundary fence along Packard Acres No. 1 Subdivision's west boundary. Again, that west boundary is approximately down the middle of the existing gravel surface of Windgate Lane. I think you can see where this thing is heading and that's why I ask Mr. Nichols for his opinion, as far as the legal ramifications to the City of Meridian. I did find a letter in our file from the developer, Mr. Craig Groves. It was written on March 22, 2000. It was addressed to Mr. Yarn Allman and Mr. Dale Sharp. I will quote a couple of sentences from that letter. "I want to assure you that you will have the required legal access along Windgate Lane and any damages caused by our contractors will be repaired immediately. The developer guarantees to provide at least a 15-foot right-of-way for Windgate Lane." That letter was signed by Craig Groves, and it was received and signed for by Dale Sharp and Vern Allman. As far as I know, at this point, as of yesterday evening, Windgate Lane is accessible by property owners - Mr. Sharp. Obviously, if the fence is installed, it won't be unless the contractor builds additional width to Windgate Lane and provides that access width. Again, that existing road bed is not within the legally described easement for Windgate Lane, but I suspect there is some kind of prescriptive use, as Mr. Nichols referenced. Again, that's a legal question that's just an opinion. I'm not a legal person. All I know is it's been there. At least, reportedly, it's been there for a long time. They are providing the easement for Windgate Lane as described in the legal document on this plat. In fact, we are requesting that they provide an additional five feet to increase that width to 20 feet so that it's accessible with two-way traffic. Right now, it's pretty much a one-lane road. However, there are wide spots here and there where traffic can p'ull off if there is an oncoming vehicle. But, you could rest assured that if somebody encountered a SFI trash truck on that road, they're going to have to look for a place to hide as that goes by. At this point, we have not received a response from the developer or their representative. We have a need for a - perhaps we just can't find it in our files, but we have a need for a copy of an easemerjt for the pressure sewer line along that large lot at the end of the long cul-de-sac - along the west side of that large lot at the end of that long cul- de-sac - clear on the west side - the long cul-de-sac that goes north/south, yes. Right along there, we've got a pressure sewer line that comes from the lift station down right there by the arrow and we need to get a copy of the easement across that large lot. We also had a question. Item No. 20 of the staff's review comments on this Final Plat, is a bit of a conflict with the Highway District's requirements concerning Challis Drive and its crossing of the Windgate Lane. I don't know if you have that condition in front of you or not, but staff is requesting your comm~nts on that issue because we do have a conflict with the Highway District as to what they want to provide and what the users of Windgate Lane want. This concerns the extension - or the connection of Challis Drive on No.2 - to Challis Drive on No.1. De Weerd: Mr. Mayor. Corrie: Mrs; De Weerd. De Weerd: ,Gary, have you talked to ACHD about this? Smith: I hayen't specifically, no. I was just referencing this condition that Bruce and Shari had written. De Weerd: Okay, but perhaps we can revisit this at the next meeting. Smith: I can get some information for you on that, yes. That's all I have, Mr. Mayor and Council. Corrie: Thanks, Gary. Well, it sounds like we need to table this one until the 21st anyway. So, I'll entertain a motion to that effect, if it meets with approval of Council. De Weerd: Mr. Mayor. Corrie: Mrs;" De Weerd. De Weerd: I move we table this item for a request for Final Plat approval for 61 building lots and 3 other lots by Packard Estates Development and revisit it on November 21 st. Anderson: Second. Corrie: Motion made and seconded to table Item No. 1 until the 21st of November meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. s Corrie: With Council's permission, why don't we take a five-minute break? Bird: Mr. Mayor, I move that we take a break. De Weerd: Second. Corrie: Motion made and seconded to take a five-minute break. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING READJOURNED AT 9:05 P.M. Item 2. Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: Corrie: We'll come back in from recess. Item No.2 is a continued public hearing from September 13, 2000. It is proposed changes to the Landscape Ordinance by the City of Meridian. At this time, I will continue the public hearing. Staff. Steve. Siddoway: Yes, Mr. Mayor and members of the Council. As Councilwoman De Weerd suggested earlier, I have submitted a memo dated November 3rd, requesting continuance again of this hearing tonight, as we're not ready for a final decision to be made. At the last hearing, when the Landscape Ordinance was heard, the Building Contractors Association was here and testified as to several concerns they had. I was instructed by the Council to meet with the Building Contractors Association and to try and work out some of the issues and compromises. We have met twice. I have a third meeting with them tomorrow and we're making some significant progress. However, one of the most hotly contested issues is the open space issue. The Draft Ordinance, as you have it, requires five percent common open space internal to new subdivisions. The compromise that the Building Contractors Association is asking for is that we allow the street buffers to count for up to half of that five percent, effectively reducing the amount of open space that we get internally in half to about two and a half percent. It won't necessarily be the case in all cases, but in many cases, it will. When we drafted this original ordinance, we felt that five percent internal was the minimum standard that we wanted to see in order to have - raise the bar in the subdivisions to create a better quality of life for the residents that are in them and pr~vent what we see today as miles of subdivision - lot after lot without much of an open space break. I'm here tonight because the hearing is open and if anyone wants to testify, I'm here for questions. I'm also hoping to get some feedback from the Council and Mayor on this issue to see what your feelings are - if we should hold to the five percent - if we should drop it as the Building Contractors: Association has requested. It is my understanding that a representative from the Parks Commission is here tonight. I don't know if they are or not, but they were going to testify on this issue. With that, I'll stand and see if anyon'e is here to testify and answer any questions. I'd love to have some feedback. Corrie: My voice may not last very long here, but I'd like to put two-cents worth in to you. I'd like to see it stay at the five percent. We're growing at a fast pace here now. I don't think we're going to be hurting for more subdivisions the way it looks. I want five percent to stay, if I have my way. I don't always get it, but still, you ask for our opinion, and I'm going to give you mine now so that you have it. I may expel o,n that next - on the 21S\ but this is a public hearing continuance. Is there anyone else here that would like to enter testimony now and they could also enter on the 21st as we continue it. Is there any comments from Council? Do you hav~ the member of the Parks and Recreation here? I De Weerd: I didn't see anyone. Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Since I was on that Committee, I would support it as well. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just to give you a little more direction, I support the five percent, too. Corrie: I'd say 10, but we want to be reasonable about this. If there is no more testimony, I would entertain a motion to continue the public hearing until the request of the Planning and Zoning - Steve - to table this to the 21 st of November - or not table, but to continue. Bird: Mr. Mayor. Corrie: Mr. Bird. ." Bird: I move we continue the public hearing on the Landscape Ordinance to November 21, 2000. Anderson: Second. Corrie: Motion made and seconded to continue the public hearing until the 21st of November. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 3. Continued Public Hearing from October 3, 2000: 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 No. 3 is a continued public hearing from October 3, 2000. It is a request for a Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision. At this point, I'll open the continued public hearing and invite staffs comments first. Stiles: Mr. Mayor and Council, we did meet with the applicant and their representatives regarding this project. The main issue that has yet to be finally determined is the easement - either common lot or an easement for a future pathway al~ng Ten Mile Creek. These are some pictures that Steve went out and took of the site. This picture here is looking south across Waltman Lane along the c~eek area. This picture is looking north. This is roughly right at the entrance to ~the property. It's a little overgrown and dense in this area. They do have a fence that runs adjacent to the creek, and then the old Waltman house is back here. This is also showing the Waltman property would be here. It is a beautiful exi,sting natural feature that we would like to retain and have the chance to put a pathway in there. Tom Kuntz and I met at the site and looked at how the pathway might be constructed. The fence was put in by the present owner of the property, I believe, in an attempt to create some safety due to the fact they were having some functions at the Waltman house and wanted to prevent people from falling into the creek. The biggest area where there is a little bit of a problem is as you come into this property from Waltman Lane, WHITE, PETERSON, PRuss, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARnEY TERRENCE R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN 1 IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~0247 TEL (208) 466~9272 FAX (208) 466.4405 Email viaInternet@wfg@wppmg.com "ALSO ADMITIED IN OR ..ALSO ADMITrED IN WA PLEASE REPLY TO MERIDIAN OFFICE October 4, 2000 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: V ALER! HEIGHTS SUBDIVISION / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLER!( CASE NO. AZ-OO-006 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of September 19, 2000, and which are on the agenda for October 17, 2000. I have also attacfied the originals of the Resolution and Certificate of the Clerl( for the Development Agreement for owner/developer's signature. Please disregard any previous AZ Findings and/or Development Agreements sent to your office in this matter, and replace with tnese new 10/03/00 documents. I have also attached hereto the Development Agreement for the above matter. Mer the Council meeting of October 3, 2000, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings win need to be attacned to the four Development Agreements as Exhibit "B". Mter the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signature. Very truly yours, Wm. F. Nichols msglZ:\Work\M\Meridian 15360M\Valeri Heights AZ\FFCL and DevAgtClk.ltr BEFORE THE MERIDIAN CITY COUNCIL 11) C/C 09-15-00 IN THE MATTER OF THE APPLICATION OF VICIO WELI<ER, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.73 ACRES FOR VALERI HEIGHTS SUBDIVISION FROM R-T TO R-15 AND L-O, LOCATED AT THE NORTHEAST CORNER OF W. PINE STREET AND S. TEN MILE ROAD, MERIDIAN, IDAHO FIN INGS OF FACT AND C eLUSIONS OF LAW AND CISION AND ORDER RANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled a exation and zoning application having come on for public hearing on May 16,2 00, and tabled to June 6, 2000, June 20,2000, and July 18,2000, and then re-no ced for August 15,2000, and continued until August 22,2000, and continued u il September 19,2000, at the hour of 7:30 p.m., and at the May 16, 2000 mee ng S ri Stiles, Planning and Zoning Administrator, appeared and testified appearing and testifying on behalf of the Applicant was 1ohl'e- David Bailey, Pat DolBy-Traffic Engineer, Scott Harrision-Project Designer, and Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER (AZ-00-006 ) testifying with comments or concerns were: Erma Calhoun Atldnson, Rick Lambert, Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas, Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15, 2000 meeting appearing and testifying in favor of the project were Greg I<rltchville, f\ J t .J < }-12, 2oCJt?J -.) "'-1 "'II If\, ..b and Daren McNatt, and the matter was continued unti~September 19,2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and those appearing in favor of the project were: Jennifer Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber I(erns, Jeff Strouhs, Carrie Rudy, and Steve Bravo, Dave Fuller, Michael Marquise, Colleen Calhoun, and David Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atldnson, Lynn Hackstetter, IGrlc Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael Carthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I(aty Corbol, Marlc Lines, Riclc Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David . C9 ~ Atldnson, Roger Ferner, Chelsea Ghasserani, Jody Clarlc, Chris Staley, Devon Everhart, and Steven Martin, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELICER (AZ-OO-006 ) scheduled for May 16,2000, and tabled to June 6, 2000, June 20,2000, and July 18, A-vfv~J- 22-( ~...-J 2000, and then re-noticed for August 15, 2000, and continued unt~September 19, ""1t{1V\. 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 May 16, 2000, and tabled to June 6, 2000, June 20,2000, and July 18,2000, and then re-noticed for August 15,2000, and ~1r)~f- 2-'-/ 2aJD ~ vtfPt t-- -k> continued until ~eptember 19, 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 SS 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICrG WELI<ER (AZ-00-006) 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 12.73 acres in size and is located at the northeast corner of W. Pine Street and S. Ten Mile Road. The property is designated as Valeri Heights Subdivision. 5. The owner of record of the subject property is David and Shirley Fuller, of Meridian, Idaho. 6. Applicant is Gold River Companies, Inc. of Meridian, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional, and consists of undeveloped land. 8. The Applicant requests the property be zoned as Limited Office (L-O) and High Density Residential (R-15). 9. The subject property is bordered to the eas}- wes} and south by Ada ~ County and city limits of the City of Meridian are adjacent and abut to the north of the subject property. 10. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVlCI<I WELlCER (AZ-OO-006 ) of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following 61~~J manner: multi-family townhoust!'nd office complex. A 13. The Applicant requests zoning of the subject real property as L-O and R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The Meridian City Council recognizes and takes notice of the concerns tIC I} .p-cr>~s k>./fAr iWj ^,- </1 [61 l~ n ~ f&z .,ovh I Ie ~''^1 S of R er, rma t Gnson, aura 1 uRosa and Brian tephanie Nelson, Margie Schroeder, Pearson, Steve and Debbie Shurte, Bre Gary Belcher, Heath y homas, Rick Lambert, Chris Vallee, Steve Bravo, Steve r, along with several letters and Petitions in opposition to the development and which are filed with the Clerk's office. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELICER (AZ-OO-006 ) 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 Planning and Zoning and Engineering staff as follows: 16.1 Any existing domestic wells and/or septic systems within this project . shall be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 16.2 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 Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, any height limitations, right-of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Through a development agreement, restrictions shall also be placed on the use of the proposed L-O property to prevent future application for a convenience store or other strictly commercial uses that are allowed i~ the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. Ad April 3, 2000, ents of Ada County Highway District from their letter dated 16.4 ed a 16 increase in traffic over their 8/26/97 count, the count on Ten Mile Road at Pine Street is 8,555 vpd, which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELICER (AZ-OO-006 ) was done on 11/23/99. ACHD's estimated . e Street traffic count is about 2,600 vpd. 16.5 ACHD also noted the ca · y of Ten Mile Road is approximately 14,500 vpd and the acity of Pine Street is about 8500 vpd. 16.6 ACHD ad · Ionally noted that at Ten Mile/Pine intersection it may be time Install turn lanes, an all-way stop, or both. and ~l(ir1ition;:)l1y Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 16. ~ The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functionalt streets, the Commission may be willing to provide the signal hardware if the developer pays for the- design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 16' Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" . STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15,2000, as follows: 16.Y All requirements within the Site Specific Requirements and Standard Requirements shall also be met. Adopt the Comments of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELI<ER (AZ-OO-006 ) Y- 16.10 Development of a transportation management plan in ccordination with I ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peale hour traffic, and also provide short and long term scenarios for trip reduction goals. 16.tlr IIi. addition to the ACHD requirements, cross walks shall be placed at 't) both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). Adopt the action of the City Council from their September 19,2000, meeting as follows: 16.4 The property shall be subject to de-annexation to the previous RT zone I if the property is not developed as agreed and assured y.~n. by the developer. tl 55 v ~ 17. It'is found that if the developer pays for the requested improvements. and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintaine'd in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIera WELlCER (AZ-00-006 ) proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smol<e, fumes, glare and odors. 19. It is found that the zoning of the subject real property as (R-15) Medium High Density Residential District and (L-O) Limited Office permits the establishment of single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre in the R-15, and the L-O permits the. establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses, and 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 Mixed Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER (AZ-OO-006 ) 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 subdivisions 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 Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER (AZ-OO-006 ) 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 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELI<ER (AZ-OO-006) the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Medium High Density Residential District, (R- 15) and Limited Office are defined in the Zoning Ordinance at 11-7-2 E and 11-7-2 G as follows: (R-15) Medium High Density Residential District: The purpose of the R- 15 District is to permit the establishment of medium-high density single- family attached and multi-family dwellings at a density not exceeding fifteen ( 15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER (AZ-OO-006 ) the City. The predominate housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. and (L-O) Limited Office District: The purpose of the L-O District is to pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a multi- ay~f./ . famil'l1townhouse and office complex as permitted in the R-15 and L-O zones and compatible with the City's Comprehensive Plan and Zoning Ordinances on any legal lot within this parcel of land. 7 . Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4;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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELI<ER (AZ-OO-006 ) which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecordeq.; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIela WELI<ER (AZ-OO-006 ) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 12.73 acres to Medium High Density Residential District (R-15) and Limited Office District (L-O) are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12. 73 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which provides in the event the conditions therein are not met by the Applicant that the property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: 3.1 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic selVice per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VICICI WELI<ER (AZ-OO-006 ) 3.2 3.3 3.4 3.5 3.6 3.~ irrigation. 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 Works Department. No variances have been requested for tiling of any ditches crossing this project. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, any height limitations, right-of-way dedication prior to submitting for building pennits, signage, bike lanes, etc. Through a development agreement, restrictions shall also be placed on the use of the proposed L-O property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. ACHD noted a 41 % increase in traffi er their 8/26/97 count, the most recent count on Ten Mi oad at Pine Street is 8,555 vpd, which was done on 11/23/99 HD's estimated Pine Street traffic count is about 2,600 "R ACHD also noted the capacit en Mile Road is approximately 14,500 vpd and the ca Ity of Pine Stree. out 8500 vpd. ACHD additionally note at at Ten Mile/Pine intersection it may be time to install tur es, an all-way stop, or both. The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is'constructed in accordance with standards. (Because of the location, being the intersection of two functionally streets, the Commission may be willing to provide the signal hardware if the developer pays for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VICIa WELI<ER (AZ-00-006 ) 3~ 3.ft 3.1 3.1\ 3.q design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 'e fd- { IjtJ r '" taIL ? , Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36ft by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. Developer shall met all requirements within the Site Specific Requirements and Standard Requirements of the ACHD's letter of August 15, 2000. Development of a transportation management plan in ccordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). The property shall be subject to de-annexation to the previous RT zone if the property is not developed as agreed and assured upon the- by developer. 'f- 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-15) Medium High Density Residential District and (L-O) Limited Office District, Meridian City Code 9 11-7-2 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXArION AND ZONING/BY VIeIa WELI<ER (AZ-OO-006 ) E and 11-7-2 G. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or. denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER (AZ-00-006 ) COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and the City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian I 5360M\Valeri Heights AZ\AZFfClsOrclerTwo FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVICIG WELI<ER (AZ-OO-006 )