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Home My WebLink About2000 11-08 Meridian City Pre-Council Agenda November 8, 2000, at 6:30 P.M. City Council Chambers Roll-Call: Tammy deWeerd Ron Anderson Mayor Robert Corrie Cherie McCandless Keith Bird 1. Discussion by Sandy Malaise regarding the Idaho Power Substation at Locust Grove and Victory Road: (- Meridian City Council Special MeetinQ November 8. 2000 The City Council Special Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 5:45 on Wednesday, November 8, 2000. Members Present: Robert Corrie, Cherie McCandless, Tammy de Weerd, Keith Bird, Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Pauline Skeggs, Janice Smith, Will Berg. Corrie: The time is quarter 'til six. I will open the Special Meeting of the Meridian City Council on Wednesday, November 8, 2000 to hold an Executive Session. Let the record show that all Co~ncil people and attorneys are here. Hearing that, I'll entertain a motion to go into Executive Session. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we go into an Executive Session according to Idaho State Code 67-2345 (8). Anderson: 1'(1 second that. Corrie: Motion m"ade and seconded to go into Executive Session. Any further discussion? All those in favor, say aye. MOTION CARRIED: ALL AYES. Corrie: I apologize to the audience. I hope you can hear me. Council, I'll entertain a motion to come out of Executive Session at this time. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to come out of the Executive Session. All those in favor of the motion, say aye. MOTION CARRIED: ALL AYES. Corrie: Let the record show that no decisions were made in the Executive Session. At this point, I'll take a motion to adjourn the Special Meeting for the Executive Session. ( Meridian City Council Special NH.:.,......log November 81 2000 Page 2 Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to adjourn the Special Meeting for the Executive Session. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: \ , , \"\'11 H II J Jill .. ,\\\\ c: M,~ .. '"/1/ ~'-"':~I o~ 'cR:J'.~"'\, //// "a' Jt ~ 4:.{':" /,.. ~'~, ~OQA t1l ~ l (J ~o. 'Vf)-~() \~ if f(~ n f 3TIAL t-ff~~ ~ l 7~ (b& j WILLIAM G. BERG, JR., ITf"CLERK ~ \, Q~ ,. "0 .;..~ ~ "'6',0::/ 1Si -J. ,~/... "/", .,,/ i . ,,<, ~ ,....: ". ~ C' \'\.11 " '''//. OU~r"'r,", t \' I, ~ I .' t, t. ~ ,\' \' l/Jii':L..:; ~Il,.'~',\'\ Meridian City Pre-Council Meetina November 8. 2000 The Meridian City Pre-Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:15 p.m. on Wednesday, November 8,2000. Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless, Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Ken Bowers, Bill Musser, Janice Smith, Tom Kuntz, Steve Siddoway, Will Berg Corrie: Okay, I'll open the Meridian City Pre-Council meeting at 7:15 p.m., and, Mr. Clerk, would you read the roll, please. On the Agenda - one of the agendas of the Pre-Council Meeting was the discussion regarding the Idaho Power Substation - South Locust Grove Road and Victory Road. That will not be done. The Ada County Planning has told them that they can't have it, so it's not - it's a moot point at this point at this point right now. Council, at this point we will go over the Agenda and anything that you want to discuss with staff. Bird: Mr. Mayor. Corrie: Mr. Bird. Item G. 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: Bird: I'll ask some questions, then somebody else can jump in. The Touchstone Living still needs to be tabled? Nichols: Councilman Bird, Mayor, members of the Council. We're still waiting on some material from the attorney for the developer on that, so that should be tabled. They don't seem to be in a hurry. We could table this to mid-December. Item H. Item I. 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 I Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Tabled from October 17, 2000: Conclusions of Law for Approval: Findings of Facts and PP 00-005 Request for ( { Meridian City Pre-Council Meeui l~ November 8,2000 Page 2 Item J. Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 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-O and R-15 zones by Vicki Welker / Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Bird: Until the 19th? Okay. Also, Mr. Mayor, I think that H, I and J, with the Council's approval and your approval, I think we need to take that to the Regular Agenda for discussion. Item R. Architect Service Contract for Police Station with Lombard Conrad Arch itects: Bird: And also, Item R, the service contract for the Police Station with Lombard Conrad, I'd like to move that to the Regular Agenda so the attorney can do some stuff. Under Department Reports, with your permission, I would like to add discussion with Cherry Lane Golf Course Club House, if that is satisfactory with yourself and the Council. With that, I'll shut up. Corrie: Okay. Item 2. Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I believe on Item No.2, on the Re~ular Agenda, Steve Siddoway asked for that to be continued until November 21s . Stiles: He would like to make a couple of comments about that, though. Bird: So we let it go through, and then he'll comment and then we can table it. Okay. Item 3. Continued Public Hearing from October 3, 2000: PP 00~014 Request for Preliminary Plat approval of 5 building lots and 1 other ('<- Meridian City Pre-Council MeeUr ~~ November 8, 2000 Page 3 lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and SW 5th Street: Bird: Is Waltman ready to go now? 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: Stiles: As far as No.1, staff would request that that be tabled to November 21 st. We haven't received a response to our comments. Anderson: Which one? McCandless: No.1. Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: I think we need to discuss on that even before we table it, though. We've got some major problems out there which Gary can - Corrie: Is this No.1? Bird: Yes, Packard. We have got to come up with a solution to make them live to the conditions of that agreement. Stiles: We've discussed that with Bill Nichols today, so he's up on it. Bird: Mr. Nichols can give us an idea. Okay. In other words, after we do that discussion, you want to table it until two weeks. Stiles: Yes, please. Bird: Until the 21st. 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: Bird: Is Item No.3 - everything ready to go on that or- ( Meridian City Pre-Council Meeb, I~ November 8J 2000 Page 4 c Stiles: We still have some - the plat doesn't show an easement for Ten Mile Creek. They have received a verbal indication of what that easement is. Tom and I met out at the site and we have some suggestions that apparently have been approved by the owner. We could address those as part of the Continued Public Hearing. Bird: Mr. Mayor. Shari, Gary - everything else on the Agenda - everything is up to snuff and ready to go? Stiles: Yas. Corrie: Any other changes? Gary. Smith: Mr. Mayor, did you want to go through the Department Reports at this time? Item 8. Department Reports A. City Treasurer - Janice Smith 1. Treasurer's Report Corrie: We might be able to get through with one of them and the Treasurer Report. Janice. Smith: Thank you, Mayor and Council members. The Treasurer Report will be for the ending September 30th going over th.e expenditure reports in your investments. I'm not sure if you have those with you, but 1'(1 just do a quick summary of - on your investment report in cash summary, we had made some notes. We had made the budget amendment on the general and on the Building Department Fund. Your expenditure report is not final. We are making our closing entries. There will not be a final expenditure report until the audit is finished and that will be in December. We project December 15th for our side and then maybe one more week for the auditors to finish up. The expenditure of the report that we had given you for September does not have those closing entries. We do have some money in our checking account we would like to move. I was going to get with our Investment Committee on Friday. Then, I just realized today that it's a legal holiday, so I try to get a hold of everybody and have a meeting tomorrow. We would like to move 1.3 million of our construction fund checking account into the investment account with Buffington Moore. We'd be receiving more interest on that. Then, we would also like to move 2 million from the enterprise checking account into the Buffington Moore, also, because the enterprise, which is the water and sewer, will not have any projects until June because of the weather. Then we will make sure they will put it into some funds that we could pull it out in June and not have any fees if we pulled it out early. ( Meridian City Pre-Council Meetill~ November 8, 2000 Page 5 (-' We do have - I think we had some Park Impact Fees, but I have to review that and I'll have that together for the Investment Committee tomorrow. That's just a quick overview on our cash. We just need to move some money from the checking account into the investments to get better interest rates. We won't be receiving any big money from the property taxes or revenue until the early part of the year 2001 - the first part of that, so we'll have to leave enough in there to operate on. If you do have your Expenditure Report - I hope I'm not going to fast. If I am, tell me to slow down. If you have your Expenditure Report that is the landscape - this is a quick overview without our closing entries. The general fund has brought in 9.8 million dollars in revenue and has spent at this time 9.2, but that does not include any closing entries, which is your accrued vacation or some bills still outstanding or contracts still payable. We do project to be able to pull out $400,000 after this from the Capitol Improvement Fund - that is our Building Department Planning and Zoning Fund. We would be pulling that out of there per Ordinance No. 140 - to go into our capitol improvements for future parks or whatever the Council deems a capitol project. I will also put together a short calendar, because we are really busy in the Accounting Department doing our closing entries. Sometimes, I'm telling you what we we're doing and maybe I will give you a calendar by tomorrow. We're doing our closing entries right now and next week, there will be an auditor coming out to review some of our closing entries. We'll also be reviewing all of the investment accounts and all of the water and sewer bonds. Sometimes we don't get the information from the banks as timely as we'd like. I have sent out confirmation letters to all of the banks, and State Liquor and State Revenue of Property Tax. We are just waiting to receive those back so the auditors can start the work in December. The audit - the actual audit is set for December 4th through the 15th. The Audit Firm will be out then. They'll be sending two auditors out and they'll be here for two weeks and they have set - the set date is the 15th to finish up. If we're lucky, we'll get it before then. December 20th is when I will start - if I haven't heard from the Audit Firm, I'll be calling them and finding out what the status of the Audit Rough Draft - there's always a rough draft so that we can review it and see if we find any corrections that need to be made. That's pretty much the schedule in our Accounting Department on where we stand on investments, checking, cash and bank and we're really busy. If you have any requests that you would like, we'll be happy to get those for you. Bird: Thank you, Janice. Corrie: Any questions. Bird: I have none. Corrie: We'll meet probably tomorrow, then. Smith: If you're feeling okay. Corrie: I will. Thank you. f \ Meridian City Pre-Council Meeti:-;~ November 8J 2000 Page 6 Smith: Thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: May we take a five-minute recess before we open our regular one? Corrie: Yes. Bird: I move that we close our Pre-Council Meeting. Anderson: Second. Corrie: Motion made and seconded to close the Pre-Council Meeting. All those in favor, say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:28 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: RT D. CORRIE, MAYOR :\\' \'\,\ B-1 rn l/Jt,., \\.\ ".....t: M~ J~I ,,\ "'" .V' c::.fT!^ 11/- ",",.~ iTV~ ~~ ~ V. cJ'S'OnA ~ ~ ~ "..a ~~~ ~ 2 ~- (:) ~ 2 ~ ~~.: n ~ ^L .... ..~ O.:il:t :: ~ y~ . & f .; "l "~~~ Q) .,., ~ 7/\ "~('~"i .." '\ D $" ...../ v" '" ,;:.J 15 , "I ~~ ",...... /". ,..tf" .n. ~ .;} .. .//-:,.... CbUt..{'f'l . \v\\\',.... 11I1 . \ \' \ 11iin7 tttn\\ Meridian City Council Agenda November 8,2000, at 7:30 P.M. City Council Chambers Roll-Call: X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie CONSENT AGENDA A. Approve minutes of September 13, 2000, Special City Council Meeting: Approve B. Approve minutes of September 19, 2000, City Council Meeting: Approve c. Approve minutes of October 3, 2000, Special Pre-Council Meeting: Approve D. Approve minutes of October 3, 2000, City Council Meeting: Approve E. Approve minutes of October 17,2000, Special Pre-C~uncil Meeting: Approve F. Approve minutes of October 17, 2000, City Council Meeting: Approve G. 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 until December 19, 2000 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-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: Approve as amended fv1eridian City Council Agenda -November 8, 2000 Page 1 All materiaJs presented at pubUc meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. -.:~ .r - ( I. 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-O and R-15 zones by Vicki Welker I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Approve as amended J. 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 I Gold River Companies, Inc. - northeast corner of Pine Avenue and Ten Mile Road: Approve as amended K. 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: Approve L. 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: Approve M. 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: Approve N. 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: Approve - Resolution No. 344 o. Ashford Greens No.4 Streetlight Agreement: Approve P. Approve Bills: Approve Meridian City Council Agenda -November 8, 2000 Page 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Q. Meridian Ten Mile Fire Station Contract Materials Testing and Inspection Contract: Approve R. Architect Service Contract for Police Station with Lombard Conrad Architects: Approve REGULAR AGENDA 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: Tabled to November 21, 2000 2. Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: 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: 4. Public Hearing: RZ 00-004 Request for rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: 5. CUP 00-046: Request for a Conditional Use Permit to construct a licensed childcare facility for 48 children in an I-L zone and a proposed L-Q zone for Healthy Beginnings Dayc8re by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: 6. CUP 00-047: Request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishel - west of Meridian Road on Franklin Road: 7. Time Extension: Request for a one-year time extension on the Preliminary I Final Plat for The Lakes at Cherry Lane No.9 Subdivision by Briggs Engineering, Inc., due to design problems causing a delay in construction and recordation of Final Plat: 8. Department Reports Meridian City Council Agenda -November 8, 2000 Page 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ,,/ I A. City Treasurer - Janice Smith: 1. Treasurer's Report: B. Public Works Director - Gary Smith: 1. Engineering Agreement for Design of a Laboratory Building for the WWTP: 2. Engineering Agreement for Re-coating of the Elevated Water Storage Tank: 3. Engineering Agreement for Design of Pump and Pumphouse for Well No. 21: c. Parks and Recreation Director - Tom Kuntz: 1. Change Order for Generations Plaza: 2. Master Pathway Agreement with Nampa Meridian: 3. Generations Building property-line Discussion: D. Fire Chief - Chief Bowers: 1. Ten Mile Fire Station Owner/Contractor Agreement 2. Memorandum of Understanding 10. Ordinance No. : 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: Meridian City Council Agenda -November 8, 2000 Page 4 All materials presented at public meetings shall become property of the City of Meridian. -Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. -fI: /- H. Meridian City Council Agenda November 8, 2000, at 7:30 P.M. Roll-Call: City Council Chambers X Tammy deWeerd X Cherie McCandless ~Ron Anderson ~Keith Bird )( Mayor Robert Corrie ( CONSENT AGENDA A. Approve minutes of September 13, 2000, Special City Council Meeting: tl/nrov~ Approve minutes of September 19,2000, City Council Meeting: Approve ~~ October 3, 2000, Special Pre-Council Meeting: aJ?~v.e- Approve minutes of October 3, 2000, City Council Meeting: ClfffOV-€- Approve minutes of October 17,2000, Special Pre-Council Meeting: t.f/~v .e. Approve minutes of October 17,2000, City Council Meeting: afl!!~v~ 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: -t-a6/iz VVh-vl /2 ~/q- tJO 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 I Gold River Companies, Inc., for proposed Valeri Heights Subdivision - northeast corner of Pine Avenue and Ten Mile Road: a /~I/l(! 6lF &{ ~ tL :3--1 B. C. D. E. F. G. Meridian City Council Agenda -November 8, 2000 Page 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. tI- ( - I. It I -- J. K. 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: tZf?prtove dJ ~~eJ0 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: /i.jJpY?:J VIe as aj~tLtL- Findings of Facts and Conclusions of Law: V AC 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: affY!Jve- Findings of Facts and Conclusions of Law: V AR 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: crpf>/~\> vr~ 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: tlr-ff!V.V.R- 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: appYlflV-L /6lfr~-~'6~p:?zf4- 345 Ashford Greens No.4 Streetlight Agreement: tv1!.pYPR Approve Bills: ~ Meridian Ten Mile Fire Station Contract Materials Testing and Inspection Contract: ~v-<-- L. M. N. o. P. Q. Meridian City Council Agenda -November 8, 2000 Page 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommcxfation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11- ( - R. Architect Service Contract for Police Station with Lombard Conrad Architects: ,(t-/I'rOV<e..- Itf a-j?..&~t:6 REGULAR AGENDA 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: laole ~I 1/-2/-VlO Continued Public Hearing from September 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: -/ruJev /X-,VI- &:,.h.ff/~ c~ /I-ZI--t/() 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: tfC-;--~J Iv ftl4J ~ .;:/ ~.( c 1.1- Public Hearing: 'RZ 00-004 Request for rezone of .55 acres from I-L to L-Q for a proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: a-l~;J -fr ~p~ -/I-? t c/~ CUP 00-046: Request for a Conditional Use Permit to construct a licensed childcare facility for 48 children in an I-L zone and a proposed L-O zone for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: af'~ fo jJl-(,p~~ .~/F~ c/~ CUP 00-047: Request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishel - west of Meridian Road on Franklin Road: ~-I~ /-0 ~;ON...e.//~'; c/~ Time Extension: Request for a one-year time extension on the Preliminary I Final Plat for The Lakes at Cherry Lane No.9 Subdivision by Briggs Engineering, Inc., due to design problems causing a delay in construction and recordation of Final Plat: tJ/tJ1Y&f/1L, Department Reports 2. 3. 4. 5. 6. 7. 8. A. City Treasurer - Janice Smith: 1. Treasurer's Report: ~)~.ec!- .-6'k-- Meridian City Council Agenda -November 8, 2000 Page 3 All materials presented at public meetings shafl become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. / ( B. Public Works Director - Gary Smith: c. Engineering Agreement for Design of a Laboratory Building for the WWTP: ~VZZ- Engineering Agreement for Re-coating of the Elevated Water Storage Tank: Enginee~~ment for Design of Pump and Pumphouse for Well No. 21: ~f:YI:()VtJl-- Parks and Recreation Director - Tom Kuntz: 1. 2. 3. 1. Change Order for Generations Plaza: ~fpr-o VtJL- Master Pathway Agreement with Nampa Meridian: Generati~~9 property-line Discussion: 2. 3. D. Fire Chief - Chief Bowers: 10. 1. Ten Mile Fire Station Owner/Contractor Agreement a ;.-~~~. 2. Memorandum of Understanding Ordinance No. ;95 v;-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: ll. ") ihr'-u:.-~~ w;r~ ~;I/^<-??- C:~fJ~11' :!)" II ?J~!J' ~ e /'-f/L1...J L~ G~+ G.nnf-l!-- - cUJ-cu.rr/u")J Ifn lius-..d.rcap~ ; J'SuL Meridian City Council Agenda -November 8, 2000 Page 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4 1- H. ( . - Meridian City Council Agenda November 8, 2000, at 7:30 P.M. Roll-Call: City Council Chambers X Tammy deWeerd j( Cherie McCandless ~Ron Anderson =X=Keith Bird )( Mayor Robert Corrie ( CONSENT AGENDA A. Approve minutes of September 13, 2000, Special City Council Meeting: t:?p n>v~ Approve minutes of September 19, 2000, City Council Meeting: Approve ~~ October 3, 2000, Special Pre-Council Meeting: ujl?fJY"VIl- Approve minutes of October 3, 2000, City Council Meeting: a?f!Y">v~ Approve minutes of October 17, 2000, Special Pre-Council Meeting: t!1P'o v.e,. Approve minutes of October 17, 2000, City Council Meeting: t{;f?t!~ v-e-, 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. Luke1s between Franklin Road and Interstate 84: -Izle/e ~( /2-10/-00 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: a~v'zt tl.J~4~d- :J~I B. c. D. E. F. G. Meridian City Council Agenda -November 8, 2000 Page 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City ClerI<s Office at 888-4433 at least 48 hours prior to the public meeting. 11-1-1. It I -- J. ,/ ( K. 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: " t2//'f/YlYV€. tlJ a~~d.ep0 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: 4-;Pf1Yl:J ~ a-s a~ucL-- Findings of Facts and Conclusions of Law: VAC 00-008 Request for vacation of the easement common to Jots 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: afpnve- 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: e1jJfJ/~)V~ 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: t&~V.R- 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: apfrl9V-L /ek:Sd4>~p;:J# Ashford Greens No.4 Streetlight Agreement: tvf JlYP v-e. Approve Bills: ~~ Meridian Ten Mile Fire Station Contract Materials Testing and Inspection Contract: ~v..c....- L. M. N. o. P. Q. Meridian City Council Agenda -November 8, 2000 Page 2 All materials presented at public meetings shaH become property of the City of Meridian. Anyone desiring accommcdation for disabilities related to documents and/or hearings, please contact the City CIer1(s Office at 888-4433 at least 48 hours prior to the public meeting. #(-R. ;('- .--' \ .". ~:: -.1-"...... ~ ( Architect Service Contract for Police Station with Lombard Conrad Architects: ?lfJ/r()1I'-e.- df ?V~c6 REGULAR AGENDA 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: /a~/e ~<2, 1/-2/-co Continued Public Hearing from Septembe~ 13, 2000: Proposed changes to the Landscape Ordinance by the City of Meridian: ~j eo jx;.,vr C?1nv-fl~ c0VtrZ 1!--Z/--tJ() 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: tf(-r~J 1v;Jr.qJ~ ,elf-I el-L Public Hearing: RZ 00-004 Request for rezone of .55 acres from I-L to L-Q for a proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: a-/~:J .,4:? ~p~ -/I.,c I c/~ CUP 00-046: Request for a Conditional Use Permit to construct a licensed childcare facility for 48 children in an I-L zone and a proposed L-Q zone for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: a-;-~1 f-o f!~P~''-'!- ..,c IE -I c ( .f.. CUP 00-047:. Request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishe~ ..- west of Meridian Road on Franklin Road: tfl-l~ h ~fiN--e .;:/1 f C I~ Time Extension: Request for a one-year time extension on the Preliminary I Final Plat for The Lakes at Cherry Lane No. 9 Subdivision by Briggs Engineering, Inc., due to design problems causing a delay in construction and recordation of Final Plat: ~~(/'0 Department Reports 2. 3. 4. 5. 6. 7. 8. A. City Treasurer - Janice Smith: 1. Treasurer's Report: preJervt.e cL --6'k-- Meridian City Council Agenda -November 8, 2000 Page 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommooation for disabilities related to documents and/or hearings, please contact the City CleJi(s Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Works Director - Gary Smith: 1. Engineering Agreement for Design of a Laboratory Building for the WWTP: vtj?~ vw?- 2. Engineering Agreement for Re-coating of the Elevated Water Storage Tank: ~j7PYY1 V1-<- 3. Engineering Agreement for Design of Pump and Pumphouse for Well No. 21: a~(7~ Parks and Recreation Director - Tom Kuntz: c. 1. Change Order for Generations Plaza: af)7Y'tlVUL-- Master Pathway Agreement with Nampa Meridian: Generati~~g property-line Discussion: 2. 3. D. Fire Chief - Chief Bowers: 10. 1. Ten Mile Fire Station Owner/Contractor Agreement c' r~"--<"-' 2. Memorandum of Understanding Ordinance No. ;115 v~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: --) ,'h-r~";' w; r-0 e-;'~~ C:r"....IA-I~.f-{ :J. '" ?J~'l' ~ {{. c I~J L~ Goi-l C.n-n.r~ - ~J-ct<...f.J/~ tn'l I~d.rca~,i!.. ; J.J.:.<L rv1eridian City Council Agenda -November 8, 2000 Page 4 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetina 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: I'll open the Meridian City Council Meeting at 7:38 on November 8, 2000, and at this time, I'll have the City Clerk do roll-cal. Item A. Item B. Item C. Item D. Item E. Item F. Item G. Item H. Item I. 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 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 / \ ( Meridian City Council Meeting' November 8, 2000 Page 2 Item J. Item K. Item L. Item M. Item N. Item ,0. Item P. Item Q. with 10 building lots and 2 other lots on 12.73 acres in proposed L- a 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-O 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: V AC 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: V AR 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: Approve Bills: Meridian Ten Mile Fire Station Contract Materials Testing and Inspection Contract: t Meridian City Council Meeting . November 8,2000 Page 3 ( Item R. Architect Service Contract for Police Station with Lombard Conrad Architects: Council, you have the Consent Agenda in front of you. What is your pleasure on that? Bird: Mr. Mayor. Corrie: Mr. Bird. 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 r-> ( Meridian City Council Meeting. November 8,2000 Page 4 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 issues 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 st, 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. ( Meridian City Council Meeting " November 8. 2000 Page 5 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. ( Meridian City Council Meeting November 8,2000 Page 6 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. ( Meridian City Council Meeting . November 8, 2000 Page 7 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- a 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 ( Meridian City Council Meeting November 8,2000 Page 8 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 reworded 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. ( Meridian City Council Meeting November 8, 2000 Page 9 ( 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 no 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. Stiles' 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 didn't 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. ( Meridian City Council Meeting - November 8,2000 Page 10 ( Corrie: Mrs. De Weerd. De Weerd: 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 Homeowners 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 (~ \ Meridian City Council Meeting November 8, 2000 Page 11 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 Plat 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 "if ACHD approves" - to amend 2.49 to read "make 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 further discussion? Hearing none. Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Anderson, aye; McCandless, naye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAYE. { r ( ( Meridian City Council Meeting November 8,2000 Page 12 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-O 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: All right. Next will be 1 J. 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 ( Meridian City Council MeeUng November 8, 2000 Page 13 ( 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. Mine 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 that time because I questioned if one building going down was a full eight apartments - one story going off - and he assured us that that was eight. ( Meridian City Council Meeting , November 8,2000 Page 14 ( The motion was 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: I 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, campers 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. ( Meridian City Council Meeting November 8, 2000 Page 15 *** 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. ( Meridian City Council Meeting , November 8, 2000 Page 16 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-O 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 improvements have to be made prior to any structural building permits, bonding is not 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, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 1 R. Architect Service Contract for Police Station with Lombard Conrad Arch itects ('"- Meridian City Council Meeting' November 81 2000 Page 17 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 building, 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 have, 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. I n 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 { Meridian City Council Meeting , November 8,2000 Page 18 Packard Estates Development for proposed Packard Acres Subdivision No. 2 - south of Ustick between Locust Grove and Vintage Lane: Corrie: Now 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 ownership on their plat goes to the middle of that road. I guess my question would 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 roadbed, because it's not built within the 15-foot easement, then I think that's something that the easement holders have against 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 Meridian City Council Meeting November 8,2000 Page 19 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 consensus 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 think 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 give to these people. I realize these people aren't in the City limits. I don't know the legality of th~ 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. Corrie: Thank 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 ( Meridian City Council Meeting "' November 8, 2000 Page 20 ( \ 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 going to be disturbed with excavation to install those sand and grease traps by the 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. Vern 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 pull off if there is an oncoming vehicle. But, you could rest assured that if somebody encountered a BFI 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 easement 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 staffs review comments on this Final Plat, is a bit of a conflict with the Highway District's ( Meridian City Council Meeting November 8,2000 Page 21 ( 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 comments 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 haven'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 21st. 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. 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. ( Meridian City Council Meeting . November 81 2000 Page 22 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 reconvened 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 prevent 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 anyone is here to testify and answer any questions. I'd love to have some feedback. ( Meridian City Council Meeting November 8, 2000 Page 23 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 on that next - on the 21 st, 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 have the member of the Parks and Recreation here? 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 th.e 21 st 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: Meridian City Council Meeting -I November 8, 2000 Page 24 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 staff's 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 along 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 creek 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 existing 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, the property line is shown here. They are also proposing a sewer easement, because apparently they can't serve this property with the sewer that would be coming down from Troutner Business Park. So, Tom and I did go out to the site. We would still like the applicant to consider the common lot concept so if in the event this continues through - through what would be the Landing Subdivision further to the west here -- On the south side of Ten. Mile Creek, once you get to the Landing Subdivision, there's pretty much a clear shot all the way to Linder Road. What we were proposing is that a minimum 10-foot wide pathway be provided along this area. This would be a future bridge that Ada County Highway District has actually agreed in writing that they would participate in paying for the crossing of that bridge - that they will pay a portion of that. What we would propose is that the pathway be constructed along these two lots until you get to the bridge. Then the bridge would have a sidewalk crossing as part of the bridge. At that point, the pathway could continue on the south side of Ten Mile Creek. The revised plat we got from the applicant's engineer does not show the common lot or an easement for the Ten Mile Drain. I did speak with the applicant's engineer today and they've indicated that the easement is 50 feet from the center of the drain each way. Mr. Hickey is here tonight. Hopefully, he can address this issue. I didn't see any remaining items, unless he can think of something else. Their concern, mainly was the driveway here and with the pathway and the driveway be able to both be accommodated and maybe somehow share that. I think that's something that as they get into the final design for the Final Plat, we'll have to look more closely at, and maybe see some of the pins out in the field when they go to stake those lots. With the provision of the bike path as a detailed, I would ( Meridian City Council Meeting 1 November 8, 2000 Page 25 ask that the Preliminary Plat be approved with that condition and see if Mr. Hickey has any comments to make on that. Corrie: This is a continued public hearing. Hickey: Good evening, Mayor and City Council. I'm Tony Hickey, 2090 South Cole Road in Boise. I represent John and Sandy Goade. In talking with J.J. Howard Engineers, we have determined that from the existing fence over to the property line on lot 3, which is along the Waltman house, and along lot 4, all the way up to where Corporate Drive will come across, John and Sandy Goade would, in fact, create a common lot there from the existing fence over to the property line - whatever that distance is. John Goade and Tom were out looking the property over and as Shari said, the biggest problem we have right now is the first 30 feet, I would guess, or perhaps 40 feet north of Waltman Lane. It's very tight and congested right through there due to the location of the house and the entrance coming in. I don't think there's a problem at all in getting the sanitary sewer there. That will be very simple to do. Our problem would be in guaranteeing it to be a 10-foot wide flat area between the fence and the creek right through there. John and Tom Kuntz were together yesterday, I believe or the day before and feel that whatever issues that need to be resolved can be. It may be a small area of caressing. It is something that can be, in fact, worked out. We're willing to do that and proceed on. I would hope that if you can grant preliminary approval tonight, that by the final approval, we'll have the plat showing the common lot all the way along. We'll have a little more insight into exactly how to do that pathway through there. Primarily, it does make a lot of sense to me to have a pathway right there. It's gorgeous. It's a beautiful location. It can be dangerous along there simply because it is so very close to the water. It's steep going down to the water's level, but that's not my point to make. We will make provisions for a land area there and hopefully be able to work out something with Parks so that we can get a pathway in there that's acceptable. Apparently, the pathway is - the width and everything - there is a certain amount of discretion by the Parks Department and I think we need to have - for 20 or 30 feet in there, we'll have to utilize some of that discretion. Once we get past the house itself - the old Waltman house, them things open up and then there's not any problem at all. If we had to move the fence a couple of feet or whatever, I don't suspect that would be a major issue. The first driveway area right there is going to be very congested. By moving the driveway over to the east side of the house, we've completely destroyed the yard and the whole ambiance of the property, so we're going to have to figure out some way to work within that. The easiest thing to do would be to move the pathway on the south side of the drain all the way along. It wouldn't bother us if we did that, but if it has to stay on the north side on our side, we'll be certainly willing to dedicate that common lot area. John and Tom will be able to work out something, I'm sure - something that will be satisfactory to the City and affordable for the developer. Any questions? Meridian City Council Meeting November 8, 2000 Page 26 ( Corrie: Thank you. Is there anybody else from the public that would like to issue testimony? Yes, sir. Roghani: Good evening, Mayor and Councilmen. My name Fo Roghani. I reside at 2273 Riviera Drive. Corrie: Okay. Would you spell your last name. Roghani: My last name is Roghani - R-Q-G-H-A-N-I. I am one of the partners on the multiple lots at the south side of Waltman. We don't have any opposition to the development. The only thing is considering this idea is all future commercial industrial zoning. I just wanted to make sure the proposed streets are wide enough to handle the future traffic. As you all know, there is now way into or out of Waltman at the present time. We don't have any objections today. We just want to make sure that the roads are adequate to carry all the future traffic considering that eventually, it's going to be a commercial industrial zone. Corrie: Okay. Any questions from the Council? Okay. Thank you. Is there anyone else from the public that would like to issue testimony? Council. Questions, comments or testimony? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: The question that brings up the issue - all around WinCo and Home Depot and all that area, I think we have so much development going on now that I think those roads are too narrow. I guess my question for staff is what is the criteria and at what point do we move to wider road requirements if we know that's all going commercial. Stiles: Mr. Mayor, Council, Councilman Anderson, the Ada County Highway District is only requesting a local street section on Waltman Lane, which is 50 feet wide. Their commercial sections are 58 feet wide. They have not requested, that I am aware of, any additional right-of-way on the Waltman Lane. What will happen - you can tell a little bit better here - when Corporate Drive comes through, and I am told that is going to start happening very soon. Corporate here would be Bolo's. Corporate would come through here. West 5th would connect to Corporate, then Corporate would come down here and they would put in a trust fund - a deposit for half of the cost of the bridge to cross Ten Mile Creek. I don't know what the ultimate configuration is there, but it would connect back with Waltman Lane at some point and it was also expected that there would be an extension connecting into the existing Landing Subdivision at this Dub Street location. That would give them a collector street getting back out either to Franklin Road or through Corporate to Meridian Road. Their expectation is that this is not going to be very functional - r \ Meridian City Council Meeting November 8, 2000 Page 27 ( *** End of Side 2 *** Stiles: -- as these properties come in and request development, they are going to need to widen that portion of Waltman Lane to meet a commercial roadway section width. I also had a comment about Mr. Hickey's statement. I wanted to make sure that we were clear on this. What we were requesting is a ten-foot common lot that would be beyond the existing fence as the majority of that existing fence is nearly at the top of the existing bank. The total width from the property line would be approximately 20 feet. If that's something that can be worked out with the design of the Final Plat, we are agreeable to that, but I just wanted to make sure, because I thought I heard Mr. Hickey say that the 10 feet would be on the south side of that existing fence and that's where the slope starts to go down into the creek. It would be very improbable that a pathway could be provided within that 10 feet. It would need to be north of the existing fence that's out there now. Anderson: Shari, in our Comprehensive Plan, what is this area scheduled to be designated? Stiles: It's just currently shown as a - I believe that one is mixed plan use. It is shown as existing urban. It's shown on our map as being existing urban, but it wasn't in the city at the time this map was done. Anderson: And then, our revised plan - do you know what it's going to be? Stiles: No. It's already zoned. It's annexed and zoned at this time, so it's going to be - I would imagine that all of that freeway frontage that's south of Waltman Lane is going to be some type of commercial or industrial or technological park or whatever. Anderson: It seems logical to me that we ought to be recommending to ACHD that they get 58-foot roads, instead of 50, like they have in residential - if we know that going into this. Stiles: We can certainly ask them for that. I don't think -- in this particular case, I don't think there's enough frontage there that it will make a huge difference. Maybe Mr. Hickey has some other ideas. That would be an additional four feet beyond what they provided. There is in the recommendations that they have a requirement for 29 feet dedication on Waltman Lane, which would be four additional feet. I was going by the comments submitted by the applicant's representative that said ACHD was not requesting any additional right-of-way on Waltman Lane. But they are. They are at least planning for a commercial industrial roadway section there. (- Meridian City Council Meeting November 8,2000 Page 28 Anderson: My other question had to do with the pathway. If the slope of this thing is so steep and if the area up by the old Waltman house is too tight, wouldn't it seem more logical to try to put the pathway on the other side of the Ten Mile when development goes in there? Stiles: It probably would be. One problem that we have is we don't know when that other property is coming in or if it's coming in at any reasonable time frame. It is an existing residential use at this time. When this property was annexed, that was a condition of the annexation. It was included in the Development Agreement and it's kind of like the first one in is the one that gets hit with the requ i rement. Anderson: It seems that as we do these pathway plans, we ought to plan them on one side of the ditch or the other. We don't ever know which side of the ditch is going to develop first. You can't be jumping back and forth across the ditch with your pathway every time a new development comes in. Approach the side of the ditch that seems the most logical for the pathway and then solicit the right- of-ways from those property owners as they develop. Stiles: When the annexation and zoning came in, we didn't have the luxury of seeing a plat or knowing where the property line existed in relation to the creek. We didn't have any idea what the contours were. The developer did agree to having that requirement as part of his annexation and zoning. There is quite a bit of difference between this side and this side. This is quite a bit lower on this side and it is pretty much fully landscaped up to the water's edge as part of that house. It may be that it's not needed in the future, but I'd hate to give up the opportunity of even having one because we failed to require what was agreed to in the Development Agreement. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I, too, agree with Ron. I love the pathways. North, knowing that property a little bit - that north is - or east side of it is pretty steep and way to keep the house, which is a historical house out there - to keep an entry way and stuff, I do not know how you're going to get off of Waltman for about the first - Oh my God. That's 150 - 200 feet with a pathway without somebody going down this or building something over like that. You're going to be back by the garages and stuff before you - back there a little bit before that starts giving you enough room, I believe. The west side or south side - whatever you want to call it - of the ditch is much lower and much flatter. I know this was a Development Agreement and I think once you got past there, you could probably - if the developer gives you that much ground, you probably can be flat. That first 150 or 200 feet is going to be a real challenge to get a pathway. Mr. Kuntz has to. ( \. Meridian City Council Meeting November 8, 2000 Page 29 De Weerd: You mentioned that the property on the other side of the canal is already annexed. No. It's not zoned. This is currently zoned light industrial? L-O? Oh. Are ACHD requirements in an L-O just 50 feet for the roads? Stiles: The Waltman Lane requirement would be a total of 58 feet - 29 feet from the center. As corporate comes in here, it is 70 feet. They show 60 feet on this plat, but the Highway District has requested 70 feet. The plat would need to be revised to reflect the 70 feet and the additional 4 feet on Waltman Lane. It also needs to show the existing easement for Ten Mile Creek. Corrie: Mr. Kuntz. Kuntz: Mayor and Council, just a couple of comments from the Parks Department. One is this is a key piece to connecting Waltman Lane along the Ten Mile drain all the way to Linder Road and possibly Black Cat. It will allow pedestrian and bicycle traffic once the overpass is rebuilt to create bicycle and pedestrian pathways across the freeway to get on Waltman Lane and traverse that pathway. The Parks Department is in agreement that it would be more appropriate on the south side, but in lieu of us not having that opportunity at this point, we'd hate to pass up the opportunity for a dedicated portion of the pathway. The narrowest part, as Council member Bird pointed out, is at Waltman Lane to the barn - if I can see the next photo there. From Waltman Lane, there is the barn there. Back to Waltman Lane, we have 20 to 23 feet. That section - a pathway would be very narrow. The path would have to be 10 feet in that area with not much shoulder to it. The developer has agreed to - once we get to that barn, to let us come out towards the barn and increase our width at that point and then all the way to the back property line. So we think we can come up with a solution to the problem based upon the property that's available for the pathway. Thank you. Corrie: You wanted to add something here and answer a question that they might have raised. Hickey: Hi. I'm Tony Hickey. My comment on the easement to the fence line is the first 100 or 120 feet or whatever right through there. After we get past the house, the barn and the garage that's in there, it widens open enough to where 10 feet isn't going to be a big problem anywhere we go. It's just that first portion coming through. If the Parks Department and the developer can work out some sort of deal where we don't have a lot of riffraff or high walls, or additional safety issues through there, which it appears that we can, there shouldn't be any problem one way or another. That ought to work just fine. J.J. Howard Engineers - Jerry Parker has been in discussion with ACHD on Waltman Lane. I don't believe that there is any problem with it and I'm not even sure that the whole four feet is coming off of our side. I do believe that there's room in there for that four feet. That isn't going to be an issue. That should be very easily resolved. ( Meridian City Council Meeting November 8, 2000 Page 30 Corrie: Thank you, Tony. Any other questions or comments? Hearing none. I'll entertain a motion to close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we close the public hearing on Waltman Court Subdivision - the request for Preliminary Plat. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 3 - Waltman Court Subdivision - request for Preliminary Plat. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any discussion? Bird: I have none. Corrie: 1'(1 entertain a motion then on the request for Preliminary Plat approval. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Preliminary Plat for 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision for John and Sandra Goade - Waltman Lane and South 5th and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order subject to staff comments. Bird: Second. Corrie: Motion made and seconded to approve the Preliminary Plat and have the attorney draw up the proper Decision of Order and include the conditions of the staff. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item 4. Public Hearing: RZ 00-004 Request for rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children ( Meridian City Council Meeting November 8, 2000 Page 31 ( for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: Corrie: The next item is a public hearing - request for rezone of .55 acres from 1- L to L-Q for a proposed licensed daycare center for 48 children by Healthy Beginnings Daycare. At this time, I will open the public hearing and have staff comments first. Stiles: Mr. Mayor and Council, this is for the property located at 737 North Linder Road. There is an existing building there and it's currently zoned light industrial. They would like to get into a daycare center, which is prohibited in the light industrial zone. The Lawrence's are requesting a rezone to L-O. Staff would recommend approval of the rezone to L-O. That's alii have. f - Bird: Any more comments? Stiles: Well, you have the recommendations from the Planning and Zoning Commission and that's all we have. The Condition Use Permit is next. Bird: Any other department comments? Is the applicant here? Lawrence: Hi. I'm Kasha Lawrence, 370 North Linder Road. There currently is a - I guess it was kind of an office building there before. I'm not sure what the previous use was. It's about five years old. In some of the staff comments, I noticed that they had referred to it as - it needed to be constructed. I just kind of wanted to clear that up. It was already there. When I was looking through Planning and Zoning's staff comments, it said "to be constructed." The building is currently there. Bird: Council, any questions for the applicant? Anderson: Mr. President. Bird: Yes, Mr. Anderson. Anderson: I just had a question. Is there some other businesses in this, too? Lawrence: No. It's on a strip. It's the second property over. It's the second property south of Pine on the corner. The property that's right on the corner, I believe is - it looks like a split-level residential. Bird: Is this just behind Midich's old split-level house and there used to be a little garage repair down there? It's a little building. Lawrence: It's a small yellow building. ( Meridian City Council Meeting . November 8,2000 Page 32 ( \ Bird: Okay. Any other questions? De Weerd: Mr. President. Bird: Mrs. De Weerd. De Weerd: (inaudible) Does ACHD comment on these? I don't know if there's any (inaudible) Stiles: We do have some draft comments on it. Lawrence: Yes. We went to a conference with ACHD and when he had voted five years ago, he had given right-of-way and ACHD had not asked for any additional right-of-way, but they are asking for - I guess they put it in trust funds for the sidewalks at the time that they do expand Linder Road. ACHD is asking for that - the money to be put for when they do. The sidewalks aren't there right now and they don't want us to put them in. They want us to put the money up so that when Linder Road is widened, they can utilize that. De Weerd: Do they anticipate this creating more traffic than what is there cu rrently? Lawrence: ACHD considers child care a "on the way." I'm not exactly - the term that they use, but they consider it somebody that's already using that road. Bird: Any other questions? De Weerd: No. Bird: Thank you. Anybody else that would like to testify? Step forward and give your name and address. Carmack: Mr. President and Council members, my name is Becky Carmack. I live at 1705 West Pine, which is on the other side - the third house to the west on Pine. I attended the hearing that was held on September 12th for the Planning and Zoning and some issues that came up then. We just wanted to follow through on - our family is not necessarily opposed to this, but we do have some concerns. Within the last few years, as you probably are aware, a lot of fairly high-density housing has been approved in this area. With the approval of Valeri Heights tonight, it increases the complexity of our traffic problem at the other end of Pine. We see this as potentially increasing that traffic problem. I'm glad that you addressed that somewhat, Mrs. De Weerd. We have four elementary schools within a mile and a half of our home. Meridian High, of course, is just right across the street and Meridian Middle School is just barely over a mile. That means 6,000 children are traveling to and from school within a mile and a half of my home every day. Traffic is, indeed, a problem. For people who are ( Meridian City Council Meeting November 8, 2000 Page 33 ( traveling northbound on Linder who want to cross this road to go into the daycare, I can tell you that traffic now is backed up at crucial hours of the day to the railroad tracks. I would anticipate having parents waiting there to cross. If they are heading northbound, it would not be of benefit in any way to the traffic movement on that road. It will be a problem. We have problems, of course. Before school, there are zero-hour classes and also before the 7:50 class bells ring, that is very difficult and a very congested intersection. My kids have walked through that intersection many times going to school and it is very unsafe increasingly so. We also had a problem at the lunch hour and a problem after school and then again, a problem at the end of the day when we have a conflict between after-school sports getting out and people coming home from work. So there are four periods of the day when traffic is indeed, an issue at that intersection. I certainly would ask you to consider that. I know when this was brought up at the Planning and Zoning Meeting, a comment was, "We've just given up on addressing the traffic problem in Meridian." I would hope that you would not give up, because it is increasing. It affects our quality of life. It affects the safety of our children. I have five children ranging from a Kindergarten student to a 19-year old. We live in the area. We're there all the time and we do have concerns about our own children and friends coming back and forth to our school and the traffic problems there. We're not opposed to the daycare. I think it's an improvement over an industrial zoning. I certainly have no problem with that, but I would ask that you consider that. I know that at the Planning and Zoning Meeting, the issue was also made that this is just a beginning - that the daycare plans are to extend us to include 78 children. Again, that's an issue that I would just ask that you would consider - not just for this development, but for anything else that you do to our area. Please, at least think about that as you're making those decisions. Thank you. Bird: Any questions? Anderson: Just a comment. There are plans from ACHD to improve Linder Road and to put curbs and sidewalks and widen that and I think also a stoplight. I can't remember the exact years of those, but it's sometime within the next few years. I was just reading those plans the other day. We are concerned about that, too. We're not just blindly approving projects with no light at the end of the tunnel. We are pushing constantly to get those road improvements in there. Although they don't come specifically from our budget, we get to recommend ACHD projects and that is a project that we have recommended to them that needs improving. Bird: Anybody else from the public like to testify? Council, do you have any questions before we close the public hearing. De Weerd: Mr. President. Bird: Mrs. De Weerd. ( Meridian City Council Meeting \ November 8, 2000 Page 34 De Weerd: Shari, on the comments from ACHD, that being so close to the intersection, that does back up at that stop sign. Is there any turn lane requirements or is there anything in there that addresses the traffic generated or how to facilitate vehicles turning into that area? Stiles: Just a minute. They haven't asked for any improvements. They do say they have 45 feet of right-of-way and I'm hoping that this site plan reflects that right-of-way already here on this plan and so that landscaping is beyond that right-ot-way. ACHD's report said that this would generate 200 additional trips per day - that there were 20 existing. That's what their draft report said. As tar as - they want money for a sidewalk. It's planned for expansion to a three-lane road in 2005. I don't see anything in the report that asks tor any type of improvement at all. Lawrence: Councilwoman De Weerd, Ada County Highway District - and I think it's in the report and it isn't really going to - it's not something now, but I know that they have left access open on the south side of the property so that - I don't know. I know that our daycare that is down the street, 444 North Linder Road, right across from the tracks - they had us do the same thing - leave an easement open for the property. Eventually, we'll be - yes, right there. We'll be accessing through the other properties, so it will be farther away from the intersection. A little bit lower where those two trees are. Stiles: They have asked for a cross-access easement. It says "a cross-access easement for the parcel to the south to use this parcel for access." I don't know if that's just to get some better circulation or - isn't next year - that's a storage area - Lawrence: Yes, that's where they have the strip. Stiles: -- with all the boats parked out front. I'm not sure what the purpose of that is other than to have some circulation between the two lots. Lawrence: The way I understood it is because our entrance is so close to the intersection that eventually we would have to - our access would be through the south and we would no longer be able to access through that entrance that is there currently. Of course, they didn't give us any timeline. Stiles: The only thing a cross-access agreement would do is give them access through your lot. It wouldn't give you access through their lot. Lawrence: Okay. I didn't understand that. That was done. The previous owner did that. I assumed that's what it was. They addressed that when they also addressed how close our access was to the stop sign. I assume that's why they left that cross-access open. ( Meridian City Council Meeting November 8,2000 Page 35 Bird: Shari, get the site plan up there. Stiles: The elevation of the building? Bird: No, the site. Stiles: This is the site. Bird: This isn't the site. Stiles: Vicinity map. Bird: Is this the complete site? Stiles: It's this little piece right here. Bird: I thought it included some of those down on the other deal. Stiles: This is where the storage units are. This- Bird: You've got a little strip mall right there. Stiles: Yes, right here. Bird: We don't usually do this, but go ahead. Carmack: It came up in the Planning and Zoning. My name is Becky Carmack again. Where she just pointed out for that access to go through, right at the bottom left corner there where the trees are, there's an irrigation access there that accesses us to the whole line of houses on that property. If something were to go in there, that would be very detrimental to all of the pieces of property along there because that is the only irrigation site that we have as a headgate to turn on and off our irrigation. That would be very difficult for us if a road was put through on that side. That would not be good. Anderson: They still have to provide you access to your irrigation water. Carmack: Right. We did talk about that before, but there was nothing mentioned about a road being put from that side of the property in. I am concerned to hear that. That's a surprise to me. Bird: Anybody else like to testify? Council, do you have any more questions? Lawrence: The headgate is located across from where the parking stalls are. It's not right there. Right there, where the two trees are, the irrigation is up farther ( Meridian City Council Meeting '- November 812000 Page 36 right straight across from where the parking stalls are. That's not where they have the cross-access. Even though I'm not sure how far it extends down, but when I went out there and looked at it, there's one in the back which our fence misses, and that I assume that it goes down the side of the property line there. It's the parking lot - if you walk straight over from the parking stalls, you would run into the headgate - which I assume is the headgate. Bird: I think you're right. I think it's right off the road there, isn't it? Okay. Any other questions now? If not, I would entertain a motion to close the public hearing. Anderson: So moved. Bird: Do you have a second? McCandless: Moved and seconded that we close the public hearing on Item No. 4. All in favor say aye. De Weerd: Mr. President. Bird: Yes. De Weerd: Before we vote, I do have an item. Usually, ACHD gives us levels of service in these areas and how those affect those levels of service. This intersection will be similar to that at Ten Mile and Pine with the intersection improvements that were being made up there were actually upgrading that intersection. I don't see that anything here is going to do anything but negatively effect that intersection and make it frustrating for the parents that are trying to get in and out of the daycare. I don't know if this is a really good location in the way that Linder currently is. I don't see Linder being improved for some time, because even if it is slated for 2005, it most likely will be traded off to another hot spot that we need a road improvement more. I would like to continue this until we can get some information from ACHD as far as level of service and how this will impact that service level. Bird: We've got a motion to close the public hearing. Anderson: Mr. President. Bird: Yes, Mr. Anderson. Anderson: Just a comment. We're not traffic engineers. I guess I have to rely on the comments that ACHD provides and if they indicated that this was a problem and that this daycare was significant to impact the traffic on that road that it would warrant some type of a road improvement, I would think that they would comment us in that fashion. I feel like delaying this project based off of ( Meridian City Council Meeting November 8,2000 Page 37 what we're summarizing - that ACHD may say. They have had the opportunity to comment and they didn't say that. We're almost trying to put words in their mouth. My personal feeling is that they would have told us if they felt that this was a problem and we're trying to play traffic engineer here, which I don't feel comfortable doing. Bird: Any other discussion? De Weerd: Mr. President. Bird: Mrs. De Weerd. De Weerd: I don't believe I'm trying to be a traffic engineer. Certainly, I have no interest in being that. The thing is they're inconsistent on their recommendations and providing us that information. All that I'm suggesting is that we delay this so we can have that information in front of us. I haven't even read the report. Have you? Anderson: We just heard what it said from our staff. De Weerd: I'm sorry. You can go ahead and vote on that. I'm just one. Bird: We've got a motion and second to close the public hearing for the Healthy Beginnings Day Care. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE NAYE. Bird: Council, what is your recommendation for the request for rezone? De Weerd: My recommendation would be more information. What's your pleasure, Council? McCandless: Mr. President. Bird: Yes, Mrs. McCandless. McCandless: In the recommendations of City Council, on the Conditional Use, it says - are we working on that yet? Bird: No. We're working on the rezone. McCandless: Okay. Sorry. Anderson: Mr. President. Corrie: Mr. Anderson. ( Meridian City Council Meeting . November, 8, 2000 Page 38 Anderson: I'll make a motion and see where it goes, then. I would make a motion that we approve the request for a rezone of .55 acres from I-L to L-O for proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare for Kasha and Wendell Lawrence. McCandless: Second. Bird: Motion made and seconded to approve the request for rezone of .55 acres from I-L to L-O for the proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare by Kasha and Wendell Lawrence. Discussion. De Weerd: Mr. President. Bird: Mrs. De Weerd. De Weerd: I feel that I just cannot make a decision at this time with the information that we have. Bird: Mr. President, all this is would be for requesting rezones, so this doesn't actually approve the daycare at this point. De Weerd: But we (inaudible) rezoning for a particular business use and that's what I have a problem with. Bird: Anymore discussion? If not, Mr. Clerk. Roll-call: Anderson, aye; McCand'less, aye; De Weerd, naye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Item 5. CUP 00-046: Request for a Conditional Use Permit to construct a licensed childcare facHity for 48 children in an I-L zone and a proposed L-Q zone for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue at 737 North Linder Road: Bird: Item No.5. Request for a Condition Use Permit to construct a licensed childcare facility for 48 children in an I-L zone and a proposed L-O zone for Healthy Beginnings Daycare by Kasha and Wendell Lawrence - Linder Road and Pine Avenue. Staff? Comments. Stiles: Mr. President, Council members. The report from ACHD, just to clarify does show that it's a better than "C" is the existing level of service and with the project built out, it's still better than C. That's what they put in their report. Basically, they're saying the level of service will not change with this project. ( Meridian City Council Meeting . November 8, 2000 Page 39 De Weerd: Thank you for providing that information after the fact. Stiles: We were dealing with the rezone, not the Conditional Use Permit. De Weerd: It still influences the decision. Bird: On with your comments now, Shari. Stiles: They are proposing a facility for up to 48 children, I believe is what the last count was. Brad Hawkins-Clark had prepared a staff report that did some calculations and based on his calculations, he thought that this facility would only support 30 children. Instead of their recommendation, that's the recommendation under - on page 3 under Item 1.11. My recommendation would be that they just - they have to comply with whatever Health and Welfare and the Fire Department Standards indicate is warranted for the facility. They have revised their site plan as shown here to show the additional parking stalls that were needed. We would like to make sure that this is the future or ultimate roadway section here and that landscaping is provided beyond that roadway. We will ask for detailed landscape plans to be submitted and would recommend approval for the daycare with staff conditions. Bird: Any questions, Council? Nichols: President Bird, members of the Council. Shari, did ACHD make any recommendations on this at all? Stiles: I don't believe they ever make any real recommendations. Nichols: They have no site-specific comments? Stiles: They have site-specific requirements in regard to the driveway on Linder Road and paving the driveway at least 30 feet into the site, installing pavement tapers with 15-foot radii abutting the existing roadway edge. There will be a little bit of pavement at the driveway location in addition to what's there now. Nichols: The reason I ask the question - I don't find the ACHD report in either of our files. We usually put those site-specific comments and conditions in the proposed Findings of Fact, Conclusions and the recommendation of City Council does not reflect ACHD comments. If you give me a copy of that, then I can include those, if that's what the ultimate motion is. Stiles: Does no one on Council have these? Do you have them, Will? Bird: Is the applicant here? Would you like to address? ( t ( Meridian City Council Meeting November 8, 2000 Page 40 Lawrence: Kasha Lawrence, Healthy Beginnings Childcare, 370 North Linder Road. The parking lot currently is totally paved. What we are showing to add is the extra stalls which will also be paved there. It's paved all the way out to Linder Road. As far as ACHD's recommendation back on that again, to the best of my recollection was the only thing that they did specify other than it's already there and it's five years ago that he had built this - was the trust money for the sidewalks. Bird: Any questions for Mrs. Lawrence? Thank you. Council, any questions? De Weerd: Mr. President. Bird: Mrs. De Weerd. De Weerd: I guess what still remains is where that shut-off is. Has staff - I see the Police Department made a comment on the water supply. Do you know where the shut-off is? All codes and water supply shall be met. I'm sorry. Have you been out there, Gary? Do you know where that shut-off is? Smith: You're talking about an irrigation control box? No, I don't. Anderson: The code requires that they maintain access for all downstream users. De Weerd: So they'd have to move the box. Anderson: So they can't stop the flow of water to people down south. Bird: Not irrigation water. Nampa/Meridian will make sure of that. I think it's right next to the road, if I remember right. Any other questions? Council, .what's your pleasure? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve the Conditional Use Permit to license a childcare facility for 48 children in an I-L zone and a proposed L-O zone for Healthy Beginnings Daycare for Kasha and Wendell Lawrence and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order and subject to all staff comments and all comments from ACHD. Bird: Do I hear a second? I'll second it, then. The attorney says I can. It's been moved and seconded to approve the request for a Conditional Use Permit to construct licensed childcare facility. Any discussion, Council? Meridian City Council Meeting November 8,2000 Page 41 McCandless: Mr. President. Bird: Mrs. McCandless. McCandless: I'm a little concerned about the road coming in if it is blocking a headgate for irrigation. Bird: Shari, as I understand and remember now because it's right on the southeast corner of the property, isn't it? That's where they have this property. The one they got cut in - *** End of Side 3 *** Bird: -- to those if they allow them to go across to the south there - that it might go over it, but they still have to maintain a right-of-way to it. Anderson: Is' that a picture on top of a picture because that driveway angle doesn't look right. There's no driveway that goes in at a 45 degree angle like that. Siddoway: Councilman Anderson, it's a composite of four photos that were taken. That is Linder Road. That extends from the left side to the right side and the - it does intersect at 90 degrees, and you can see that it is fully paved. We were looking to see if we can see in the photo where that headgate was, but it's not showing up very well. Bird: It's right back there by the sign, isn't it - over by the telephone poll? Isn't that right? Right in there. Siddoway: If it's in there, then it would be in the right-of-way. It would not interfere with the extension of the parking and drive isle. It would be in front of it. Bird: But is that an open ditch or is that already tiled? Siddoway: I don't know. Bird: So if they go out, they will have to tile that, if I'm not right. I believe Idaho water laws - they're not going to be able to stop you from getting your irrigation water. Okay. Any other questions? Roll-call vote, Mr. Clerk. Roll-call: De Weerd, naye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAYE. f Meridian City Council Meeting November 8, 2000 Page 42 Item 6. CUP 00-047: Request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishel - west of Meridian Road on Franklin Road: Bird: The next item is a request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishel - west of Meridian Road on Franklin Road. Staff comments. Stiles: I need to get back in this other program here. Just one minute please. Poor Mr. Fishel has gone a lot of ways for this. De Weerd: We have seen him. We know what he has to say and what you have to say. Stiles: The recommendation was to reduce his landscape requirement on Franklin to 20 feet down from the 35 feet that was originally required in his Conditional Use Permit. That was recommended for approval by the Planning and Zoning Commission. He's out there working right now trying to get that landscaping in. De Weerd: That's very nice. I see you've already got the rocks in. Bird: Shari, do you have any further comments? Stiles: I don't. Bird: Any other staff? Any questions of the staff, Council? De Weerd: I have none. Anderson: I have none. Bird: Mr. Fishel. Do you have anything to say as the applicant? Fishel: Sam Fishel, 225 West Franklin Road in Meridian. Council members, as you know, this has been a long road and I need the help. That's all I've got to say. Bird: Do you have any questions, Council? De Weerd: No. Bird: I would entertain a motion. De Weerd: Mr. President. I Meridian City Council Meeting November 8,2000 Page 43 / Bird: Mrs. De Weerd. De Weerd: I move that we approve the request for modification to the CUP of the front of the landscape setback in a C-G zone for Centennial Motors and for the attorney to draw up whatever he needs to draw up - the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Bird: Any discussion. It's been moved and seconded to approve the request for modification to the CUP of the front of the landscape setback for Centennial Motors and for the attorney to draw up the proper papers. Mr. Clerk, roll-call vote. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 7. Time Extension: Request for a one-year time extension on the Preliminary / Final Plat for The Lakes at Cherry Lane No. 9 Subdivision by Briggs Engineering, Inc., due to design problems causing a delay in construction and recordation of Final Plat: Bird: Next item is a time extension - request for a one-year time extension on the Preliminary / Final Plat for The Lakes at Cherry Lane No. 9 Subdivision by Briggs Engineering. Staff. Stiles: Mr. President, Council members. The applicant's representative has requested an extension. Their plat would have been required to be recorded on November 3rd of this year and they are requesting a one-year extension because they have had some design problems. I'm not sure what the details of those are, but I think a lot of it has to do with drainage. Bird: Yes, they're requesting an extension. They just want an extension of their approval. Any other staff reports? Council, any questions of staff? De Weerd: Nope. Bird: If not, what's your pleasure? De Weerd: Mr. President. Bird: Mrs. De Weerd. De W eerd: I move we approve the request for a one-year time extension on the Preliminary / Final Plat for the Lakes at Cherry Lane No.9 to November 3. 2001. l' Meridian City Council Meeting -- November 8,2000 Page 44 Anderson: I'll second that. Bird: Any discussion? Moved and seconded to have the time extension for The Lakes No.9 at Cherry Lane. Mr. Clerk. Roll-call: McCandless, aye; Anderson, aye; De Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 10. Ordinance No. 895: 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: Bird: Item No. 10 is an ordinance for the annexation and zoning of 5.4 acres for proposed Elliot Park Subdivision. What will the ordinance number be, Mr. Clerk? Berg: Mr. President. Ordinance No. 895. Bird: Okay, Council. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: He needs to read that. Bird: That's right. I'm sorry. City Clerk, will you read the ordinance by title only? Berg: Thank you, Mr. President, members of the Council and audience. Ordinance No. 895: An ordinance finding that certain land within Elliot Industrial Park as lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation and writing to the Council; and that said land be annexed to the City of Meridian and zoning designated light industrial district I-L; and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho repealing all ordinances, resolutions, orders or parts thereof and conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. { Meridian City Council Meeting November 8,2000 Page 45 Bird: Thank you, Mr. Clerk. Is there anybody in the audience that would like that ordinance read in its entirety? If not, Council, what's your pleasure? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 895 - annexation and zoning request for 5.4 acres for proposed Elliot Industrial Park Subdivision for an office and shop in an I-L zone by Chuck Elliot and the Elliot Group with suspension of rules. De Weerd: I would second that. Bird: Okay. Moved and Seconded that we pass in favor of Ordinance No. 895 with the suspension of rules and for the attorney to draw up the proper papers. Roll-call vote, Mr. Clerk. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. Item 11. Cherry Lane Golf Course - Discussion on Landscape Issue: Bird: Okay, Council. We added one item. No. 11 is Cherry Lane Golf Course. We've got some questions that came up on that. Shari or Steve, do you want to present your- Siddoway: Mr. President, members of the Council. I've been asked to present this. I was the one who reviewed the landscape plans and issued the Certificate of Zoning Compliance. These are the site photos of what's out there today. These photos were taken yesterday. You'll notice that many of the tree sizes are very small - half-inch to three quarter-inch caliper. They've gotten larger along the roads up to a two-inch caliper. Everything is gravel in the landscape areas. This is the plan that was approved. We worked with the applicant extensively on getting this plan approved. I think there were three revisions until we came up with this one. The Certificate of Zoning Compliance was issued based on it. I would point out two things. One, that all of these landscape areas in here, along the road and internal to the parking lot are called out with the note as sod. I think you are also aware of a note on the plat - or not on the plat, but on the plans stating that the drainage basins will be covered with a minimum of two inches of one-inch wash drain rock mulch. We didn't have a problem with that note, knowing that these areas were to be sodded. The thought was that perhaps it might be placed elsewhere. The Certificate of Zoning Compliance was written - it was issued on June 25, 1999. The wording in it was that all trees must be planted as per the approved landscape plan. The landscape plan was in compliance with the conditions of their Conditional Use Permit, but also know that the landscape plan is not to be altered without prior written approval of the Planning and Zoning Department. If they had come to us and requested that the Meridian City Council Meeting November 812000 Page 46 modification be made to replace the sod with gravel to accommodate the drainage, we certainly are friendly to accommodating drainage areas in required landscape areas, but we would have requested a design along the lines of this, which is an infiltration swale, which still provides the grass on the top and the drainage rock below, so that the effect is still one of the landscaped area and still, also able to handle the drainage issues. I would like to point out that this is a Conditional Use Permit and in the Findings of Fact and Conclusion of Law, as well as in the Findings of Facts and Conclusions of Law for all Conditional Use Permits, it states that conditions may be attached to a Special Use Permit, including, but not limited to - and then there are several listed -- one is requiring more restrictive standards than those generally required in an ordinance. It's not unusual. In fact, that's the purpose of a Conditional Use Permit. We saw it tonight with Valeri Heights and reducing from three stories to two stories. That's not an ordinance. It's because it's a Conditional Use Permit that we were able to do that. Another requirement of the Findings of Facts and Conclusions of Law that came from Central District Health was that all storm water shall be treated through a grassy swale prior to discharge to the subsurface to prevent impact of ground water and service water quality. That's the other reason for requiring the infiltration swales for the pre-treatment in compliance with this requirement. The way that the landscaping has been put in is in direct conflict with this requirement of the Findings of Facts and Conclusions of Law and is a major modification of the landscape plan that was approved. No changes were ever brought to us and we would expect that it be built the way it was approved. Bird: Is that a stamp set of drawings that you've got there? The approved set. Siddoway: This is the approved plan. Bird: And it is stamped. Siddoway: It's not stamped. Bird: Does the owner have an approved stamp set? Steve, come here and take a look at it. See if it's the same one you've got. Siddoway: I concur that the plan that he's showing you is the approved plan. Bird: Okay. (Inaudible conversation amongst Council) McCandless: My question is that if these don't carry as much weight, why are they even there? Siddoway: They do carry weight. The issue is not the weight that it carries. The issue is that those areas are showing sod, and based on that note, and based on ( Meridian City Council Meeting " November 8,2000 Page 47 ( the approval that was in the Certificate of Zoning Compliance - if they wanted to through that note, change the plan from sod to have those be the drainage areas and gravel, then they should have come back for a written request for a modification of their landscape plan. That was what was written into the Certificate of Zoning Compliance. Anderson: So by following the landscape notes, we should have just followed the pictures? Siddoway: Without a modification, yes. McCandless: That doesn't make much sense to me. Don't write this stuff down then, if they just have to follow the pictures. Anderson: When they give specific detail of something, and it says in here that it can be bark or two-inch rock mulch - I mean this is a more detailed drawing of what is in here, to me. McCandless: They thought they were following the plan. Anderson: -- then just looking at the overall pictures. Siddoway: Looking at the overall picture, to us, it was clear that the area was intended to be sod. I don't know what else to say. T. Holloway: I'm sorry, Council. We were trying to do what we thought was right by following what the instructions said. We mistakenly read the notes. Stiles: Mr. President. Bird: Yes, Shari. Stiles: I did talk with Brad Watson, who reviewed the drainage plan this afternoon. He said that the landscape plan would not have anything to do with the drainage plan. The surface treatment is not of concern when they're reviewing a drainage plan. The drainage plan can show that it's all drainage and show what is under the surface, but the landscape plan would be what's over the drainage area. Steve has a degree in landscape architecture. I don't know that any of you, but typically you look at the plan. You look at the symbols that are on the plan, and that's what you go by. You don't look at some notes that were put on at the last minute after three different changes to the plan. None of these notes showed up on any of the other plans. Bird: Wait a minute. This is a stamp set. What notes are on here is on here. I'm not an engineer, but I've looked at a lot of plans. I'll guarantee if I don't read notes on plans and stuff, I wouldn't be in the business very long. ( Meridian City Council Meeting \ November 8,2000 Page 48 ( McCandless: Mr. President, I would submit that I'm sure Steve does have a degree, but I don't think that Tad or his wife have a degree in landscaping. They were following what they thought was the right thing on that particular plan. Bird: Steve, on the trees, what caliber under that deal of trees were they supposed to put in? Siddoway: The requirement that's in their Conditional Use Permit is 45 three- inch caliper trees. Knowing that they were going to have difficulty in finding those three-inch caliper trees - for about a year now, while we've been working on this Landscape Ordinance, we've had an interim policy that allows them to reduce the tree caliper size to two inches as long as they're providing 110 percent of the total caliper inches required, which is what that number is - 148.5 caliper-inches that was written on their plan. T. Holloway: One other question I have on the trees - I was told earlier today that we have planted the row of trees back in this area here that said would not be counted because it wasn't on the parking lot. I would like that to be addressed. We have a row of trees back here on the back side that was addressed that it would not be counted because it wasn't part of the project. I would like to be addressed to Council. Siddoway: Are you talking about the trees that are down here at the lake? T. Holloway: No, the trees right here that would be on the other side of the canal. Siddoway: Along here? They are counted. I don't have a problem with counting those. T. Holloway: This afternoon, they were not counted. Siddoway: I disagree. The requirement was that it - the ordinance is 1 three- inch caliper tree per 1500 square feet of asphalt. The ordinance is 1 three-inch caliper tree per 1500 square feet of asphalt. The reason for the ordinance is for the softening of those parking areas that are creating the asphalt and the need for the trees. We require them to be in proximity to the parking area. That is true, but counting these trees that are in this row, there's not a problem with counting those towards your requirement. Anderson: So are they short trees or are they long? Are they long or are they okay or what? Siddoway: I haven't counted. The assumption is they're short. Many of those trees are very small - down to a half-inch. ( Meridian City Council Meeting -. November 8,2000 Page 49 T. Holloway: They are going to be short trees because of the trees that are lined up here over on Talamore - down on this area here that's along the canal. The trees will be planted. That property is taken care of. Siddoway: I could go out and take caliper measurements and find out how many total caliper inches there are, but I haven't done that. T. Holloway: Will someone answer my question on the trees please? On the trees, how much more caliper of trees will we have? Do you know how short we are? (Inaudible discussion amongst Council members) T. Holloway: We're going to be short all of these trees right here, and these, which is along the tiling of the ditch in Talamore, which is property that we're waiting on. Bird: Within that agreement, it was clarified to me tonight that that agreement (inaudible) tile, but somebody has got to put it in. T. Holloway: The ditch company will install it is what I was told. (Inaudible discussion amongst Council members) Siddoway: What's being discussed is who is paying for what? Anderson: The tiling of the ditch. Bird: The tiling of the ditch. I was told that was one of the hold-ups up. I also was told that the landscape architect went out there and said half the trees were dead or something. Siddoway: I don't know about that. Apparently, someone did say that some of the trees were dead. When I was out taking photos, I was unaware of that issue. It was obvious that many of them still had leaves on them and were alive. I don't know if any of them are dead. I just wanted to make two points, if I could. One, from the applicant's testimony, in the City Council meeting, when the Conditional Use Permit was approved - let me find out who's saying this - Yost - Mr. Yost. "Any and all changes that the City wants on the landscaping and vegetation of that parking lot will be complied with. The landscape architect will work with you and the city folks. The Planning and Zoning or the City Engineer will provide the proper vegetation and the other conditions for that parking lot without exception. We did work with them. Together, we came up with this plan. The ordinance requirement was for three-inch caliper trees and we tried to provide them some relief by allowing them to go down to two-inch caliper trees as long as they met ( Meridian City Council Meeting November 8, 2000 Page 50 that policy of 11 0 percent. It's clear that what is out there is certainly less than two-inch caliper. Those are the issues that we have. Bird: And there's no issues regarding the - no hold-up or anything because of the ditch not being tiled and taken care of? Siddoway: I'm not familiar with that issue. Public Works - I turn it over to Gary. Smith: Councilman, I'm not prepared to answer that question. I don't know what the requirements are. There was a land trade between Steiner and the City of Meridian. I don't know the status of that land trade. That land trade, as I understand it, included that Steiner was going to furnish pipe and I believe Nampa / Meridian was going to install the pipe. I don't know the details of that - how much pipe they were going to provide, when the installation was going to be made. I would assume that it was going to be done sometime during this off- irrigation season, but I don't know any of the details of that agreement. Bird: Okay. Do you have something, Jennifer? J. Lovan-Holloway: Yes, I do. Two things I would like to clarify - one was I'd like to address the issue with the dead trees because that was very adamant. Shari Stiles and I had a conversation on the phone. I came back in her office today and asked her about who the landscaper was. She said, "Well, it was a third person. I can't give it to you right now." When Tad called back this afternoon to get that, Steve informed him that it was somebody that just came in and said that. The second issue is I would also like it stated for the record or whatever that she has brought up to me about the trees - none of this area here - this is the only landscaping area - that none of this around the new clubhouse would be counted. We asked her specifically today on that. My question is when it's at the project - this is the whole project area. I am trying to figure out where the trees stop and where they don't stop at so that we know where the caliper of trees are. We have trees along over here that are in that project area that should be counted. I would like to know - I mean, we were planning on using part of those trees as counting. If they're not, I would like to know where the project area is or is not. Siddoway: My response would be that we're just simply trying to get the trees planted as per this plan. Anderson: I guess my question is kind of along the lines of Jennifer's. What are we looking at when we're calling this a project? Are we looking at just the parking lot and are we trying to meet a minimum number of trees and caliper in that area or are we talking about the clubhouse? To me, they're all one project- both the parking lot and the clubhouse here, so I am just a little bit confused on that. ( Meridian City Council Meeting " November 8, 2000 Page 51 Siddoway: Basically, we're willing to count any trees that are from the clubhouse going west into the parking lot. From the clubhouse heading east, those are golf course trees and we want the trees to be located from the parking lot to the clubhouse. J. Lovan-Holloway: What I would like to know is where exactly - when we did the plans, not only for the clubhouse, but where it started on the driving range, the driving range was part of that project. Can you tell me how far out that goes? Siddoway: I'm not familiar with what you're talking about. J. Lovan-Holloway: If you just go from the clubhouse, that part in front of the - towards the driving range and the lake that is now being constructed - Bird: Well, it goes right to the lake as you can see in the drawings. That's showing redoing to the lake. Anderson: What's the dotted line on the map? Isn't that your project area? J. Lovan-Holloway: Well, that's what I would assume, but they're saying it just starts at the clubhouse that direction. Anderson: Are those trees lining the driving range - are they in? J. Lovan-Holloway: We have two trees right in this area, but we had some other trees. There's a couple here and (inaudible). Anderson: Steve, that dotted line that's on the map - Siddoway: Yes. Anderson: I was out there this weekend and that's kind of the project area. They've landscaped all that, too. Are you going to count the trees that are in that area? Siddoway: Yes. We will count the trees that are within the project boundary. We just don't want to be counting trees that are part of the golf course. The tree requirements were written at 45 three-inch minimum trees or 148.5 caliper inches, and then they show their plant schedule, just as we had asked. None of the tree sizes were less than two inches, and they came up with the total caliper- inches in excess of their minimum, which is 148.5 at 157.5. I believe that did include those trees that are shown going out from the clubhouse towards the lake where the driving range is. But those are all three-inch Red Oaks. What's been planted out there, in no way meets this plan as far as the sizes. Bird: So, you are saying if they have the right caliper, they have enough trees? ( Meridian City Council Meeting November 8, 2000 Page 52 Siddoway: I don't know that. I haven't been out to count trees. (Inaudible discussion amongst Council members) Bird: Two inches. Three-inch you can't hardly find. J. Lovan-Holloway: The other question is when did the two-inch - I heard you say it came into effect this year. Siddoway: Last year. That's why it's written on your plan. It's on your approved plan up there. J. Lovan-Holloway: Where is the two-inch? Siddoway: The tree requirements - it's in the plant schedule. None of them are less than two-inch, which is what we requested of the landscape architect. Two- inch is the minimum size. It goes from two-inch up to three and a half-inch, but nothing less than two inch. De Weerd: If they did two-inch, how many trees are required then? Siddoway: If they're all two-inch? De Weerd: Yes. Bird: You would need 148. Siddoway: Divided by two. Bird: That would be 74. Those are bigger down that side there. Siddoway: Yes, 74 trees at two-inch would be required. De Weerd: You can assume that you don't have three-inch calipers here. Bird: I think the main thing that you guys want to find out is what you got to get to get your (inaudible). (Inaudible discussion amongst Council members) Bird: Let's - I think we - Steve, I think that the main thing that Cherry Lane would like to know is what do we need to do to get their occupancy. Siddoway: We'd like to see the plan that was approved put in meaning the small half-inch trees should be replaced with trees that are at least two-inch caliper. The surface gravel should be sub-surface and with sod on the top as shown on ( Meridian City Council Meeting , November 8,2000 Page 53 their landscape plan. Those two things are the two main issues for me and meeting the total caliper-inch requirement of 148.5 total caliper-inches on the site and the project area. McCandless: Steve, actually what you're saying is that your requirements would keep them from having a Certificate of Occupancy until Spring. Is that what you're saying? Siddoway: Unless they bond for it and get temporary occupancy. Bird: Absolutely not. McCandless: I know you're trying to have your ordinances followed, and I commend you for that. That's what you need to do. It seems to me that they've had so much trouble and they've worked so hard out there. I'm sure that they will comply with things that you say they're not doing right. But they did try to comply with what they saw on those plans. If they read them wrong, I probably would have done it myself because I don't have the knowledge that you do, but they sold their trailer. They were planning on moving in next Wednesday. The clubhouse is ready. It's a beautiful building - something we should be proud of here in Meridian. I don't know what you want them to do right now. They can't go out there and plant trees or put in grass or sod now. They can't thaw the ditch bank' because they have to wait until the rest of it is tiled. Siddoway: Council, we're currently in the process of completing two projects - one, the water tank landscaping and Generations Plaza and both of those include sprinkling systems, soil, trees and sod and those will all be completed in the next two weeks. It's very possible to ask what the staff is recommending. Thank you. Anderson: I guess, from my perspective, I agree with you. I think some of the calipers of the trees are - obviously, they're less than two inches and probably need to have additional trees and meet the number of trees of the total inches that you wanted there. I guess, on the gravel part, to me, that is clearly spelled out on here that that would either be two-inch gravel or mulch. We stamp that and we approve that and I guess those are also, in my mind, the drainage areas for the parking lot and it doesn't make any sense to me to put soil aid or mulch because if that fills with water, every time, it's just going to wash down the sides and you're going to have a row of mulch or something there in the center of that. I guess I would like to see us accept the gravel around the outside perimeter and then all the back area and where the tiling is going to go would be the sod. I guess it boils down to interpretation of the ordinance, really. That's kind of how I read it when I read our ordinance and we don't really specifically tell anybody that it has to be sod and they submitted a plan that said "either or" and we stamped okay on it. ( Meridian City Council Meeting November 812000 Page 54 Siddoway: I would agree with you, but I would say that the requirement of the Conditional Use Permit was to get a landscape plan that was approved. This is a landscape plan that was approved. That is what we wanted to see. De Weerd: Isn't that what you're getting, Steve - was the rock? Anderson: It says that and you missed where it said "rock." Evidently you didn't read that part. You guys both just weren't on the same page. They were thinking all along that rock was okay and you were thinking that it was going to be sod. The plan clearly says it, and we stamped okay on it. Siddoway: It also clearly says "sod" in those areas. I guess our feeling was if they're changing - I mean it's stamped sod allover those areas. That note should hold as much weight, to me, as the one that says "gravel." If they're changing those areas that are clearly marked "sod" to be gravel, then it should have come back as a modification. Anderson: I guess I blame that more on whoever drew this plan. I don't know who drew it, but they've got sod and then they've also got in the notes that it's gravel. I can't blame that on you and I can't blame that on the applicant. I blame that more on whoever drew these. I think both parties just had different intentions here. Again, to me, just because of that being drainage for parking lot, it makes more sense to have it in gravel than it does in something that's going to wash away every time those areas fill with water. Siddoway: It's often done to combine the two with that section that I showed you that is able to have landscaped areas that are grassed and able to accommodate trees and still able to handle the storm water detention areas. We have no problem with having these areas have double functions. They are street landscape buffers - was their intent and we wanted them to be vegetated. T. Holloway: If I could add something to that - some of you might have gotten phone calls on some of the grass drains that they put on the golf courses that have not held up to their standards, or they have not been draining as well as just the regular gravel drains. We had looked at that. Also, when we were making plans and saw the gravel and thought that was the way to go since they've had to replace two of the grass drains already this year out there at - going along Black Cat, then we're going to be working on another one right off of Talamore. Siddoway: I can respond to that, because I have looked at that. The reason for most of those failures are that they use sod from a clay soil over the top of it which prevents the drainage down into the primeval layers. That's why it shows eight inches of sandy soil, or you need to make sure that it's a primeval soil that the sod has been grown in. ( Meridian City Council Meeting" November 8, 2000 Page 55 T. Holloway: It seems like we're getting nowhere with this. Is there any way that we can apply for temporary - something through this landscaping? The trees on Talamore aren't going to be put in and those will have to be subtracted off. The ones that are around the ditch - it sounds like we're going to have to not - that's not going to be the case. It sounds like we've overlooked where we need to replace some trees that are under the two-inch caliper. What is your suggestion? Anderson: My feeling is, and I don't know what the rest of the Council's is, this whole golf course issue has been a real thorn in our side and it's been a black eye for the city. Obviously, we want a nice facility out there and I think that you guys have built a nice facility. I think we've got a few bugs still in the landscaping stuff, but I, for one, would be in favor of seeing the mobile home go bye-bye and would be in favor of a temporary permit and get you in there and then we haggle out the details on this landscaping stuff and we get it tweaked to where we can - both sides can live with that. I would be in favor of some type of temporary. I don't know whether we can swing that or what it would take to do that. I guess legal counsel, I guess, for your advice on how we could do that. That would be my feelings. McCandless: And mine. Bird: And mine. De Weerd: And mine. Anderson: That's kind of a question for you, Bill. De Weerd: Mr. President. Bird: Yes, Mrs. De Weerd. De Weerd: I might suggest and I think they know they need to go and look at the trees that aren't the two-inch caliper. To keep the rock where it is and to put the sod where the areas that are not improved yet is - or do you have rock along Talamore? Bird: Talamore hasn't done it because they don't own the property. De Weerd: When plans are made, those plans you would work out with P and Z, but as far as - you can't say read the notes on one thing and not read the notes on another thing. With your two-inch caliper, you had better read the notes because it talks about it and but with the rocks, don't read the notes and look at the picture. It's inconsistent, and again, I agree with Ron. *** End of Side 4 *** ( Meridian City Council Meeting' November 8, 2000 Page 56 De Weerd: With staff, they can figure out the caliper - the total number of caliper we already have and see what they need to put in there. They can make that up in some of the unimproved areas as well. J. Lovan-Holloway: We do have an additional eight trees that will be in - are sitting there ready to plant - that are more than a three-inch caliper. The other thing that I would like to request is that when we do have - whether it's Steve or whoever comes out to count the trees, if we could also have a certified landscaper that comes out with it for measurements so that the inches - so that everybody - there is a set standard. Siddoway: Sure, as long as you pay for them. J. Lovan-Holloway: That's fine. We don't have a problem with that. Siddoway: Standard is six inches above the - J. Lovan-Holloway: Yes, six inches above, but we would like - Bird: If you've got a tape measure, you can do that. Siddoway: I understand where the caliper is measured. J. Lovan-Holloway: But, I would like somebody if we could. Bird: Let's let the attorney give us what we can do. Nichols: Mr. President, members of the Council. If it's the Council's desire to have a temporary Certificate of Occupancy issued, then I believe that staff is prepared to do that so long as the conditions and the time within which those conditions have to be met are spelled out so that staff can go check on the - run the punch list and see that there's the required number of caliper inches, for example, and whatever your pleasure is with regard to the issue of the planting islands and that way, staff knows what your position is. Then they're prepared to issue the temporary Certificate of Occupancy and we can proceed with this. Is there anything else? Siddoway: I would ask the question. It's an ordinance requirement in my view in order to get a temporary CO to issue a letter of credit for the improvements that are not yet complete. Is there a way to get around that in this instance? Nichols: I'm not familiar. I have to tell you that I'm not familiar enough with the ordinance and I don't have the city ordinance with me. If, in fact, it says that those improvements that are yet to be made have to be bonded, or letter of credit or some other surety, such as money in the bank on deposit for the estimated value of those improvements are 11 0 percent of the estimated value or whatever ( Meridian City Council Meeting , November 8,2000 Page 57 the number is in the ordinance, then that's a requirement that has to be met. The Council can't bury that. The bonding - and I'm just telling you. I don't know if it says that or not. I have to look at it. If that's what it says, then that's - you can't go around that part of it. But I don't know how much money we're talking about if we're simply talking about a certain number of trees. I don't know what other conditions there are that have not yet been done and Mr. Holloway says he has the punch list of the things that are not yet completed. Anderson: I was just going to state, too, Bill, that I guess something that complicates that a little bit more is we're asking them to actually provide landscaping on property that they don't own. We actually have some third party people in here and I don't know how that would figure into the formula here and about bonding and - or letter of credit for landscaping on somebody else's property. It doesn't seem too feasible for me to require someone to post a letter of credit to plant landscaping on somebody else's property that ultimately, we own. It's a vicious circle. We either require consent from both owners or we require it to be on their property if we have to cash in the letter at credit. We'll be able to cross on the other property. Nichols: Mr. President, members of the Council. A question to Mr. Holloway. Is there a problem with getting consent from the owner of this property where West Talamore is? Is there any problem working with those folks or is it just now that you have found out that - T. Holloway: It's his last project - his development. J. Lovan-Holloway: With working with Brad Watson on this for quite a while and this issue on landscaping, Brad and I have had a conversation to wait on the landscaping because it's not actually us that has anything to do with it. It is deeded by Brighton Industries to the City. The real property has really - we don't have anything to do with the real property. You, as the City, own or don't own that. Bird: Not yet. Nichols: I'm more confused than I was before, which I did not think was possible. If I understand what she just said correctly, the issue is it's in the right-ot-way for West Talamore, I take it. If the street is dedicated, West Talamore is dedicated as part of Brighton Corporation's Development, then I don't know if we own it or ACHD owns it. Some public entity owns it. I guess the question would be that should be a bondable (sic) item. I don't frankly know how much that costs or what you have to post for that, but we can't vary the ordinance that says that improvements that are not yet finished, have to be bonded. Certainly, the tree thing could be finished within a few days, I would expect. You get the right caliper trees in and take care of that. If the Council wants - and so the only issue ( Meridian City Council Meeting' November 8,2000 Page 58 / 1. then, is those areas that are impossible to do right now, which is where the drain is going to be tiled and West Talamore. Am I missing anything? T. Holloway: No. So you're going to bond us for your property that we don't - that is going to go to you that you haven't gotten and you're going to bond us for it. Nichols: Mr. Holloway, I believe that you agreed to this landscape plan as part of your development and part of your Conditional Use Permit Application and so it would be my position representing the City to say, "Yes, that's what you're going to do." Anderson: Really you're not bonding for that land. You're bonding for the improvement. You're guaranteeing to us that you'll plant some trees there. That's what your bonding or issuing a letter of credit - like the attorney said. It can't be too expensive for a few trees. Bird: I still didn't get an answer. Nichols: Mr. Holloway also had - what else beyond the landscaping needs to be done? You said you had the list. T. Holloway: The Water Department is coming out in the morning. Pre- treatment, excuse me and the zoning and landscaping and the mechanical. Then it says that we have to turn this back in. I don't know how long that process takes. Can anybody answer that question for me? Siddoway: The process of getting a signature? Bird: Gary can answer that. T. Holloway: Once we get the signatures and turn it back in, how long is the process for occupancy? Siddoway: Once we have the bond, you can go downstairs and get it. I don't know that it's very long. I signed one today on a project. The applicant brought in a letter of credit to - or he actually brought in cash - a check to bond for some unfinished improvements. He went from there downstairs and had them print up the Temporary Certificate of Occupancy. I signed it 15 minutes later. J. Lovan-Holloway: I have one question. So if we go ahead and put the trees in that aren't on our property within the next two days, is that sufficient if those are the - if we just go ahead and put them in and suffer the consequences if something happens. Siddoway: I have a couple of issues that I need to have clarified as far as what Council wants to have happen. It seems clear that they need to bring the total { Meridian City Council Meeting November 8, 2000 Page 59 caliper inches up to the number that's required. One question that I have is the trees that are less than two-inch caliper - do they need to be replaced or do they just stay as they are and add additional ones? Second of all, the landscape treatment of the ground plain - are you willing to take it as is with just the gravel or do you want any modifications to that? Anderson: 1'(1 speak first. I'm okay with the gravel in those areas where that drainage is going to go for the parking lot, and then the rest of it - the sod. As far as the trees, I guess what the ordinance says is that three-inch, but we know they can't meet that, so we've made a modification to go to two-inch. If they've met the total caliper-inches in two-inch trees, then I'm - Siddoway: But we're only counting two inches and above toward that requirement is what you're saying. Anderson: Yes. Siddoway: Okay. J. Lovan-Holloway: Could I ask for expectations, please? So those trees will be planted where? Does that include the T ala more area? Does it not include that area? Siddoway: Yes, it includes that area. It includes all the areas on the plan. De Weerd: But you want those planted now on Talamore? Nichols: Mr. President and members of the Council. I think we're getting a little far field here and let me see if I can bring it back and take a stab at 11 and 12. If I understand staff correctly, all they're looking for is where you have trees now - where you have trees specified on the plan. It is possible for you to plant now. Those trees have to be two inches or better to count. On West Talamore, that could be one of the areas that's bonded for. Siddoway: They could be planted, too. Anderson: They don't want to do the bond, so they'll plant whatever trees they have to. J. Lovan-Holloway: Well, we'll plant them and then if we have to go back and take them out, I guess that would be our consequence. Nichols: I guess I would say that it's not likely that you're going to have to take them out. Anderson: The curb is already in. It's already paved. ( Meridian City Council Meeting November 8, 2000 Page 60 Nichols: If the street is there, it just hasn't been dedicated yet. Is that it? T. Holloway: The (inaudible) hasn't been landscaped since it's been put in and no one has even talked to them about that. There's a bunch of weeds growing out there that we're going to landscape right next to. Anderson: That center medium - but that's Siddoway: Get them next week. Anderson: That is the issue from this one right now. Nichols: Mr. Holloway, you have to understand that the Council is getting really serious about code enforcement and we're starting to do some stuff around town, so things are changing from what it used to be. The gravel stays is what the Council is saying. Siddoway: What I'm hearing is the gravel stays. Meet the total caliper-inch requirement. Only the trees that are two inches or greater count towards it and place trees in the areas where the landscape plan shows. If you need to add additional ones to make it up, then add them in other areas around the clubhouse. Anderson: And all the trees in the total project area count. Siddoway: Yes. Total project counts two inches or greater. Bird: That's the way I understand it. Nichols: Mr. President, members of the Council. May I make a suggestion, though? That is before - just so we can avoid additional conflict, before Cherry Lane goes out and starts planting trees, that essentially take one of these plans or something similar and make an overlay and say we've got them here, here, here and here. We've got a half-inch tree or one-'inch tree. We should pull it out. We'll put in a two-incher (sic) or whatever they're going to do that way and then show where these additional trees are. Get Steve out there or something so we don't have some sort of blow-up over this deal because the trees weren't in the right place. So there's this communication between Steve and Mr. Holloway. I'm sure you can work that out, but that needs to be done in some fashion so that there's not any further miscommunication about where these trees are going to be to be "within the project." Siddoway: That would be just fine. I'd be happy to go out and check stakes or something. I can tell you my position would be that in a location where a tree is showing, I would expect to see a tree and if additional trees are needed, then ( Meridian City Council Meeting i, November 8, 2000 Page 61 they need to be provided within the boundary that's shown on the plan of the project boundary. Okay? Nichols: Mr. President, may I make a further suggestion? Since Mr. Siddoway is going to go out and caliper trees to determine sizes and so forth, there are probably two more trips needed - one to go out and caliper the ones that are there. If Mr. Holloway goes out and calipers everything and he marks with a red tape or something those that are too small, you don't have to - he says we are going to replace these with two-inch or whatever. You get out there and caliper the other ones. Then, at the same time, he could say, "Here's where we're going to put the others." Would that work, Mr. Holloway? T. Holloway: Yes. I just have one question before we go on any further. That's on the picture where these trees are laid on the plan. Siddoway: If I put the plan up there, could you point to them up on the screen? De Weerd: In the ditch area. Siddoway: You can use that microphone that's on the stand there to talk. T. Holloway: This right here, which is going to be in the tiling of the ditch. Are those going to be required to be put in, too? Bird: I don't know how you could. T. Holloway: Is it just the three trees here that you're talking about? One, two, three, four - Bird: Five of them. Anderson: Five total. Bird: Which would be 10 inches. Siddoway: The tree locations don't show that they are in the easement. They all show up outside of the easement, so I'm wondering why you couldn't put them in. T. Holloway: They're going to be flipping through there and (inaudible). Siddoway: Okay. You'll either need to bond for them or we'll need to agree on a relocation within that project boundary. Anderson: Just relocate them. Siddoway: Just relocate them. ( Meridian City Council Meeting November 8,2000 Page 62 Bird: Council, anything else? McCandless: Can you do that, Tad, in the next couple of days? T. Holloway: I sure hope so. Bird: Okay, Council. I think we need to make sure that, like Mr. Nichols said, we understand - Steve understands that he's going to go out there. I believe that it was the four Council's people. The gravel is okay. We're going to get up to the 148 caliper-inches of trees. Then we can get an occupancy. Siddoway: And two-inch caliper minimum. Bird: Keep two-inch caliper minimum, yes. T. Holloway: Are we going to replace the trees that are too small? Siddoway: That was what I asked. I was under the impression that you were replacing the ones that were too small. Anderson: Anything that's under that two inches isn't going to do you any good in your count, so you might as well replace them. J. Lovan-Holloway: Is it an option to relocate those - I mean as long as we have it in the project now? Bird: That would be up to you guys to layout with Steve, just like Mr. Nichols said. Siddoway: The caliper-inches of those smaller trees won't count, but they can be relocated. Bird: They're wanting to leave the small ones there, Steve, and put the two inches - relocate the two inches somewhere else that will count. Is that going to be a problem? Siddoway: I would just ask for your recommendation. When you get smaller than two-inch caliper trees, you run into problems constantly with people breaking them off and two-inch caliper is where we find that that stop is happening. I would like to see those trees in the parking lot be two-inch caliper minimum. If they want to have some smaller ones and relocate some of those smaller ones closer to the clubhouse where they're more protected - go ahead, Tad. T. Holloway: I'm just trying, since we're on a time frame. Pulling trees out and putting other trees in - ( Meridian City Council Meeting , November 8, 2000 Page 63 Siddoway: Is your preference to leave the small trees where they are and just add to them? J. Lovan-Holloway: Could I make just a suggestion? If one of those trees is broken, can we have whether it's 30 days or something, unless it's absolutely frozen out that we could pull it - that those would be pulled out right away (inaudible ). Siddoway: That's agreeable to me. Bird: Well, I think you guys go out there and get this - the caliper settled. They get it in, then we get the occupancy. Siddoway: Okay. Bird: And that's along Talamore and everything. Is that agreeable with Council? Let's get that done this week. Thanks, Steve. Anderson: Just for clarification, it sounds like as soon as you're signed off on that inspection form and you've done those tree things, you ought to be able to get your temporary that same day, it sounds like. Siddoway: If everything was in, it'd be permanent. Bird: It'd be the permanent, yes. J. Lovan-Holloway: (inaud ible) Siddoway: Tomorrow is going to be difficult unless it's - McCandless: And Friday is a holiday. Siddoway: Friday is a holiday. Could we do it Monday? J. Lovan-Holloway: We're under a real time strain. We need to do this by Wednesday. Siddoway: Can we do it Monday morning? I have a 10:00 a.m. appointment Monday, but- McCandless: Is there someone else that can come out besides you, Steve, because they got three days. Siddoway: Well, especially if there is an independent landscaper who is there doing the callipering (sic). ( Meridian City Council MeeUng November 8f 2000 Page 64 ;' \ Siddoway: How early could you be ready for me tomorrow? J. Lovan-Holloway: We could be there as early as you would like to be there if it's daylight. Siddoway: I thought you were going to through and tag first the ones that we're under so that we were only callipering (sic) the ones that counted. I'd like to have you do that first. J. Lovan-Holloway: Yes. Do you need to be there so that you know they count? Siddoway: No. If you already have tagged the ones that you're not going to count, I don't need to be there for that because I'm not going to count them anyway. (Inaudible discussion amongst Council members) Siddoway: Does 10 a.m. tomorrow morning work? J. Lovan-Holloway: Yes. Siddoway: I'll be there at 10:00 a.m. McCandless: Thank you, Steve. T. Holloway: The other thing, Council, to bring up, and I hate to, but when we do get occupancy, one of the conditional use was to get the trailer out. Do we have some leeway there to move into our new building? McCandless: In other words, you can't move the trailer before you move in. Right? T. Holloway: Right. McCandless: Because all of your stuff is in there. Bird: The Conditional Use says the trailer goes out the day they open up the deal. Anderson: I think common sense - Bird: Common sense tells us that's not going to work. McCandless: I mean they can't put their stuff out in the parking lot that's mud right now. ( Meridian City Council Meeting " November 8, 2000 Page 65 Anderson: Yes. Bird: Thank you. Siddoway: As long as it's not there in six months. Item B. Public Works Director - Gary Smith: 1. Engineering Agreement for Design of a Laboratory Building for the WWTP: Bird: Thanks, Steve, very much. Okay. Item B in our department. Gary Smith, I believe you've got some things. Smith: Thank you, Mr. President. I've got three engineering agreements presented to you tonight. The first one is the energy agreement with CH2M Hill for a laboratory building at the Waste Water Treatment Plant. That's the final design and preparation of construction and bidding documents. The preliminary design has already been completed by CH2M and we've reviewed that and satisfied ourselves with what we need to do there. This agreement with CH2M is for the preparation of the final design and the bidding documents for the project. I have in bold type on that memo sheet the requested Council action. The amount of the Engineering Agreement with CH2M is $80,480. Bird: Okay. Councilmen, what's your privilege? Anderson: Didn't we just build a laboratory building last year? Smith: No, sir. An administrative building was built a couple of years ago. Right. Correct. Our lab building right now is still in the operations building - or our laboratory, I should say, is still in the operations building and we've just absolutely run out of room. We've got equipment scattered around throughout the operations building and the requirements that have been placed on us with our new MPDES permit, we need the extra room and additional testing abilities so that's the reason for this. Anderson: Mr. President, I would make a motion that we approve the Engineering Agreement with CH2M Hill Consulting Engineers for the preparation of the final design and construction, bid documents for construction of a lab building at the City Waste Water Treatment Plant in the amount of $80,480 and for the Mayor to sign and the Clerk to attest. Bird: Do I hear a second? McCandless: Second. ( Meridian City Council Meeting November 8, 2000 Page 66 Bird: Discussion. All in favor say aye. MOTION CARRIED: TWO AYES, ONE ABSENT Bird: Okay, Gary. 2. Engineering Agreement for Re-coating of the Elevated Water Storage Tank: Smith: Thank you, Council. The second item I have is an Engineering Agreement for repainting of our elevated water tank. That's the 500,000 gallon yellow tank that was constructed in 1978. That's out there next to Zamzow's and the Speedway. CH2M has been monitoring the surface - the paint surface inside the tank and outside of the tank for a number of years for us. They are proposing to prepare the design and construction bidding documents for re-coating the interior and exterior of the tank. The amount of the proposal is less than $25,000, therefore we have not gone outside for and requested the formal request for proposals because of that limitation on the dollar amount. In that regard, and with CH2M's experience in this type of work and the amount of work that they've already provided for the City of Meridian in this water tank, we are requesting that you approve the Engineering Agreement with CH2M for preparation of the bidding documents to re-coat the elevated water tank inside and outside in the amount of $24,797. Bird: Council. Anderson: Mr. President. Bird: Yes, sir. Anderson: I make a motion that we approve the Engineering Agreement with CH2M Hill Consulting Engineers, Boise, Idaho, for preparation of construction bid documents for re-coating of the interior and exterior of the City's 500,000 gallon elevated water tank in the amount of $24,797 and for the Mayor to sign and the Clerk to attest. McCandless: Second. Bird: Discussion, Mr. Nichols. Nichols: Council, I hadn't had a chance to talk to Mr. Smith about this yet, but he provided me copies of all the contract documents on all these items. I talked to John Wiscus at CH2M Hill with regard to the contract on this portion and we've agreed that 6.10, which is a waiver of consequential damages could be struck from the contract and he said that - I think Gary's got two contract agreements ( Meridian City Council Meeting ,- November 8, 2000 Page 67 and we could line through 6.10, have the Mayor initial that and they'll initial it. That's the way we'll take care of it. That should be done, and also, just as an additional aside, when they prepare those bid documents, the Builder's Risk Insurance Provision, if it's the Council's desire, the Builder's Risk Insurance for the contractor be included in their bid. We need to make sure CH2M Hill does that because under the insurance requirements and so forth that are in there, they say it's either the City provides it or the contractor provides it. We've got to make sure it's in the bid documents that way. Bird: That's true. Okay. Thank you, Mr. Nichols. Your motion includes his - Anderson: Yes, I would amend my motion to include the City Attorney's comments with the deletion of Item 6.10. Bird: Does second agree? McCandless: Second agrees. Bird: Any more discussion? If not, all in favor of the Engineering Agreement - repainting of the elevated water tower for $24,797, say aye. MOTION CARRIED: TWO AYES, ONE ABSENT Bird: Gary. 3. Engineering Agreement for Design of Pump and Pumphouse for Well No. 21: Smith: Thank you, Council. The last agreement that I have is an Engineering Agreement for the preparation of the bidding documents to construct pump and pumphouse for City Well No. 21, which was just recently completed - for which the drilling was just recently completed. This well is located just slightly north and east of the elevated water tower. It's on the park - Storey Park property directly east of the Speedway. It's in that gravel area that they use for staging, I believe. Superintendent Tom Kuntz has been cleaning that area up and done an excellent job. The agreement is with Civil Survey Consultants of Meridian and Civil Survey has done all the pumphouses for us since Well No. 15, and they've done a very good, professional and complete job. We've had good projects from the plans they've prepared. The design portion of the plan - for the plans on this project - their Engineering Agreement amount is not to exceed $12,375. Construction Services that they would provide after the bid with the construction - with the contractor, is estimated at $7,180. All of our projects in the past have been within the amounts that they've estimated on this construction services project - portion of the project. I would recommend that you approve this Engineering Agreement with Civil Survey Consultants of Meridian, Idaho for the ( Meridian City Council Meeting November 8,2000 Page 68 ( pump and pumphouse, Well No. 21 In the design amount of $12,375 and construction services of $7, 180. Bird: Council, any questions? Anderson: No. Bird: I would entertain a motion. Anderson: Mr. President, I would make a motion that we approve the Engineering Agreement with Civil Survey Consultants of Meridian, Idaho for the design and specifications to construct the City Well No. 21 pump and pumphouse for not to exceed, unless approved amount of $12,375 and for construction services estimated at $7, 180 and for the Mayor to sign and the Clerk to attest. McCandless: Second. Bird: Discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: TWO AYES, ONE ABSENT. Item C. Parks and Recreation Director - Tom Kuntz: 1. Change Order for Generations Plaza: Bird: Mr. Kuntz. Kuntz: Mr. President and Council. Three items tonight for your consideration. The first is a change order, a request for Generations Plaza II. The change order is a result of an increase of $475. It mainly contributed to finding contaminated soil and removing of that soil. That amount was about $1100. There was a decrease resulting from changing the drinking fountain out to a more of a old fashion style that matches the clqck there and then Monroe reduced the price of the concrete to us in the form of a donation of $175, so the total increase that we're asking for is $475. Bird: Council, any questions? Anderson: No. Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we approve the change order request for Generations Plaza II in the amount of $475.06. McCandless: Second. ( Meridian City Council Meeting November 8, 2000 Page 69 ( Bird: Discussion? Hearing none. We have a motion to pass the change order one - No.1 for Wright Brothers on Generations Plaza II for the sum of $475.06. All in favor say aye. MOTION CARRIED: TWO AYES, ONE ABSENT. 2. Master Pathway Agreement with Nampa Meridian: Kuntz: The second item is the Master Pathway Agreement with changes resulting - or results from the meeting with Ada County and Meridian and Boise Parks Departments. Our City Attorney has approved it and I believe it meets with his approval for your consideration tonight. Bird: Any questions? Mr. Nichols, do you want to publicly say that that's a good contract? Nichols: Mr. President, members of the Council. I won't go that far. I will say that it's been through several revisions and like anything else that's submitted to different lawyers, each has had their own input into it. I think we've got it down to the acceptable level. Wouldn't you say, Tom, in terms of dealing with the sometimes contentious Nampa Meridian Irrigation District and at least we've got the structure there for future pathway licenses that would fit with this. This thing has been through the mill for several months now, back and forth. I'm comfortable with it. Bird: I've got one question on this. On Item 19, and maybe this is right, but any notices or mail or anything - certified or stuff is going to the Parks Department instead of City Hall. Nichols: President Bird, I am not sure, but it would be really easy to change that to say that - Bird: Well, what do you think? Kuntz: It should go to City Hall. Nichols: We'll just have them change that to the - because it says "to the City of Meridian." It has the wrong address. That's the problem. Bird: Yes, that's what I was thinking. It's the wrong address. If I was Tom, I wouldn't want that responsibility and crap coming to me. Council, what's your pleasure? ( Meridian City Council Meeting November 812000 Page 70 Anderson: Mr. President, I would make a motion that we approve the Master Pathway Agreement between Nampa Meridian Irrigation District and the City of Meridian and authorize the Mayor to sign and the Clerk to attest. McCandless: Second. Bird: It's been moved and seconded to accept the Master Pathway Agreement with Nampa / Meridian and the City of Meridian and for the Mayor to sign and the Clerk to attest. With no discussion, is everybody in favor? Say aye. MOTION CARRIED: TWO AYES, ONE ABSENT. Bird: Okay, Tom. Kuntz: Before I enter the last item, Mr. President, I just want to request that we be allowed to come to Pre-Council on November 21st at 6:00 to meet with the Parks and Recreation Commission and our consultant on the Action Plan - that we have some really urgent issues that need the Council's direction on. Maybe this isn't the appropriate time, but I just want it to go on the record that it's really important that we schedule that time if possible with the Council. Bird: Pre-Council, Tom, on the 21st? Kuntz: Yes, preferably 6:00 p.m. Bird: Have you got that, Clerk? Berg: Are you going to make decisions? Why I asked that is we might as well just have a Special Meeting and just do it. Bird: Are you going to want a decision, Tom? Kuntz: Yes, sir. Bird: We'd better just ask the Mayor if it's okay with him. Kuntz: Okay. Bird: We'll take care of it, Tom. Kuntz: If it could be next week, that would be great, but I was told there's really no time or place. Anderson: When you're talking about bringing a Parks and Recreation Commission and that, that's going to take more time than a Pre-Council - is boom, boom, boom, boom. It sounds like you're wanting to discuss something that's going to take more time. ( Meridian City Council Meeting , November 812000 Page 71 ( Kuntz: Yes, sir. Anderson: I don't think the Pre-Council is the format to do it. McCandless: Well, what time does the P and Z meet? 7:30 p.m.? Bird: They should meet on Tuesdays. Ron is talking about a week from today. This is a Wednesday. McCan-dless: That's what I said. What time do they meet? Anderson: Yes, I don't care. I'd just as soon get it over with. Berg: We can work out some dates options. Kuntz: I was told that the Council was tied up next Wednesday, Thursday and Friday. Bird: What for? I think the Mayor is out of town - that energy thing. Kuntz: That would be great if we could do it next week. Could I just work with the City Clerk? Bird: Yes, you and the City Clerk work with the Mayor and see what we can come up with. 3. Generations Building property-line Discussion: Kuntz: Thank you. The last item I have for your consideration - you should have a memo in regards to the Generations building encroachment. It's a difficult situation and I think our City Attorney may have some suggestions on how we can resolve the problem. Nichols: Mr. President, members of the Council. My recommendation would be to do an Encroachment Agreement and be done with it. Technically, if we make it a sale of the three inches or four inches or whatever it is, then it becomes a major process of appraisal and so forth if we just simply call it an Encroachment Agreement and they pay us some reasonable consideration and then we're done. It, in effect, takes away three inches or four inches or whatever along that side of City property and perpetuity for as long as the next buildings up. In the overall scheme of things, I don't think it's worth trouble of actually selling it. Just do an encroachment. Bird: Council. What's your pleasure? Meridian City Council Meeting November 812000 Page 72 Anderson: So the option is not one that's listed on here, then? It's not to sell it. It's to sign an Encroachment Agreement? Nichols: Councilman Anderson, that's correct. That way, we've got the - they have the ability at the point of the Encroachment Agreement. It's like a party wall agreement. At that point, they can go ahead and proceed with their construction. We could clean it up and do the boundary line adjustment and do the thing that's so forth later on, but I think it's just as easy to go ahead and do the encroachment. It's less trouble. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we have the City Attorney draw up an Encroachment Agreement for the building that's being built by Stuart Lanney and Benoit next to Generations Plaza and authorize the Mayor to sign and the Clerk to attest. Bird: Do I hear a second? McCandless: Second. Bird: Okay. Any discussion? Hearing none. Let's vote on the motion made for the Generations building property line encroachment. All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. Bird: Any more, Tom? Kuntz: No. Thanks a lot. Item C. Fire Chief - Chief Bowers: 1. Ten Mile Fire Station Owner/Contractor Agreement: Bird: Thank you, Tom. Mr. Bowers. Bowers: Acting Mayor and or President Bird, City Council members. The first item we have is the Ten Mile Fire Station Agreement between the owner and the contractor. Bill Nichols has went through it and found out the risk insurance was not put in there this time. He has went to a couple seminars in the last year and he has found out that there is some different things on risk management insurance now and some different things on the AlA Contract. We will make sure ( Meridian City Council Meeting \ November 8, 2000 Page 73 that anything in the future will have that in it. At this time, I would like to have the Mayor and Will to sign it and attest it if that's approvable by you guys. Bird: Hadn't we already agreed upon that with just - haven't we already agreed on that contract? Anderson: Yes, but it hasn't been signed by the Mayor. Bird: The only thing was Bill was going to check in to see about the Builder's Risk, but we had passed on it. Do we need to pass it again, Bill? Nichols: Mr. President, members of the Council. I can't remember now if the motion was to approve it subject to my review or if it was descended to me for review. I can't remember. If you want to double ch'eck, go ahead and make your motion. Do it over again and then it's done and then we know we're going forward just in case - Anderson: We're already a month behind where we wanted to be with this thing, so I'll go ahead and make the motion to authorize the Mayor to sign and the Clerk to attest on the agreement between the City of Meridian and the Contractor in this case who is K.J. Incorporated for the construction of the Ten Mile Fire Station. McCandless: Second. Bird: Moved and seconded to accept the contract between K.J. and the City of Meridian for the Ten Mile Fire Station. All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. Bowers: We're going to try to have a ground breaking next Friday in the afternoon - 1 :00 or 2:00, we'll put a notice in your box as soon as possible. Bird: On the 17th? 2. Memorandum of Understanding: Bowers: Yes. Item No.2 is a memorandum of Understanding. This is between the Meridian City Rural Fire and the Local 2311. Basically what this is is to take the position of the Fire Marshal out of the Union because in the future he will be having supervisory position. We sent the contract to Bill Nichols. He made a few changes and it came back that the Union has approved it. I would like to have the City. The Rural has looked at it. Anderson: Mr. President. {\ Meridian City Council Meeting November 8, 2000 Page 74 Bird: Mr. Anderson. Anderson: I would like to make a motion that we approve the memorandum of understanding between the Fire Fighters Local 2311 and the City of Meridian for removing the Fire Marshal's position from within the local and authorize the Mayor to sign. McCandless: Second. Bird: Motion made to authorize the memorandum of understanding with the local Union regarding the Fire Marshal's job description. All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. Bird: I think Kenneth has one more thing that wasn't listed on the deal. 3. Agreement with Green Consultants Bowers: Yes, I sure do. The third thing is a contract between Green Consulting and the City of Meridian. This is where we'd like to hire Rich Green as our consultant on our plans to do the building plans for the City of Meridian - *** End of Side 5 *** Bowers: Bill Nichols has come up with a contract wording for us.. Rich Green signed it. He was supposed to have signed it as of yesterday. He did. Bill said he did sign it and we're trying to track it down, but we would like to have the Mayor to sign it and Will Berg to attest it,. if possible. Bird: Council, when - Kenny, before the deal - Him and Bill and I were talking about this. We need to get this guy on line because we're getting behind. I don't know how you two feel. I feel very comfortable if Bill has agreed upon it, looked at it and the guy has signed it. I don't know why we can't have the Mayor sign it. I don't need to read it. Let's put it that way. I got enough faith in Mr. Nichols that I would never have to worry about it. Anderson: I agree. If it's reviewed by our legal counsel, he's going to look out for our interests. I would have no problem with making a motion to have the Mayor sign and the Clerk to attest the agreement to hire Green Consulting to do our plans review for our Fire Department subject to the approval of the City Attorneys. McCandless: Second. Bird: Now, discussion. ( Meridian City Council Meeting \ November 81 2000 Page 75 ( Nichols: Councilman Anderson, President Bird, members of the Council. I drew the contract, so I approve it. Bird: So we can take that out of the motion, then. Agreed? McCandless: Agreed. Bird: All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. Bird: I don't see anything left on the list. Gary, have you got anything? Smith: No, sir. Bird: Captain Musser? Musser: No, sir. Bird: Tom, Kenneth, City Clerk, Mrs. McCandless, Mr. Anderson. Anderson: Kenny, on this deal from Materials Testing. That was approved in the Consent. I have nothing. Bird: I sure don't, so I would entertain a motion for adjournment. Anderson: So moved. McCandless: Second. Bird: All in favor? MOTION CARRIED: TWO AYES, ONE ABSENT. MEETING ADJOURNED AT 11 :50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) - -'_ ILLIAM G. BERG, JR., '1'- i ( \ " \ ~\ \. \ BEFORE THE MERIDIAN CITY COUNCIL Revised C/C 11-08-00 IN THE MATTER OF THE ) APPLICATION OF GOLD ) RIVER COMPANIES, INC., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 12.73 ACRES FOR VALERI ) HEIGHTS SUBDIVISION FROM ) R-T TO R-15 i\ND L-O, ) LOCATED AT THE ) NORTHEAST CORNER OF W. ) PINE STREET AND S. TEN ) MILE ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-OO-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public heari11g on May 16, 2000, and tabled to JU11e 6, 2000, June 20, 2000, and July 18,2000, and then re-noticed for August 15,2000, and continued until August 22,2000, and C011ti11ued ul1til September 19, 2000, at the hour of 7:30 p.lU., and at the May 16,2000 lueeting Shari Stiles, Planning a11d Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was David Bailey, Pat Dobie-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 GOLD RIVER COMPANIES, INC. / (AZ-OO-006) i \ testifying with comments or concerns were: Erma Calhoun Atldnson, Riclc 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 l<ritchville, and Daren McNatt, and the matter was continued until August 22,2000 and again to 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 Wellcer, 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 Hacl(stetter, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, IUtty Corbol, Mark Lines, Rick Jensen, Charlene Chanos, John Egan, Darreld<. Webb, Seth Myer, Maryel Nelson, David Atldnson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley, Devon Everhart, and Steven Martin, and the City Council having duly c011sidered the evidence and the record in this matter therefore malces 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/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ('. l 1 scheduled for 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 continued until August 22, 2000 and again to September 19,2000, 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 continued until August 22,2000, and again to September 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 tal(es judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-00-006) ( ( development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian 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 east, west, and south by Ada County and city limits of the City of Meridian are adjacent and abut to the north of the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: multi-family apartlnents, townhouses, and office complex. 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 of all persons testifying at the public hearings, 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 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) (. ',. Adopt the Recomlnendations of Planning and Zoning and Engineering staff as follows: 16.1 Any existing domestic wells and/or septic systelTIS 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-af-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 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. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 16.4 D'eveloper shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. 16.5 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 functional streets, the Commission may be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) (- \ 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.) 16.6 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 3611 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: 16.7 All requirements within the Site Specific Requirements and Standard Requirements shall also be met;, except to the extent lTIodified by any findings or order adopted by the Meridia11 City Council. Adopt the Comments of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: 16.8 Development of a transportation management plan in coordination 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. 16.9 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 walldng to and from school (across Pine Street). Adopt the action of the City Council from their September 19,2000, meeting as follows: 16.10 The property shall be subject to de-annexation to the previous RT zone if the property is not developed as agreed and assured by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) in the companion preliminary plat and conditional use permit applications for this same property. 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 maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as (R-lS) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( 'r 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 Meridjan 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( 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 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may tal(e 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( 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 malce 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) 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 parl( or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominate housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condomini urns. and (L-O) Limited Office District: The purpose of the L-Q District is to permit the establishnlent 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 ldnd 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer systelTI of the City is a requirement in this District. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use pennit is required for Applicant to construct and develop a multi- family apartment, townhouse 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( '( 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 tal(e effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the 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 unrecorded; 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 GOLD RIVER COMPANIES, INC. / (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 service 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 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( ( irrigation. 3.2 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 Worl(s Department. No variances have been requested for tiling of any ditches crossing this project. 3.3 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 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. 3.4 Developer shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. 3.5 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 functional 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.) 3.6 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( 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. 3.7 Developer shall met all requirements within the Site Specific Requirements and Standard Requirements of the ACHD's letter of August 15,2000; except to the extent modified by any findings or order adopted by the Meridian City Council. 3.8 Development of a transportation management plan in coordination 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. 3.9 In addition to the ACHD requirements, cross walles 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). 3.10 The property shall be subject to de-annexation to the previous RT zone - if the property is not developed as agreed and assured by developer in the companion preliminary plat and conditional use permit applications for this same property. 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 S 11-7-2 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( \ appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please tal<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an illterest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the g-f/r.. day of ;./&ven-6 U- , 2000. ROLL CALL ' COUNCILMAN RON ANDERSON VOTED~"-/ COUNCILMAN ICEITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~ COUNCILMAN CHERIE McCANDLESS VOTED ;t/JL FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ( ( t MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: /1-,$-00 VOTED <------ MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs Department and the City Attorney. Dated: ~nAL ~~ i.:.1.!~ msgjZ:\W ork\M\Meridian\Meridian 15360M\ Valeri Heights AZ\AZFfClsOrderTwo.wpd ~ ~ !J:: -S ~~Q, ~) 0$ ~ "'0 ~:ar 1S~ · -<- ,';' ~,,"1 i ~~ ~,~.' .....",;11'\ OOUfrn~ t . \,\"" 40/1 . \\' J1Jl-H;a nH\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN Revised C/C 11-08-00 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR VALERI HEIGHTS ) SUBDIVISION ) ) BY: GOLD RIVER COMPANIES, ) INC., APPLICANT ) ) ) Case No. PP-OO-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 16, 2000, and tabled to JU11e 6, 2000, June 20, 2000, and July 18,2000, and then re-noticed for August 15,2000, and continued until September 19,2000 at the hour of 7:30 p.m., at the May 16,2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared a11d testified, and appearing on behalf of the Applicant were David Bailey, Pat Dobie, Traffic Engineer, Scott Harrison- Project Designer, and Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and testifying with comments or concerns were: Irma Calhoun Atldnson, Rick Lalubert, Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPA1\!IES, INC.. / VALERI HEIGHTS SUB. (PP-OO-OOS) - I ( 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<ritchville, and Daren McNatt, and at the September 19,2000 meeting Shari Stiles, Planning and Zoning Administrator appeared and testified, and and those appearing in favor of the project were: Jennifer Berfile, John Calhoun, Vicld Fuller, Robert Welker, Amber I(ems, Jeff Strouhs, Carrie Rudy, and Steve Bravo, Dave Fuller, Michael Marceeze, Colleen Calhoun, and David Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atkinson, Lynn Hackstetter, IGrl( Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I(aty Corbol, Mark Lines, Ricl( Jensen, Charlene Chanos, John Egan, Darreld( Webb, Seth Myer, Maryel Nelson, David .Atkinson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley, Devon Everhart, and Steven Martin, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clarl(, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning COlnmission and the applicant having submitted the "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, Drawn By: DAB, Checked.By: David A. Bailey, P.E., Project No. C9913, Sheet PP-l, for Valeri FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 2 Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Councilluakes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Medium High Density Residential District (R-15) and Limited Office District (L-O), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 3 ( 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attentio11. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7 . The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, Drawn By: DAB, Checl(ed By: David A. Bailey, P.E., Project No. C9913, Sheet PP-l, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION". DECISION AND ORDER FINDINGS OF F.ACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP..OO-005) .. 4 ( ( Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, Dravvn By: DAB, Checked By: David A. Bailey, P.E., Project No. C9913, Sheet PP-l, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning and Engineering Department Recommendations as follows: 2.1 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malee any corrections necessary to conform. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.4 Sanitary sewer service to this site shall be via extensions from existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 5 mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. Sewer manholes are to be provided to l(eep the sewer lines on the south and west sides of the centerline. 2.5 Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.6 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orl(s Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.7 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hool(-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.8 Show all existing easements for irrigatiorvdrainage facilities located within the boundaries of this proposed development. 2.9 Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 6 (--- ( map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 2.10 Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building pennits. The Planning and Zoning Commission further requires: 2.11 Ada County Highway District three-lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 2.12 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. Adopt the Recommendations of the Ada County Highway District as follows: 2.13 Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 2.14 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.15 Construct a 30-foot wide driveway on Pine Street, located as proposed, approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.16 Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100-feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 7 ;" I storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Additionally, Applicant to design and construct a left-turn lane from Pine Street onto Ten Mile Road. 2.17 Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Additionally, Applicant shall design and construct a left-turn lane from Ten Mile Road onto Pine Street. 2.18. Construct Gray Cloud Way to connect to an existing stub street at the north property line. 2.19 Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave the driveways their full width of 24 to 3D-feet and at least 3D-feet beyond the edge of pavement. 2.20 Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. 2.21 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewallcs within 50- feet of right-of-way. 2.22 Construct a 5-foot wide concrete sidewallc on Pine Street abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.23 Construct a 5-foot wide concrete sidewallc on Ten Mile Road abutting the site within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 2.24 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 8 ( 2.25 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 2.26 Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.27 Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 2.28 Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 2.29 Payment of applicable road impact fees are required prior to building construction. 2.30 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 2.31 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.32 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 9 ( 2.33 Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 2.34 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 2.35 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 2.36 Applicant additionally meet the requirements within the ACHD's letter of August 15,2000; except to the extent modified by any findings or order adopted by the Meridian City Council. Adopt the Recommendation from the Meridian City Fire Department as follows: 2.37 Access to the end apartments to pull hoses will need to be improved. Adopt the Recommendations from the N ampa & Meridian Irrigation District: 2.38 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations from the Community Planning Association of Southwest Idaho (COMPASS) as follows: 2.39 Develop a transportation management plan in coordination with ACHD Commuteride Program. The transportation management plan shall 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 10 ( ( reduction goals. 2.40 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 walldng to and from school (across Pine Street). Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so cOluplyas follows: 2.41 Install a traffic signal at Ten Mile Road and Pine Street. 2.42 Redesign the office building to mal(e the exterior more attractive by using decorative window and door styles on all sides of the buildillg; provide a weather access and a "cut-through" through the building from the parld.ng lot to the traffic signal. 2.43 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 2.44 Increase setbacl<s for garage buildings to 15 feet. 2.45 Reduce the number of garage units by at least two, down from 161 to 159, to increase open space and landscaping. 2.46 In.stall sidewall<.S on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 2.47 Restrict the right to mal(e application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 2.48 Make 20 family memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights H'omeowners' Association. 2.49 Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 11 ( ( Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 2.50 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with a left turn lane and sidewallcs on Ten Mile. 2.51 Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles. 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. a./~ .'~~ fl y action of the City Council at its regular meeting held on the C/ - day of ~elv~ ,2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID ~D SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 12 , , \ ( ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN I<EITH BIRD VOTED ~'-" COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED Aly MAYOR ROBERT D. CORRIE (Tie Breal(er) VOTED /JLD17~; ~hJved- ~ ~7"ajJ~~cL_ M II-g-oo Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. . \\\\\\\\\U-lffll1l1lllll ....,....'\;. ~ Of M~~ 11/// ,,"' ~ ~A'1 ......,.. ~ CJ o~p~ -'''b ~~ ~ ~o % ~ Dated: / / -- g -(}{) I SEAL ~ iI By. ;J!L::. ~ ~~ ~. City Clerk - ~ . ~ j7~ l? g ;. '"1.:' '"Q(" ,,OJ '.D .s- ~ ~ ,(3-' 1S't. . ~ ;~ ....." . -, b.:: .~. 41..... ~ .<'\l{- " ~/^ 'TV ,"" ,-" # II t I' \\." IJ IlniB 'utn:\\.\\\ msg/Z:\W o rk\M\M eri di an\Meridian 153 60M\ Valeri Heights AZ\FfClsOrd.PP .wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-OO-005) - 13 ( "S BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI- FAMILY TO"'~OUSE/OFFICE VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O LOCATED AT THE NORTHEAST CORNER OF W. PINE STREET AND S. TEN MILE ROAD, MERIDIAN, IDAHO BY: GOLD RIVER COMPANIES, INC. APPLICANT. Revised C/C 11-08-00 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-OI4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having corne before the City Council on 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 continued until August 22,2000, and again until September 19,2000, at the hour of 7:30 p.In., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and at the May 16, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the' Applicant were David Bailey, Pat Dobie-Traffic Engineer, Scott Harrison- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS ,SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - I ( ( Project Designer, and Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and testifying with comments or concerns were: Erma Calhoun Atl<inson, Ricl(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<ritchville, and Daren McNatt, and the matter was continued until August 22, 2000 and again until September 19,2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and those appearing in favor of the project were: Jennifer Berflle, John Calhoun, Vicki Fuller, Robert Wellcer, Amber I(erns, Jeff Strouhs, Carrie Rudy, and Steve Bravo, Dave Fuller, Michael Marcceze, Colleen Calhoun, and David Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atl<inson, Lynn Haclcstetter, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael Carthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I<aty Corbol, MarIe Lines, Riclc Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David 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 Inatter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby malees the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 2 ( (r FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 16,2000, and tabled until June 6, 2000, June 20, 200, and July 18, 2000, and then re-noticed for August 15, 2000, and continued until August 22, 2000, and again until September 19, 2000, before the City Council, the first publication appearing and vvritten notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen ( 15) days prior to said hearing and with the notice of public hearing having been posted upon the property under. consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 16,2000, and tabled until June 6,2000, June 20, 200, and July 18,2000, and then re-noticed for August 15, 2000, and continued until August 22, 2000, and again until September 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 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 3 ( ( evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed vvith the staff report. 3. This proposed development request is in Medium High Density Residential District (R-I5) and Limited Office District (L-O), by reason of the provisions of the Meridian City Code S 11-17 -4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast comer ofW. Pine Street and S. Ten Mile Road, Meridian, Idaho. 5. The owner of record of the subject property is David and Shirley Fuller of Meridian. 6. Applicant is Gold River Companies, Inc., of Meridian. 7. The subject property is currently zoned R-T Rural Transitional. There is an application for annexation and zoning to Limited Office (L-O) and Medium High Density Residential (R-15) before the City Council. The zOlung districts of R-15 and L-Q are defined vvithin the City of Meridian Zoning and Development Ordinance, Section 11-7 - 2E and G. 8. The proposed application requests a conditional use permit for a multi -family apartment/toWQhouse/office complex. The R-15 and L-O zoning designations vvithin the City of Meridian Zoning and Development Ordinance require a conditional use permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RlVER COMPANIES1 INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 4 ( (~--. obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. Reese Walter and Andrea Walter both testified against the project at the Planning and Zoning meeting. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordina11ces codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not ilnpose expense upon the public if the following conditions of development are imposed and the following is also found to be required to lnitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 5 f \ ( A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bull(, parldng, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. c. Front, street and side yard setbaclcs 13.1 Off-street parl<ing shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 13.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 13.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance Section 11-13-4C. 13.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 6 /- f 13.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 13.7 All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 13.8 Screened trash enclosures shall be provided in accordance with Ordinance 11-12-1C. 13.9 Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. 13.10 Areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. 13.11 One (1) additional parldng space beyond that which is required by the Zoning Ordinance Inay be required for every three (3) dwelling units to accommodate visitor parking. Parking areas may be no closer than four feet (4') to any established street or alleyway. 13.12 An approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. 13.13 Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 13.14 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 13.15 Handicap parl<ing, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 7 13.16 If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 13.1 7 There are a 27 contiguous parldng stalls on the east side of the north VYing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parldng. 13.18 Sllbmit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 13.19 Coordinate fire hydrant placement vvith the City of Meridian Public Works Department. 13.20 Applicant shall be required to enter into a Re-Assessment Agreement vvith the City of Meridian for all commercial uses. 13.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and tlirough this proposed development. Subdivision designer to coordinate main sizing and routing vvith the Public W orl<s Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 13 .22 Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing vvith the Public Works Department. Provide the Public W orl<5 Department vvith information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains shall be monitored vvith the Meridian Water Department. 13.23 T"'No-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 8 ( ( streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 13.24 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the p:t:oposed landscaping. Due to the landscape area, primary water supply c~nnection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 13.25 Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 13.26 Detailed landscape plans for the conunon areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to, signature on the final plat. 13.27 Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building pennits. 13.28 Ada County Highway District three-lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 13.29 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 13.30 Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required pennits) whichever occurs first. 13.31 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-IS AND L-O / (CUP-OO-OI4) - 9 / execution of a warranty deed prior to issuance of a building pennit (or other required pennits), whichever occurs first. 13.32 Construct a 3D-foot wide driveway on Pine Street, located as proposed, approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with IS-foot radii abutting the existing roadway edge. 13.33 Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of IOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 13.34 Construct a center turn lane on Ten Mile Road for the Lightning Wayffen Mile Road intersection. Construct the lane to provide a minimum of lOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 13.35 Construct Gray Cloud Way to connect to an existing stub street at the north property line. 13.36 Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave the driveways their full width of 24 to 3D-feet and at least 30-feet beyond the edge of pavement. 13.37 Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. 13.38 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewall<.s within 50- feet of right-of-way. 13.39 Construct a 5-foot wide concrete sidewalk on Pine Street abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 10 / I 13.40 Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewallc with District staff. 13.41 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 13.42 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 13.43 Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 13.44 Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement sD.all result in a substantial hardship or inequity. 13.45 Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 13.46 Payment of applicable road impact fees are required prior to building construction. 13.47 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 13.48 Applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-Q / (CUP-OO-OI4) - II 13.49 Construction, use and property development shall be in conformance with all applicable requireInents of the Ada County Highway District prior to District approval for occupancy. 13.50 Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 13.51 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 13.52 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 13.53 Applicant additionally meet the requirements within the ACHD's letter of August 15,2000. 13.54 Access to the end apartments to pull hoses will need to be improved. 13.55 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: 13.56 All codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: 13.57 Develop a transportation management plan in accordance with ACHD Cbmmuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 12 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. 13.58 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 walldng to and from school (across Pine Street). Adopt the Recommendations of the Central District Health Department as follows: 13.59 Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 13.59.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 13.59.2 Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public W orlcs Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 13.60 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 functional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 13 ( ( approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 13.61 Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision worl<. The stop sign installation shall require 36" by 36" srrop signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 1811 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: 13.62 Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: 13.63 Applicant shall be required, with the two northern most apartment btlildings, to eliminate the third floor, with corresponding reduction in the number of apartments, and make that apartment building a two story building. The entire complex shall have a total of 120 units, a reduction of 8 units from the request of 128. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13,2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 13.64 Install a traffic signal at Ten Mile Road and Pine Street. 13.65 Redesign the office building to make the exterior more attractive by using decorative windows and door styles on all sides of the building; provide a weather access and a "cut-through" through the building from the parking lot to the traffic signal. 13.66 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 14 ( I ( 13.67 In.crease setbacl<.s for garage buildings to 15 feet. 13.68 Reduce the number of garage units by at least two to increase open space and landscaping. 13.69 Install fire gates between the project and Thunder Creek. 13.70 Install sidewalks on the east side ofTen Mile Road between Thunder Creek and the LDS Church. 13.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 13.72 Make up to 50 IneInberships available, on a paid basis, to the neighbors of the Thunder Creel( Subdivision in the Valeri Heights Homeowners' Association. 13.73 Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 13.74 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with left turn lanes and sidewall<.s on Ten Mile. 13.75 Gray Cloud Way shall be gated with a security gate which would allow aCcess only to pedestrians, bicycles and emergency vehicles. 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. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER. COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L..O / (CUP-OO..OI4) .. 15 ( 14.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed Residential". 15. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. s67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 16 , ' / 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use pennit to detennine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-1 7-3) a. Will, in fact, constitute a conditional use as detennined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 17 / I { d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the cOInmunity; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Limited Office District (L- 0) and Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use pennit all in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 18 / ( ( and the Council may approve, deny, or modify the recommendation of the Commission. " 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; c. Control the duration of developnlent; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 19 j t f / the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a multi-family townhouse/office Valeri Heights Subdivision, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bull(, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standard's and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. c. Front, street and side yard setbacl<s FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 20 / C f I 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance Section 11-13-4C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1. 7 All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 1.8 Screened trash enclosures shall be provided in accordance with Ordinance 11-12-1C. 1.9 Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and a\7ailable to all occupants of the private units within the PD. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 21 / 1.10 Areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. 1.11 One (1) additional parldng space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. Parking areas may be no closer than four feet (4') to any established street or alleyway. 1.12 An approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. 1.13 Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 1.14 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 1.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.16 If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 1.17 There are a 27 contiguous parldng stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parking. 1.18 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Mal<.e any corrections necessary to conform. 1.19 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AN:D L-O / (CUP-OO-OI4) - 22 " ( ( 1.20 Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 1.21 Sanitary sewer selVice to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to lceep the sewer lines on the south and west sides of the centerline. 1.22 Water selVice to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orl<s Department. Provide the Public W orl<s Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water selVice to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 1.23 Two-hundred-fifty- and lOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All st(eetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.24 U,nderground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primal)' source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.25 Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 1.26 Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 23 / r ( submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 1.27 Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 1.28 Ada County Highway District three-lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 1.29 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 1.30 Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road atlutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.31 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.32 Construct a 3D-foot wide driveway on Pine Street, located as proposed, approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Pine Street and install paveInent tapers with IS-foot radii abutting the existing roadway edge. 1.33 Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.34 Construct a center turn lane on Ten Mile Road for the Lightning WaylTen Mile Road intersection. Construct the lane to provide a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 24 / minimum of IOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.35 Construct Gray Cloud Way to connect to an existing stub street at the north property line. 1.36 Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave the driveways their full width of 24 to 30-feet and at least 30-feet beyond the edge of pavement. 1.37 Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with DIstrict staff. 1.38 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewallcs within 50- feet of right-of-way. 1.39 C.onstruct a 5-foot wide concrete sidewalk on Pine Street abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.40 Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 1.41 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 1.42 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.43 Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER. COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 25 ( (- 1.44 Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 1.45 Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 1.46 Payment of applicable road impact fees are required prior to building construction. 1.47 AU design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 1.48 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 1.49 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.50 Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 1.51 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the ACHD. Applicant shall be responsible to obtain written confirmation of any ch.ange from ACHD. 1.52 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 26 / ( plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 1.53 Applicant additionally meet the requirements within the ACHD's letter of August 15,2000. 1.54 Access to the end apartments to pull hoses will need to be improved. 1.55 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: 1.56 All codes, hydrants, fire sprinlder systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: 1.57 Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peal( hour traffic, and also provide short and long term scenarios for trip reduction goals. 1.58 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). Adopt the Recommendations of the Central District Health Department as follows: 1.59 Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground FINDINGS OF F.L\CT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 27 ( ( water and surface water quality. Engineers and architects shall obtain current best managelnent practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1.59.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public W orlcs Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 1.60 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 functional 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.) 1.61 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 3611 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: 1.62 Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-Q / (CUP-OO-OI4) - 28 / ( Adopt the action of the City Council from their September 19, 2000 meeting as follows: 1.63 Applicant shall be required, with the two northern most apartment buildings, to eliminate the third floor, with corresponding reduction in the number of apartments, and malce that apartment building a two story building. The entire complex shall have a total of 120 units, a reduction of 8 units from the request of 128. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, .2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 1.64 Install a traffic signal at Ten Mile Road and Pine Street. 1.65 Redesign the office building to make the exterior more attractive by using d~corative window and door styles on all sides of the building; provide a weather access and a "cut-through" through the building from the parking lot to the traffic signal. 1.66 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 1.67 Increase setbaclcs for garage buildings to 15 feet. 1.68 Reduce the number of garage units by at least two to increase open space and landscaping. 1.69 Install fire gates between the project and Thunder Creek. 1.70 Install sidewalks on the east side of Ten Mile Road between Thunder Creelc and the LDS Church. 1.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 1.72 Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) .. 29 ,/' ( ( 1.73 Continue to worlc with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 1.74 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with left turn lanes and sidewalks on Ten Mile. 1.75 Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles. 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17 -9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use' permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City ClerIc and then a copy served by the ClerIc upon the applicant, the Planning and Zoning Department, the Public W orlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-00-014) - 30 ( ( who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 8 ./"- By action of the City Council at its regular meeting held on the day of ;</of/el?'l-~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ COUNCILPERSON lCEITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~'- COUNCILMAN CHERIE McCANDLESS VOTED ;11~ (/ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: II--B--OO --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-014) - 31 ( ( MOTION: APPROVED:~- DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orles Department and the City Attorney. \\\\tlllrn"'/I \\' '1 "~\.\\..J Of ~~III/.Ii1: ~ /~~~~~~~ ... ~ ~<:>--:. By:, ~~I3e-~n9f SEAnht: \/I-IJ--t7[) City Clerk (I % '? l';) j ~ \.. ~" ,cfi '.0 ~ \"'().A~,t&r 1~ ' ~ .'~ ?" ~ ..<'\ ~ .:.r ,.....",,,. 00, ~rrV . "" "", /)1 Vf~ t' \\\. 11114.fJ.; H .~HH\ \\\ msg/Z:\W ork\M\Meridian\Meridian 153 60M\ Valeri Heights AZ\CUPFindings 14.wpd FINDINGS OF Fi\CT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L-O / (CUP-OO-OI4) - 32 ( ~~ <.-/ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) GOLD RIVER COMPANIES, INC., FOR A ) CONDITIONAL USE PERMIT FOR MULTI. ) FAMILY TOWNHOUSE/OFFICE VALERI ) HEIGHTS SUBDIVISION ZONED R-15 AND ) L-O LOCATED AT THE NORTHEAST CORNER) OF W. PINE STREET AND S. TEN MILE ROAD) MERIDIAN, IDAHO ) ) Revised C/C 10-08-00 CASE NO. CUP-OO-OI4 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PE~rt 'I.~{:_-'~ ,T" This matter coming before the City Council on the 5th day of SepteInber, 2000, under the provisions of Meridian City Code S 11-17 -4 for final action on conditional use perInit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council tal(es the following action: 1. That the Applicant of the property is granted a conditional use permit for a multi-family townhouse/office Valeri Heights Subdivision, the proposed applicatioI1 request of a conditional use perInit for the construction, development, maintenance and use for a multi-family townhouse/office Valeri Heights Subdivision, as described in the "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERIC OFFICE, Drawn By: DAB, Checl(ed By: David A. Bailey, P.E., Project No. C9913, Sheet PP-l, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION", for the development of the aforementioned planned commercial development for a commercial development consisting of a multi-family townhouse/office Valeri Heights Subdivision and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( ( (R-15) Medium High Residential District: A parcel of land situated in a portion of the S 1/2 of the NWl/4 of Section 11 T.3N., R. I W., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marldng the W 1/4 comer of said Section 11, thence along the West line of said NW 1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch rebar; Thence N 80040'45" E a distance of 344.45 feet to a point; Thence S 61001'27" E a distance of 14.33 feet to a point; Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NWl/4 N 89010'57" W a distance of 485.79 feet to a point; Thence leaving said Section line N 00049103" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11 051 '28" E to a point; Thence N 22053'52" E a distance of 51.44 feet to a point; Thence N 67006'08" W a distance of 43.08 feet to a point; Thence N 89010'57" W a distance of 156.38 feet to a point; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( \ Thence N 00025'27" E a distance of 273.96 feet to a point; Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and (L-O) Limited Office District: A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section 11, T. 3N., R. 1 W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W 1/4 corner of said Section, thence along the West line of said NW1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marl<.ing the NW corner of said Section bears N 00025'27" E a distance of 2196.33 feet; Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point; Thence S 0025'27" W a distance of 273.96 feet to a point; Thence S 89010'57" E a distance of 156.38 feet to a point; Thence S 67006'08" E a distance of 43.08 feet to a point; Thence S 22053'52" W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11 051 '28" W to a point; Thence S 0049'03" W a distance of 86.04 feet to a point; Thence along the South line of said NW1/4 N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14 BY GOLD RlVER COMPANIES, INC. / CUP-OO-014 ( Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2. That the above named applicant is granted a conditional use pennit for a multi- family townhouse/office Valeri Heights Subdivision, located at the Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Pinal Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parldng, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. c. Front, street and side yard setbacks 1. 1 Off-street parldng shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 1.2Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( ( 1.40utside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance Section 11-13-4C. I.SAIl signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, ban11ers or flashing signs will be permitted. 1.6Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1.7 AIl construction shall conform to the requirements of the Americans with Disabilities Ac~ and Fair Housing Act (for residential units). 1.8Screened trash enclosures shall be provided in accordance with Ordinance 11-12- lC. 1.9Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of- way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. Required landscape setbacl(s on Ten Mile Road and Pine Street shall not be included in these calculations. 1.10Areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living \lnits. 1. 11 One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parl<ing. Parking areas may be no closer than four feet (4') to any established street or alleyvvay. 1.12An approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 1. 13Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 1.14Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 1.I5Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.16If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 1.1 7There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parldng. I.18Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malee any corrections necessary to conform. 1.19Coordinate fire hydrant placement with the City of Meridian Public W orles Department. I.20Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 1.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.22Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 sizing and routing with the Public Worlcs Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 1.23Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orles Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.24Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed~ Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.25Showall existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 1.26Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 1.27Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 1.28Ada County Highway District three-lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( (- 1.29Landscape sprinlding in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 1.30Dedicate 48-feet of right-af-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.31 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.32Construct a 30-foot wide driveway on Pine Street, located as proposed, approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with IS-foot radii abutting the existing roadway edge. 1.33Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.34Construct a center turn lane on Ten Mile Road for the Lightning Wayffen Mile Road intersection. Construct the lane to provide a minimum of IOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.35Construct .Gray Cloud Way to connect to an existing stub street at the north property line. 1.36Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave the driveways their full width of 24 to 30-feet and at least 30-feet beyond the edge of pavement. 1.37Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( (- t 1.38Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewall<s within 50-feet of right-of-way. 1.39Construct a 5-foot wide concrete sidewalk on Pine Street abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.40Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewall< with District staff. 1.41lnstall a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 1.42Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.430ther than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.44Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 1.45Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 1.46Payment of applicable road impact fees are required prior to building construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( 1.47 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 1.48Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 1.49Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.50Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 1.51 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 1.52Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 1.53Applicant additionally meet the requirements within the ACHD's letter of August 15,2000. 1.54Access to the end apartments to pull hoses will need to be improved. 1.55The District's Eightlnile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( 1.56AlI codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: 1.57Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall 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. 1.581n addition to the ACHD requirements, cross walles 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). Adopt the Recommendations of the Central District Health Department as follows: 1.59Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre- treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water qualitYe Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management sy~stem for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1.59.2Stormwater Best Management Practices Guidebooke Prepared by City of Boise Public Works Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 11 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-OI4 / (\ 1.60The 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 functional 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. ) 1.61 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 36ft 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: 1.62Comply with any additional Site Specific Requirements and Standard Requirements bf ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: I.63Applicant shall be required, with the two northern most apartment buildings, to eliminate the third floor, with corresponding reduction in the number of apartments, and mal<e that apartment building a two story building. The entire complex shall have a total of 120 units, a reduction of 8 units from the request of 128. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 1.64Install a traffic signal at Ten Mile Road and Pine Street. I.65Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide a weather ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( ( access and a "c~t-through" through the building from the parldng lot to the traffic signal. 1.66Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 1.67Increase setbaclcs for garage buildings to 15 feet. 1.68Reduce the number of garage units by at least two to increase open space and landscaping. I.69lnstall fire gates between the project and Thunder Creelc. 1.70Install sidewallcs on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 1. 71 Restrict the right to malce application for any additional increase in the allowed R-I5 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. I.72Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creelc Subdivision in the Valeri Heights Homeowners' Association. 1.73Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 1.74Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with left turn lanes and sidewallcs on Ten Mile. 1.75Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( ( 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17 -8, a copy of which is attached to this permit. By act~o9- of the City Council at its regular meeting held on the /V&I/ef/:h/~ ,2000. g~{. day of . Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. .\\"\\ntlt.llnuIJ/l1/ \\\'\ Of MERllf'- "1/ .;,...."" ~ lV/A /.1' $'~' cY ~t"lD A '""f~ ~~ 2 ~o --~% ~ Dated: /1-g~tJ?J f ~ \ :;; ~ #, E ~ ~~;.- "\ ~O j ~.,--^ ~r 1~ t ~ Y,\- ~..... v"1,o .L'\~ ,,~' .1',.. ~. . 'v ,~ ././l'i]J -vurm · \\\\"" Illlli'lHt {lH\\\\ msg/Z:\Work\M\Meridian\Meridian 15360M\Valeri Heights AZ\CUPOrderl4 ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 14 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP-OO-014 ( j^:J1A COUNTY RECORDER J. O!\V!D HA\!I\RHO 3 ~:; : ~ ~, [n /\ ~ ~ (: .200D NO t 6 Prl I: 2 G f..~----'\oaOED~ REQUEST OF~ \\_ MERIDiAN Qll FEE~_OEPUTY W 'tn. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR VACATION OF THE EASEMENT ) COMMON TO LOTS 14,15,18 AND 19 ) OF BLOCIC 2 IN HONOR PARI( ) SUBDIVISION NO.3 IN A C-G ZONE, ) SOUTH OF FRANI<LIN ROAD ) ABUTTING THE WEST SIDE OF ) STRAFFORD DRIVE GENERALLY ) BETWEEN SCENERY LANE AND ) SCHILLER LANE, ) ) ) ) ) ) BRIGGS ENGINERING STEVE ARNOLD, APPLICANT C/C 10/17/00 CASE NO. VAC-OO-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF THE EASEMENT COMMON TO LOTS 14, 15, 18 AND 19 This matter corning on regularly before the City Council at its regular lueeting on the 17th day of October, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and no one appeared in opposition, and the Council having received the record from the Page 1 of 8 Findings of Fact and Conclusions of Law and Order of Vacation along the COInmon lot line between Lots 14, 15, 18 and 19 Blocl( 2/ Honor Parl( Sub. No.3 By: Steve ArnoldIBriggs Engineering for William A. Hon V AC-OO-008 ( ( Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received malces the following Findings of Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50- 1325}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to ~acate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (3001) of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, IS, 18 and 19 Bloclc 2/ Honor Park Sub. No.3 By: Steve ArnoldIBriggs Engineering for William A. Hon V AC-OO-008 Page 2 of 8 ( ( interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} I. Pursuant to Meridian City Code ss 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. B. Adlninistrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, IS, 18 and 19 Block 2/ Honor Park Sub. No.3 By: Steve ArnoldlBriggs Engineering for William A. Hon V AC-00-008 Page 3 of 8 ( Council for either approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with th.e County Recorder. FINDINGS OF FACT 1. Steve ArnoldlBriggs Engineering, on behalf of the owner of the property, William A. Hon, filed a petition for the vacation of a common to lot line, removal and vacation of all public utilities, drainage and irrigation easements along the lot line between Lots 14, 15, 18 and 19 of Blocl( 2 of Honor Parl( Subdivision No.3, as dedicated in the QuitClaim Deed from Beverly B. Hon to William A. Ron, recorded March 26, 1990, as Instrument No. 9015416. 2. The legal descriptions of the utility and drainage easements which are th.e subject of this petition are: Lots 14, 15, 18 and 19, Block 2, of Honor Park Subdivision No.3, Meridian, Idaho. Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Blocl( 2/ Honor Parl( Sub. No.3 -By: Steve ArnoldlBriggs Engineering for William A. Han V AC-OO-008 Page 4 of 8 ( 3. The particular circumstances of the requested vacation is: The vacation is requested to allow the single owner of these lots to construct buildings over the easements. The easements will not be required by the owner of these lots or the adjacent lots. 4. The names and, Relinquishment of Easements attached as Exhibit "A", of the affected by the petition to vacate include: 5.1 The applicant Steve Arnold/Briggs Engineering, Boise, Idaho, on behalf of the owner of the property, William A. Ron, Boise, Idaho, applied for the vacation application. 5.2 Consent to the vacation from InterITIOuntain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power, will need to be attached as Exhibit "A JJ, and will be the Relinquishment of Partial Release of Easements releases from the utility companies. 5. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 6. All affected utility holders have agreed to the requested vacation in writing. 7. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, 15, 1'8 and 19 Block 2/ Honor Parle Sub. No.3 By: Steve ArnoldIBriggs Engineering for William A. Hon V AC-OO-008 Page 5 of 8 ( (" \ DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following utility and drainage easement as depicted on the Record of Survey of Honor Parle Subdivision No.3, is hereby vacated: Lots 14, 15, 18 and 19, Block 2, of Honor Parle Subdivision No.3, Meridian, Idaho. 2. The City Cleric shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Worles, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No.3 By: Steve ArnoldlBriggs Engineering for William A. Hon V AC-OO-008 Page 6 of 8 ( ( or denial of the vacation may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. aIle A /By action of the City Council at its regular meeting held on the [/ - day of tx!!l/eJrl.-'~ , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED tfeCc- VOTED ~ COUNCILMAN BIRD COUNCILPERSON deWEERD VOTED t/e-v--- ~ VOTED~ COUNCILPERSON Mc CANDLESS VOTED ~! ked. : / Copy served upon Ap icant, the Planning and Zoning epartment, Public W orl(s Department and City Attorney. \\\\\lnnllTl!/ \\\ M I111 \~~\.J. Of !Efl;/) II/,.#~ ,.....~' "-' ~~ .1',; ;> c} . o'?POfrri',-'v ~ ~':- ~ ~A ~ ~ ~ v ~ - ~ a g ~~1;Ff\r /~ 0-00 .: A~L~~ = :: "Y: J:.')::: \ <1;. .", ...a;> 0 -f ....:> -Yo {;~-..) r 1 s~ t ~ :7'."' '~'. "'1 . <"~ ...,: ,,~ C' \v .....' ~ <// 01 f" ;, l""",f ", I). '~.... ' '~ t. '. 'l \ \ Findings of Fact and Conclusions of Law and '////;.;. ',: ~~,~,,".\\\ Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Blocl( 2/ Honor Parl( Sub. No.3 By: Steve Arnold/Briggs Engineering for William A. Hon V AC-OO-008 BY: Page 7 of 8 (~ ( STATE OF IDAHO, : SSe County of Ada. On this tD-r.!;.. day of l~ovevY\be.v , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerl( of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~@raat[JiJQ e~ U 00 <)~~ ~:.---9...d ~~ 4'4>~ ~,.; T A ;:'~'t?11i :~...,/~ 0 - ~-A "~~" · t::ql \ ~\1 II~' ..A. ~ ~ \>_ G;cn: ~ ~ ~ I 111 UI \ , Q G , I a 3 \ I ~ Q \ / 0\)' tl..... ~J!."'... A--1C~' 0 fJ! .. ::... u .tn...I.;' 4- ~ . ~~---- ~ ~ & 4' .. .l:!, OF 10 . ~ ~ .0IlaI10" Lpw~ Notary PublIC Ida Commission Expires: V{-J-t?-V b msgjZ:\W ork\M\Meridian 15360M\Honor Park No.3 Sub\FfCIOrdVacCommonLotLine.wpd Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14,15,18 and 19 Block 2/ Honor Parl( Sub. No.3 By: Steve ArnoldlBriggs Engineering for William A. Hon V AC-OO-008 Page 8 of 8 ( ( '~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF MICRON ) TECHNOLOGY/CRUC~ ) TECHNOLOGY, FOR A ) VARIANCE OF THE REQUIRED ) SIZE OF TREES FROM THREE- ) INCH CALIPERS TO TWO-INCH ) CALIPERS TO BE IN ) COMPLIANCE WITH THE ) PROPOSED LANDSCAPING ) ORDINANCE FOR MICRON ) TECHNOLOGY d/b/a CRUC~ ) TECHNOLOGY, LOCATED OFF ) EAGLE ROAD BETWEEN ) FRANI(LIN ROAD AND ) FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) C/C 10-17 -00 VAR-OO-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on October 17,2000, Shari Stiles, Planning and Zoning Adlninistrator, appeared and testified, al1d no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby malce the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10 ORDER OF DECISION GRANTING A VARIANCE IV AR-OO-018 MICRON I CRUCIAL TECHNOLOGY ( ( FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code 99 67-6509,6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Micron Technology d/b/a Crucial Technology, whose address is 3475 E. Commercial Court, Meridian, Idaho 83642. 4. The owner of the property is Micron Technology d/b/a Crucial Technology, whose address is 3475 E. Commercial Court, Meridian, Idaho 83642. 5. The location of the subject property is presently located in the Light Industrial District (I-L) zone, and which subject property is located off Eagle Road between Franklin and Fairview, Meridian, Idaho 83642. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: The East one half of Lot 2 and all of Lot 3, Block. I, Commerce Parle Subdivision, according to the plat thereof, filed in Book 45 of Plats at Pages 3721 and 3722, records of Ada County, Idaho amended by Mfidavit recorded February 19, 1981 as Instrument No. 8107039. 7. The present land use of subject property is presently zoned Light FINDINGS OF :fACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ( ( Industrial (I-L), and which subject property is presently a facility that presently comprises approximately 29,750 sq. ft. of electronic goods warehousing, pacl<aging and shipping and 35,300 sq. ft. of supporting office space and telephone call center. 8. The proposed land use of subject property is to expand the existing parking lot on the south side of the property. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council sho'Wing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the follo'Wing provision of the Meridian City Code, S 11-13-4 B 3 c, DESIGN STANDARDS FOR OFF-STREET PARIGNG, BLOCI(S, SCREENING, and in the I-L zone it provides as follows: 11-13-4 B 3 c: SCREENING: a. Whenever a commercial off-street parlGng area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') Ininimum 'Width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis 'Within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrianways. c. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MITCRON/CRUC~TECHNOLOGY ( ( pavement area. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the proposed parking lot design utilizes the landscaping which exceeds the proposed Landscape Ordinance. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement of 3" caliper trees to 2". 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the larger trees required by the current Landscape Ordinance are difficult to obtain. The available landscape area will be heavily planted with trees, as proposed. Additional trees would present maintenance problems caused by overcrowding. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that with the new Landscape Ordinance expected to be adopted in the near future, this variance would result in this property being well in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ( ( compliance as soon as the new ordinance is approved. Other properties are not in cOInpliance with the current Landscape Ordinance. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the provisions of the Ordinance if applied, the owner would not enjoy the improvements required by the new ordinance. 17. The existence of special circumstances or conditions affecting the property is that the circumstances of the property are that nurseries in the valley are reporting unavailability of certain species in the 3" caliper trees. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the I-L District is to provide for light industrial development and opportunities for employment for Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smol<.e or glare and that are operated entirely or alIllost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ( ( 20. The variance would allow the applicant to maximize the most efficient use of the land and maximizing the landscaping vvith the usage. 21. The granting of the requested variance vvill not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance vvith the conditions of approval and the requirements of the Subdivision Ordinance vviII prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance vvill not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code ~ 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code s~ 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code s 11-18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and umeasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinallce will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-13-4 B 3 c, DESIGN STANDARDS FOR OFF- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ( STREET PARIGNG, BLOCI(S, SCREENING, and in the I-L zone if granted the re-zone, provides as follows: 11-13-4 B 3 c: SCREENING: a. Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrianways. c. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the screening requirements for Micron Technology d/b/a Crucial Technology and shall only be required to install two (2") inch caliper diameter trees, as detailed in the site plan submitted with the variance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ( \ ( \ 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Screening Requirements in the I..L Zone as provided in the Section 11..13-4 B 3 c and may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the EJf3- day of /IoVehv~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN I<EITH BIRD VOTED~ COUNCILPERSON CHERIE McCANDLESS VOTED~ VOTED~ COUNCILPERSON TAMMY deWEERD MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED - DATED: 11- &~OO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY DISAPPROVED: msg/Z:\W ork\M\Meridian 15360M\Micron and Crucial Technology V ARO 18\FfClsGrantV ariance Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs D d h C. A fn :\\l1lll,m"tt epartment, an t e Ity ttorney 0 Ice. . ~~\\ ~ ~"III'" ~.$- ~~ ~ ~ ~ $ 0. ~ofPOIt4 ~ ~; , ~~ . ~ r'~ ~ By: ~/oL "1 Dated: / /- g-/JO ! . ~ City Clerk : SEAL g ! ~ ~ $ \. .,,<) ~~t 191 ." ~ ,l '~ ~ .fI!'\'f' .~.l ~ On.lt h . ~ ~ "" "" :J)'i~VUNT1 f \\\\' 1111:l1:;i.. -n\'~\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-018 MICRON / CRUCIAL TECHNOLOGY ,~ ( / .../ ~4Y < ~ (2 i---I ~ Z J----I II ~ ~ ~ 0..., ~ ::r:> ~ _.t- ....L ( j~ ..L -1 1 -r .4- I ~ -th t 1- -L ( I -,-- I _ I --L- ,-+- -t- ~- ; -j I -r ..1 I - -;- .J_ J -I -+. -i-C -L-~ --!-.o J_Z I -h -~~ (") 1::;a -L(3 +::0 -'r> r """-'4 -I~ . ~::u -1_0 -~ -~ .f _f_ J RT .-r ..t -r 'i. -1- ~t .t- T ~~ bh;6,'1 ':4" r:t:' c: ........ c- o Z o c- o cJ >- -3 5 2: o o ~ g t:Ij ::0 <J I--( :> ~ C1 o c ;:0 --3 (r'- ( v" BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICRON TECHNOLOGY D/B/A CRUCIAL TECHNOLOGY, FORA CONDITIONAL USE PERMIT FORA TELEPHONE CALL CENTER IN AN I-L ZONE, LOCATED AT 3475 E. COMMERCIAL COURT, MERIDIAN, IDAHO C/C 10-17-00 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-045 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on October 17 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Pact and Conclusions of Law and Recommendation to City COU11Cil issued by the Planning and Zoning COlnmission who conducted a public hearing and having heard a11d taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Comlnission made the following Findings of Fact and Conclusions of Law and Recolnmendation to City Council, and the City Council having FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page I of 13 ( received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code 9 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3 ) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilitie~ or services; requiring more FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO..045 Page 2 of 13 ( ( restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditiol1al Use Pennits by the enactment of Meridian City Code S 11-17-2. 3. Idaho Code S 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is IG10vvn as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994. 5. Prior to granting a conditional use pennit in a Light Industrial (I-L) zone, a public hearing shall be conducted with notice to be published and provided to property ovvners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 3 of 13 for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or lTIodify the recommendation of the Commission. " STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 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 weelc before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been dilly considered by the City Council at the said October 17, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 4 of 13 ( planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been cOInpliance with all notice and hearing requirements set forth in Idaho Code ss67-6509 and 67-6512; and Meridian City Code ss 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 3475 E. Commercial Court, Meridian, Idaho. 5. The owner of record of the subject property is Micron Technology, Inc. of Meridian. 6. Applicant is Power Engineers of Boise. 7. The subject property is currently zoned I-L. The zoning district ofl-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 5 of 13 8. The proposed application requests a conditional use permit for a telephone call center. The proposal includes converting a warehousing function into a technical support center for computer use, which is not defined in the current zoning ordinance. The proposed use requires a conditional use permit in the I-L zone. 9. The City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use-as determined by City Ordinance. 11. The requested conditional use is described in the VICINITY MAP, which is attached hereto as Exhibit "A", and consisting of one page, for a telephone call center. The proposal includes converting a warehousing function into a technical support center for computer use, in Light Industrial, located at 3475 E. Commercial Court, Meridian, Idaho, and which property is described as: The East one half of Lot 2 and all of Lot 3, Blocl( 1, Commerce Parl( Subdivision, according to the plat thereof, filed in Bool( 45 of Plats at Pages 3721 and 3722, records of Ada County, Idaho amended by Mfidavit recorded February 19, 1981 as Instrument No. 8107039. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not iInpose expense upon the public FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 6 of 13 ( ( if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed "Within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed "Within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and "Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use "Will not change the intended essential character of the same area. IS. The use proposed "Within the subject application "Will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed "Within the subject application "Will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated "With the use. 18. The use proposed "Within the subject application "Will not involve FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 7 of 13 ( uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant of the property, is granted a conditional use permit for a telephone call center and which proposal includes converting a warehousing function into a technical support center for computer use in I-L Light Industrial, located at 3475 E. Commercial Court, Meridian, Idaho, and described in the VICINITY MAP, which is attached hereto as Exhibit "A", and consisting of one page, for a telephone call center. The proposal includes converting a warehousing function into a technical support center for computer use, in Light Industrial, located at 3475 E. Commercial Court, Meridian, Idaho, and which property is described as: FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 8 of 13 ( ( The East one half of Lot 2 and all of Lot 3, Block I, Commerce Parle Subdivision, according to the plat thereof, filed in Boole 45 of Plats at Pages 3721 and 3722, records of Ada County, Idaho amended by Mfidavit recorded February 19, 1981 as Instrument No. 8107039. 2. The conditional use permit granted herein is subject to the follo'Wing terms and conditions: Adopt the Recommendations of Planning and Zoning and Engineering as follows: 2.1 All signage is subject to design review and requires separate permits. No signage is permitted in ACHD right-of-way. No portable signs or temporal)' signage are permitted (such as A-Frames). 2.2 Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. All parking areas shall be paved. City Ordinance 11-13-4.F requires 9 X 19 min. standard stalls and 25-foot- 'Wide minimum driveways. ADA requires the van-accessible handicap- accessible stalls to have a striped aisle separate from the stall. The handicap parl<ing spaces shall have signage per ADA standards. 2.3 Based on the total square footage of asphalt on site 127 3"-caliper trees are required per Ordinance 11-13-4.B.3.c. The proposed site plan shows 11 existing trees and 121 proposed 2.5" caliper trees. A Variance application (Case No. VAR-00-018) was filed and approved at the City Council meeting of October 17, 2000, to allow the reduction in caliper size trees to 2", and therefore the proposed landscaping has been maximized. 2.4 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy shall be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-00-045 Page 9 of 13 ( 2.5 Sanitary sewer and water service to this site shall be provided via existing service lines to the project site. 2.6 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.7 In accordance with City Ordinance 11-13-4.B.2, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.8 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.9 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.11 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.12 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 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 10 of 13 ( 2.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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. 2.14 Provide a minimum of one (1) two-inch (2") caliper tree, as per Case No. V AR-OO-O 18 as approved at the City Council meeting on October 17, 2000, per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 2.15 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-I.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 2.16 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.1(. 51 sidewalks on Commercial Court shall not be required. 2.1 7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.18 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendation of the Central District Health Department as follows: . 2.1 9 The existing septic drainfield on the property shall be properly abandoned and the building connected to City services. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page II of 13 ( ( 2.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.21 TI1.e Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District: 2.22 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public W orles Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, purSllant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHt~OLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 12 of 13 ( ( \ of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ~{/emhjl/1. ~ ~~ ,2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 1!-tJ~tJ{} MOTION: APPROVED: B -FA:- day VOTED ~ VOTED$tc VOTED*A- VOTED~~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public WO~~U"ftJltIIJ' ~)\ Of UI::"I'OO; I" Department and City Attorney. -t-'" ~~ .--:,)tJ, '..,.... ~.. () ,r,dPOD ~ .~v '>~ r/. .:- ~ - "'" )'~ ~ By:d~)2/ ~j11 ff Dated: II-g.-tJO f 0 ~i City Clerk (f msgjZ:\ W ork\M\M.eridian 15360M\Micron and Crucial Technology V ARO 18\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MICRON TECHNOLOGY d/b/a CRUCIAL TECHNOLOGY CUP-OO-045 Page 13 of 13 ,~ ' ! / ../ ,r--'" ~4Y II < ~ (2 I----f Z ~ ~ ~ w o o ~ ::c> ~ ( .~. -t- ........i _ J -J _1 r .J. I - -l- I -.I- i -I~ -+. -!-C -LZ , ........... .-1.0 JZ ,- -h J - "f-l> JO 1:;j I --. -LQ -l )::0 -'r> I );oooooof J.~ _1_0 -~ -'- .f _f /- T - I r 'T ..t -r "j. -f- ~t " 1 T J ~~ ..}- h /','IJ,'jI'A " -'r .-.L. I ]~ -L ! T -r . I r ~- -+- r -r 1- f -r f 1- I -L t:C c= -- c- o """'- :z o c:- o cJ >- ~ a :2: n o s: ~ tzj ;:0 o ;.--; > ~ C1 o C ~ '-3 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) MICRON TECHNOLOGY D/B/A CRUCIAL ) TECHNOLOGY, FOR A CONDITIONAL USE ) PERMIT FOR A TELEPHONE CALL CENTER ) IN AN I-L ZONE, LOCATED 3475 E. ) COMMERCIAL COURT, MERIDIAN, IDAHO ) ) ) ) ) ) C/C 10-17-00 CASE NO. CUP-OO-045 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 8th day of November, 2000, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Conunission the Council talces the following action: 1. That the Applicant of the property is granted a conditional use permit for a telephone call center. The proposal includes converting a warehousing function into a technical support center for computer use, and the proposed application request of a conditional use permit for the construction, development, maintenance and use for a telephone call center, and which proposal includes converting a warehousing function into a technical support center for computer use, as described in the VICINITY MAP, which is attached hereto as Exhibit "A", and consisting of one page, for the development of the aforementioned development and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 BY MICRON TECHNOLOGY D/B/A CRUCIAL TECHNOLOGY / CUP-OO-045 ( The East one half of Lot 2 and all of Lot 3, Blocl( 1, Commerce Park Subdivision, according to the plat thereof, filed in Bool( 45 of Plats at Pages 3721 and 3722, records of Ada County, Idaho amended by Mfidavit recorded February 19,1981 as Instrument No. 8107039. 2. That the above named applicant is granted a conditional use permit for a telephone call center, and which proposal includes converting a warehousing function into a technical support center for computer use, located at 3475 E. Commercial Court, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering as follows: 2.1 All signage is subject to design review and requires separate permits. No signage is permitted in ACHD right-of-way. No portable signs or temporary signage are permitted (such as A-Frames). 2.2 Dimensions of all parldng stalls shall conform to minimum dimensions as per city ordinance and ADA. All parking areas shall be paved. City Ordinance 11-13-4.F requires 9 X 19 min. standard stalls and 25-foot-wide minimum driveways. ADA requires the van- accessible handicap-accessible stalls to have a striped aisle separate from the stall. The handicap parldng spaces shall have signage per ADA standards. 2.3 Based on the total square footage of asphalt on site 127 3"-caliper trees are required per Ordinance 11-13-4.B.3.c. The proposed site plan shows 11 existing trees and 121 proposed 2.5" caliper trees. A Variance application (Case No. VAR-00-018) was filed and approved at the City Council meeting of October 17, 2000, to allow the reduction in caliper size trees to 2", and therefore the proposed landscaping has been maximized. 2.4 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy shall be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 BY MICRON TECHNOLOGY D/B/A CRUCIAL TECHNOLOGY / CUP-OO-045 ( ( irrigation). A bid shall accompany any request for Temporary Occupancy. 2.5 Sanitary sewer and water service to this site shall be provided via existing service lines to the project site. 2.6 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.7 In accordance with City Ordinance 11-13-4.B.2, underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hoole-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.8 Off-street parking shall be provided in accordance with Section 11- 13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.9 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.11 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed froIn their domestic service per City Ordinance ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 BY MICRON TECHNOLOGY D/B/A CRUCIAL TECHNOLOGY / CUP-OO-045 ('-- ( Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. 2.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orlcs Department. 2.14 Provide a minimum of one (1) two-inch (2") caliper tree, as per Case No. VAR-OO-OI8 as approved at the City Council meeting on October 17, 2000, per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 2.15 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 2.16 Provide five-foot-wide sidewall<.s in accordance with City Ordinance Section 12-5-2.1(. 5' sidewallcs on Commercial Court shall not be required. 2.17 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.18 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendation of the Central District Health Department as follows: 2.1 9 The existing septic drainfield on the property shall be properly abandoned and the building connected to City services. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 BY MICRON TECHNOLOGY D/B/A CRUCIAL TECHNOLOGY / CUP-OO-045 (t ,. (" . 2.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.21 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system I that prevents groundwater and surface water degradation. Adopt the Recommendations of the N ampa & Meridian Irrigation District: 2.22 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17 -8, a copy of which is attached to this pennit. By aCM" of the City Council at its regular meeting held on the 'pz/~~ ,200 . . 84 day of D. Corrie, Mayor City of Meridian / (~' I I I ../ l. l I~ ... IJ ~ a l -.L .1. I ; --I_ i -I--- I ! -I i 1- --i- I -I ~ -!-C ::2: - --1?-oooI .-1_0 IZ f- -h -.L~ :0 =-c~ I --- y":l 1::tJ -.~> Il-of -Ie- . ~~::t:t _1_0 '> -L::: I W -~ -.L . .1_ _r_ .i ! I .-r I ..t -r 19 -!- -L .L II -< I----i (2 I---; z ~ ~ ~ w o ..-.. "'-"'- I~ 12d r j I -1.. I j~ I -'J r.. 1. · 1.. ~'./ II A " _.~ I I -r- -i_ -L -L I I -,- I -L J_ -L .1. 1- I -I ( \ EAG ROAD t:c c: --' c- S; ::z o c:- o cJ >- :j o ::2: (j o s: 3: t':I:j ::0 n >= ~ C1 o c ;:0 --3 ,.\O~\ COUNT<Y. RECORDER n.rtW J. ~:2Yj~,~!~X~~RO ~"Wr 2002 HR II Ai1 9: 36 tU\\ " : ~ ~~^./ ( 1\1c~EO - REOUEST ~O~ ' FEE~OEPViJy\)1~ 102028600 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Elliott Group, L.L.C., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 30-d day of tJc.h 6.1b-f- , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and ELLIOTT GROUP, L.L.C., hereinafter called "DEVELOPER", whose address is 2065 E. Fairview Ave., Meridian Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. s67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "OwnerIDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of la~d; and 1.4 WHEREAS, "OwnerIDeveloper" has submitted an application. for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Light Industrial (I-L), (Meridian City Code ss 11-7-2 C); and DEVELOPMENT AGREEMENT (AZ-OO-013) - 1 ( 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, thel1t!:day of tJc;/lJ.6et- ,2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-OO-013) - 2 ( designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires othervvise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Elliott Group, L.L.C., whose address is 2065 E. Fairview Ave., Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . . 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-OO-013) - 3 ( 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 N which are herein specified as follows: (I-L) Light Industrial District: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: DEVELOPMENT AGREEMENT (AZ-OO-013) - 4 ( ( 5.1 In accordance with Comprehensive Plan policy 4.1, page 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 5.2 In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the 1-L zone). That Lot 2 shall be part of a separate Conditional Use Permit. 5.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 5.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, except the Jackson Drain, shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.5 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 5.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11- 13 ). DEVELOPMENT AGREEMENT (AZ-OO-013) - 5 ( 5.7 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 5.1 0 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 5.11 Provide five-foot-wide sidewall<s in accordance with City Ordinance (Ord. 12-5-2.I(). 5.12 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 5.13 Dedicate 29-feet of right-af-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 5.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12-feet of a 40-foot street section. DEVELOPMENT AGREEMENT (AZ-OO-013) - 6 / 5.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. ?/-'--"~ \, 5.16 //,Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). _ 5.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5.18 Construct a curb cut driveway at the west property line as proposed. 5.19 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 3D-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 5.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: 5 .21 The Jackson Drain is significant and shall be protected. 5.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easement. 5.23 The following, which would be offensive in the 1-L zone, shall be prohibited as follows: DEVELOPMENT AGREEMENT (AZ-OO-013) - 7 ('- ( a. Dry cleaning establishment. b. Truck stop. c. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. 1. Solid Waste transfer. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"j"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled ~~Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67 -6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"O'Wller" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"O'Wller" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"O'Wller" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-OO-013) - 8 ( 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'sj"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer'''s/''Owner's'' cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of, competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ-OO-013) - 9 / l \ 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Ovvner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the ~~City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Ovvner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the ovvner or his assigns, heirs, or DEVELOPMENT AGREEMENT (AZ-00-013) - 10 ( successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Elliot Group, L.L.C. 2065 E. Fairview Ave. Meridian, Idaho 83642 "With copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance "With the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence "With respect to each and every term, condition and provision hereof, and that the failure to timely perform any of DEVELOPMENT AGREEMENT (AZ-OO-013) - 11 ( the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the ovvner of the "Property", each subsequent ovvner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or ovvners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer'! has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OvvnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "OvvnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation DEVELOPMENT AGREEMENT (AZ-OO-013) - 12 ( ( and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-013) - 13 ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ELLIOTT GROUP, L.L.C.. DEVELOPER Attest: Member BY RESOLUTION NO. CITY OF MERIDIAN BY: ~ ~.\ \.~..t\\.~ ~~;~~.~~.~: ~..:J~. '....... _ . '\.... ...t. 0-\ ' "'1.... "'" r...., -.~ <:r' .,,{. ---\. ' "'""~.~ -:, f~~,:J'.' "::'-. ~.. ' \. '\ ""'---- ..~ -. ., ~'~ ~ 1 ',' Att~/ _ /~ ~ ~yOf~Otl-1/~~\' ':'; ~~'p&A~2 ... EI1}~Jl I . City Clerk - ~-{j/' -~ ',~:\ /.':-1 '.: ? A.r:- of" ' " \;.", .........} )" .' BY RESOLUTION NO. d 'r7 ~. .~;::t. ~,:!.:~"r 1C\ .;>,., ~:'.'.> ...::' ;\<:'~d.'~;';-;(~, (:!." ,,' ~'J'.,'. ,4. ~~+.~~ ... DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 14 ( STATE OF IDAHO ) :ss COUNTY OF ADA ) de ;/-. Notary , in the year 2000, before me, Public, personally appeared '----- (SEAL) STATE OF IDAHO ) :ss County of Ada On this 'bfb ) day of _~O\j.eMtow , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. tttl...II. .. -.a tJ-. .$0 ~ ~.:._-...G ... .~~~:;..o TA ~~~..o Or,.">/ ~ - ~~ \ '0 O~, \ _ (SEAI:~: *' d... d.. \N: .' ~ ~ ,>" g \ : ~ g, \ , If q. 'A..___ ' ~ 0 ..~1ii~lil=!S~o..~ ..e-o OFlP t\..+ -e.G.- (1 ~., ~ ~ Notary Pu ;. fo :Ida 0 Commission expires: . t1~-ob DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 15 /' 1 EXHIBIT A Legal Description Of Property A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded in book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 5, 6, 7 and the said Section 8, from which the 1/4 corner common to said Sections 5 and 8 bears South 89059'16" East, 2652.60 feet; thence South 89059'16" East, 1284.09 feet; thence South 000 19'14 West, 454.99 feet to the southeast comer of Econo Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence South 89059'19" East, 205.80 feet to a point on the West boundary of Lot 6 of said Pleasant Valley Subdivision; thence along said West boundary and said West boundary extended South 00030'24" West, 21.03 feet; thence continuing South 00034' 14" West, 1189.55 feet to a point on the South boundary o~ said Lot 7 thence along said South boundary North 67058'02" West, 195.96 feet thence North 65014'38" West, 21.31 feet; thence departing said South boundary North 00022'03" East, 1128.14 feet to the Point of Beginning. Containing 5.47 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ-OO-013) - 16 ( EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Elliot Indust Park Sub AZ013PP015CUP033\DevelopAQr.wpd DEVELOPMENT AGREEMENT (AZ-OO-013) - 17 ( ( DEVELOPMENT AGREEMENT Sent {J/ff 'iolx rtWrltl put Vn /ntl; Bt - vO / /!Ltor?it c! CuFfJ~ ~ d2- &'7-02. PARTIES: I. 2. City of Meridian Elliott Group, L.L.C., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 30-d.. day of tJch 6.1?-f- , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and ELLIOTT GROUP, L.L.C., hereinafter called "DEVELOPER", whose address is 2065 E. Fairview Ave., Meridian Idaho 83642. I. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S67 -651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of la~d; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted ~n application for annexation and zoning of the "p] described in Exhibit A, and has requested a desii Light Industrial (I-L), (Meridian City Code ~~ 11 11-06 _ 00 and yyv 'r; f3/C, DEVELOPMENT AGREEMENT (AZ-OO-013) - 1 ( 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the/1f!;day of tJdo/;.ej- ,2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-OO-013) - 2 T ( designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Elliott Group, L.L.C., whose address is 2065 E. Fairview Ave., Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-OO-013) - 3 ( (' 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 N which are herein specified as follows: (I-L) Light Industrial District: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 4 ( ( 5.1 In accordance vvith Comprehensive Plan policy 4.1, page 56, of the Tran~ortation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 5.2 In accordance vvith Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I-L zone). That Lot 2 shall be part of a separate Conditional Use Permit. 5.3 Applicant shall be required to enter into a Development Agreement vvith the City as a condition of annexation. 5.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, except the Jackson Drain, shall be tiled per City Ordinance. Plans shall be approved by the appropriate irrigation/drainage district, vvith written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.5 Any existing domestic wells and/or septic systems vvithin this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 5.6 Off-street parking shall be provided in accordance vvith City of Meridian Zoning and Development Ordinance (Ord. 11- 13). DEVELOPMENT AGREEMENT (AZ-OO-013) - 5 ( 5.7 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Grd. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 5.10 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Drd. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 5.11 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I(). 5 .12 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 5.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 5.14 Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12-feet of a 40-foot street section. DEVELOPMENT AGREEMENT (AZ-OO-013) - 6 ( 5.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. //-) ( 5.16 / Provide a recorded cross access easement for the parcels to '. /-' the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). _ 5.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5.18 Construct a curb cut driveway at the west property line as proposed. 5.1 9 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required "Width of 24 to 30-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 5.20 Other than the access point(s) specifically approved "With this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: 5.21 The Jackson Drain is significant and shall be protected. 5.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easement. 5.23 The following, which would be offensive in the I-L zone, shall be prohibited as follows: DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 7 (- { ( a. Dry cleaning establishment. b. Truck stop. c. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. 1. Solid Waste transfer. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I. C. 9 67 -6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"j"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"j"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 8 ( 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'sj"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer"j"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to '''Developer''/'' Owner" , prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the C~~y Counc~l.. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer "/" Owner " , or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 9 ( 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Ovvner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Ovvner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Ovvner" have entered into an addendum agreement stating when the improvements 'will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Ovvner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the ovvner or his assigns, heirs, or DEVELOPMENT AGREEMENT (AZ-OO-013) - 10 ( successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Elliot Group, L.L.C. 2065 E. Fairview Ave. Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho. Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 11 ( ( \. , the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including UCity"'s corporate authorities and their successors in office. This Agreement shall be binding on the ovvner of the UProperty", each subsequent ovvner and any other person acquiring an interest in the "Property". Nothing herein shall in any,vay prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or ovvners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer'! has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OvvnerIDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, ~ither oral or written, express or implied, between "OvvnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a dilly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 12 ( ( and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 13 ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ELLIOTI GROUP, L.L.C.. DEVELOPER BY~~ Member Attest: Member BY RESOLUTION NO. CITY OF MERIDIAN BY: ~/,,~~'jj;'~~~:??::~ ;'::Y;~ . Attest. - ~:;- CJ O~O~"1~' '~;'f" -,. ;'~ ~ " . .,0 'e"'-. _ :1 .. ~t () ; ..., ~:P~9- ~: BIJAlj).~ City Clerk :;.. ,.~. ~.~?!. ~ ?A~ ~. . '\~~... ~~~)... .: BY RESOLUTION NO. d 'r7 ~. ,~~~.~+:.{;~:r 1C~ .;/<~/? '..>~ '!~;~~;~,t"t:;'~\S,; :~;-::~~~~, ..:; ..' DEVELOPMENT AGREEMENT (AZ-OO-013) - 14 ( STATE OF IDAHO ) :ss COUNTY OF ADA ) de;/-. Notary , in the year 2000, before me, Public, personally appeared """"--- (SEAL) STATE OF IDAHO ) :ss County of Ada On this 'bfb ) day of --1JOV~MtoW , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acl<llowledged to me that such City executed the same. .t1..... .-"'C tJ-. ..~ J.:!.:._-...G .. .~~OT~~~~<) :4l./ ~ ~ \~" (sEAIEf;If do. * ~ \N: ,~ ~ ,;J;>r:J ~ \ : Iff c \ , · '\ ~ I IJ .. <P'.... C ~~ It' .. ~lii---~'''~O.. ....OFID"... e.... ~ Notary Pu i. fo:~da 0 Commission expires: . t1~-ob DEVELOPMENT AGREEMENT (AZ-OO-013) - 15 (_c (r .- \ EXHIBIT A Legal Description Of Property A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded in book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 5, 6, 7 and the said Section 8, from which the 1/4 corner common to said Sections 5 and 8 bears South 89059'16" East, 2652.60 feet; thence South 89059'16" East, 1284.09 feet; thence South 00019'14 West, 454.99 feet to the southeast comer of Econo Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence South 89059'19" East, 205.80 feet to a point on the West boundary of Lot.6 of said Pleasant Valley Subdivision; thence along said West boundary and said West boundary extended South 00030'24" West, 21.03 feet; thence continuing South 00034'14" West, 1189.55 feet to a point on the South boundary o~ said Lot 7 thence along said South boundary North 67058'02" West, 195.96 feet thence North 65014'38" West, 21.31 feet; thence departing said South boundary North 00022'03" East, 1128.14 feet to the Point of Beginning. Containing 5.47 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ-OO-013) - 16 ( EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Elliot Indust Park Sub AZ013PP015CUP033\DevelopAQr.~d DEVELOPMENT AGREEMENT (AZ-OO-OI3) - 17 (f---~ RESOLUTION NO 34 S- BY: /6J}/a.,;;5-tr~ C/ h; C~6-vYl ~ IVL a--.J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED HDEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND ELLIOTT GROUP, L.L.C. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with ELLIOTT GROUP, L.L.C., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marl<ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerl( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with ELLIOTT GROUP, L.L.C., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and ELLIOTT GROUP, L.L.C., a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (EI..JLIOTT GROUP, L.L.C.) - 1 of 2 PASSED ~r THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 86 day of NtJ (e' /h bh-, 2000. APPROVED ~HE MJ\YOR OF THE CITY OF MERIDIAN, IDAHO, this !!i1J: day of 0 I/.e M~ 2000. ATTEST: ",:?f\~hU,.t~ ~ ~ f~;{ I . . :$, 'i; l t' . _ .... { : ....,\ ,,.,...,~. ~.~ ~"'i;--, -..... ..... -.. ,;a,;.~, ",\~ ,. r(,~~ ~.~. +: . 'J '. ~f.", ~~. ~:~~r ~r~:J-':'!:t" ~ ,..... r):.'./ oeOl'" , ".'" ...'~ ~ / to: ;.}'~ ~ -~1 1'-, \......~ :: .if';- <'0 $ \:; 2, Z "~~~IJ :' . ~'- l ~ {:~ j.? .) :.~.' .... \, \.. 'J: , '5,;.' { I...". . ..... <<;'.. ~ ,"-'", ~.~.~. ~ .. ~.1Y" ,f > ~-4- _,.,:: " ..; 't ""'"t." ',c r I..... > " /... . .:~ <~e;,'; <':.~'-:,<~' ~:;~;. i:~_;>'!" msg/Z:\Work\M\Meridian I 5360M\Elliot lndust Park Sub Aid',r~tp~'r5i~wg_~3'\R~solution ~... "'< '\ l ~ .. ,. , Resolution (ELLIOTT GROUP, L.L.C.) - 2 of 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~ I am the ~odian of its records and minutes and do hereby certify that on the E3 - day of .ov.en."lu-v , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND ELLIOTT GROUP, L.L.C. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with ELLIOTT GROUP, L.L.C., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and ClerIc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with ELLIOTT GROUP, L.L.C., Certificate of ClerIc (ELLIOTT GROUP, L.L.C.) - 1 of 2 ( entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridiall and ELLIOIT GROUP, L.L.C., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. . ~~,~!;;l t':;:;2:::::1.. to" ,'> ~ ~I"V ~f-.'.4':;,~~.:"/~ "." ./ ~~~.t.' ~~. ~~"'h--" ~'Ct~' ~'~f':'y .;:." C}" ''<e#OJ~~' :,,~ ".~,~.-,. .j' ('~G!> (~ ' . ~~~~~~~~ '~~~. :; , ~. ',' ~ . J;} . n ~ p ~ )~ .~~~ . ,\.-l:.;.! ..... ;J!- 'H' "'. ' .' . ~ _" 11\J'Jii2...,... ..,...,;La. . q:_ \.'~~~.i'i . _.~. ~~~~1). ;:t "'"~] "~', ,'''' t.;:>"\/P"' ...,(,~.' ;.;.-," S I ^ IT 0 0 ~~\ ;:~~ r)~".:~~"~~~:~ '~)~~-::::~1~~1'~ Tn E F IDAH , "'>:~\:' ";'01;0'" ..,: " '.,f~' < , ~~~'\~'" S S ~ :.-;: ::-:;:~~;"{f~:;:t:'!: County of Ada, ) On this "b-\jl day of NDVtm~O{ , in the year 2000, before me, SWlo10 B I ~,^-vv'\'?~ , a Notary Public, appeared WILLIAM G. BERG, JR., lmown or identified to me to be the City ClerIc of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ._"'..8.0 .. 1:.1 tJ rt 04' ...~~'6TA~~~1>~~ ~ :A"t' ~ -~.A \:~,,~~<J ~ D;al ~ \Nii - (SEAL) :Cf.)t Fl" '* ;>E Notary P c furJdaho . ~ \ /1: Commission Expires: Cf-tb 1)b $. U>~'~\~~""'''O lItlJ1 .~ :1~---"''''' ",0 .....c OFIP tf.. ...~. ~.. Z:\W ork\M\Meridian 15360M\Elliot lndust l"arft ~ub AZO 13PPO 15CUP033\CertofClerk Certificate of ClerIc (ELLIOIT GROUP, L.L.C.) - 2 of 2 (~- - ( , ( November 3, 2000 AZ 00-013 MERIDIAN CITY COUNCIL MEETING November 8, 2000 APPLICANT Chuck Elliot / The Elliot Group ')) / /l- ITEM NO. N I REQUEST Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I-L zone - s/o Fairview Avenue and 6/0 Locust Grove Road on Wilson Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Chu(,~ 6{ ltiJ r ;t'.-'".,._-- /y ~ j)/A ro J;}?> P (2RVP~' ,,---- btJ~ lrJJ-J j , JJ V rf _ c}L ;;- ?;~) r- - IY.~' Jf '- DOl '\ \ Materials presented at public meetings shall bec\ interoffice MEMORANDUM &Ie ~r; l\ --~ --1)1) (tom'No~ Q. RECEIVED NOV - 2 2000 CITY OF l\iERIDIAN To: William G. Berg, Jr. From: Marlene 81. George Subject: Meridian Fire Station (Ten Mile Contract) Date: November 2, 2000 Will: Please find attached the original of the Materials Testing & Inspection contract. Please take note that we just received this contract in todays mail. Please have Mayor Corrie execute the contract and forward a copy to our office to place in our file on this matter. If you have any questions arise, please give Mr. Nicl10ls a call. msglZ:\W ork\M\Meridian\Meridian 15360M\Fire Dept\TenMileStation\BergMTIContractll 0200.Ltr ( ( Will Berg From: Sent: To: Subject: Will Berg [bergw@ci.meridian.id.us] Tuesday, November 07,20007:53 AM Bill Nichols (E-mail) Materials Testing & Inspection contract for Fire Station #2 Bill Nichols Does this agreement I contract need to go before the City Council for approval (consent agenda item) before we execute it? Please let me know. Thanks. Will 1 ~cNI ~y: MAlcHlALS ItSIING; 2083226515; OCT..20-00 10:43; PAGE 1 6 MATERlAlC TeSTING & INSPECTION ( o EnvironmentsJl Services o Geotechnical Engin88nng U Construction Materials Testing U Special Inspections Fax To: Wm. F. Nichols From: Pamela J. DeJl Campbell Fax: 208-288-2501 Pages: 3 Phone: 208-288-2499 Date: 1 0/20/00 Re: Meridian Fire Station #32 CC: William G. Berg, Jr., City Clerk o Urgent o For Review o Please Comment o Please Reply o Please Recycle Note: Request for Article XIII, the Indemnity provision, is addressed in the following fax. A copy will be sent in the mail, as well. The proof of Professional and General Liability should be faxed to you by our carrier. Please let me know if you need additional information or have any questions. Respectfully Submitted, Pamela J. Dell Campbell Marketing Coordinator 7446 W. Lellll1l St. Boise ID 83709 E..Mall mtl@mtJ..ld.com 208 376..4746 Fax 208 322-6515 W'NW .mti-id . com OCT 20 '00 10:44 ?t:1R:-:\??~C\1C\ PQ[:;1= 1/\1 ~ t I'J I tj l: IVIA I t: H 1 A L t) I c::S I iN L:i ; ~U~;j~~t)b't); OCT..20-00 10:43; PAGE 2 ( ( PAGE 'II :] OF .4 DATE OCTOBER 20.2000 Doc; 10: \\Il1I1~ervel \p, u pO~.i:t l~\c Ur! ~ t 1 U eli (H) \p rn f'l 0 S~ IS \0 0 oro DO S~ Is\m erl a IS n fire 'ttatlon .dOC PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and entered into effective this Fridavl October 20. 2000 by and between CJtv of Merldain C'ClIENT'I) and MATERIALS TESTING & INSPECTION, INC. rCONSUL TANTIf) and is made with reference to the fOllowing facts and objectives: RECITALS: WH~REA5, CLIENT intends to have MYI Perform Special Inspection and testing in accordance with the Proposal (Exhibit "A") for the Meridian. Idaho - Meridian Fire Slaion #2 (hereinafter referred to as the "Project"). NOW, THEREFORE. In consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, in respect of the performance of professional materials testing and construction Inspection services by CONSULTANT and the payment for those services by CLIENTI as set forth below. I. SCOPE OF SERVICE. The services to be performed by CONSULTANT under this Agn~QmQnt are described in Exhibit "Au attached hereto, and incorporated herein by this ref8rance as thoughJully set forth. Any estimated quantities contained in Exhibit "Are are estimates only and CLIENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities and/or cost figures as described in Exhibit "A.... II. PAYMENTS TO CONSULTANT. CLIENT shall pay CONSULTANT for the services rendered hereunder in accordance with the fee and payment schedule attached hereto as Exhibit "Au, CONSULTANT shall submit monthly statements for services rendersd and for reimbursable expenses incurred. All monthly statements submitted to CLIENT shall be due and payable at the time of the biUing unless otherwise specified In this Agreement. If CLIENT falls to pay CONSULTANT within thirty (30) days after receipt of monthly statements for servJces rendered and for reimbursable expenses Incurred, CLIENT agrees to pay one percent (10/0) interest per nlonth until the monthly stalernents are paid In full. CLIENT further agrees that nonpayment of monthly statements beyond a seventy-five (75) day period constitutes a material breech of this Agreement with the exception of reasonabty disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreem9nt are terminated. In such event CLIENT shall promptly pay CONSULTANT for atl fees, charges and services as outlined in Exhibi1 "AM provided by CONSULTANT up to the date of termination, III. SERVICES. CONSULTANT will act for CLIENT In a professIonal mannerl using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practidng In the same or similar locality of the Project site. CONSULTANT makes no warranty. either expressed or Implied, as to i1s findings, recommendations, specifications or professional advice. CONSULTANT will provide only those services that. in the option of CONSULTANT, lie within the technical and professIonal areas of expertise of CONSULTANT as set forth in Exhibit UA" and which CONSULTANT is adequately staffed and equipped to perform. CLIENT shaH request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in Exhibit II A" , attached hareto. CONSULTANT shall advise CLIENT in writing of any services that He outside the technical and professional expertise of CONSULTANT. IV. SAMPLE DISPOSAL. Unless otherwise agreed to in writ'ng. samples removed from ProjAct ~i1F.1 hy Consultant to its Ir.lboratory will. upon completion of testing. be disposed by CONSULTANT. CLIENT further agrees the cost for disposal of Hazardous Materials to include the oharacterIzation costs shall be borne by CLIENT. V. CLIENT'S RESPONSIBILITIES. CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders~ approved snop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreernenl. CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANT'S work or services rendered resullfng from CLIENT'S failure to provide CONSULTANT with revised and updated plans. specifications, addenda, change orde-TS, approved shop drawings and other information for the proper performanCD of CONSULTANT. (CLIENT will arrange and provide access to oach area in which it will be necessary for CONSULTANT to penorm its work ). VI. INSURANCE. CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequateJy from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shaH secure and maintain throughout the full period of Agreement sufficient Professional USbllJly Insurance 10 protect it adequately from daims arising from errors or omissions resulting from Professional ServicQs. VII. EXEMPTIONS OF CONSULTANT1S RESPONSIBILITIES. CONSULTANT $llaH not be (asponsiblo for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or In accordance with recommendations contained in any correspondence or written racommendalions Issuod by CONSULTANT. CONSULTANT is not authorized to revoke, sher, re~3x. enlarge or release any requirement of the Project.s specifications or other conlracl docunl~n1S. r'lor \0 approve or accept any portion of the work, unless f;PBcjfi<:ally ~UrhOr)7Arlln writing by CLIENT or hi::; authorized represAntatjvB. CONSULTANT shall not have the right of rejection or the right to stop work. except for such periods as may be required to conduct sampling, testing. or InspectIon of operations covered by this OCT 20 '00 10:44 2083226515 PAGE. 02 \:lCI~ lOT; lVIA I CM lAL\:J I t:t>> I 1 1\1 lj ; ~Utj;j(:!~t)t)lt); OCT..20-00 10:44; PAGE 3/6 (~-"-- ( PAGE # 4 OF 4 DATE OCT06ER 20. 20ClO Doe ID: , \ ml i ~ ~ 1 V ~ ( \p' {) j1 (J r. ~ I ~ \ c: 0 n !C I r 1I C 'Ion \ pro DOS S IS. \ 0 0 0 (0 P (J !:::l; I!' m ~ ( i d ; ~ n fi r eo $t~lio:'l,doc; Agreement. CONSULTANT shall not be liabfe for damages resulting from ttle actions or inactions of any governmental agencies, including but nOI lirniltH.J 10, perenit processing, environmental impact reports. governmental building inspections, dedications, general plans and amendments lhereto. zoning matters, annexations or consolidations, usa or conditiuJlCtI U~~ perrnils and/or building permits. VIIJ. CHANGES IN SCOPE OF WORK. CLIENT. wlthoul invalidating this Agreement may order ~..hr:lngA$ in the scope or character of services and/or work performed by CONSULTANT. either decreasing or increasing the amount of CONSULTANT'S work or services. All such changes in the work and/or services perlormed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shaH be performed under the applicable terms and conditions of this Agreement. CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or serv;ces until CONSULTANT is in receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating Its agreement therewith. IX. LIMITATION OF LIABILITY. In recognition of the relallve risks of Ule CLIENT Ctlld CONSULTANT url Hle Project, CLIENT agrees. all parties claiming through CLIENT and all parties claiming to have in any way relied upon CONSULTANT'S workl agree that the maximum aggregate amount of the liability of CONSULTANT, its officers, employees and agents shall be limited the amount of MTl's currently available insurance or the limit of any optional, CLIENT purchased insurance, whichever amount is greater. x. COMPENSATION FOR SERVICES RENDERED. CLIENT recognizes that the estimate noted in Exhibit ;'A.' (if provided) was obtained through a diligent evaluation of the contract documents and scheduled discussIons with the OWner. relevant subcontractors and the general contractor. ell ENT recognizes that the testing and inspection industry, and the services rendered herein under this contract are schedule driven and are as mandated by the scheduling and manning of the contractor(s), Should stJCh items, for example, as the quantity of concrete placement, field or shop steel welding schedules or masonry placement days ~lter from that quoted within our proposal, CONSULTANT shall be entitled to compensation for services rendered. XI. OVERTIME AND BILLING MINIMUM. CLIENT recognizes the attoched Exhibit .'A" which outl;nes billing minrmume. of ~wo (2) hours for any services rendered on site, In addition. CLIENT recognizes that. on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime will be encountered, Due to the nature of the construction hIJ~in~~~, CONSULTANT will have no notice of this until the day the said overtime occurs, CL lENT agreas to compAnsate CONSULTANT for such overtime, XII. LIMITATION OF SERVICES PROVIDED. The services provided pursuant to this agreement are intended solely for the use and benefit of the CLIENT as noted above, No other person or entity shall be entitled to rely on the servicesl opinions. recommendations. plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT. XIII. INDEMNITY. CLIENT agrees to defend, indemnify. and hold CONSULTANT, its officers. directors, employees, agents and independent contractors harmless from any and all c1aimsl suits or liability for personal injury, death, illness. property damage. damage to natural resources I fine or penalty arising or alleged to have arisen out of performance of CONSUL TANTJS work to thA Axlent that such claims or damages were due to the negligence of lhe CLIENT. except to the extent due to gross negligence or intentionally wrongful conduct of CONSULTANT, In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action. CLIENT shall provide the same compensation, CONSULTANT agrees to defend. indemnify, and hold CLIENT, Its officers. directors, employees, agents and Independent contractors harmless from any ana all claims. surrs or liability for personal injury, death. iUness, property damage. damage to natural resources, fine or penalty arising or alleged to have arisen out of performance of CLIENTS work to the exlent that ~uf..;h clainls or damages were due to lhe flegliyt:rlt:e uf lhe CLIENT, except to the extent due to gross negligence or intentionalty wrongful conduct of ell ENT. In the event CONSULTANT shall bting any action against ell ENT I to the extent CLIENT prevails in such action, CONS U L T ANT s hall provide the same compansatJon. XIV. PROVISIONS SEVERABLE. The unenforceabiHty or invalidity of any provision or provisions hereof shall not render any other provision or provisions unenforceable or invalid. Nothing In the Agreement shan relieve any party from its responsibilities under law or contract. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prier negotiations, representations or agreements, either written or oral. This agreement cannot be aUlerlded or modified except by a written Agreement, executed by each of the parties I"\arato. This Agreement is covered by the laws of the state of Idaho. IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the data and year first above written. at Boise. Idaho. Consultant: Client: Co,npany Name Nama & Title: Date: /.a - ...;?p- ~. Name & Title: Date: OCT 20 '00 10:45 2083226515 PAGE. 03 ~t: 1\1 I t'j T: IVIA I t M .LA Lt) I t:t) I 11\J l::i ; ?1ater~1fs 'Testing <tl Insp' ';tion Memo ~Utt;,j~~{j~l~; OCT-20-00 10:44; PAGE 4/6 To: Pam - Pankranz From: Carolyn Phillips, Accounting/OR Date: ] 0/20/00 fax: 208-378-3600 fax: 208-322-6515 We need a certificate of Ins sent to : White, Peter, Pruss, Morrow & Gigray - POBox 1150, Meridian, ID 83680-1150 job specific for: Meridian Fire Station #32 Contract Attention: William F. Nichols. 11ian~you OCT 20 '00 10:45 2083226515 PAGE. 04 Sf::NI ijY: MATERIALS TESTING; 2083226515; OCT..20..00 10:44; PAGE 5/6 :M..ater.- Irs cresting el Insp(. /'tion Memo To: Sally Zan From: Carolyn Phillips, Accounting/HR Date: I 0/20/00 fax: 650-369-2929 fax: 208-322-6515 We need a certificate of Ins sent to : White, Peter, Pruss, Morrow & Gigray - POBox 1150, Meridian, ID 83680-1150 job specific for: Meridian Fire Station #32 Contract Attention: William F. Nichols. %ank,you Have received nothing yet, but today might be the day. OCT 20 '00 10:45 2083226515 PAGE. 05 ~ 1::''''' I:) I. IV....... c:;, n ~ ""' L.::J I C.::J I J. I 'H.:J i ~UCj~L~O~l~; UCI -~U-UU 1U:4b; PAGE 6/6 9vfater- Oafs cresting et InSJ:'..=tion Memo To: DRIB - JilJ From: Carolyn Phillips, Accounting/HR Date: 1 ()/2(}/OO fax: 510-547-5648 fax: 208-322-6515 We need a certificate of Ins sent to : White, Peter, Pruss, Morrow & Gigray - POBox 1150, Meridian, ID 83680-1150 job specific for: Meridian Fire Station #32 Contract Attention: William F. Nichols. TFtanftyou OCT 20 '00 10:45 2083226515 PAGE. 06 MATERIALS TeSTING ff INSPECTION o Environmental Services ( '- EXH 18 IT "A" PAGE # 1 OF 4 DATE OCTOBER 27, 2000 Doc 10: \ \mt is erve r\p ro po sa I s\co n 5 tru cti 0 n \pro posa I s\O 0 pro posa I s\me ri d i a n truction Materials Testin 0 S ecialrrtl~ ~ WILLIAM G. BERG City of Meridian, City Clerk 33 E Idaho Ave. Meridian, Idaho 83642-2631 NOV 0 2 2000 WMHO'TE,PETERSON, PRUSS RROW & GIGRAY PA MERIDIAN CITY ATTORNEY PHONE: 208-887-2211 Fax: 208-887-4813 Re: Materials Testing & fuspection Services for Meridian Fire Station #2, Meridian, Idaho Dear Mr. Berg: We have prepared the following information for your review anQ evaluation. Materials Testing .& Inspection, Inc. (MTI) appreciates the opportunity to submit the attached fee proposal to provide Owner responsible materials testing and inspection services on the above referenced project. _ The estimate is based on the project plans and specifications, historical information regarding similar type proj ects and a presumed construction schedule. The Scope of Services includes; 1) soils testing & inspection, 2) concrete testing, 3) masonry testing and inspection, and 4) structural steel and bolting inspection. The actual costs for these services will be influenced by the project schedule, changes in the testing scope of work and the success rate for passing actual tests. It is MTI's intention that our services will complement your efforts towards maintaining the highest standards of quality. Please let us know if you require additional information. We thank you for considering our firm and look forward to working with you on this project. Respectfully Submitted, erials Testing & Ins ection, Inc. pfl:~le~bell Marketing Coordinator 7446 W. Lemhi St., Boise, 10 83709 E-Mail mti@mti-id.com 208376-4748 Fax 208 322-6515 www.mti-id.com MATERIALS ,e_ rr TeSTING S, INSPECTION o Environmental SeNices o Geotechnical Engineering EXHIBIT "A" PAGE # 2 OF 4 DATE OCTOBER 27,2000 Doc 10: \ \mti serve r\pro p os a I s\con 5 tru ctl 0 n \p ropos a I 5\00 pro po sa I s\merl d i a n o Construction Materials Testing 0 Specia.lrfh~~dffi:f Estimated Services & Fees The following estimate of services is based on current MTI standard rates and indicated quantities. Inspection and testing times are based on historical averages. They will be dependent on the contractor's schedule of activities and changes in project scope or requirements. If no cost is shown, the associated cost item is not required or will be provided by others. This is not a Not- To-Exceed Amount. Item # of Trips Units # of Units Rate Totals SOILS INSPECfION & TESTING Field Inspection w/ Equipment (UBC/ ASTM) 7 hours 21 $38.00 $798.00 Proctors (ASTM D 698 or D 1557) each 1 $125.00 $125.00 Particle Size Analysis (ASTM D 422/D 136) each $55.00 Atterberg Limits (Astro D 4318) each $60.00 Subgrade Inspection - Soils Engineer hours 2 $65.00 $13(}.00 Sub-Total $1,053.00 CONCRETE INSPECTION & TESTING Concrete Testing w/ Equipment (UBC/ ACI/ ASTM) 8 hours 24 $35.00 $840.00 Concrete Cylinders (ASTM C 39) each 32 $15.00 $480.00 Pickup Cylinders 6 hours 6 $35.00 $210.00 Sub-Total $1,530.00 MASONRY INSPECTION & TESTING Rebar & Grouting Inspection w/ Equipment (UBC) 5 hours 20 $35.00 $700.00 Mortar Cylinders (ASTM C 780) set of 3 2 $45.00 $90.00 Grout Prisms or Cylinders (ASTM C 1019) set of 3 2 $45.00 $90.00 CMU Prisms (ASTM E 447) set of 3 2 $195.00 $390.00 CMU Units Compo Strength (ASTM C 140) set of 3 2 $75.00 $150.00 CMU Units Absorp., Density & Moist. (ASTM C 140) set of 3 2 $90.00 $180.00 Sub-Total $1,600.00 STEEL INSPECfION & TESTING Field Inspection (UBC/lCBO) 2 hours 6 $45.00 $270.00 Fireproofing Inspection hours $35.00 Fireproofing Density Testing each $30.00 Ultrasonic Testing (A WS) hours $50.00 Fabrication Shop Inspector hours $45.00 Sub-Total $270.00 ASPHAL T INSPECfION & TESTING Field Densities and Inspection w/ Equipment hours $38.00 Coring hours $100.00 Extraction & Gradation (ASTM D 2172) each $100.00 Sub-Total MISC. ITEMS Travel Time hours $35.00 Mileage, RT 80 miles miles $0.40 Sub-Total Estimated Project Total: $4,453.00 7446 W. Lemhi St., Boise, 10 83709 E-Mail mti@mti-id.com 208376-4748 Fax 208 322-6515 www.mti-id.com MATERIALS TeSTING Sf INspeCTION PAGE # 3 OF 4 DATE OCTOBER 27,2000 Doc 10: \ \mt i se rye r\p ro pos a I s\cons t ru ctl 0 n \pro p asa I 5\00 pro posa I s\me ri d i an fi re station.doc ( o Environmental Services o Geotechnical EngineerinQ o Construction Materials TestinQ o Special Inspections PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and entered into effective this Fridav. October 27. 2000 by and between City of Meridain ("CLIENT') and MATERIALS TESTING & INSPECTION, INC. ("CONSULTANT') and is made with reference to the following facts and objectives: RECITALS: WHEREAS, CLIENT intends to have MTI Perform Soecial Insoection and testina in accordance with the Proposal (Exhibit "A") for the Meridian, Idaho - Meridian Fire Staion #2 (hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, in respect of the performance of professional materials testing and construction inspection services by CONSULTANT and the payment for those services by CLIENT, as set forth below. I. SCOPE OF SERVICE. The services to be performed by CONSULTANT under this Agreement are described in Exhibit "An attached hereto, and incorporated herein by this reference as though fully set forth. Any estimated quantities contained in Exhibit "An are estimates only and CLIENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities and/or cost figures as described in Exhibit "An. II. PAYMENTS TO CONSULTANT. CLIENT shall pay CONSULTANT for the services rendered hereunder in accordance ~ith the fee and payment schedule attached hereto as Exhibit "An. CONSULTANT shall submit monthly statements for services rendered and for reimbursable expenses incurred. All monthly statements submitted to CLIENT shall be due and payable at the time of the billing unless otherwise specified in this Agreement. If CLIENT fails to pay CONSULTANT within thirty (30) days after receipt of monthly statements for services rendered and for reimbursable expenses incurred, CLIENT agrees to pay one percent (1 %) interest per month until the monthly statements are paid in full. CLIENT further agrees that nonpayment of monthly statements beyond a seventy-five- (75) day period constitutes a material breech of this Agreement with the exception of reasonably disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreement are terminated. In such event CLIENT shall promptly pay CONSULTANT for all fees, charges and services as outlined in Exhibit "An provided by CONSULTANT up to the date of termination. III. SERVICES. CONSULTANT will act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practicing in the same or similar locality of the Project site. CONSULTANT makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice. CONSULTANT will provide only those services that, in the option of CONSULTANT, lie within the technical and professional areas of expertise of CONSULTANT 8S set forth in Exhibit "An and which CONSULTANT is adequately staffed and equipped to perform. CLIENT shall request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in Exhibit "An, attached hereto. CONSULTANT shall advise CLIENT in writing of any services that lie outside the technical and professional expertise of CONSULTANT. IV. SAMPLE DISPOSAL. Unless otherwise agreed to in writing, samples re,moved from Project site by Consultant to its laboratory will, upon completion of testing, be disposed by CONSULTANT. CLIENT further agrees the cost for disposal of Hazardous Materials to include the characterization costs shall be borne by CLIENT. V. CLIENT'S RESPONSIBILITIES. CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreement. CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANT'S work or services rendered resulting from CLIENT'S failure to provide CONSULTANT with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of CONSULTANT. (CLIENT will arrange and provide access to each area in which it will be necessary for CONSULTANT to perform its work). VI. INSURANCE. CONSULTANT shall secure and maintain throughout the full periOd of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from ciaims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shall secure and maintain throughout the full period of Agreement sufficient Professional Liability insurance to protect it adequately from claims arising from errors or omissions resulting from Professional Services. . VII. EXEMPTIONS OF CONSULTANT'S RESPONSIBILITIES. CONSULTANT shall not be responsible for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or in accordance with recommendations contained in any correspondence or written recommendations issued by CONSULTANT. CONSULTANT is not authorized to revoke, alter, relax, enlarge or release any requirement of the Project's specifications or other contract documents, nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. CONSULTANT shall not have the right of rejection or the right to stop work, except for such periods as may be required to conduct sampling, testing, or inspection of operations covered by this Agreeme.nt. CONSULTANT shall not be liable for damages resulting from the actions or inactions of any governmental agencies, 7446 W. Lemhi St., Boise, 10 83709 E-Mail mti@mti..id.com 208376-4748 Fax 208322-6515 www.mti-id.com MATERIALS TeSTING e' INSPECTION PAGE # 4 OF 4 DATE OCTOBER 27,2000 Doc 10: \ \mt is e rye r\p ro po sa I s\co n 5 t ru ct ion \p ro po sa I s\O 0 pro posa I s\meri d I a n fl re station.doc o Environmental Services o Geotechnical Engineerinq o Construction Materials Testinq o Special Inspections including but not limited to, permit processing, environmental impact reports, governmental building inspections, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits and/or building permits. VIII. CHANGES IN SCOPE OF WORK. CLIENT, without invalidating this Agreement may order changes in the scope or character of services and/or work performed by CONSULTANT, either decreasing or increasing the amount of CONSULTANT'S work or services. All such changes in the work and/or services performed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shall be performed under the applicable terms and conditions of this Agreement. CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or services until CONSULTANT is in receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating its agreement therewith. IX. LIMITATION OF LIABILITY. In recognition of the relative risks of the CLIENT and CONSULTANT on the Project, CLIENT agrees, all parties claiming through CLIENT and all pal1ies claiming to have in any way relied upon CONSULTANT'S work, agree that the maxjmum aggregate amount of the liability of CONSULTANT, its officers, employees and agents shall be limited the amount of MTl's currently available insurance or the limit of any optional, CLIENT purchased insurance, whichever amount is greater. X. COMPENSATION FOR SERVICES RENDERED. CLIENT recognizes that the estimate noted in Exhibit "A" (if provided) was obtained through a diligent evaluation of the contract documents and scheduled discussions with the Owner, relevant subcontractors and the general contractor. CLI ENT recognizes that the testing and inspection industry, and the services rendered herein under this contract, are schedule driven and are as mandated by the scheduling and manning of the contractor(s). Should such items, for example, as the quantity of concrete placement, field or shop steel welding schedules or masonry placement days alter from that quqted within our proposal, CONSULTANT shall be entitled to compensation for services rendered. XI. OVERTIME AND BilLING MINIMUM. CLIENT recognizes the attached Exhibit "A" which outlines billing minimums of two (2) hours for any services rendered on site. In addition, CLIENT recognizes that, on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime will be encountered. Due to the nature of the construction business, CONSULTANT will have no notice of this until the day the said overtime occurs. CLIENT agrees to compensate CONSULTANT for such overtime. XII. LIMITATION OF SERVICES PROVIDED. The services provided pursuant to this agreement are intended solely for the use and benefit of the CLIENT as noted above. No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT. XIII. INDEMNITY. CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resources, fine or penalty arising or alleged to have arisen out of performance of CLIENT'S work to the extent that such claims or damages were due to the negligence of the CLIENT, except to the extent due to gross negligence or intentionally wrongful conduct of CONSULTANT. In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action, CLIENT shall provide the same compensation. CONSULTANT agrees to defend, indemnify, and hold CLIENT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resources, fine or penalty arising or alleged to have arisen out of performance of CONSULTANT'S work to the extent that such claims or damages were due to the negligence of the CONSULTANT, except to the extent due to gross negligence or intentionally wrongful conduct of CLIENT. In the event CONSULTANT shall bring any action against CLIENT, to the extent CLIENT prevails in such action, CONSULTANT shall provide the same compensation. XIV. PROVISIONS SEVERABLE. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law or contract. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement cannot be amended or modified except by a written Agreement, executed by each of the parties hereto. This Agreement is covered by the laws of the state of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written, at Boise, Idaho. Consultant: Client: rf !J1Utc{itlAJ c Fax 208322-6515 www.mti-id.com ( r- . ( r\ \ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR THE PRELIMINARY PLAT AND ) FINAL PLAT FOR THE LAICES AT ) CHERRY LANE NO.9 LOCATED NORTH ) OF CHERRY LANE AND EAST OF ) ASHFORD GREENS SUBDIVISION, ) MERIDIAN; IDAHO ) ) ) ) ) BY: BRIGGS ENGINEERING, INC/ STEVE ARNOLD CASE NO. TIME EXTENSION ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY PLAT AND FINAL PLAT This matter coming on regularly before the City Council on the 8th day of November, 2000, upon the Applicant's time application for an extension within which to submit the Preliminary Plat and Final Plat, due to design problems causing a delay in the construction and recordation of the final plat originally approved 11/3/99, as provided in ~ 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time from the date of this Order within in which to submit the Preliminary Plat and Final Development Plan Plat for the above entitled subdivision application. By action of the City Council at its regular meeting on the 8th day of November, 2000. { / ( DATED this B,f.&. day of ;.kl/-t/YV~ , 2000. Copy served upon Applicant, Planning and Zoning Department, Public W orl(s and the City Attorney. ,\\ 'u ltfUI tIll \\\\ f l6-r- III ..,\\ -' 0 ItlJCFit" 111,/ ..........'. ~ ~ Vld .f~ $.... c} ~,PllD~ -1~~. " 00 -'Vf~ -, By: :2 ~ 0 teC\ SEAL ~- ~_ 7~~ &" ~, 'f. -Q(i.sr :s. ,,05,..p f Z:\Work\M\Meridian\Meridian 15360M\Lakes Cherry~~~o ;~~s.0'n.wpd <.v- ~. _ w ",.... . ~.JJ~~ .-\lfJNT'<. \\ \" .J.JJ./. .-.\ \ \ J;J~-1-~ t ~ ~~.~ ~'\"'" II~g-!JO City of Meridian Public Works Dept. To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: 1 0/26/00 Re: Agenda Items - Council Meeting November 8, 2000 Mayor Corrie: I respectfully request your placement of the following three (3) items, under my department reports, for the November 8, 2000 City Council meeting. Engineering Agreement for Design of a Laboratory Building for the WWTP. Engineering Agreement for Re-coating of the Elevated Water Storage Tank. Engineering Agreement for Design of Pump & Pumphouse for Well No.21. I will transmit these documents to your office, or to City Clerk as you may wish, no late than Nov mber 2,2000. Thank you, Gary From the desk of. . . h"1\/ ,0\ Gary D. Smi~ PE Meridian City Engineer Meridian Public Works Department 200 R Carlton St., Suite 100 Mericliat\. Idaho 83642-26CXJ . Page 1 (208) 887-2211 Fax: (208) 887-1297 MERIDIAN PARKS & RECREATION Memorandum To: Mayor Corrie and City COlUlcil From: Tom Kuntz ~"-.. Date: 11-03-00 Re: Generation Plaza II Change Order Attached is a change order for Generations Plaza IT from Wright Brothers Construction for $475.06. The contractor discovered contaminated soil during the excavation phase of construction and the change order addresses the cost of clean up. The Change order also reflects a decreaSe for concrete donated by Monroc and substituting a less expensive antique style drinking fountain. I am requesting City Council approval for a $475.06 net increase. 11/03/00 ( ( CONTRACT CHANGE ORDER DATE: October 18, 2000 ORDER NO.: 01 CONTRACT FOR: GENERATIONS PLAZA PHASE 2 OWNER: CITY OF MERIDIAN, IDAHO TO: Wright Brothers Construction (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes In INCREASE DECREASE This Change Order in Contract Price in Contract Price (list separately) Excavate Contaminated Soil $630.00 Additional General Requirements for Contaminated Soil Delay $485.06 Electrical Lighting Change $0.00 Change of Drinking Fountain -$465.00 Deduct for Donated Concrete -$175&00 Costs Sum of Increase and Decrease: $475.06 Net Change in Contract Price: $475.06 JUSTIFICATION (attach supplemental documents): CHANGE IN CONTRACT PRICE: Original Contract Price: $88,780.00 Previous Change Orders No. o to No. 0 o Contract Price prior to this Change Order: Net (Increase/Decrease of this Change Order: $88,780.00 $475.06 29 ( ,. - Contract Price with all approved Change Orders: $89,255.06 CHANGE IN CONTRACT TIME: Original Contract Time: Nov. 17,2000 Previous Change Orders No. o to No. 0 o Contract Time prior to this Change Order: Nov. 17,2000 Net (Increase/Decrease) of this Change Order: 3 days Contract Time with all approved Change Orders: Nov. 22,2000 This document will become a supplement to the Contract and all provisions will apply hereto. ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR The increase or decrease in Contract price and/or Contract time stated in each and every Change Order shall unequivocally comprise the total price and/or time adjustment due or owed the CONTRACTOR for the work or changes ordered by the Change Order. By executing the change Order, the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments represent full compensation for all increases or decreases in cost or the time required to perform the Contract as whole arising directly or indirectly from the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under Contract not changed by the Change Order. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in Contract price and/or time, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this Change order constitutes an agreement between Owner and CONTRACTOR that the Change Order represents an equitable adjustment to the Contract, and that CONTRACTOR will waive all rights to file a claim of the Change Order after it is properly executed. All Change Orders shall include a written record, submitted by the CONTRACTOR, that states the basis of cost amount, including time and materials data, that enables the Owner to determine the necessity and reasonableness of the Change Order. RECOMMENDED: David Koga LANDSCAPE ARCHITECT DATE: 1 0/18/00 APPROVED: DATE: OWNER APPROVED: DATE: CONTRACTOR 30 \.. ( \NRIGHT BROTHERS THE BUILDING COMPANY P.O. Box 637 Eagle, 10 83616 Phone: 208-939-0377 Fax: 208-939-0397 October 17, 2000 Mr. David Koga The Land Group 128 S. Eagle Rd. Eagle, ill 83616 Project: Generations Plaza Phase 2 Change Order Request 001 Reference: Dear Dave Wright Brothers, The Building Company proposes to provide excavation of contaminated soil, change electrical lighting as per your direction, and provide deduct for donation for concrete costs. Also included will be a contract time extension for dela s due to the contaminated soils excavation and rain dela s. 1. Excavate contaminated soil $630.00 2. Additional eneral re uirements for contaminated soils dela $485.06 3. Chan e in electrical Ii htin $ 0.00 4. Chan e model of drinkin fountain as 465.00 5. Deduct for donated concrete costs $175.00) Total Pro osal $475.06 Weare also requesting additional contract time for the excavation of contaminated soil ( 1 day) and three additional days due to rain October 10, 2000 thru October 12, 2000. See attached backup sheet and subcontractor quotes alone with our daily reports recording the lost time due to rain. Please call if you have any questions. Wright Brothers the Building Company ~ Randy Robbins Project Manager Web: www.wbtbc.com email: info@wbtbc.com ( ( MERIDIAN PARKS & RECREATION Memorandum To: Mayor Corrie and City Council From: Tom Kuntz 'f." k. Date: 11-03-00 Re: Generation Building Encroachment It was brought to my attention that Stewart-Laney-Benoit's new building being constructed on the east side of Generations Plaza will encroach four inches on city park property. After discussing the situation with the City attorney and Mayor, I contacted the developer's architect and requested the building be moved off city property. The architect and developer responded with a list of complications that would result from moving the building. We discussed several options to resolve the problem and below is staffs recommendation for your consideration at the November 8th meeting. Scott Stewart, representing the developer will be present at the pre-council session. Staff recommends: 1. Sell the 4" x 120' strip of property to the developer with a lot line adjustment. 2. Costs incurred to complete the sale and lot line adjustment will be paid by the developer; i.e. survey, appraisal, pennits, etc. 3. Allow the developer to continue construction while staff works on completing the sale and lot line adjustment. Y our direction on this matter would be appreciated. 11/03/00 ( ~//'< \ '1\~- '\;fA {t 1~. r~ ~ ATTORNEY/CUENT PRIVILEGE interoffice MEMORANDUM To: Mayor Robert D. Corrie and Meridian City Council RECEIVE]}.: OCT 2 7 200G From: Wm. F. Nichols · ef J\.IAYORS OFFICE ~~ CITY OF MERIDIAN ~ It ~)\I\I cc: Subject: Date: October 23, 2000 Mayor Corrie and Council: I have reviewed the proposed Owner/Contractor Agreement that was prepared by ZGA Architects for use in connection with the building of the Ten Mile Fire Sub-Station. This agreement has been prepared on a standard American Institute of Architect's form, and is in conformity with the representations that were made to contractors in the bid solicitation documents. I did not have a chance to review the bid solicitation documents before those bids went out. If I could do the contract over, there would be a number of itelns that I would change, most significantly would be elimination of the arbitration provisio11 because, in my experience, it is just about as quiclc, and certainly more cost effective, to just do old-fashioned litigation on a contact lilce this than it is to do arbitration. Also, as the Council pointed out at its meeting, the Builder's Risk Insurance could have been allocated to the contractors but the current contract allocates the premium costs for that insurance to the City. Lastly, the major problem with the Owner/Contractor form agreement, is that it contains a Mutual Waiver of Compensatory Damages, which is a clause that I believe greatly favors the construction industry. Since there is not really anything we can do about the Owner/Contractor Agreement in its current form, it is ready for execution. It will be greatly helpful to me, and I believe the City, if on all future bid projects, we have an opportunity to review those bid documents and comment on them well in advance of letting the bids. MsglZ:\ W ork\M\Meridian 15360 M\Fire Dept\TenMileStation \MayorCouncill 02400 .Mem (- ( November 7, 2000 MERIDIAN CITY COUNCIL MEETING November 8, 2000 APPLICANT ITEM NO. REQUEST Architect Service Contract for Police Station with Lombard Conrad Architects AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian.