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Home My WebLink About2001 12-04 (- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 4, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: k X Tammy de Weerd k Cherie McCandless Y k Mayor Robert Corrie 2. Adoption of the Agenda: Ron Anderson Keith Bird 3. Consent Agenda: A. Approve minutes of November 7, 2001 City Council Regular Meeting: ~;pprov~.l?- Tabled from November 7, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: --hvbel.- ~ Fel~ b~ 2-002-. fh-0 Order Granting Appeal: AP 01-003 Request to appeal the decision to withhold Building Permits for Lot 13 of Block 2 until annexation is approved and finalized for Packard Acres No. 1 by Packard Estates Developers, LLC: a~v.e.- Findings of Fact and Conclusions of Law for Approval: PFP 01-005 Request for Preliminary/Final Plat approval of 3 building lots on 5.21 acres in an L-O zone for Mystery View Subdivision by Pinnacle Engineers, Inc. - 2930 East Magic View Drive: ~V'2e- Findings of Fact and Conclusions of Law for Approval: PP 01- 018 Request for Preliminary Plat approval of 1 building lot on 2.44 acres in a C-G zone for proposed Commercial Tire Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: a~v~ Findings of Fact and Conclusions of Law for Approval: CUP 01-031 Request for a Conditional Use Permit for a tire facility and retail store in a C-G zone for proposed Commercial Tire B. c. D. E. F. Meridian City Council Agenda -December 4, 2001 Page 1 of3 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. Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: a~Vu2.- G. Findings of Fact and Conclusions of Law for Denial: VAR 01- 013 Request for a Variance to keep the existing Bucket Sign at Kentucky Fried Chicken location in a C-G zone for Kentucky Fried Chicken by Nampa Neon, Inc. - 677 East 1st: ~(/~ H. Approve Bills: tZffrv~ 4. Department Reports: 5. 6. 7. 8. 9. 10. I, 11. A. Public Work's Department - Gary Smith: 1. White Drain Trunk Sewer Easement Agreement with Dale Cooper: 6pfrove- 2. Wlwe-frr(1./YL'T#'7.vYt-IL SCWeA- eC<.JeVhewt~-eh-;-4- fJJlk ::/7-. (Items Moved from Consent Agenda) Sc:;AtJo-t ~r1Yl"d- '2.- apprvvR.- Tabled from November 7, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road, ~nd\N_orth Black Cat Road: ~~~h( ~c.le~~ Tabled from November 7, 2001: FP 01-018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - east of Linder Road and south of Ustick Road 2 a.f2#flP~.JL-'J II ~ ""-€ 6l#hrtJ~ f& ~'t~pa.u:... crt.f r (,~ <1~ '- a?jP '6S Public Hearing: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creekt LLC - west of North Linder Road and south of West Ustick Road: ( /" ~ ~ a;ec~ -/-0 ;rtL-f)~ ~/~ r 0 .e 'f"7T2- Ci/,F'V4 Public Hearing: AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham- 125 Blue Herron Lanei. . rlr j / e ~_ __ IJ ar-fzn-n.e'f 1 t/ p7'e!~ rlr ref.; -nn- tlf1;rn>f/~~ Public Hearing: PP 00-023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: a-ftrn--J'l€~ f'o pr'.ep~ .;:;/;: -I c /:,e -m- tfl-/fh'?'vd-- Public Hearing: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for Meridian City Council Agenda -December 4~ 2001 Page 2 of3 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. r' r proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: '). 11- -hi (trYLnh~ ,PIA-. to kleC~/8 I~v 12. Public Hearing: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: C(7Yl-77hu..z ;;/I-L .Iv 4ec /811 ht,~ 13. Public Hearing: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak D~velopment, LLC - 2435 South Meridian Road: C~i1ht-(.(....l ,!JIlt. -tV J.ec. IStb- ~~ 14. Public Hearing: AZ 00-019 Request for annexation and zoning of 1 QO. 71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: [hz:-!lhtU- f/IIL ~ /if6, /Cf-r!../ 24?o2- ~ 15. Public Hearing: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: i. h. C6'/L1t'hU.€- pilL fa Fe6. /q'1JL/ Zoo Z rl'V'r 16. Public Hearing: VAR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: aHd1Nfj to prepCVLe ./'(;:: l' c l..e -f;r.- I.f.;ppro~ 17. Final Plat: FP 01-019 Request for Final prat approval of 17 building lots and 12 other lots on 78.06 acres in C-C and C-G zones for Silverstone Corporate Center by Sundance Investments - southeast corner of Eagle and Overland Roads: a f7 jJ rp v.e.. 18. Request for Service for Westborough Subdivision: ~ GKJZavhv~ SeJJ/~ 6/-Z34-~(c) - I'U>cUClJ'~ 19. Request for Late-Comers Agreement for off-site sewer with Golfview No.5 Subdivision by Seaboard: ClJy~rvVVL- Meridian city Council Agenda -December 4, 200 1 Page 3 of3 All materials presented at public meetings shall becolne 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. ( ( Item Packet Pickup - - - - - - - - - - - - - - - - - - - - - - - - - ,Project ..Pickedup byDat~Time ~--:~' :--; ~- ~, JJ..:: ~liJtjfu;{nl\\ :}i/l ('\Ji\j'J','Ji!1\[f\!",~~2blr;IAtifltJ:.t. I L~g :1: LfS /' '- ~ (J!\ ~- I t7 fl1)Jt tH1A J( ~()JJ~e b/'~f ljf/ !lh!t.1.t11:': II - .'50 j:S-:,- II /~ff'j/)~~ /A /~A' li/~6 5:t1J - IF I _ , ::5,/ fI..:r~+e-jl.f fyi..j- i). (}..etJt-i.?~- 1,:;2/ 3 f.' If (/ AD~~vJ 6".@~5 Nu S Jo~\A)Gt,vctl--t. 12/'b ~:~5 M"s+~r" \/\'ew ir<.J!Y\Ml:IeJcl (Tlv(7 .i7~ izl'! 13tJ I .c.~ /' {?/ry Co~;;t /J~1 12 -4--0/ -. - - -- - n_ __ ... ....Ernplpyee ... .. ... >_:::----:- ~"I, ~ itiaIS-: -:_:- _-,:-: - -- l\~\ _ f () rtl~ ~ l jjl:Jr \ ./ ~ qf\/ ri J/ ~~/ C,~r / ,i/ Y ( December 14, 2001 MERIDIAN CITY COUNCIL MEETING December 18, 2001 APPLICANT ITEM NO. ~ - t> REQUEST Approve minutes of December 4,2001 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER OEPT: CITY SEWER DEPT: MERIDIAN SCHOOL OISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY D1STRtCT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~~ fJPP Date: Phone: Matenals presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 4, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of November 7, 2001 City Council Regular Meeting: Approve B~ Tabled from November 7, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table until February 5, 2002 Meeting c. Order Granting Appeal: AP 01-003 Request to appeal the decision to withhold Building Permits for Lot 13 of Block 2 until annexation is approved and finalized for Packard Acres No. 1 by Packard Estates Developers, LLC: Approve D. Findings of Fact and Conclusions of Law for Approval: PFP 01-005 Request for Preliminary/Final Plat approval of 3 building tots on 5.21 acres in an L-Q zone for Mystery View Subdivision by Pinnacle Engineers, Inc. - 2930 East Magic View Drive: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 01- 018 Request for Preliminary Plat approval of 1 building lot on 2.44 acres in a C...G zone for proposed Commercial Tire Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 01-031 Request for a Conditional Use Permit for a tire facility and Meridian city Council Agenda -December 4, 2001 Page 1 of4 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. ( retail store in a C-G zone for proposed Commercial Tire Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: Approve G. Findings of Fact and Conclusions of Law for Denial: VAR 01- 013 Request for a Variance to keep the existing Bucket Sign at Kentucky Fried Chicken location in a C-G zone for Kentucky Fried Chicken by Nampa Neon, Inc. - 677 East 1 st: Approve H. Approve Bills: Approve 4. Department Reports: A. Public Work's Department - Gary Smith: 1. White Drain Trunk Sewer Easement Agreement with Dale Cooper: Approve 2. White Drain Trunk Sewer Easement Agreement with Jt. School District No.2: Approve 5. (Items Moved from Consent Agenda) 6. Tabled from November 7, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by 0' Alessio Building Development - south of West Ustick Road and North Black Cat Road: Table until December 18, 2001 Meeting 7. Tabled from November 7, 2001: FP 01-018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, lLC - east of Linder Road and south of Ustick Road: Approve 8. Public Hearing: VAR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -December 4, 2001 Page 2 of4 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. (- 10. Public Hearing: PP OO..Q23 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Continue Public Hearing to December 18, 2001 Meeting 12. Public Hearing: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Continue Public Hearing to December 18,2001 Meeting 13. Public Hearing: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Continue Public Hearing to December 18, 2001 Meeting 14. Public Hearing: AZ 00-019 Request for annexation and zoning of 1 00.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Continue Public Hearing to February 19, 2002 Meeting 15. Public Hearing: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Continue Public Hearing to February 19, 2002 Meeting 16. Public Hearing: V AR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Final Plat: FP 01-019 Request for Final Plat approval of 17 building lots and 12 other lots on 78.06 acres in C-C and C-G zones for Silverstone Corporate Center by Sundance Investments - southeast comer of Eagle and Overland Roads: Approve Meridian City Council Agenda -December 4, 2001 Page 3 of4 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. ( ( 18. Request for Service for Westborough Subdivision: Table 19. Executive Session 67-2345 (c) - No Decision 20. Request for Late-Comers Agreement for off-site sewer with Golfview No.5 Subdivision by Seaboard: Approve Meridian city Council Agenda -December 4~ 200 1 Page 4 of4 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. ( Meridian City Council Meeting December 4. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, December 4,2001, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and Ron Anderson. Others Present: David Swartley, Mike Worley, David McKinnon, Gary Smith, Brad Watson, Will Berg and Dean Willis. Corrie: I will open the City of Meridian Regular Meeting, Tuesday, December 4, 2001, at 6:30 P.M., and the first item on the agenda is roll call. Mr. Clerk, would you call the roll, please. Item 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Item 2. Adoption of the Agenda: Corrie: Okay. Thank you. Item No.2 is Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We have been requested by -- on the Consent Agenda, Item B, to have that tabled to February 5, 2002. Other than that, I believe the agenda -- we have no other requests or anything that I know of and I would move that we adopt the agenda as noted. Corrie: Before I get a second, I do have a request by Gary Smith to add 1 more item on here on his department report. Bird: 11m sorry. Yes. Corrie: Okay. Bird: So that would be A-2 then? Corrie: Right. Second on the motion? McCandless: Second. ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 2 of 90 Corrie: Motion has been made and seconded to adopt the agenda as corrected. Hearing none, all those in favor of the motion say aye. All ayes, motion is accepted. MOTION CARRIED: ALL AYES. Item 3. Consent Agenda: A. Approve minutes of November 7, 2001 City Council Regular Meeting: B. Tabled from November 7, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: C. Order Granting Appeal: AP 01-003 Request to appeal the decision to withhold Building Permits for Lot 13 of Block 2 until annexation is approved and finalized for Packard Acres No. 1 by Packard Estates Developers, LLC: D. Findings of Fact and Conclusions of Law for Approval: PFP 01-005 Request for Preliminary/Final Plat approval of 3 building lots on 5.21 acres in an L-O zone for Mystery View Subdivision by Pinnacle Engineers, Inc. - 2930 East Magic View Drive: E. Findings of Fact and Conclusions of Law for Approval: PP 01- 018 Request for Preliminary Plat approval of 1 building lot on 2.44 acres in a C-G zone for proposed Commercial Tire Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: F. Findings of Fact and Conclusions of Law for Approval: CUP 01-031 Request for a Conditional Use Permit for a tire facility and retail store in a C-G zone for proposed Commercial Tire Subdivision by Pinnacle Engineers, Inc. - South Meridian Road and south of the Eight Mile Lateral: G. Findings of Fact and Conclusions of Law for Denial: VAR 01- 013 Request for a Variance to keep the existing Bucket Sign at Kentucky Fried Chicken location in a C-G zone for Kentucky Fried Chicken by Nampa Neon, Inc. - 677 East 1st: H. Approve Bills: Corrie: Consent Agenda. Meridian City Council Meeting Tuesday, December 4, 2001 Page 3 of 90 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda, with the exception of 3-8, to table it to February 5, 2002. Bird: Second. Corrie: Motion has been made and seconded to concur that the Consent Agenda be adopted with Item B taken out. Any further discussion? Roll call vote, Mr. Berg. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. The Consent Agenda is approved. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. Public Work's Department - Gary Smith: 1. White Drain Trunk Sewer Easement Agreement with Dale Cooper: Corrie: Item No.4 is Department Reports, Public Works Department, Gary Smith. Watson: Thank you, Mr. Mayor and Council Members. The first item on the Public Works agenda is another sewer easement for the White Drain Trunk Sewer Project. It's from Dale and Kathy Cooper. I don't have an exhibit to show you on the wall, but this one is located between Linder Road and Meridian Road and, hopefully, you have the complete easement in front of you in your packet. This particular easement on the right- of-way contract does include some stipulations that the owner put on granting this easement. There were Items A through I and then there is an Item 3 on that page two. I would be happy to answer any questions on any of those items, if you have any. We have worked with Keller pretty closely on this and negotiated with this gentleman for quite some time and this seems to be what we are dealt, I guess. We would recommend that you approve the permanent and temporary construction sewer easements and the right-af-way contract. With that I'd welcome any questions. Corrie: Questions, Council? Bird: I have none. Corrie: Hearing none, I will entertain a motion an the request for action. ( Meridian City Council Meeting Tuesday, December 4,2001 Page 4 of 90 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we accept the permanent and temporary construction sewer easement from Dale and Kathy Cooper and approve the right-of-way contract and authorize the Mayor to sign and the City Clerk to attest easements and right-of-way contract. McCandless: Second. Corrie: Motion has been made and seconded to approve the White Drain Sewer Trunk Easement Agreement. Any further discussion? Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. 2. White Drain Trunk Sewer Easement Agreement with Jt. School District No.2: Watson: Thank you, Mr. Mayor, Council Members. The second item is also a sewer easement for the White Drain Sewer Trunk. It has not officially been approved by the school district or the school board. As you can see in my memo they will take -- Wendell Bigham will take that to the school board next Monday. We thought it best to run it by you first. As you can see, they are requesting a credit on their sewer assessment fees equal to what they feel they paid for that area that the sewer easement takes. It was left when they appraised easement value. The Public Works Department would recommend that we accept the permanent-temporary construction easements and approve the right-of-way contracts conditioned upon Meridian School Board approving those at their school board meeting next Monday night and that this approval include a sewer assessment credit of $20,782.00 to be applied to the school district's project on this property when it comes in for a building permit. I would welcome any questions on this if you have any. Bird: I have none, Mayor. Corrie: Okay. Hearing no questions, entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we accept the permanent and temporary construction sewer easements from the Meridian School District and approve the modified ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 5 of 90 right-of-way contract conditioned upon the Meridian School Board approving them and include the sewer assessment credit of $20,782.00 to be applied to the project on the property upon which the sewer easement lies and authorize the Mayor to sign and the Clerk to attest to the easements and right-of-way contract. Anderson: Second. Corrie: Okay. Motion has been made and seconded to approve the $20,782.00 sewer assessment fee for the Meridian School District. Is there any further discussion on the request -- on the motion? Hearing none, roll-call vote, Mr. Clerk. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Watson: Thank you, Mayor and Council Members. Item 6. Tabled from November 7, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Corrie: Okay. Item No.6 is Tabled from November 7, 2001, a Request for Final Plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and north of Black Cat Road. Staff questions or discussion on the final plat? McKinnon: Mr. Mayor, Members of the Council, we haven't had -- as staff we haven't had any discussion with the applicant since the tabling of this application. I don't know if the applicant is here tonight. As you remember, it's on the -- just a little bit to the west of the Locust Ranch Subdivision located in the southeast corner of Black Cat and Ustick, the hashed marked area right there. We saw this once before and you denied it based on the size of the lots, to 8,000 square foot. You wanted to see larger lots. They have come back and made some arrangements for larger lots and they were approved by the Planning and Zoning Commission and has been asked to be tabled since they have been in front of you. I don't know the reason for the tabling and ask if there is any questions. Corrie: Council, do you have any questions of staff? De Weerd: Mr. Mayor: Corrie: Mrs. de Weerd. Meridian City Council Meeting Tuesday, December 4, 2001 Page 6 of 90 De Weerd: Has anyone had communication with them to let them know they were on the agenda and see if they were going to be here? Bird: I'm sure they were called for the packets, like everybody else that is on the agenda. De Weerd: Will, have you heard anything from them? Corrie: There isn't anyone here, a Staten Park Subdivision representative? Okay. Berg: Mr. Mayor, Members of the Council, I'm sorry, I was looking for the file and can't find it real quickly. The last time it was on the agenda they specifically wrote a letter saying they wanted to be tabled, because I think they wanted to be here to address an issue, but I don't think they had some real severe problems with it, but I'm concerned that they are not here tonight, because of that letter. It dealt with staff recommendations last time. I do not know the reason why they are not here and I would think that it was important for last time to be tabled so they could be here, that they wouldn't be here this time. De Weerd: Well, I don't see a written response to the staff comments and so I don't feel like we should be acting on this without the applicant. I would move to table the request for final plat approval of 23 building lots and five other lots on 8.15 acres for an R-4 zone for Staten Park Subdivision to December 18, 2001. Bird: Second. Corrie: Okay. Motion has been made and seconded to table Item No.6, Staten Park Subdivision, until the December 18, 2001, meeting. Bird: Mr. Mayor: Corrie: Mr. Bird. Bird: Would it be inappropriate to make sure the Clerk's office called the applicant to make sure that they are either here or what the -- if there is a problem? If not, we will go on it. Because I have not seen any of their replies to the staff recommendations, so - Corrie: Mr. Clerk, would you do that? I will make a note of it here. Okay. Item No.7 is tabled from -- oh, I'm sorry. Get through this here. We have a motion made and second to table Item No.6 until December 18th. Any other discussion? All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 7 of 90 Item 7. Tabled from November 7, 2001: FP 01-018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC - east of Linder Road and south of Ustick Road: Corrie: Thank you, Mr. Bird. Item No.7, tabled from November 7,2001, is a Final Plat 01-018, Request for Final Plat approval of 57 building lots and three other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC, east of Linder Road and south of Ustick Road. Staff comments. McKinnon: Mr. Mayor, Members of the Council, we may be putting the cart ahead of the horse a little bit. I think Item No. 8 on the agenda is a variance request for this application. As you remember at the last City Council Meeting Planning and Zoning Administrator Shari Stiles stated that the Turtle Creek Subdivision had -- the time had passed for them to be able to come back in front of you and would have to go through the variance process to be heard first. So, if you wouldn't mind, to open Item No. 8 before Item No.7. Item 8. Public Hearing: V AR 01-016 Request for a Variance requiring submittal of a Final Plat within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No. 3 by Turtle Creek, LLC - west of North Linder Road and south of West Ustick Road: Corrie: Okay. Good point. Okay. Let's come back to 7 and we'll go to 8 on a Public Hearing, request for variance requiring submittal of a Final Plat within one year of the variance in the R-4 zone for Turtle Creek Subdivision Division No. 3 by Turtle Creek, LLC. So at this time I will open the Public Hearing on the request for variance and have staff comments first. McKinnon: Thank you, Mayor, Members of the City Council. Turtle Creek Subdivision. This is the third phase. It's directly across from Tully Park. You see it's the highlighted area on the overhead in front of you. As the Mayor said it's 57 homes that the variance -- the reason why we requested the variance is because the preliminary plat for phase two was submitted over a year ago. Our city code states that if the plats are not submitted in consecutive order in less than one year's time they are required to get an extension. If no extension, so as the city policy has been handled in the past, a variance has been requested to be heard at this time to give an extension for the Final Plat to be recorded. The applicant gave the reason as being that they were waiting for the sewer connection for Tumble Creek No. 6 to be extended before they did their drawings for this part of the project and we verified that there has been some timing delays because of that and we find that it would be a hardship to the applicant if we made them start over with the preliminary plat process and it would be unprofitable to the city to make them go through that process at this time and staff does support the variance for the applicant. With that I have nothing else and would stand for questions. (' , ( Meridian City Council Meeting Tuesday, December 4,2001 Page 8 of 90 Corrie: Okay. Thank you, David. Any comments, questions of Council at this point? Okay. This is a Public Hearing and is a representative from Turtle Creek Subdivision here tonight? Okay. Is there anyone else that would like to issue testimony in this request for variance? Okay. Hearing none, Council have any other questions on the Public Hearing? If not, I will entertain a motion to close the Public Hearing on the request for variance. Anderson: So moved. Bird: Second. Corrie: Okay. Motion has been made and second to close the Public Hearing on the request for variance 01-016 of Turtle Creek Subdivision No.3. Any discussion? Hearing none, all in favor of the motion say aye. All ayes. Motion is carried then. MOTION CARRIED: ALL AYES. Corrie: Any discussion? Okay. Hearing none, I will entertain a motion, then, on the request for the variance for Turtle Creek Subdivision No.3. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the request for variance for a final plat within one year of the -- okay -- within one year of the previous phase in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC. Bird: Second. Corrie: Okay. Motion has been made and second to approve the request for the variance on the Turtle Creek Subdivision No.3 for a final plat within a year. Any further discussion? Hearing none, roll-call vote, please, Mr. Berg. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is approved for the variance. MOTION CARRIED: ALL AYES. Item 7. Tabled from November 7, 2001: FP 01-018 Request for Final Plat approval of 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC - east of Linder Road and south of Ustick Road: ( Meridian City Council Meeting Tuesday, December 4,2001 Page 9 of 90 Corrie: Now we will go back up to 7, Request for Final Plat Approval of 57 building lot and three other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3 by Turtle Creek, LLC. Any other comments from staff? McKinnon: Mr. Mayor, yes, a couple comments. If I could direct your attention to the overhead that you have in front of you. In the top west -- I guess it would be the upper left-hand corner, the northwest corner of this map, you can see where there is a stub street that doesn't actually connect to the north and we as staff are somewhat concerned. We did receive written comments back from the applicant on this project. He said that the streets actually do connect, but the plat map we have got shows that there is no connection. There is a 22 foot connection there. We are concerned that there is no there and until the next phase of this project is done there won't be any connection. So we have made a recommendation that they work with the owner of that property to gain an easement in order to make a turnaround there if they can't get the easement to bring that through to the street to the north. The second thing I'd like to point out to you is that under the preliminary plat when this was approved, you see the cul-de-sacs on the western side of this portion of the plat were connected by a walkway between the two-- between the two cul-de-sacs that ran directly almost down the center of the two cul-de-sacs and then a walkway that continued down to the street south and that's under Site Specific Comments No.2. The applicant is actually opposed to putting that in at this time, even though they agreed to it during the preliminary plat process. Some landscaping items that need to be taken care of up on the large lot in the center of the drainage lot it will have -- I guess -- it could be lot number 22 up in the north center of the overhead, they will be putting in a tot lot and a volleyball court in there and there is going to be some additional landscaping that you donlt see on your landscape plan. Just one other item that I'd like to bring up to you is that this actual application you have up on the overhead is not the one that's in front of you that you have tonight. The staff comments were based on the overhead that we have got here. We received a new set of drawings that showed a couple changes to this plat showing that some of the -- it would alleviate some of our comments. I'd like to point a few out that really changes. Item No. 1 0 on page number two of the staff report, it's written down that two lots do not meet minimum frontage requirements. They have changed the plat to accommodate of those. Lot 18, Block 2, now meets the minimum frontage requirement and Lot 2, Block 19 will have to be changed in order to bring that up. There is really only one lot that no longer meets the minimum frontage requirements, that would be Lot No.2, Block 19. With that I would turn it back over to you and ask if there is any questions. Corrie: Any questions? Bird: I have none, Mayor. Corrie: Any other questions? De Weerd: Mr. Mayor? ( . Meridian City Council Meeting Tuesday,December4,2001 Page 10 of 90 Corrie: Mrs. de Weerd. De Weerd: Again, I hesitate to take action on something without the applicant here, in particular because there are a number of issues that the staff has pointed out that should be responded to. I don't see a written response on this one either, so I would recommend to table this until the 18th and ask staff to notify the applicant and make sure he's here. I guess I'd put that in a motion, unless there is any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Well, I normally agree with you, Tammy. We just passed the variance without them being here and then they have asked for -- and they have extended and they -- you know, they asked -- they knew that this was being tabled to the 7th -- or from the 7th to now. But I can certainly go along with tabling it if you want. McKinnon: Mr. Mayor and Councilwoman de Weerd, we do have written comments that came in to Bruce Freckleton and Steve Siddoway today. I don't know if they made it into your packet or not. Steve handed them off to me this afternoon at 4:00. Corrie: They came in today? McKinnon: They came in December 3rd to Steve Siddoway. I received them today. Bird: Thafs nice to have. We don't have them. Corrie: Okay. Mrs. de Weerd, is that a motion? McKinnon: The applicant is actually here right now. Corrie: They are here? Is the applicant here? Oh. Hi, Gary. Okay. Maybe you can answer -- thank you, Gary. Lee: Gary Lee with JUS Engineers. Are we on the Final Plat? McKinnon: We are on the Final Plat. Corrie: We passed the variance, now we are back up to the final plat. Lee: I would be glad to answer any questions if you have some. Is there a presentation you'd like me to make? Anderson: We just heard the staff comments and we donlt have a copy of your comments back to the staff, so we need to know whether you agree with the staff comments or disagree. ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 11 of 90 Lee: I do in the most part. There were a couple of comments that I'd like to discuss, however. Staff Comment No.7. Corrie: Before you get -- can you read it to us, Gary? What it -- No.7. We don't have a copy of it here. McKinnon: You don't have a copy of the staff comments either? Bird: Yes. We have -- Corrie: Do we have one of -- Bird: They were from the old packet, yes. Corrie: Oh. Okay. All right. Then everybody has got one then. Lee: This is the one that speaks about a 20 foot easement for ACHD. Corrie: Okay. Lee: The wording in that easement. The wording on the plat is a standard requirement by the highway district and I think one of the concerns that staff has is the part that says that within this easement for restrictability, the actual note says that to restrict any encroachment or obstructions that may adversely affect drainage or operation or maintenance of the facility and we have interpreted this in the past in many other subdivisions that if the owner were to build a fence that could be removed or taken down, if they need to get in there with a backhoe to expose a pipe, that they could do so and still have a fence in their yard. I think what the highway district is really concerned about there are permanent structures that get in the way of maintenance duties. The wording on the note is specifically dictated by the highway district. It has been for a couple of years now. So I'd like to suggest that this comment -- the staff comment be removed. Staff Comment No. 12 speaks about the requirement for any fees on the backup source for water on the irrigation system. This particular subdivision there won't be any added connections to the city water system for backup source. This particular facility has a backup source already in the system. So staff talks about paying city water assessment fees, it really wouldn't be applicable in this case since we are not connected to the city water for common lot irrigation. Staff Condition 12 probably should be removed. I think the rest of the conditions were acceptable. In fact, we have got all the plat provisions in drafting right now that the city staff has requested that we make and we should have that finished up this week. Those are the only two at this time, I guess. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting Tuesday, December 4,2001 Page 12 of 90 De Weerd: Gary, I guess I have a question on the micropath and your response on that as well. I think it was a stub street -- was that the stub street to the north that went into Tumble Creek? McKinnon: Councilwoman de Weerd. Gary, could I ask you a question about that? In your written response you state that there is a 22 foot wide road that would be through there. Lee: Well, the design that we have prepared and have submitted to the city, as well as Ada County Highway District, includes some pavement to that street. I don't know if you can read it there. I can't see it from here, but something less than 50 feet, because it goes beyond the ownership of this property and we are able to design half a street, plus about 4 feet and that makes for a 22 foot wide driving surface and we sent information to the landowner who owns that land right at the corner of Cubic and Old Mill Drive to see if we can acquire an easement to at least be able to construct a 22 foot wide emergency access there to get out into Tumble Creek Subdivision. Well, actually, it wouldn't be emergency vehicles, it could be used for two-way traffic and thereby removing the requirement for a turnaround in that corner lot, Lot 8. If, for some reason, we can't obtain that easement from that property owner, then we will be forced to construct a turnaround in Lot 8 and make that a nonbuildable lot, which we don't want to do, but if we can't get the easement we have no choice. So we are making contact with those folks trying to work out some sort of arrangement. I think in my response that's how I presented it as well. So worst case we will have a turnaround on Lot 8 and a nonbuildable lot. Best case we can make that connection work. I guess No. 2 was another item I would like to discuss a little further. In the area where the micropath was shown between Cinnamon Place and Short Ridge Drive, we had shown the micropath in the original preliminary plat that was approved, although we'd like -- and we can make that work in this particular case with the lot configurations, but we'd like to suggest to the city that we not put that in, mainly because -- a couple reasons. Number one, since the path really doesn't lead to any particular feature in the surrounding neighborhood, it's a fairly short cul-de-sac and, number two, it would require that we reduce those lots in -- I guess there is three - four rows of lots in there that we would have to reduce the width of those down to the minimum 80 foot wide to make them work. Right now we have some fairly decent size lots in there of 88 and 92 feet wide. To force that micropath in there it's going to squeeze all those lots down to a minimum size. We'd like to kind of keep those bigger lots in there for a little bit of diversity in that area. I don't know -- if I could walk up here and show you about where that's at. It would be located roughly in this area here. The pathway would be located between Lots 26 and 27 of Block 17. They will come down between lots -- looks like 17 and 18 of the same block, between Lots 12 and 13 of the same block, and Lots 8 and 9 of Block 17. Roughly 20 feet wide. As you can see from the drawing it's not much farther off of Turtle Creek Drive. Doesn't really add a whole lot of value at it, I don't think, for pedestrian traffic, due to the fact that it really doesn't go anywhere. So I think the land would probably be a better use to have bigger lots in there. (' ( Meridian City Council Meeting Tuesday, December 4,2001 Page 13 of 90 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me like those were put in there -- this area is by an elementary school and it was a pathway system to kind of direct those kids down to the school area, if I remember right, but I believe that was the original intent. Lee: That's possible. I don't remember that portion of it. Looking at it -- De Weerd: It's been a long time. Lee: Yes. It has. '94, but even if you were to make it down to White Law, and you have to come across White Law to an adjoining street -- I think it's White Bird. It's on that -- up on there. Then you have to jog back to the west probably two or 300 feet to get to Cubic and then back to the east to get to Glenfield to even get to Chateau Drive. So it's not a real good connection walking to get over there. The school is located just below the W there. De Weerd: Well, yes, it would get you over there to Moniteau. That's where they would be going. They would be going east. So that would bring -- you wouldn't have to walk back to Cubic, they would walk east to Moniteau and then go south. Lee: Again, it's only going to serve a handful of lots. Well, like I said, we can make it work, it just reduces those lot sizes down to 80 feet on all of them. Our preference would be not to do that. Corrie: Any other questions? Brad, do you have any problem with No. 12 on the water? Watson: Mr. Mayor, Council Members, we are talking about assessments. I guess I would like to ask the applicant as well. I thought that this system was part of the Tully Park, Turtle Creek TI system where city water is actually the backup to that system, unless there is a year around -- unless Nampa-Meridian decides File Mile Creek is a year around source now. Lee: The original -- the original design said it wasn't going to use Five Mile as that source. I guess I wasn't aware of that connection that the city made to Tully Park as a backup source. Maybe they did. Corrie: That's what I was thinking, too, Brad. There was a backup system in there. Watson: Yes, it is, Mr. Mayor. That's the way it was built. At the time Five Mile Creek was the long-term permanent backup solution and I -- the parks director isn't here tonight to confirm that. It may be in operation now. I guess I'd rather the comment be left to say that if this system is not utilizing the city's water as backup, then the assessment fees will not be required. { Meridian City Council Meeting Tuesday, December 4, 2001 Page 14 of 90 Lee: That's fine with us, too. Corrie: Okay. Any other questions from Council on this request? Bird: I have none, Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would of David. David, on the micropath, did staff have some feelings either way on that? McKinnon: I know Steve has strong feelings about that. We talk about it quite a bit. It was approved under the preliminary plat and there has been quite a change to a different direction from what the preliminary plat had. We will want to bring that up. Typically we want to see some interconnectivity with the cul-de-sacs in a subdivision here, rather than make somebody travel up one street then cross a cross street and then back down another cul-de-sac, we'd like to be able to have the walking traffic be able to get to those places without that. The walking pathways are used -- as far as how heavily used they are it depends on the subdivision and the type of people that are in there. We would support the walking paths. We still do support the walking paths. As far as whether or not it's a strong way one way or the other, it's more of a -- it's a small support. We are in support of it, but if they were to go away it wouldn't be a major loss. It would be a concession that we would be willing to make without fighting for it. Anderson: Mr. Major? Corrie: Mr. Anderson. Anderson: I just wanted to comment and maybe give my thoughts on those paths. I agree, too, that if the plat gets submitted one way, that we pass it, that I would like to see the developers follow that, but I do agree with some of the logic here in this case. They are very short block lengths here, we are only talking four or five lots, and so I don't see that it's going to be a real long walk to go around them. The subdivision does have curb, gutter, and sidewalk, so it's not like they won't have a safe place to walk. In addition, I think we have heard other testimony over the years I have been on the Council about how those micropaths sometimes create more of a place where the kids can get in there and get in trouble and do things that they shouldn't be doing. So I wouldn't have any problem in this particular case eliminating those and I have been in favor for quite sometime of a little large lots than just the standard 80 by 100. So I guess I would lean more towards the elimination of that requirement. If that helps Tammy's deliberations. My input, anyway. De Weerd: Mr. Mayor. / 'I i Meridian City Council Meeting Tuesday, December 4,2001 Page 15 of 90 Corrie: Mrs. de Weerd. De Weerd: I guess I understand the reasoning with the first micropath and the longer lot. I certainly don't with the other one -- with the other road just two lots up. It doesn't make a whole lot of sense. So I will come back halfway. Or that's just my personal feeling. Corrie: Okay. Any other comment? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for Final Plat approval of 67 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3, to remove Item No.7, and to reduce the requirement on Item No.2 for a micropath -- if I can find it. To -- oh, I don't have my glasses, so I can't read it. No, I can't see through yours. You never clean them. Corrie: I just cleaned them before I got here. De Weerd: Okay. Let me see if I can -- to keep the micropath between No. 26 and 27 -- is that where it was located? Lots 26 and 27? McKinnon: That's correct. De Weerd: To eliminate the second micropath between Lots 12 and 13, I believe. McKinnon: Are you going to keep the micropath between Cinnamon Place and Short Ridge Place and eliminate the micropath from Short Ridge Place to White Law Place -- I mean to White Law Way? De Weerd: That's correct. McKinnon: Okay. De Weerd: To keep Item No. 12; to request that the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Corrie: Okay. We have motion. Is there a second? Hearing none, the motion is lost for a second. Any other motion? Anderson: Mr. Mayor? Corrie: Mr. Anderson. , ' \ Meridian City Council Meeting Tuesday, December 4,2001 Page 16 of 90 Anderson: I'll make a stab at it, then. I would make a motion, then, that we approve the final plat for 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle Creek Subdivision No.3, to include staff comments, with the exception of the elimination of No. 7 and No.2 micropaths and on comment 12 to include the word if, so that if at anytime this goes into the city system that they would have to pay the fees on the irrigation, and instruct the city attorney to draw up the appropriate Findings of Fact and Conclusions of Law. Bird: Second. Corrie: Okay. Motion has been made and seconded to have the staff comment included in the Findings of Facts and Conclusions of Law, with the exclusion of Item No. 7 and Item No. 2 to be removed and Item No. 12 to insert the word if in case the city is not required to back up the water supply. Any further discussion? Hearing none, roll- call vote, Mr. Berg. Role Call: Bird, aye; De Weerd, nay; McCandless, aye; Anderson, aye. Corrie: Okay. Three ayes, one nay, motion is carried. MOTION CARRIED: THREE AYES, ONE NAY. Item 9. Public Hearing: AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: Corrie: Item No. Item 9 is a Public Hearing, request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham, 125 Slue Heron Lane. At this time I will open the Public Hearing on Item No.9 and staff comments first. McKinnon: Mayor, Members of the Council, I'll keep it short. Staff wholeheartedly supports this annexation application request. The property -- the subject property is up on the overhead right now. You see ifs off Slue Heron just off of North Meridian Road. The property is within the area impact and it's got water and sewer services to it already through the City of Meridian and all it needs to be done is to have this property annexed is for you guys to vote approval of this. There is nothing that would stop the approval, in staff's mind, from happening tonight. With that I would ask if there is any questions. Corrie: Any questions of staff? Bird: I have none, Mayor. Corrie: This is a Public Hearing. Is the developer Ted Cunningham here this evening? Or a representative? Give your name and address, please. Cunningham: Ted Cunningham, 125 Blue Heron Lane, Meridian. Meridian City Council Meeting Tuesday, December 4,2001 Page 17 of 90 Corrie: Thank you. Cunningham: Mayor, Council Members, I requested the change -- zoning change in my property on Blue Heron Lane, also to be annexed into the city. It was zoned R-1 and I would change it to R-8. I met with the Zoning and Planning Commission on October 18th and it was approved by them. Now I'm here to see if you will approve it. Corrie: Okay. Anything else? Cunningham: That's alii have got to say. Corrie: All right. Thank you. Nice job. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just have one question. Cunningham: Pardon me? Corrie: We have one question for you. De Weerd: Have you read the recommendations from the Planning and Zoning Commission? Cunningham: Several times. Yes. De Weerd: Do you agree with everything that's in there? Cunningham: Yes. I do agree. De Weerd: Okay. Thank you. Corrie: Thank you. Is there anyone else that would like to issue testimony on this is annexation and zoning request? Okay. Hearing none, Council, any further discussion or comments? Bird: I have none, Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. / Meridian City Council Meeting Tuesday, December 4,2001 Page 18 of 90 Bird: Second. Corrie: Motion has been made and second to close the Public Hearing for Item No.9, a request for annexation and zoning, No. 01-014. Any further discussion? All those in favor of the motion say aye. Opposed no. All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for annexation and zoning of .66 acres from R-1 to R-8 zone for Ted Cunningham and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Corrie: Motion has been made to approve the annexation and zoning from R-1 to R-8 by Ted Cunningham, to include all staff comments, and for the attorney to draw up the proper papers. Further discussion? Hearing none, Roll-call vote, Mr. Berg. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion carried for annexation and zoning change. MOTION CARRIED: ALL AYES. Item 10. Public Hearing: PP 00-023 Request for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision No. 2 by Gemstar Properties, LLC - east of North Black Cat Road and south of West Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Corrie: Item No. 10, is a Public Hearing, request for a Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision No.2 by Gemstar Properties, LLC, east of North Black Cat Road and south of West Ustick Road. At this time I will open the Public Hearing and entertain staff comments. McKinnon: Thank you, Mayor, Members of the Council. Up on the overhead right now is a diagram of the subdivision that's in front you tonight for Preliminary Plat approval. The first time this was brought in front of you it looked a little different and they have actually not changed a number of lots, but they have actually made the lots bigger and they spread them out on the far western side of the property -- it would be the left-hand Meridian City Council Meeting Tuesday,December4,2001 Page 19 of 90 side of the overhead. That was originally left vacant, open land. Now they have said that they'd like to have this approved with larger lots with the same number of homes. The reason why the property to the west was left vacant originally was the amount of sewer -- the sewer capacity that could be put through these homes. That limited the number of homes. Rather than have a large area that's left vacant next to a city park as you can see that will be developed right in the middle, they decided to create larger size lots in the subdivision and develop the entire area at this time, but keeping the same number of lots. There is some very large lots in the subdivision. They range from 35,000 square feet down to 9,800 and some change. The staff report, which we have got that in front of you, turn to a couple things I'd like to point out to you in the staff report. There was some discussion concerning the small stub street to the south -- I'm just going off of some notes here that Steve asked me to bring up for you. There was some discussion on Item No. 5 on Page two. Item No. 5 talks about there is two residential lots directly south of the city park and it is separated there by a small stub street. There was some discussion as to whether or not that stub street remain there. The applicant would like that to remain there. Staff comments originally stated they did not it there. The Commission agreed to take out that -- to leave the stub street there. You have got a very short block that's only two homes on that whole block. That's something that you might want to take a look at. Everything else is pretty straight forward. We do have some -- we do have the city park that's right there and you will notice that there is a pathway system that will lead from the park that follows the canal. The canal is to be piped and it would be graded over to be level grade and the pathway system will go from the eastern corner all the way down to the western corner at this time. With that I ask if there is any questions. Corrie: Council have any questions of staff? Bird: I have none. Corrie: Anyone have any questions of staff? Okay. Thank you, David. This is a Public Hearing and is the Autumn Faire Subdivision No.2 representative here this evening? Stanfield: Scott Stanfield with Earl and Associates, 314 Gladiola in Caldwell. I will try to make this quick. It's pretty straight forward. Staff did a good job on the presentation explaining things quite well. The main reason to spread the lots around is because about a year and a half ago we were here on the Autumn Faire preliminary plat and there was concerns about a weed patch around the park. So we got with the engineering staff and established that approximately 30 more lots could be handled by the existing sewer system. We do run out of gravity in the southeast corner of the park, so this represents quite a small lift station placed in the northwest corner and we have met with engineering staff regarding that matter and we think we have worked out those details and we will continue to work out those details with the staff when we get to the final plat stage. The two little streets right there -- stub streets with the two blocks -- or two lots in between them, that was because it exceeded the maximum block length, where we start on Turnberry Crossing, the stub street in the northeast corner, measure that to the west and if we go all the way to the most westerly north-south stub street we Meridian City Council Meeting Tuesday, December 4,2001 Page 20 of 90 are actually exceeding the city's housing block ordinance. We'd rather not have that stub street put in, but we do not want to go through a variance and ask for special consideration. So, henceforth, we have a stub street there. We concur with all the conditions of approval and ask for any questions. Corrie: Any questions, Council? Bird: I have none. Corrie: Okay. Stanfield: Thank you. Corrie: Anyone else from the public like to issue testimony? Johnson: My name is Sam Johnson. I live at 2435 North Black Cat, the odd-shaped property. Mr. Mayor, Council Members, and staff. I'm neither for or against this, but I would like to bring to your attention some of the issues that we face, so that perhaps some conditions could be applied to the developers and the building managers. As Gemstar and Conger Management managed the prior -- I think it was phase four to our -- direct north of us, we had a variety of instances where we had people -- contractors in pickup trucks running across our property. We actually had a 40 foot by 20 foot by 15 foot deep ditch dug across the back of our property that had to be rectified after my contacts with them after they initially surveyed it incorrectly and that never got corrected. There was issues that a fence that was supposed to go up never happened. My understanding was there was an easement from the prior property owners -- we have only been in the house about year now -- to allow access back and forth and that created major problems for us, plus living pretty much in a constant bath of dust on a daily basis. So I guess what I'm asking for here is some conditions about some fencing that could be applied -- the fence has just been completed along our north side of the property line, but if that could be then completed along the west facing -- kind of the angle part before the construction were to start, that would be very helpful to limit the traffic and contractors who generally, you know, take the shortest path to get home at night. There was other issues regarding fencing I'd like -- I think my wife can address those issues as well. So those are my major concerns. Corrie: Council, any questions? Clarification? Bird: I have none. Corrie: Okay. Johnson: Thank you. R. Johnson: Good evening. I'm Dr. Regina Johnson. I also live at 2435 North Black Cat Road. I had the same concerns about fencing that my husband had. I just moved Meridian City Council Meeting Tuesday, December 4,2001 Page 21 of 90 up here after 16 years from Scottsdale, Phoenix, Arizona, and have been witness to 3 cycles of boom and bust in the real estate industry. My additional concern is that we may be faced with the economic downturn which everyone is now acknowledging a recession, but potentially may turn into a depression, and the rate of growth in selling housing lots will significantly slow for the next 12 to 18 months. So that we wouldn't be left with -- Langley Farms was about 110 acres and if this subdivision does not build as they optimistically project, we could be left with many acres of literally bulldozed dust around us for several years time. My request would be a restriction such a three- quarters of their units in the presently -- the infrastructure, I don't know the correct term for it, but the present phase, that 75 percent of those units be sold before they begin construction on the next phase to minimize our chance that we would be left with bulldozed, partially improved land for several years, which would significantly degrade our quality of living. I also donlt know whether this is the appropriate place to address it or not, but the Autumn Faire Subdivision -- the construction company has not completed their fence immediately to the north of us. As my husband mentioned, there have been to this point four incursions onto our property and currently there is a 30 to 40 foot gap in the fence enclosed by wire fence toward the middle and then simply cross pieces of wood. This will be very attractive to children crawling under the fence and getting onto our land, trash will be blowing on, and we donlt have visual privacy which would be for afforded by fencing and I -- having listened to the issues with the other plats tonight, I suspect their assumption is that they would eventually buy our land and put a cul-de-sac on our land and I know this isn't before the Council tonight, but there has been five or six instances in five months of them not being good neighbors and at this point -- I can't speak for my husband, but I am not at all disposed to sell our land to that company in the future. So I would request that the fence be completed, at least for now, and that they not assume that they can leave the fence open because they are going to be buying our land. Corrie: Okay. Thank you. Is there anyone else that would like to issue testimony? Janicek: My name is Monte Janicek and my address is 2356 North McDermott Road. I own the property right to the south of this development there. I don't -- I just had some concerns lid like to bring up. lid like to see a fence built in the early phase of construction to stop the trash from blowing into the Stafford Canal and all over my property and to keep the people from trespassing back onto my property. The stub road should be fenced also with at least a six foot fence. When stubs roads are not fenced it's just a tunnel for people on the -- for the people to funnel them right into the canal to be on the canal bank and then basically over into my field. I've had a bad experience with the Turnberry Subdivision that is east of my property. You may recall a letter that was sent to the Council and Mayor on July 10, 2001. My biggest concern is that children playing on the canal or in and around the canal would be falling into the canal and drowning. I'm on the canal bank all summer long irrigating my field and if there is a drowning more than likely I'll be the one to find the victim and I do not want to have to take and pull a dead kid out of the canal. Last spring I was driving down the ditch bank road when I'd seen three little girls about six or seven years old in my grain field that I had just finished spraying about an hour before. They had crossed the canal on a small Meridian City Council Meeting Tuesday, December 4, 2001 Page 22 of 90 plank and walked right by a no trespassing sign. They probably understood the word, but I doubt whether they understand the word of trespassing. They probably understood no, but I doubt whether they understood trespassing. As you can see, I have a very big liability concern here when people don't understand the difference between private property and the city limits. I have got some pictures here, if I could have you guys take a look at them, if I could. I think there is five copies there. These were all taken last summer here. The first one there is a ditch there that's right next to the subdivision across the canal there and you can see that we had some vandalism there where kids cross the canal and got into my irrigation tubes and threw them into the canal and we had a little -- had to come in and clean that all up and deal with that there. At the same time we had a lot of trash that's either blowing in or thrown into the canal. This is just an example of some of the trash there, but there has been a lot of trash down there in that canal there. Ever since that Turnberry Subdivision built out, they took and didn't have a fence when they first started construction in there and every time the wind would blow I had trash in my ditch and plugged up tubes and for the 25 years that I have framed there I have never had a problem like I did this last year or last two years. On the next one there you can see where some kids went and got some construction material and built themselves a raft and they floated it down the canal. One evening I was out irrigating and I seen a lot of trash coming down the canal and so I figured I better go up and see what's going on. So as I went by the house I stopped and picked up the camera and I drove up there and these kids were on this raft and I said, hey, that's a pretty nice looking raft, can I take your picture. They said sure. So I took a picture of the raft and took a picture of them there. But the thing that is significant is that public property out there and so I called the sheriff out there and we had to have them there explaining where the property lines were. The kids said, well, you know, if this is private property why don't you put a fence, you know, roll some barbed wire over the top of it to keep us from getting over here. On the next page you can see there where the subdivision -- or where the stub road stubs into the property up across the street there and it just funnels the kids. They ride their bicycles on the right sidewalk and come right to through there and they are right there into the canal and they get out there and play on the canal, ride their bicycles or whatever. This is the area where the little girls come through the subdivision right here and went out and crossed the canal there and played in the field right there. That canal is -- it's pretty swift. I got down in that canal to take and fish some trash out, I had my hip boots on then, you got to kind of lean against the current to stand up or it will knock you over and that's clay and mud in the bottom of that canal, it's slick, and a grown man to come out of that canal you have got to grab the grass on the side of the bank and pull yourself out. You're not going to walk out of it, it's just got straight up and down and clay and mud on the sides, you're just not going to climb out on the side of the canal there. For some reason on -- these are pictures on that Turnberry there. For some reason on the north side and the west side they did fence the stub roads, but on the west side they didn't and my concern with this Autumn Faire is that they take and have the stub roads and have the fence all the way across on the borders between me and them there. From my understanding the service boundary is going to drawn along -- the service line is going to be drawn along that - my property line there and so, therefore, I'm going to be farming that ground for quite awhile and ifs -- you know, I'd like to have these Meridian City Council Meeting Tuesday, December 4,2001 Page 23 of 90 concerns addressed here so we can kind of have a dividing line between my property and the city limits. Thank you and if you have got any questions why - Bird: I have none. Corrie: Council? Thank you very much. R.Johnson: If I could have your indulgence to speak, listening to the gentleman who just spoke, I realized something else at issue for my husband and I on our property. Our property edges up to the canal from his property and Autumn Faire to the street and with the park going through and the path that was spoken of, that path will border the edge of our -- the western edge of our property, cut across the back of our property, and connect with the canal easement out to Black Cat Road. We don't have money to put up a fence and we also would have concerns about trespassing and liability issues for children coming to harm in the canal, so I would ask the Council how will that issue be addressed, whether it would be Autumn Faire or the City of Meridian that would protect our children, our young population from this drowning hazard, because we had nothing to do with the development of the prior Langley Farm and certainly we don't children to die, but we are not in a position to fence the edge of the canal when we are not putting in the development. Evidently the road across the park will skirt our property and then connect to the canal easement, if I understand what was said by the developer and the gentleman that just spoke. Corrie: Anyone else like to issue testimony? Stanfield: I think I can address a lot of these concerns. First, Mr. and Mrs. Johnson's concerns on -- I apologize for the problems they had and we were involved in construction and if I had a business card I would give that to them right now and they can call me personally and when we are done here I will give them my phone number. Gemstar is quite reputable and they personally would be upset, so I apologize to them and they can call me when things occur. The fencing, that needs to be required. That is required and will be required and the gap Mrs. Johnson is probably speaking of is -- R. Johnson: It is Dr. Johnson. Stanfield: The gap is probably the stub street, which we didn't want to put in in the first place, but we were required by the agencies. The fence probably needs that stub street open, but I talked to Gemstar and I'm sure they'd fence that across and that probably would address Mr. Janicek's concerns on the stub street being fenced to his parcel. We could fence across those all, so that's no problem. The canal and the ditches and the drains were talked about by both parties. Sky Pilot Drain is required to be tiled and we will tile that, so that should negate some of the affects with small children falling in there. As is fencing required for the micropath ordinance, so that should help out the Johnsons. Regarding the Stafford Lateral, Mr. Janicek, as you can see there that's actually on -- on Autumn Faire Crossing's property and we are showing that to be tiled, so hopefully that will negate some of those impacts. If Nampa-Meridian doesn't want it Meridian City Council Meeting TuesdaYIDecember4,2001 Page 24 of 90 tiled, then there is an emergency requirement and so we will try to enclose the whole thing. We can't address what's happened on Turnberry's westerly boundaries as it's not our property, but we can take care of our own. Regarding the comment about an economic downturn, I can assure you if the developers didn't think they could sell, they wouldn't be sticking their necks out there. The market is still going strong across the valley, so 1111 let that speak for itself. Regarding the protection on -- I heard the Johnsons and it sure makes sense that they don't want a pulverized muddy area across the street from them, but bonding will be in place to help protect that. There is bonding with the City of Meridian and bonding with the highway district and should any developer fail in their duties the agencies have the ability to cash in the bond and complete the improvements. So that should help some of those concerns. I think thatls about alii have. Unless anybody has anymore questions. Corrie: Have any comments? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So what I'm understanding is you will make sure that it's fully fenced even by the stubs? Stanfield: Yes. De Weerd: Okay. On both the south and the west side? Stanfield: Correct. De Weerd: Okay. Any ditches that are open around you, except that one to the north where the pathway is, I understand that to be tiled? Stanfield: All of them, including the one to the north. The north boundary is actually the drain and as a condition of Autumn Faire preliminary plat to the north that was to be tiled. De Weerd: That's where the pathway is going? Stanfield: Correct. De Weerd: So that takes care of the fencing to the south side of the Johnson property then? Stanfield: Correct. Yes. Their westerly ditch that angles across here would be tiled and fenced. Meridian City Council Meeting Tuesday, December4,2001 Page 25 of 90 De Weerd: Okay. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: When can you do that fencing? Can you do that in the initial phases or-- Stanfield: Well, whenever you want. I know the city requirements really don't have a time line. I think it's before building permits, but if it please the Council we can do that sooner. But one thing I would like to help educate you on is the pressure irrigation goes in the rear lot lines three feet off the property line and if the fence is installed prior to pressure irrigation it's going to make it more difficult to construct pressure irrigation. So if there is some language you choose to put in there after that -- Anderson: I think the big concern is construction trade waste blowing around it sounds like, so -- Stanfield: Then they are trespassing. Anderson: As long as it's before the building permits, then it should take care of that issue I would think. Stanfield: I would hope. Corrie: Do you have any questions, comments? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess if there is some way to require the fencing that it wouldn't interfere with the pressurized irrigation system. Doesn1t that go in a foot or 2 off of the rear lot line? Stanfield: It's typically three feet. Three feet off. De Weerd: Then that can be a mess. Stanfield: Yes. /' Meridian City Council Meeting Tuesday, December 4, 2001 Page 26 of 90 De Weerd: If it can -- the earlier you can get that fencing up the better, because that also will help with the dust, because there is no question that the minute you start cutting the streets or doing any of the leveling it's going to be a dust bowl. Stanfield: Yes. That's true. De Weerd: So if you can time that around the same time you're putting in the pressurized irrigation. Stanfield: I can definitely pass that onto the developer. De Weerd: I don't know how you can make that a condition, but -- McKinnon: Actually, the -- Councilwoman de Weerd, actually the recommendations from the Planning and Zoning Commission, Item No. 18, there is a limitation already on the fencing to be in prior to the building permits being issued. We already have that safeguard in there. The safeguard was put in on all preliminary plats and on all final plats. De Weerd: Well, yes, but the building permits come a little later. Stanfield: Yes. They come a little bit after. McKinnon: That's true, but as far as -- De Weerd: Just if you can work with that. Stanfield: Yes. I can definitely. Corrie: You're on record, so -- De Weerd: Mr. Mayor. I guess, David, is there anything for the dust mitigation -- or, Brad, on requiring a water truck being on site during a certain phase of -- McKinnon: Well, Councilwoman de Weerd, we currently don't have a Fugitive Dust Control Ordinance like the City of Boise does. We are working on one. We have met with the AIC, we have met with the City of Boise and we have received copies of their fugitive dust ordinance as a model. We are still in the process of determining how stringent we want to be with the ordinance and regulation. There is some very restrictive things in the Boise fugitive dust ordinance and I'm not sure that that's something that we have the enforcement ability to take on. We are working on it and don't have anything right now. As far as is there a requirement for the water trucks, live had some experience with enforcement and we don't have a fugitive dust ordinance, but my past experiences are if you come to them and say that this is a nuisance that more often than not they do get a water truck out there. I Meridian City Council Meeting Tuesday, December 412001 Page 27 of 90 De Weerd: Okay. All I can ask, then, is that you give them your phone number and they know who to call. Stanfield: I will differently do that. The City of Boise dust ordinance is probably over two years old now and they are -- it isn't taken lightly. So I'd like to see the city move forward with that. Corrie: Just for the record there is an ordinance that we are looking at as well of dust and mitigation with the lawsuit with ACHD and that's why we are moving ahead on one as well. So thank you. De Weerd: Thank you. Corrie: Thank you. Council, at this point I would entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item No. 10 of Autumn Faire Subdivision under Gemstar Properties. Any further discussion? Hearing one, all those in favor of that motion say aye. Opposed no. Motion has been carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Discussion, Council? Bird: I have none. De Weerd: I have none. Corrie: Okay. Then I would entertain a motion, then, on the request for preliminary plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone, Autumn Faire Subdivision NO.2. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: I move that we approve the preliminary plat for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for purposed Autumn Faire Subdivision No.2 by Gemstar Properties, to include the recommendation by Planning and Zoning, as well as the position statement by staff correcting and clarifying a couple of the items in there; to also note in testimony received today that they will be fully fenced, even across the stub I Meridian City Council Meeting Tuesday, December 4, 2001 Page 28 of 90 streets, both to the south and to the west and to ask the attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. There is motion by Mrs. de Weerd and a second by Mr. Bird on the preliminary plat for Autumn Faire Subdivision NO.2. Any further discussion? Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I'd like to just make a couple of comments. I know we looked at this project a little over a year ago and it's changed quite a bit and Council had concerns about lot sizes and the fact that this may not be completed for quite sometime around the city park, but I would like to compliment the applicant on the changes that they have made to this. I think Meridian needs a few more projects like this, we need a little more diversity in the lot sizes that are out there, and I just wanted to thank the applicant for listening to what the Council said. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would ditto that fact. Good job. Corrie: Any other discussion? Hearing none, roll-call vote, Mr. Berg, on the motion. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is carried on the preliminary plat. MOTION CARRIED: ALL AYES. Item 11. Public Hearing: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Item 12. Public Hearing: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 29 of 90 Item 13. Public Hearing: V AR 01-019 Request for a Variance to exceed 1 ,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Corrie: Item No. 11 is a Public Hearing, request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC, 2435 South Meridian Road. We also have a request for a Planned Unit Development for a private RV storage and reduced lots in an R-8 zone for proposed Kodiak Subdivision. Also a Request for a Variance to exceed the 1 ,000 foot minimum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement. With the Council's approval I will open the Public Hearing in all three of those in Kodiak Subdivision and hear them one at a time or everybody's comments can be incorporated in one. Hearing no objections, then I will open the Public Hearing for Items 11, 12 and 13 for Kodiak Subdivision and invite staff's comments first. McKinnon: Mr. Mayor, Members of the City Council. This is a project that's had some -- its origins was over a year ago when the applicant Jim Jewett came to the Council for an annexation of his property. You will see on the overhead the location of this property. Ifs located just to the east of the Bear Creek Subdivision and to the south of Elk Run Subdivision. It's a very long, narrow piece of property and there is a lot of information that I'm going to give to you, so I will start from the beginning. Mr. Jewett started with three different types of applications that he brought to you at the annexation time. You took a look at all three of the applications and came up with a project that looked like this. This was a similar design to the one that was your consensus favorite at that time, a long, narrow, double-loaded street ending in a cul-de-sac with a small park in the far western portion, with an RV parking storage unit at the Bear Creek side. On the far eastern edge of the property the property was to be zoned commercially and there is a hope that there will be some sort of neighborhood center type use at that location. The annexation was approved. This was a good relative idea that -- a consensus was received that was a project that -- this is one of the ways he could develop this property and this may be the best way at that time. Just recently in the past few months Jim Jewett has applied for this project with -- in the manner that it sits in front of you right now. There is 28 units in this. They are very small lots, less than 4,000 square feet each. They are not attached homes. They are single family homes. They have requested that there is a setback reduction in the rear from 15 feet to 12 feet. All the homes will be, as I said, detached housing, with only a five foot setback. They will be two story homes with a five foot setback between homes, very similar to what we saw in the Wesley Subdivision, in addition to the Woodbridge Subdivision with the Planned Unit Development. With the smaller lots he is able to raise the density. With the original development agreement that was signed when this properties was annexed, Mr. Jewett was allowed to go to an R-4 density and he was allowed the housing unit types that were permitted in an R-8 zone. Those type of housing units would include condos, duplexes, four-plexes, and other types of attached housing that would not be ( Meridian City Council Meeting Tuesday, December 4,2001 Page 30 of 90 allowed in an R-4 zone. This property was annexed as an R-4 zone. However, he was given permission to have the R-8 type of housing. He elected not to do this. With the planned development he has requested the reduced lot sizes. He has also requested reduced front -- reduced street frontages. The required street frontage in an R-8 zone is 65 feet. He's requested around 40 feet. Verify that. 45 feet for each one of these lots. He's done quite a bit of work and he's worked with us staff to make this work. There has been a curve ball that's been thrown his direction. Just recently the Ada County Highway District met after our Planning and Zoning Commission made a recommendation to you. Currently as it sits right now the application that sits in front of you shows access being taken off of Meridian Road all the way back into Bear Creek where it cul-de-sacs at the western edge of this property, as you can see on the overhead. Ada County Highway District has made a special recommendation to Council and in their findings stated that they will not be allowed to have any access off of Meridian Road, except in a shared access for the church and for the commercial property. All the access to the residential will have to come through Bear Creek Subdivision to the east. There is stub street there and they are requiring that stub street be brought forward. This has some implications that I'm sure Mr. Jewett will go into. The reason we see it developed the way it is right now with the homes jammed tightly together to the east is that there is not an ability to sewer the far western portion of this property. The gravity line will only allow the sewer back that far. As you can see there is some topographic lines to slow the elevation dropped toward the middle of the property. The sewer line that comes in from Meridian Road east -- from Meridian Road east heading west is buried only so deep and that the property -- with the elevation changes he won't be able to sewer into those homes. So he's limited to being able to provide sewer services to those homes in that arrangement. If he has to bring in the street from Bear Creek he will be required to bring in the road in an area that's unserviceable and it would cause some changes to take place in the open area, the small park that he's proposed, and to the RV storage that's there. In addition to that, he would have to create a turnaround or a parking lot for the use to the east, the commercial use to the east. That's a lot of information. I hope you are able to follow all that. 11m sure there will be plenty of questions. There is just a couple more things that I would add. I know that just today you received a copy from me concerning a position statement for Kodiak Subdivision. The recommendation from the ACHD has now been incorporated into this from a position statement, their new recommendations and new requirements, their new position statement is in front of you. The old position statement -- the old recommendation from P&Z when they recommended this to you, they included the ACHD comments from the draft report. It was not from a final report. The comments that are in front of you in the memo I gave to you show the recommendations and the requirements from the final report. I know you haven't had a chance to familiarize with that -- familiarize yourself with that. It's changed a couple other requirements in the recommendations from the P&Z meeting. There is some -- at the P&Z meeting they stated there should be no direct access from Bear Creek to this subdivision and there needed to be a gate from Bear Creek -- to keep Bear Creek people from cutting through. There is no reason for that if ACHD and the City decide that you must come through Bear Creek, because if we put a gate there he would no access, because ACHD and ITD have denied him access to the residential homes to Meridian City Council Meeting Tuesday, December 4,2001 Page 31 of 90 the west. That's it in a nutshell. If you have any questions I will be more than welcome to answer them. Corrie: Council have any questions at this point? Bird: I have none. Corrie: Okay. Is the developer or representative here this evening? Jewett: Mayor and Council, my name is Jim Jewett. My address 3090 East Gentry, Suite 115, Meridian. Let me correct one thing that Dave -- it was annexed an R-8 to an R-4, not R-4 to R-8. McKinnon: Thank you. Jewett: I wanted to correct that. I do appreciate Dave's presentation. It was a lot of information. Again, this is similar to the original conceptual drawing that was presented almost a year ago now. This is the original presentation board that I brought into the Council, I believe, in February, March of this year. This is the current plat and I put them up just to show the similarities in the two. At P&Z we did discuss the issue of access through Bear Creek. It did get talked about and it was also discussed the fact that the Council decided when Bear Creek went through that we would not be allowed to sewer through Bear Creek, we would have to rely on our sewer at Meridian Road. That presented us the difficulty in sizing and resulted in this layout. Also with the different housing types, P&Z felt that access to the Bear Creek probably wouldn't be the most appropriate for this type of housing. We did -- ACHO did call me in to talk to them at one of their Commissioner's meetings to discuss access on Meridian Road after P&Z. We had quite a lengthy discussion and they said they really felt strong that the residential uses should come through Bear Creek because of the stub street and the safety factor of accessing directly onto Meridian Road. When I went through the annexation last winter they gave me both options and their position was that you can take access from Meridian Road provided it does not connect through to access to Bear Creek. I chose the option that most suited the city in regards to the sewer. I received a letter from -- through Dave from lOT and I got the letter from ACHO and my meeting with ACHD was a strong, strong recommendation that we not use the access on Meridian Road. It was not denying it. They don't have the ability to deny me, I already have access there. The church has access there. It was this joint driveway right in here that is -- was done in conjunction with the church that's going to be built right here. So ifs a strong, strong recommendation to the city and to me that we utilize the stub street out of Bear Creek, but it's not a denial of that use on Meridian Road and ACHD -- ITD sent a letter. I talked with their staff. Again, they reiterated a strong recommendation, but that they could not deny me access, I already have access. So basically I can go the other way and redesign. There has got to be some sewer issues talked about, but I'm leaving it up to the Council, because if they want to go the way they originally planned, we are prepared to the way they original planned. We have been going along this way for a year. If they think it's better suited going through Bear Creek, then that ( ( Meridian City Council Meeting Tuesday, December 4,2001 Page 32 of 90 could be discussed. So I guess the first thing I need to know is the direction Council wants to go on this. Outside of that, I don't really have a lot of issues with the staff comments. We have worked diligently through this and I think we are prepared to move forward. I guess it all comes down to the issue with the access on Meridian Road. Corrie: Council, any questions? Bird: I have none, Mayor. Corrie: Okay. Thank you, Jim. Jewett: I would -- if no comments, we had just a couple of issues on the P&l's comments. And I don't know if I have them all or not, you were talking about other position statements I don't have, so I'm at a disadvantage. But on the RV -- the RV area here, the P&Z they had on here that they would like me to put a solid fence on the inside of the landscape buffer. I would like to have that extended to allow -- if we put covered RV storage in this area, if we put solid walls along those boundaries instead of fencing, that would amount to the same thing. Also they have asked for hours of operation of the RV storage be determined by City Council. I would just suggest 7:00 a.m., 10:00 p.m., but that was just thrown out there. Other than that, that would be the only thing I have on -- again, if there is additional position statements or conditions of staff, I have not seen them, so I could not comment on something I haven't seen. McKinnon: Mayor and Council, if I could address that. The recommendation that I had said that -- I delivered to you this afternoon was delivered to the city clerk's office today. 11)( get you a copy of that, Jim. It's just the -- Jim, I should explain what that is. That was adopting the recommendations from ACHD and that would be those changes that you're arguing against tonight that would have the stub street continue through. I guess it would be an acceptance of ACHD and ITO's strong recommendation to have access to the residential property from the stub street and that would be the change to be incorporated with that, in addition to the incorporated changes. As far as the other position statement, the only one that I have that you probably donlt have is the one from Steve Siddoway, who was at the meeting, stating that the hours of operation were to be determined by the code, covenants and restrictions of the subdivision, so that would handle the hours of operation, to be determined by the CC&R's, not at Council. That was a recommendation from the Commission. Onto the preliminary plat. It's looks like you had another one on that and it was mostly clerical, stating that the rear setbacks are straight setback and deleting a sentence and minimum house sizes, but for the most part those are all clerical corrections, no major changes to the staff report on that. You did receive a copy of the variance report? Jewett: Yes. McKinnon: You're okay with the variance report? Jewett: No objection to that. Meridian City Council Meeting Tuesday, December 4, 2001 Page 33 of 90 McKinnon: I don't think I covered that when I went through the staff recommendation. There was a lot of information. The staff is in support of the variance for this. This Is a very long, narrow piece of property with some very interesting topography, the way it drops rather rapidly from Meridian Road heading westbound. We do support a variance to the block length and to the cul-de-sac length. We would support it either direction, whether that's coming from the stub street out of Bear Creek or whether it comes from Meridian Road. Staff does support ACHD and ITD's recommendation that the stub street actually be brought from Bear Creek. Jewett: Thank you. One other question. My understanding from the meeting with ACHD yesterday on another matter, but they said that they had faxed over a letter to the Council just yesterday regarding this. I did not receive a copy of it. If there is such, I wouldn't mind seeing it. If I could have a minute to read it. The fourth paragraph it does state that Ada County would revisit this, depending on what the city wants to do. That's what they have indicated to me and I appreciate that. McKinnon: Members of the Council, Mr. Jewett, I had a discussion this morning as well with Christy Richardson from ACHD and she said that after this meeting if the city does request some changes to be made that they are very flexible with that and be happy to hear it again. It's their recommendation. It's not set in stone. Jewett: Thank you. Corrie: Anyone else like to issue testimony in this Public Hearing? Okay. Hearing none, Council, any further questions for the Public Hearing? Bird: I have none. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I don't have any questions about it, but I guess I'd start some discussion and that way maybe it will generate some additional questions. I guess I just don1t -- I don't have a real good feeling about this. I mean initially we talked with Jim about, you know, some of the issues, that this is a very awkward piece of property, it's long and narrow and has got some real issues with the ability to sewer and things like that. So I thought we had worked out the best solution. At that time there appeared to be no opposition from Ada County Highway District or the state and so I was feeling like maybe this was a workable solution and now this new information -- Jim said they didn't deny it and it says we don1t approve it. So I'm not sure if it does need an attorney just to interpret that for me or not, but there seems to be some issues there and if we don't go with the access off of Meridian Road, State Highway 69, then I think we have some other issues that maybe need to be worked out with the developers of Bear Creek and our staff and things like that. So it almost seems like given this new information, that it generates a ( ( Meridian City Council Meeting Tuesday, December 4,2001 Page 34 of 90 lot more questions. I think the desirable option now -- and I can understand, probably, why ACHD and the state are reluctant to add more access, because that's a high speed highway and there is going to be a lot of accidents of people pulling out there. So I can see from a safety concern why you would want to access it through Bear Creek, but it almost seems like it needs to be remanded back to the Planning and Zoning at this point just to work out those details with staff and to come up with a clear recommendation. I mean I don't feel good designing a project up here at City Council meeting and that's what I feel like we are having to do in this case and I'm not sure that 11m qualified to do that. So I throw those out as comments right now to see if that generates any additional questions or comments. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This plat did go to Planning and Zoning, did it not? Jewett: Yas. De Weerd: Okay. So-- Anderson: But at that time they thought State Highway 69 was the access that they should be using and now that information has changed, so if we go back and we recommend that they ought to access it through Bear Creek, then the design of it has changed substantially to me. Or it needs to be changed. Jewett: If I may. At that Planning and Zoning we discussed the different routes. They did not have the same information you have today as far as ACHD and ITO, but we did discuss it, and they discussed it with staff, you know, why we just donlt sewer it through Bear Creek, it doesnlt have the same kind of lots as Bear Creek and they wrestled with those issues and finally came to a recommendation that if it was going to be this type of housing, it should not take access -- and I believe the comments indicated that it should not take access through Bear Creek. It's our desire to move forward the way it's designed and it's our desire to take our -- you know, go back to ACHO and ITD and run the gauntlet like we always do. But if the city feels that that's a great enough basis of concern, then 11m here to discuss that and I agree that it's -- if we do a significant change we should go back to P&Z. But I believe it's a significant of not only the access wise, but housing type wise and if we go through Bear Creek for a limited amount, there is a lot of other issues that come up that need to be talked about. So City Council would have to make a decision, yes, we can sewer through Bear Creek or, no, we canlt sewer Bear Creek I think initially. This plat could be done with access change simply by extending this road to here and cutting it off here and putting the cul-de-sac here. Then all that would have to be done is Public Works would have to agree the sewer would have to come in from this side through an easement, instead of public right of way. So this side can be accomplished - ( ( Meridian City Council Meeting Tuesday, December 4,2001 Page 35 of 90 McKinnon: Jim, if I can interrupt. I had some discussion with ACHD today and they said that if they were to approve it, as you just said, coming in from Bear Creek, stopping right there at the boundary at the commercial and the residential, that they would allow that piece of property extending from Meridian Road to the residential to be public right of way and not to be private property and have to get an easement across that. Jewett: This piece here? McKinnon: That piece right there. They would allow the sewer to come through that as not being a private drive, but would actually be a public road. Jewett: Right. They just don't want cross-connection between this cul-de-sac in here, so there would have to be some private easement for the sewer to still get into this access. These lots can stay exactly where they are, just reconfigure this street to extend through it and the cul-de-sac here. De Weerd: Have you talked with the church and Bear Creek developers about this and how it might affect their property? Jewett: Well, the church -- their only concern was this joint access here, because that was the requirement from ACHD and so they are just waiting for me so I can get the sewer down to them so they can move on. So this would affect them. Yeah, you know, I talked to Craig, I talked to everybody up there and I don't think that they really prefer having a different type housing come through the subdivision. And I still don't -- I don't know if -- yeah, it does. It is pretty much a direct access. It's only these amount of lots that would be affected by accessing these -- you know, it is a pretty direct access to this property. So if a change -- if the Council believes that access is better served through Bear Creek, but still not allow sewer, I think we can accomplish it right here by simply gaining access there. It's doesn't change the plat itself, but Council would have to recognize that P&Z did recommend that if this type of housing was utilized, they shouldn't access to Bear Creek. So then the Council needs to look at you would want to allow some different housing, which require them to sewer through Bear Creek. So I would certainly like to get some input if I have to go back on which direction Council would rather see me go. But, like I say, our desire right now tonight I'd rather move forward with this. We have been a long time on it. The reason we came through with an annexation and a concept plan is because we really didn't know what to do. So we came looking for help. It didn't really work. We just got to here and everyone changed from the other agencies. So I really -- I would like to know the direction that the Council would like to go and if the condition -- I believe that if you do want to change it to go back through Bear Creek, maybe we to need look at a different type of housing and I believe that would -- that Bear Creek won't allow different type of housing. Then I think that at P&Z we discussed the fact that we redid straight R-8 lots we could put in between 17 and 20 lots, instead of the 27 of the patio home style lots. It's a reduction in density, but to create a greater lot is just a trade off. ( t, Meridian City Council Meeting Tuesday, December 4,2001 Page 36 of 90 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got a question for Chief Worley. If they come through the stub street stubs for emergency vehicles, I would think that would be very cumbersome and probably not appropriate. Could you put the overview up there? There you go. If you have no access off of Meridian Road, that means you come down Stoddard and then all the way in through there. Worley: Mr. Mayor and Mr. Bird, that certainly does add to it, the access time in there, and without actually looking at the area I'm at a loss to balance the safety aspect of the travel time versus the potential accidents on Meridian Road itself given the nature of that thoroughfare. I think it would be appropriate for Deputy Chief Silva to comment, too, because of the access of the fire department from Station One. Bird: You bet. I'd entertain that. Silva: Mayor and Council, I hadn1t submitted any subsequent comments on this, but it's due to a letter dated December 3rd and so I didn't -- I didn't think we'd have an opportunity to have that included in your packet, that's why there wasn't any additional written correspondence in your packet on this, but with Chief Worley that is a valid issue. We are going to have an extended emergency response time into this and it is a safety trade-off. Meridian Road, obviously, is a high speed highway that ACHD is concerned about, but we are going to compromise response time to this subdivision by having to go back through Bear Creek. Obviously, we are going to have to come down Overland, up Stoddard, and then back through Bear Creek to reach the homes at the end of this, what would be where the red arrow is in this particular example. So we are concerned about the extended response times to this area. This area would be served by Station One and our response -- normal response path would be right down Meridian Road and, as previously proposed, right into the subdivision. But this is going to provide extended response. It's a valid concern. Bird: Thank you. Jewett: If I may. I can't remember the name of the street. This is set to be signaled, if I'm correct. So this will have a tendency to slow traffic along here, because it is going to be signaled. I can't think of the name of the street right off the top of my head. And also we did provide the -- go back to the plat map. We did provide this emergency access here. This actually would provide another access into Bear Creek for emergency vehicles and pedestrian traffic. Watson: Mr. Mayor. Corrie: Yes, Brad. Meridian City Council Meeting Tuesday, December 4, 2001 Page 37 of 90 Watson: If I could comment on the sewer and that whole saga. Corrie: Yes. Watson: Real quickly before I forget. The reason we haven't even looked at sewering back through Bear Creek is when that subdivision was approved that lift station and sewer system were approved specifically in the motion by the Council as serving only that subdivision. So we have not even looked at anything sewering back in there, because of that motion. Engineeringwise, technicallywise, it probably wouldn't be real difficult, if it was only this project, to get it into that system, but we would want specific -- and this site only approval from City Council. We would also want to make sure that this developer paid for any upsizing costs or modification costs to that pump station and also the Bear Creek developer has been subject to the Black Cat Trunk fee. These properties would be permanently sewering towards that Black Cat Trunk and I would expect this developer to be subject to those fees, too. And I think thafs all I had on my mind, unless there is any questions. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: It would appear to me -- I'm going out on a limb here, but it would appear to me that what we need to do is -- there is a lot of questions about sewering and which direction to access this particular project from -- or development from. So it would seem like what the developer needs from us is some clear direction tonight on which way we would like this project to access. Once we provide that direction, then a decision can be made if it -- if we don't do it off of Highway 69, Meridian Road, then there is substantial chances that have to occur and it would appear to me, then, at that point there has to be additional time spent with the staff in trying to figure out sewering issues and in that case it would probably need to be remanded back to P&Z. If we go ahead and approve it with the access to Meridian Road, I would not feel good doing that tonight until I had a conversation with ACHD on what future plans and things like that, stop lights, are going to be in there and those type of questions. So either way it looks like we are not going to be able to take action tonight on it, other than possibly give the developer a little bit of direction here as far as what way we are leaning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Anderson, you're recommending that we continue these Public Hearings to another date and get this information before us from Ada County Highway District or -- because we probably aren't going to meet with -- ourselves are not going to meet with the Ada County Highway District until in January at the soonest. Or get' their recommendations. I think that -- I think the only logical on and off is Meridian Road, Highway 69, even though it is very heavily traveled. For safety I don't -- I think this ( Meridian City Council Meeting Tuesday, December 4,2001 Page 38 of 90 Planned Unit Development is a nice unit that we can try, it's something that everybody has been wanting to see within the city. I'm not -- I'm, for one, not dumping anymore back into the Black Creek -- or Black Cat sewer until we get the line down there. That affects a lot of people along the Linder Road area there. But I would be in favor of continuing this Public Hearing until the 18th so we can get some reports from them and also I'd like a written report from our fire and police department regarding the safety of getting in and out of -- what would be their recommendations. I could go off their recommendations a lot hardier than I could Ada county or lTD. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: If I could maybe ask the applicant. I think we have -- I saw somewhere here in tonight's packet that we have a planned meeting in January with the ACHD Commissioners and I think he has waited a long time on this project already, if we delayed decision on this and tabled this until after we had our meeting with ACHD and discussed some of these issues with them, how much would that mess up your plans? Jewett: Okay. Well, let me comment on one thing first, then 1111 answer that. Brad thought up another issue. If we did have the sewer back to Bear Creek, there is some extra fees here that I wasn't looking for. I donlt know what those would be, but I have seen some from Bear Creek's, so it wouldn't be peanuts. We would still be burdened with doing this sewer line here, which isnlt cheap either. So the idea of sewering to Bear Creek is looking less satisfactory to me at this moment. Okay. Secondly, we had an issue of crossing the canal here with the sewer and that is going to be a timing issue. If you put me out much longer than right now, there is a good chance if I have got to come back with a final plat before Public Works will approve my construction zoning, I need to really be in there early spring putting that sewer across or 11m stuck until the water is out of the canal again and it has been a long point to get to here. ACHD's is a recommendation. They sat there and told me that if -- the way it has to be is the way it has to be and I will come back to them and they will revisit it and they will approve it. I have no problem with that. So I -- a January delay would be -- if I have got to go to P&Z it would just be a tremendous delay that would be very cost prohibitive, because it would really put me into next year again, next year being 2003, before I could do that sewer. The church needs the sewer. I think they have every plan to try to get going this fall and spring on their operation and they have been sitting patiently waiting for me. We had extensive sewer discussions when it came to annexation on how to get that sewer down to them and we finally agreed on doing it down the easement. So I would ask that we move forward tonight if the consensus is that we use Meridian Road. If the consensus is not, then I think we have no choice but to delay it somehow, but -- Anderson: But, Jim, I'm hearing two different things. I mean I got a letter from ACHD that says it's not approved and then I hear you saying, well, they tell me that they will approve it and that's part of my reason why I'm suggesting waiting until we have our meeting. Now if you feel like you can go back to ACHD tomorrow and get them to put ( Meridian City Council Meeting Tuesday,December4,2001 Page 39 of 90 something in writing which says they are okay with this, then I have no problem with putting it on the meeting on the 18th, like Keith said, but I don't feel real good tonight approving this without further discussions with them on this. Jewett: I believe the letter from ACHD and I believe comments from staff is that -- and it says right there they would revisit it. I mean they want to make a strong recommendation not to use Meridian Road and that's what they set out here to do. I think it really comes down -- if you approve this tonight and they don't approve my access, I'm the only one that has lost. You didn't lose anything. I have to come back to you, then, and change the plat and I'm sitting here saying that I'll take that risk and that if the outcome is going to be the same 60 days from now, two weeks from now, then I'm asking you to move forward tonight, then I'll take that chance and go back to ACHD. To answer your question on the 18th, I believe the soonest I can get back in front of ACHD is several weeks. I have to make a formal request and they have to put it out and post it and so it would probably be in early January before they would actually be able to hear me. Anderson: And I have to put a lot of credence into their recommendations here that they give us, you know, like you say, are strongly recommending that this not be approved for Meridian Road. So I mean I appreciate your time constraints and now that you're up against a time wall now it's the Council's problem, but, you know, you could have been back here before the Council sooner than this, because we haven't been holding you up on this project. McKinnon: Mr. Mayor? De Weerd: Mr. Mayor? Bird: Mr. Mayor? Corrie: Okay. Mrs. de Weerd and then Mr. Bird and then -- De Weerd: Jim, do you know what the ITD traffic signal issue plan is for that stretch of road? Jewett: No. De Weerd: It seems like with the Nazarene Church also going to be entering and exiting in that same area, I imagine that's going to be their only of access as well, too? Jewett: Correct. And that was one of the requirement from ACHD to this body was that this would be the church's only point of access. De Weerd: So, you know, I agree with Mr. Anderson, we need further information as to I guess why ACHD is making this strong recommendation and further information would be included on a plan for signalization. If they are going to put one out there at Elk Run, / { Meridian City Council Meeting Tuesday, December 412001 Page 40 of 90 most likely it won't have a light out there, but if you have a light, you know, why would you not be able to access out there? Jewett: I believe if we look at ACHD's comments from the annexation it says, as recall - - I don't know if Dave can look it up -- I believe that on my papers back there -- on the annexation request at that point it says it is scheduled to be signaled. I just believe in these set of comments -- I believe it was those set of comment is where I learned of it. De Weerd: It said what? Jewett: That it would be signaled. De Weerd: Oh. Okay. Jewett: And then Amity has already been signaled. I don't know of any indication on Victory, but I believe that was from the -- I believe it was in the annexation comments last spring and I have them all back there, but I don't want to take the time to go dig them all out. The 18th -- I don't believe I can have any information for you by the 18th. I mean something in writing from Commission saying, yeah, we approve this. Again, if this body approves it and they don't, I'm the only one that lost here, because I would have taken a chance. So I guess I still come back to what does this Commission want? Does this Commission want it to go through Bear Creek or do you want it to go back onto Meridian Road? And eventually this is where the final say is going to be. I have to go and make everything work from there. This is the final say. Anderson: But we are not traffic engineers. We are not safety engineers. So we want to consult with them and I would hope that you could appreciate our position on that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: One thing I -- the only thing I'm going to say is they passed this on October 24th and at that time they directed staff to send a letter to the city regarding this. When did we get it? December 3rd. October 24th was when this was passed and we are just getting it on today? Or yesterday? I would hope that if that was something that we directed our staff to do that the Mayor would see that it didn't take a month and a half to get a letter to the people. That's not fair to anybody. I would like to see this continued to the 18th primarily to request that Ada County send a person over here to testify one way or the other from their staff and also I want -- you know, I'd like a report back from our police chief and our fire chief to -- for the safety aspect. That is my concern. Jewett: I think if a request came from the Council and Mayor that -- for the ACHD staff to be here on the 18th I think that someone would attend. So I think that's -- probably two weeks is not going to make a big change. January would. So I could accept that. I would really call and make sure they are here. ( ( ~ ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 41 of 90 Corrie: Jim, I think we could continue the Public Hearing to the 18th, but I have a real concern with Meridian Road. I don't think ITO is going to approve it. If they are going to put a light up there and they are not going to put a light at yours and then also at the entrance to the church and I think you're betting on -- a lot of money here and I don't know whether I feel comfortable throwing the dice for you. Jewett: I got a copy from Dave. They never bothered to send me one. It was dated November and I got it Friday. But I called them immediately and I couldn't get a letter from them, but he says that they are following ACHD's recommendation, but that they could not deny me the access. That was their quote. They could not deny me the access. It was just strongly recommended. They have already stated that the commercial is going to go there. They have to provide access to the church and the commercial use I put there on the front. All they are doing is falling back and saying that the residential use doesn't come out of there as well. And, again, I wouldn't be standing here saying to do this if I thought I was going to buck the system over there for a year. You know, I wish I would have had more time to get something in letter form from them and I don't know why ACHD took so long. They were like, okay, we are going to do something about this and then they take a month and a half and then they send a letter. Because they originally had this application on the consent agenda and pulled off it and asked me to come in to answer these questions and so I came in. These were primarily a consent agenda item and -- so, again, my conditions of approval from ACHD back in January when they approved this for annexation was giving me two options. This is one of them. And I have that in writing and that's in -- that's in your staff's annexation packet and ifs in my packet in the back when I got approved the annexation from the ACHD they gave me two options, coming in from Bear Creek or utilizing the joint access with the church. So -- and I have that right in the -- as an option, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think the thing that -- this entryway is not going away regardless of how we approve this one. This is going to be used by the church, whether it's just for the church or if they put a school out there at a later date or whatever, this entryway is strictly for that. All you are doing is putting in -- it's going to have more car trips because of the deal, the Planned Unit Development in there. So the entryway stays regardless and is going to be used by the church and if Jim wants to put a retail outlet or commercial outlet on there, it will be used for that. Like I said, my concern is for the safety of getting the cars in and out and whether we have to go right in, right out, I don't know. But I would -- my recommendation is that we continue this Public Hearing for these three items until December 18th, 2001, and ask that we get somebody from Ada County Highway District staff over here to testify one way or another and that will give our Chief Worley and Chief Silva two weeks to get -- to look at what their recommendations would be as far as getting the traffic on and off. ( Meridian City Council Meeting Tuesday, December 4,2001 Page 42 of 90 Corrie: Well, any other comments? McKinnon: Mayor and Members of the Council, if I could, just a couple things I'd like to address before we get off topic. I have had a chance to spend a little bit of time back here with Chief Worley and Deputy Chief Silva about the access there. In talking with Deputy Chief Silva, we talked about maybe moving the access gate that we now have on the western edge of the property -- Corrie: Can you use that marker or something? I can't - McKinnon: Just got the laser pointer right there on the western side of the property. There is -- the recommendation from the Commission was to put the emergency vehicle access gate right there. If we were to move that emergency vehicle access gate to the east all the way adjacent to -- all the way over to your commercial property, Jim. Put the gate right there. That would give Deputy Chief Silva's men the ability to come in off of Meridian Road, access those homes through a gate right there, rather than have to go down Overland Road, down Stoddard, and then over. There could be a gate that could be placed right there. That would eliminate the negative response time to a situation that would be barricading that off. We could put a temporary gate right there, an emergency vehicle access gate. There wouldn't be any decrease -- there would be a negligible decrease to the response time, but ifs going to be better than having to go all the way through and that's a simple solution to that. As far as the -- I could let Chief Worley address the issue of where his people are, but if they typically have not -- in my short conversation I had with him they are typically not based in anyone location, they are not sitting at a fire station, they are not sitting at a police station ready to go out. They are on the move. And so access points for them are not as important and response times for them are based on where they are at at the time, not where they are at from a specific location. So the idea of a response time being changed due to the fact that we would be shifting all the access from Bear Creek off of Meridian Road. The discussion on that would be somewhat futile to have additional language added to that. Those can be addressed in a simple manner, as I just explained. A couple other things that I think need to be brought up. The timing of the letter was very unfortunate. We received the letter yesterday from ACHD in the afternoon, that's the reason why I wrote a response today, that's the reason why it was given to you just before the meeting. I have had an opportunity to read through their letter. I had to request their staff report from that. The report actually never made it to our office. I requested that this morning and that's what you have in front of you right now. The language that was included from ACHD's report that I have right there, all of their recommendations and information was included in that. It's in front of you in a position statement that I gave to you tonight. This is their reasoning behind that. I know you haven't had a chance to review it, because I just gave it to you today. The reason for that is I didn't have a chance to write it until -- I finished writing it about 2:00 o'clock today and sent it to the clerk's office as soon as I had the opportunity. I'm sorry that we weren't able to get it to you earlier. The letter from ITD came in just this week as well, dated November 15t from ITO, and that was, obviously, because they had the meeting on October 24th. l- 't Meridian City Council Meeting Tuesday, December 4, 2001 Page 43 of 90 Our Commission met on October 18th and made their recommendation October 18th. This is all new information and ifs new to us as staff, because we haven't had a chance to spend a whole lot of time with it. A couple other things I might ask that the Council address is the size of the lots, the reduced setbacks. This is a very different type of subdivision than we have in Bear Creek. If you look at Bear Creek, I guess that would be Plat No.6, Phase No.6 to the north, they have some fairly large lots there. In fact, there is -- if you take all of the -- Jim, if you could take your pointer and point to the lots on the north adjacent to your commercial? There is one lot there that will have six and a half backyard neighbors. Every single one of those homes in Jim's subdivision will be 12 feet from the property line, separating six homes from one home. The only thing that would be separating them would be a wrought iron fence. Those are two story homes 12 feet from the property line. Thafs very different type of housing than what we have in Bear Creek and whether or not that's appropriate I think should be discussed in this forum. The setbacks also should be addressed. The new setback that we have in our adopted Planned Development Ordinance requires that we not allow any reduced setbacks on the periphery of a planned development. The reason for that is we donlt want the planned development to impact other areas that are not part of the planned development. By reducing the setback in the rear of these properties on the north on the top of the project right here, we are impacting those larger homes -- the larger large lots in Bear Creek and I donlt know if that is exactly fair and equitable to say you can have six and a half backyard neighborhoods and they can look down into your yard from their two story home. That's -- there is some issues that we think were discussed with the Commission, they felt that it would be appropriate, but those are also issues that can be discussed by you tonight and I would feel more comfortable if those issues were discussed by you and have some sort of consensus on that before it's either remanded back to the Commission or tabled to a further meeting. Corrie: David, I'm getting a little confused. You said the north side, but Bear Creek isnlt on the north side. McKinnon: Yes, it is. Bird: Go back to your site deal. McKinnon: That's Bear Creek No.6. Corrie: Oh. Okay. McKinnon: That was west part of the preliminary plat for the entire Bear Creek. Jim, if you could take your pointer and put it to that little triangle right there. I think it's around 29,000 square feet. There is a cul-de-sac that ends right there. Jewett: There is a huge triangle-shaped lot here because of that and it really makes it an aberration. r ( Meridian City Council Meeting TuesdaYI December 4,2001 Page 44 of 90 McKinnon: Yeah. It does make it an aberration, but it is something that we have to deal with. Jewett: And on the two subdivisions that Dave mentioned earlier about Woodbridge and Wesley, both of them had the same issues with multiple lots backing up to other lots. I believe in Wesley they had one acre lots to the south of it and they had four and five lots to one and in Woodbridge to the south side has one acre lots -- both sides of Woodbridge has small lots to big lots. It's a condition that exists. This one doesn't exist today, because it isn't platted, but we know it's coming. I don't know when that phase is planned, but it is preliminary platted. That's all the more reason to get this done before somebody buys a lot, so that they know what they are buying, because it's there, so they can't say they were buying an open field. Back to Dave's comments when he started there. If you go back to the plat map. As I said earlier, I don't have a problem if the Commission wants to access off of bollard out of Bear Creek and put the bollard up towards the front so that the emergency access is still there, but the road simply just comes in the other direction. I me~n I don't believe that that -- it doesnlt change the lot. It might configure the lots a little bit on the end, but it really doesn't change them. I think that can be accomplished and I donlt have a problem with doing that. Nothing changes in the plat, it would just be where the access comes to the residential lots. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I mean we can sit here all night and debate on this and I think what we need -- you know, common sense to me means that -- you know, we are going to make people go three quarters of a mile to their house through another subdivision. If we are so worried about the on and off of Meridian Road, when they finish up Bear Creek No.6 we'll make Elk Run go through there and we will have a stub deal there and we will shut Elk Run off. Yeah, you can have a stub up there to the main road up in Elk Run. Yeah. You can have a couple of them. So my concern is from Chief Worley's -- I'd like to see his recommendation on getting traffic in and out of there without accidents and that's my one concern. I think -- I think we are asking for many problems if we try to take that and go through Bear Creek, through that stub. lid like to see that stub road in - - hooked in there, but you're pushing people three quarters of a mile through subdivisions. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I'm like Keith, (1m tired of debating this tonight and want to get moving on, but I think there are substantial questions that are still up in the air about this project and given the information we have from ACHD and the state highway, it's obvious that they prefer that they donlt dump onto that road and, Keith, you're exactly right, it's going to increase response times to the fire department, but I think the developer could get with Meridian City Council Meeting Tuesday, December 4,2001 Page 45 of 90 Bear Creek, he could get with Elk Run, he could get with other agencies and they could work out a heck of a lot better plan than what this has right now, even if a little stub street was put so they can go up through Bear Creek or Elk Run and there is lots of different avenues that this could go than what it is now and it just doesn't look like a very good project to me at this point and I would be in favor of remanding it back and starting over. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Okay. When the church comes before us then -- which will create on one day more trips in and out off of Meridian Road, are we going to have them go through Bear Creek, too? Are we going to have a southern deal? Anderson: The key word that you said there was one day and Mr. Jewett's already said that they will approve commercial plans along that highway. That's a done deal. That's not difficult to understand, but -- Bird: There is also a planned housing in -- Anderson: It's into that state highway. Bird: But the church also has some planned housing in behind. Anderson: And that could all be worked out in part of this detail that I'm talking about, to figure out an alternative to bring them down to a traffic light or do something else. Bird: I think we need to make a decision ourselves and -- Jewett: Mayor, Councilman Anderson, when both Bear Creek came through here and when it came here I was here. I raised these questions and these spoke to the development agreement and the conceptual drawings when it first was approved and Bear Creek was approved and they ignored my concerns. I said there should be a stub street right here. So to sit here and say maybe we should go back and work something out, I take offense to it, because I was here. Anderson: Take offense to it or not, it's still something I believe and I think ought to be done. Okay? Jewett: We can't go back and make Bear Creek do something different. They got it approved. They blocked me. The church is approved, the development agreement is filed and recorded. So, you know, I was here beforehand saying this is what's left, you know, and we are going to be limited and so the project went through, I am limited to that what I have and -- you know. Meridian City Council Meeting Tuesday, December4,2001 Page 46 of 90 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we need to table this to the 18th and ask ACHD to have -- to continue it and ask ACHD staff to be here to answer questions as to what the plan is in that area, because it's not just this project, it is the church that's coming up and we should have a better understanding. Traffic is going to go out at that -- that entry point, whether it's the church or these residences, but I think it would be necessary to have that information and let Mr. Jewett explore other potential avenues that he might want to explore in this next two weeks as well. I would also like to have Bear Creek here to provide input as to the impact of this property. So with that I would make a motion to continue these Public Hearings to December 18th -- 11, 12 and 13 -- 2001. Bird: Second. Corrie: Okay. Motion has been made and second to continue the Public Hearing until December the 18th meeting and for the different entities to come together and also for police and the fire department to give their reports as well. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just one final comment is that doesn't mean on the 18th that our questions will be answered necessarily with ACHD. It may need to go to where we have a conversation with the Commission itself. So I want to make that little footnote just so you're expectations aren't too high. Hopefully their staff will be able to answer it, but just to footnote that. Corrie: We are through. We have got a motion before us, so -- Jewett: I just wanted to clarify is the Public Hearing being held on the specific traffic issues or for everything? Corrie: Everything. Okay. Any other discussion? Bird: I have none. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I guess I would maybe ask for a little clarification, I guess. Can anything be done ahead of time -- the applicant and ACHD and our staff work on anything -- I guess I would prefer that they try to meet ahead of time and work out some details. Maybe ( Meridian City Council Meeting Tuesday, December 4,2001 Page 47 of 90 they could come here and have an agreement, other than us tying up another hour or hour and a half at a Council meeting trying to -- De Weerd: That's why I suggested that Mr. Jewett might have something more to discuss at that time. Anderson: Well, I'm hoping they have something before that. Bird: But in a Public Hearing, when you continue a Public Hearing, I don't believe we can specify one single thing, because it's an overall Public Hearing, we are -- so, yeah, I would agree with that and I hope that staff could get together -- Anderson: I would encourage them to get together ahead of time to try to work out some of these details. Corrie: Well, I would recommend highly -- I don't have the calendar, but that's the end of the discussion. Okay. Lefs have a roll-call vote on that ordinance -- or that motion, please. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Then we will continue the Public Hearing until December 18th on Items 11, 12 and 13. MOTION CARRIED: ALL AYES. Corrie: Before we go to Item 14 I'd like to take about a ten minute break and then we will be back at -- try to be back here about five after 9:00. Bird: So moved. RECONVENED AT 9:05 P.M. Item 14. Public Hearing: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Item 15. Public Hearing: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development - northwest of North Meridian Road and West Ustick Road: Corrie: Okay. I will reconvene the City Council Meeting from our recess. The next item on the agenda is the Public Hearing, request for annexation and zoning of 100.71 acres from RUT to R-4 zone for Revised Cedar Springs by Kevin Howell Development, II i I, Meridian City Council Meeting Tuesday, December 412001 Page 48 of 90 northwest of North Meridian Road and west of Ustick Road and also there is a request by the Revised Cedar Springs for a Preliminary Plat approval on 264 building lots and 31 other lots -- or those are two different things, aren't they? Okay. We can open them both up if you'd like. Okay. So I will open the Public Hearing on Items 14 and 15 and the staff comments first. McKinnon: Thank you, Mayor, Members of the Council. I have got a laser pointer, so I can help out now. Hopefully it will help follow along with what I'm saying. This is the 56 -- 58 acre park that the city is working on right now. I know at your last meeting there was some discussion that was had about whether or not the straightaway would be located in the subdivision. Go ahead and change maps here. This is the park right here. There is a straightaway starting from right here running directly across the park frontage. ACHD has some very serious concerns about creating a drag strip right in front of the park, especially with people traveling from the neighborhood across the street into the park. So there has been some discussion with ACHD. I know that members of my staff, Brad Hawkins-Clark, met with the parks department and with the applicant to discuss some traffic calming ideas and some techniques that could be utilized in these areas. The four different ideas that they came up with are as follows: Number one, construct a street section at 29 feet width, rather than the standard 36 feet to reduce the speed of traffic. Essentially just taking the road and narrowing it would not allow vehicles to travel as quickly as they do in the neighborhood subdivision, which typically has a 36 foot wide road section. Number two is to restrict parking on both the orth and the south side of the street. Number three is to paint the south curb, the curb directly adjacent to the park, with a red paint to designate it as an emergency lane and access and also to prohibit people from using that for parking for the park. And, number four, we were talking about installing a landscape aisle to Ashby -- which I believe is this street right here -- to eliminate the straightaway and force vehicular traffic north around the block. So what we would essentially do is right here bump the park out and up right there so that instead of having a straight path they could travel on -- my hand's shaking because it's a long distance from here -- right there they would have to travel along the street and then go up, over, and then back down and across, which doesn't allow them to have a straight shot. So if we had a narrow street right here and then added the bump out right here, they wouldn't be able to travel down the street as quickly as they can right now with a 36 foot wide street section. We are comfortable with those types of traffic calming techniques. ACHD had some concerns with those traffic calming techniques. However, they can only make a special recommendation to the city, they can't make any requirements to do any further changes from this. Brad Hawkins said that the applicant would be here tonight to discuss those options with you and he can go into depth further as to what else they would like to do with that and how they would accommodate those changes. As far as the design of the subdivision, there is very little change, if any, from when you saw it last and lid ask if there is any questions. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting Tuesday, December 4, 2001 Page 49 of 90 Bird: David, you say you're taking the street down from 36 feet to 29 feet to reduce speed? McKinnon: That's correct. Bird: The ones that are going to speed in there, regardless of how wide it is, all you're doing is getting in closer to a wreck. I mean the kids -- the guys that are going to speed in there regardless of whether it's 36 or 29. The wider the street the better you are. McKinnon: To some extent I agree with you only from this -- from about right here to here. There is some curve to the street as you get to these areas right here, then if you also add the bump out in addition to the 29 feet of narrowing it -- and that comes from some traffic engineering studies that say that in a neighborhood with a narrower street they actually do travel slower. Part of that is a result of allowing people to park on both sides of the street and they can't actually travel in a fast lane. If you imagine the north end of Boise, the traffic can't actually go much faster because of the narrower streets, the crossing. I agree with you wholeheartedly that a 36 wide one would allow just as much speeding as a 29 and there could be some changes there, but if we made the bump right here, that would nit allow them to come as quickly into that bump, because they wouldn't would have as much radius to make that turn. Bird: What about just speed bumps? They are the greatest thing I have ever seen to slow somebody down, especially me. McKinnon: To me, Mayor, Councilman Bird, it's a mixed bag with speed bumps. ACHD -- I have had numerous discussions with ACHD. They receive complaint after complaint after complaint with the speed bumps. I know for a fact living on a street that has had speed bumps in the past that one of the more fun things to do is -- when you're a young man or a young woman that's driving a car is to actually go faster over the speed bumps. You can't catch any air, but you actually -- your suspension feels it a lot less if you go faster over the speed bumps. I've seen it over and over and over again off of Vista where we used to live. The speed bumps do slow some vehicles and I think that there is some types of speed bumps that do, but in neighborhoods people typically do not like to have speed bumps in the neighborhood and, like I say, I think it's a mixed bag. We are looking for something as an alternative to that. Some other alternatives that we discussed with staff was to put in some marked crossings with stamped concrete of a different color going across the street that would designate that, hey, these are crosswalks right here, another idea has been discussed to slow vehicles down. However, at night when you have vehicles traveling it's hard to see and they donlt do a whole lot. There is a lot of different ways to calm traffic. There has been some discussion about, you know, putting in the barricades right here, the small bump- outs. If you have ever traveled down Irene Street from State Street to Harrison Blvd., you know that they have the bump-outs across from the park that's there between 24th and 25th -- well, between 24th and 22nd Street. This is similar to this where they have a park with homes adjacent to it and this is the main street through here. What happens with the bump-outs that are right there is the same thing he said, Chairman -- ( '. Meridian City Council Meeting Tuesday, December 4, 2001 Page 50 of 90 Councilman Bird, is that the vehicles actually can go straight through those bump-outs. Rather than follow the curve through there, they just go straight through, because there is no other vehicles is coming crosswise at them. We are not going to be able to stop everybody from speeding and we are just trying to come up with some alternatives to putting this park out further and then back in and some all alternatives so speed bumps, because they are sort of a mixed bag. Just some different alternatives and I know that applicant is here tonight -- or he was here earlier, I was talking to him, but they have some thinking and some thoughts on those alternatives as well and I think that they probably ought to have a chance to explain some of the reasoning behind that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: David, how about traffic circles? Were those considered? McKinnon: A traffic circle as you see in -- where you would have a center circle right here with vehicles that come in and be able to rotate around until they want to escape is De Weerd: I know that you don't have a four way, but as a calming device utilize the circle -- McKinnon: Putting a circle so they'd have to go out and around the circle? De Weerd: Yes. McKinnon: The island, is that -- the island concept? Yeah. We discussed an island concept there, too. Some of the problems that we have with the island concept is that you have an island that's in the middle of traffic that's hard to maintain anything that's planted in there. Otherwise, you end up with just an extruded curb in the middle of the street and that can run into some problems with the fire department when they come down this road for emergency vehicles, they are a larger length vehicle and they wouldn't be able to turn up and around a small island in there. It makes it hard to maneuver the vehicle. In addition to that you have a wider street with parking on the north side, right there, and you have an island right here, to be able to maneuver a vehicle from -- around an island with a vehicle parked right here, it makes it much harder with a longer length truck. We are looking for options and those are some of the options that we have looked at, Tammy, and we would be -- we are very open to any types of options that you guys have and that's as good an option today as we have come up with. Corrie: Okay. Any questions? De Weerd: Does Elroy have anything to add? Meridian City Council Meeting Tuesday, December 4,2001 Page 51 of 90 Huff: Elroy Huff, city parks. I don't know if you guys have -- let me show you -- what I was talking with Gary about today - Corrie: Talk into the mike. Huff: What I was talking with Gary about today was right here is to block that street and I talked to Paul about it, too, and what it would do is essentially bring the park right up into there a little bit and all the traffic would go up and that would be the -- that would eliminate having to do anything else in this street, narrow it or anything else. It would just be that block right there which would be park and landscaped and the traffic would go up and come into there either way. If we can't have a street all the way through, that's probably the easiest option I can see from what I have been looking at. Does that make sense, Dave? Did I get that pointed out to - Corrie: Yes, it does. Huff: The simplest thing we can do the better it is. Corrie: Any other staff comments? McKinnon: That's works for me. Corrie: Okay. The developer. Lee: My name is Gary Lee with JUS Engineering, 250 South Seachwood in Boise, and I just wanted to quickly hit some of the points from our last meeting when this Council had remanded the preliminary plat back to Planning and Zoning. There were five specific issues that were addressed in that remand order. I'll just quickly go through these and read them for you. The first one was to extend Ashton Street to the western boundary. Up on the very northwest corner of the site you can see where there is dashed street going off to the west. That would provide access to the John Kennedy parcel. That was added to the preliminary. There were -- the second item was to remove any references to limited office or multi family. There is a couple of cul-de-sacs, one right on Ustick and one over on Meridian Road, that had notes on the previous preliminary plat about a different use than single family. Those, obviously, were removed. But on the third item was to relocate the street that we just were discussing, that's Ashby Street along the common boundary with the park, and the fourth item was to add some lot size diversity within the development and along with that item -- it wasn't specifically stated, but the Planning and Zoning director had concerns about block length. So we did some redesign work throughout the development to cut down the block length and to also increase some of the lot sizes in there and to get a little better spread on our lot dimensions. The fifth item and last item was the Venable Lane situation along the western boundary about two-thirds the length of the site. We are going to construct Venable Lane as a residential collector up to that T intersection and from that point north we will vacate Venable Lane on our side of the development and we will still provide access to Mr. Kennedy's parcel in two ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 52 of 90 locations. So we addressed those five points and in regard to the preliminary plat before you and the real fly in the ointment is that common roadway between our development and the park. You see that the staff -- now this hasn't gone to county -- Ada County Highway District commission yet and staff has taken the position that they are concerned about safety. I asked the question of a staff member why she was concerned and I never have gotten a really good answer. There isn't a lot of traffic on that road, there is less than a thousand trips. I don't know that we are going to experience a lot of pedestrian traffic that would cause some special concerns crossing that roadway, it's a local street, but they expressed the concern and that's how they presented it to the county commissioners. This particular application was to go to the county commissioners during their mid November meeting, although they neglected to invite myself over to the city to attend that meeting to discuss the situation. So they pulled it off the meeting and they tabled it until this week's meeting with the hopes that myself and also the city parks could attend to review this street. Tom Kuntz was out of town, so we postponed it again to the 12th and we'll have our chance to go in and talk to them. I did take the liberty to contact one of the commissioners who I knew personally and talk to her about that situation and the way it was presented to me was the staff's recommendation is a special recommendation to the City of Meridian. It's not a site specific requirement. It's not something that has been in their ordinances or their policies to limit this kind of design. What they are doing is just kind of throwing up a flag and saying, City of Meridian, you want to do something special here to maybe protect yourself from future liability? So along those lines we met with city parks a couple of times. We also met with the planning department and with ACHD staff and kicked around a lot of different ideas on traffic calming and the consensus was at our last meeting with Mr. Kuntz and Brad Hawkins-Clark was that the four items I dictated on that memo that I just passed out to you to help reduce the safety concerns and to hopefully slow down the traffic and I personally believe that the blocking of the road in that block and -- it's actually one more block over from where Dave was pointing out on this -- right in there. The next one over. In that area is probably the best solution. So what it will do, it will dump more traffic onto the collector street to the north and it will further reduce the amount of vehicles going through that roadway. Of course, they are going to have to slow down to make that maneuver, it's going to be a fairly sharp turn on both sides. Folks will have to slow down. So I believe the combination of those four items is a pretty good effort to show ACHD that we can do some things to calm that traffic. But the decision is yours, you know, from the city's point of view. I will be glad to answer any questions about any of these five items or the safety issue. Corrie: Any questions from Council? Bird: I have none, Mayor. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Meridian City Council Meeting Tuesday, December 41 2001 Page 53 of 90 Anderson: I just had the one question, Gary. Are you proposing doing all of these options or just choosing the best option? Lee: I think we can do all four or we could do a combination of any of them. I know the parks had stated at one time that they just as soon not do anything to it, just leave it the way it is. But, you know, the choice is yours. Anderson: Okay. Lee: Thank you. Corrie: This is a Public Hearing. Is there anyone from the public that would like to issue testimony? Huff: Elroy Huff, park superintendent. We looked at that street a long time and Tom and I have talked about it on occasion and we talked about the fact if there was some way to leave that street open, that we would, but we realize the safety concerns and rather than do a whole lot of fancy stuff, we feel like if we just block that area off, that would cut traffic and we wouldn't have to put a lot of other obstacles into that street. That's kind of what we are looking at without doing a lot of other things, but do that one thing and that would probably take care of the concern with ACHD and the safety issues at the same time without having to put a lot of other traffic stuff out in the street or narrowing the street at all. I'd rather do one thing than do a whole bunch of things. Thank you. Bird: Just a minute. Mr. Mayor? Corrie: Mr. Bird. Bird: Along our northern boundary there are we going to have a chain link fence or any fencing from the park to the roadway? Lee: We are discussing what kind of fencing we may need as a buffer along that pathway that goes down the north side of the street that would interrupt anyone from being able to get right into street real quickly, some kind of a buffer, something that you might even just go through and maybe get over, but you just can't go back over into the street without slowing down, but that would be back off the street a little ways. It won't be too close. Bird: And that would have some pedestrian entrances and stuff? Lee: Yes. I don't know if it will be chain link or something decorative, but something that will act as a buffer to make sure that there is some space between that -- that buffer or fence before we get to the street, so if they do get over it real quick they don't just come out into the street. We have those concerns. Meridian City Council Meeting Tuesday, December 4, 2001 Page 54 of 90 Bird: Okay. Thank you. Corrie: Thank yOU. Lee: Thank you. Corrie: Anyone else? Okay. Council, questions? Bird: I have none. Corrie: Okay. I'll entertain a motion to close the Public Hearing on Items 14 and 15. Bird: So moved. De Weerd: Second. Corrie: Motion has been made and seconded to close the Public Hearing for Items 14 and 15. Any further discussion? All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I appreciate all the work that's been done. This is a much more viable project and it works well with the park and that sort of thing. I guess the only thing I would raise at this point is this same issue that came up across the street and with the timing of the White and whatever comes out in the recommendations with the North Meridian Planning process. So I just want to put that out for discussion and just again reiterate to the applicant we really appreciate what you have done and I know you had to go through a huge effort with the frontage road and appreciate all your efforts. Corrie: Any other comments? Okay. Hearing none, I will entertain a motion on the request for annexation and zoning, AZ 00-019, 100.71 acres, Revised Cedar Springs. Get paid by the hour. Bird: I will throw something out, find out whether it goes or not. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting Tuesday, December 4,2001 Page 55 of 90 Bird: I would move that we approve the request for annexation and zoning of 100.71 acres from RUT to R-4 zones for the Revised Cedar Springs, northwest of Meridian Road -- North Meridian Road and West Ustick Road and for the staff comments to be incorporated and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Okay. Do I hear a second? Anderson: I will second it. Corrie: Okay. Motion has been made and seconded to approve the request annexation and zoning of the AZ 00-019, 100.71 acres from RUT to an R-4 zone, Revised Cedar Springs. Any further discussion? De Weerd: Mr. Mayor? Corrie: Okay. Mrs. de Weerd. De Weerd: I guess I would like to say again, as I did with the application in the last month, is I don't have a problem with this application, it's more of the timing and getting some answers to the White Drain and the North Meridian Planning Area. So we did delay the action on another one until February and I don't see what makes this different from that. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I, too, have a lot of the same concerns as Tammy has and I think the size of this project concerns me. We have talked about sewering issues and we have talked about the development that -- how this will strain public services. I know that we have had a developer who, in the interest of knowing that we had these concerns, had promised that whatever happened with the North Meridian Planning Group that they would be willing to pay whatever additional fees might come out of that and things like that and I would hope that this developer might maybe think along those same lines and get involved in those discussions and so the reason I seconded this motion is just to sort of get it on the table and discuss it a little bit -- a little bit more and what their concerns were. I really don't have any heartburn, if this motion fails, in delaying it a little bit. Corrie: Okay. Any other comments? Bird: I have none. Corrie: Okay. ( Meridian City Council Meeting Tuesday, December 4,2001 Page 56 of 90 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess my question would be is this would be on an approval, but if it's felt that it would be a denial, but more of a deferral. Corrie: Is everybody clear on what the motion is? Okay. Mr. Berg, roll-call vote, please. Roll-Call: Bird; aye; de Weerd, naye; McCandless, naye; Anderson, naye. Corrie: Okay. Three nayes. Motion to approve is denied of annexation and zoning. Which makes the item on the Public Hearing request for Preliminary Plat mute at this point. Do we still have to have -- I will entertain a motion on the Preliminary Plat for the approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone by Revised Cedar Springs. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We haven't acted on the annexation and zoning. We didn't deny it, we just didn't approve it. Bird: You didn't approve it, you denied it. De Weerd: No. We didn't. We voted on the motion. So I would like to make a motion on Item No. 14, request for annexation and zoning to defer until February 19, 2002, for the Revised Cedar Springs. Corrie: Defer to what date again? I'm sorry. De Weerd: February 19, 2002. I believe that- Corrie: That's the date that -- Bird: That's the other one. Corrie: Okay. McKinnon: Sundance Subdivision. The Sundance Subdivision would be heard on that same night. Corrie: Do I hear a second on the motion? ( ( Meridian City Council Meeting Tuesday I December 4, 2001 Page 57 of 90 Anderson: I'll second. Corrie: Okay. Motion has been made and seconded to defer until February 19, 2002, the request for annexation and zoning of the Revised Cedar Springs, AZ 00-019. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just to give clarity -- and I would imagine the applicant probably already knew we took that type of action on Sundance, so might have anticipated this, but it -- to look at how the White Trunk is timed and to what the development frame will be on that and also what recommendations come out of the North Meridian Planning Area. Corrie: Any other comment? All right. Mr. Berg. Berg: Mr. Mayor, thank you. Members of the Council, my concern is we are deferring this and we are going to have a new member of this Council and we are going to have to have some findings to be prepared by the attorney -- Bird: That's right. Berg: -- and I'd just, I guess, ask for legal advice or whatever. Do we need to continue the hearing? Do we want to get information after you have heard Sundance? Bird: But you have already closed the hearing, so you can't -- Berg: You can come back and reopen it. I'm just stating there is another situation that will be happening on the February 19th meeting. Swartley: Mayor Corrie, Members of the Council, I would suggest you reopen the hearing and then continue the Public Hearing until the 19th if that's what date Mrs. de Weerd would like to hear it. McKinnon: Mayor Corrie, Councilwoman de Weerd, that is what we did. Bird: What's that? De Weerd: We continued the Public Hearing? McKinnon: We continued the Public Hearing. Corrie: There is a motion before the floor. Meridian City Council Meeting Tuesday, December 4,2001 Page 58 of 90 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would happily withdraw my motion. Anderson: I second. Corrie: All right. Then the motion is back on the floor and -- Bird: Mr. Mayor? Corrie: Yes, Mr. Bird. Bird: I would move that we reopen the Public Hearings for Items No. 14 and 15, which is the AZ 00-019, request for annexation and zoning of the Revised Cedar Springs and PP 00-018, request for the Preliminary Plat approval for 264 building lots and 31 other lots for Revised Cedar Springs. McCandless: Second. Corrie: Time? Bird: We have to reopen now. Corrie: All right. Motion has been made to reopen the Public Hearing on Items AZ 00- 019 and PP 00-018. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Now I would move that we continue the Public Hearing for the request for the annexation and zoning of the Revised Cedar Springs to February 19, 2002, and also the Public Hearing for the request for the Preliminary Plat approval of 264 building lots and 31 other lots for the Revised Cedar Springs Subdivision until February 19, 2002. De Weerd: Second. Corrie: Okay. We have got a motion and second to continue the Public Hearing on Item 14, which is a request for annexation and zoning 019 and for the request for Preliminary Plat of 018 to be continued until February the 19th, 2002. Any further ( Meridian City Council Meeting Tuesday, December 4,2001 Page 59 of 90 discussion? Hearing none, all those in favor of that motion say aye. Opposed no. Motion is carried. It will be continued, the Public Hearing on the 2, until February 19th. MOTION CARRIED: ALL AYES. Corrie: Item No. 16 is a Public Hearing. This is for a variance -- Bird: No. I moved to approve it and I didn't get a second. Corrie: He didn't get a second. We didn't get it approved. It wasn't denied. Bird: We vote 3 to 1 to not approve it. Corrie: It's not been approved, but now we are coming back and doing the Public Hearing again on the 19th. De Weerd: It hasn't been denied. Corrie: No. I think we are all in agreement of what's there, we just need to make sure we have got everything on that section all put together at the same time. De Weerd: And the reason the Public Hearing was reopened so that if the new Council member needed any additional -- we have the advantage that he's heard this application at P&Z, so there shouldn't be too much. But then we can enter in a time table for the White Trunk and also any information from the North Meridian Planning Area. Item 16. Public Hearing: V AR 01-017 Request for a Variance for Time Extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No.5 by Brighton Corporation - east of North Black Cat Road and north of West Cherry Lane: Corrie: Item No. 16 is a request for a variance for time extension of one year time frame for Final Plat recording in an R-4 zone for Ashford Greens Subdivision No. 5 for Brighton Corporation, east of North Black Cat Road and north of West Cherry Lane. I will open the Public Hearing and have staff comments first. McKinnon: Mayor Corrie, Members of the City Co.uncil, I have on the overhead the location of Ashford Greens No.5. It's directly to the east of Turnberry Subdivision off of Black Cat. The variance requested before you tonight is very similar to the one you heard earlier from Turtle Creek. They haven't submitted this phase of the subdivision within the one year time frame as required by city ordinance. The reason the applicant gave for not submitting within that time frame is that there were some easements that were -- that needed to be obtained from the city in order to accommodate their storm drainage plans. I have gone through the findings. The findings are in front of you. They are based on the fact that the city held them up on this. The city staff ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 60 of 90 believed that this is a variance that should be allowed by Council. I'll ask if there is any questions. Bird: I have none. De Weerd: I have none. But I'd love to give him a hard time. Corrie: Okay. Any questions from Council? Okay. Wardle: Good evening, Mayor, Council Members. My name is John Wardle with Brighton Corporation. Our address is 12426 W. Explorer Drive in Boise, Idaho. I appreciate staff's time on this, both Planning staff and Public Works. As you know, there is an awful lot of time spent getting drainage easements and they have been accommodating and that why we just weren't able to get everything resolved in time to get it recorded within a one year time. We are close to having everything approved and get our bonding wrapped up and we should be able to get this resolved quickly. But we appreciate the effort at this point and we agree with staff's findings as defined in the Variance 01-017. Corrie: Okay. Thank you. Wardle: Thank you. Corrie: Anyone else from the public that would like to issue testimony on this request for variance? Hearing none, Council, any comments on the Public Hearing? 1111 entertain a motion, please. Bird: Mr. Mayor, I move we close the Public Hearing for time extension for Ashford Greens Subdivision No.5 by Brighton Corp. De Weerd: Second. Corrie: Motion and second to close the Public Hearing on Item No. 16, V AR 01-017. Any further discussion? All those in favor of the motion say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion on the request for a variance for time extension? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for a variance for time extension of the one year time frame for Final Plat recording for Ashford Greens Subdivision No.5, ( Meridian City Council Meeting Tuesday, December 4,2001 Page 61 of 90 extended out one year from the date it was granted and to have the attorney draw up the appropriate Findings of Fact and Conclusions of Law and Decision of Order. Anderson: I second. Corrie: Okay. Motion has been and seconded to approve the request for a variance for time extension on Item VAR 01-017, for the attorney to draw up the papers. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 17. Final Plat: FP 01-019 Request for Final Plat approval of 17 building lots and 12 other lots on 78.06 acres in C-C and C-G zones for Silverstone Corporate Center by Sundance Investments - southeast corner of Eagle and Overland Roads: Corrie: Item No. 17 is a Final Plat request for Final Plat approval of 17 building lots and 12 other lots on 78.06 acres in C-C and C-G zones for Silverstone Corporate Center by Sundance Investments, southeast corner of Eagle Road and Overland Road. Staff comments first. McKinnon: Mr. Mayor and Members of the Council, I'm sure you're well aware of this project. It's in the area that we don't see a lot of growth commercially. It's just to the south of Overland Road off of Eagle in the southeast corner of that intersection, approximately 80 acres, and I know that you have seen this before. There is a few things that I'd like to point out to you tonight before we get -- before I hand it back over to you. There are a few -- actually, there is just really one resolved issue that I'd like to point out. I lost my pointer. I lost my pointer. If you will look up in the northeast corner - - up in the northeast corner right here off of Overland Road, the Eight Mile Creek drain or the lateral, I can't remember which it is, the Eight Mile waterway passes underneath that roadway, it runs across Overland Road, and then back across. The Army Corps of Engineers has granted approval for them to have a road crossing and to pipe the -- the ditch right there. However, they have not given approval for Sundance Corporation to tile the ditch from this location and this location, they have only granted the approval for the road crossing at this time and they are still in discussion with the Army Corps of Engineers to receive approval or that and ask the applicant to address that when he come up in front of you tonight. As you're aware, there is a city well site on the property that would be one of our new wells and if you have any questions I would be open to them at this time. Corrie: Any questions? Bird: I have none. Corrie: Thank you, staff. Is the applicant here to give us direction? ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 62 of 90 Larsen: Thank you, Mr. Mayor. Members of the Council. My name is Cornell Larsen and my address is 210 Murray in Garden City and before I get started I'd like to let you know the staff has been very cooperative in helping us get through this project. That would be everyone in your Planning and Zoning, builder, engineering, fire department, water, whether it's to get going -- it's been just about a year since we filed the first application, so it has taken a little while to get to this point. With that I'd like to touch on just a couple little issues we wanted to talk about tonight, but I'll try to address the Eight Mile Drain for you first and see if we can talk about that. Initially we had planned on piping the Eight Mile Drain from basically our east boundary to where it crosses Overland Road and in the discussions with the Corps of Engineers you may remember that that portion of that property is in the flood plane that is related to the Eight Mile Creek drainage and they would not allow us to pipe the entire facility. They would allow us to do a 205 foot length of pipe to -- for a street crossing. That's the maximum they would do under a short-term permit, which we have applied for and have received that short-term permit, so we will go ahead and make that crossing. In addition to that, we had a requirement from ACHD that we try to shift the right of way a little bit to the south towards the Eight Mile Drain, so they could get the residential items that were just -- this basically started at the northwest corner. So, consequently, when we dedicate that right of way a good deal of that drain pipe will be on ACHD's right of way and they are well aware of that fact and we have been trying to work with them in cooperation with Gary Inselman and their right of way people and their drainage people to try to get an application to the Corps of Engineers that will facilitate piping the rest of that ditch to meet basically what is your Requirement No. 1 on the Final Plat to pipe and tile the ditches. Thafs extremely deep there, so ifs our preference to do that. So if there is any support we could get from the city that would be helpful in trying to persuade the Corps of Engineers to allow us to pipe that. But it is our intent to pipe it, assuming that we can gain the permits and assuming that the City of Meridian wants us to proceed with that. With that, the only other comments we had were regarding late-comers fees and a couple of other issues on bonding and landscaping that we wanted to discuss with you tonight, but we have talked to the staff and we have been willing to pay late- comer fees on the project. We just haven't received an amount or a known amount and that would be helpful if in the next short time we could get to an amount that we would need to pay, that would also help our budgeting and completing some of the arrangements that we need to complete, obviously, with you guys. Secondly, under Item No.6, we would like the -- I believe that addresses having the Final Plat signed off before additional building permits could be obtained and we wanted to make sure that we were clear that that didn't impact the Silverstone and the Goldstone building, which are the two buildings that are going up and I wanted to be able to bond or provide letters of credit for any unfinished work, so we could pay them off, because on those particular projects, those are far more important to us, because we do have people interested in leasing space in those, so -- they were not originally part of the plat, they were two buildings that were entitled to go on individual lots. So what we'd really like to do is have a little flexibility on bonding those buildings and bonding anything that isn't completed, because we are in winter and with any luck we will have those things ready in February for some occupancy and so we'd like a little consideration on that. It is our ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 63 of 90 intent for the association to maintain the landscaping and sprinkling around the project. I think there was a comment in here that we didn't depict the 35 foot landscape easement. We originally agreed to that when we did the project and -- that we would provide that 35 permanent landscaping easement and provide for maintenance on that. We also had a meeting with staff on November 30th regarding the sewer items on Item No. 8 and I think we are in agreement with those conditions and -- anyway, that's -- that's pretty much where we are at. We just want to make sure that you understood that we were trying to do the late-comer fees. We donlt have any problems with any of those and we would like to make sure that we can bond whatever uncompleted items we have on the first two buildings, so it doesn't slow anything else down and that we could provide bonding for roads in order to get the highway district to sign off on the plats and those kind of things to get the final platting done and that would not restrict additional building permits. And with that I would be happy to answer questions. Corrie: Any, Council? Bird: I have none, Mayor. De Weerd: I have none. Corrie: Okay. Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I do have for staff. Brad, what is the time frame on getting the figures to the applicant on the late-comers fees? Watson: Councilwoman de Weerd, Mayor, Council Members, they asked me quite awhile ago to prepare these and I just had many plats, many late-comers agreements, and it's on my list and I would estimate probably in the next month we will have somebody work out the Voigt later-comer that they will be paying. What they have requested also is some kind reimbursement agreement for what they are constructing as part of their project. So there's two different agreements going on here. I think what they are most interested in -- and they can correct me if I'm wrong -- is what they will be paying to the Voigt project. We should be able to get that to you within the next month. Larsen: That was just merely to get all of the late-comer fees for sewer and water kind of a generalized number so that we have a budget number that we can work to so that we can allocate funds properly and that helps us out immensely in planning in the next couple three months, so - De Weerd: Okay. So would a month -- a month time frame -- ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 64 of 90 Larsen: I think that -- De Weerd: -- work as you budget -- Larsen: Yeah. De Weerd: Okay. I guess I just have one more question for staff. Is there a way that you can work Item No.6 for a bonding or letter of credit, Dave? McKinnon: Mayor Corrie, Councilwoman de Weerd, Item No.6, the last sentence of that, that's a standard comment that we put on all final plats, a letter of credit or a cashier's check in the amount of 110 percent shall be submitted to us prior to signature on the final plat. The issue that we were trying address in the statements above that was that we have already issued two building permits for this development and we'd like to see that those improvement are bonded for prior to occupancy of those buildings and I have met with Shari and Steve and Brad and we have put our heads together as to what we should do with this -- the buildings are being erected right now. Each one of the buildings within this lot that are being erected has their own landscaping plan that is tied directly just to their lot. As each one of these lots develops they have to come in for a zoning compliance or additional zoning approval and provide the landscaping for just the individual lot. What we would like to see is that prior to occupancy of those buildings -- this is an official safeguard, is to make sure that we have bonding to improve all the rest of the landscaping around the entire subdivision, the peripheral landscaping that would go adjacent to Eagle Road and Overland prior to giving occupancy of those buildings. The signature on the final plat could be sometime from now and they may not have it approved at anytime in the relative future and just as a safeguard we'd like see that that's bonded for right now, just for those two buildings, in addition to the entire subdivision. So once those two buildings are built there won't be a long period of time where there is no landscaping along Overland or Eagle and that's the reason that we put that in there. There will be landscaping surrounding just those buildings, but as far as the whole perimeter landscaping it won't be in and we think that there should be some money bonded for it prior to issuing occupancy for those buildings. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: David, you're saying bonded when your condition says letter of credit or cash surety and there is a difference and I realize our ordinance says that it can be a bond, but we -- so we need to add bonding in there. Itls much easier and much better for developers to be able to bond, a lot of times, than get cash -- cashier's checks or a letter of credit and a bond is just as good, if not better. McKinnon: I agree with you one hundred percent. If we modified that to include bonding I would very satisfied with that. ( ( Meridian City Council Meeting Tuesday, December4,2001 Page 65 of 90 Bird: You bet. Larsen: I guess our concern was that, you know, we couldn't do those items until they were complete the way it was worded and we were interested in having the flexibility of being able to provide the bonds in lieu of it being completed. We are not trying to skirt the bonding issue or the completion issue, we just would like that flexibility. De Weerd: It sounds like you have. Bird: And it sounds like NO.6 -- McKinnon: Mayor Corrie, that's exactly what the applicant is addressing. The second sentence in that comment it says that all development improvements shall be installed prior to receiving a certificates of occupancy. If we struck that entire sentence and added bonding to the sentence that follows that, I think we will have that all satisfied. Larsen: That would be fine. Corrie: Just add the bonding? McKinnon: Yes. Corrie: All right. De Weerd: Thanks, David. Bird: Is that -- Larsen: Yes. Thank you. Corrie: Okay. Any questions? Comments. Hearing none, I'll entertain a motion, then, on the request for Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve request for Final Plat approval of 17 building lots and 12 other lots on 78.06 acres in C-C and C-G zones for Silverstone Corporate Center by Sundance Investments, southeast corner of Eagle and Overland Roads, with staff comments and changes as remarked by staff, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 66 of 90 Bird: Will modify No.6 as stated by staff. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat with the -- all the staff comments and changes and modify No 6. by the staff and to have the attorney draw up the proper papers. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 18. Request for Service for Westborough Subdivision: Corrie: Item No. 18 is request for service for Westborough Subdivision. Staff comments. Watson: Mr. Mayor and Council Members, I believe this was just a product of my testimony before the Ada County Commissioners wherein the applicant was at least describing the option of sewering a portion of that property into the Vienna Woods lift station and in my testimony I reminded -- I guess I didn't remind, I told the Commissioners that that request had never formally come before the City Council. The request that did come before the City Council sometime ago was a request on water service and that's all I know about this, unless you have other questions. Corrie: Okay. Questions? Bird: I have none. Corrie: Okay. I guess, Mr. Jewett, you have the -- you're the one making this request, kind of enlighten us on what request you're asking for. Jewett: Mayor and Council, my name is Jim Jewett. My address is 3990 East Gentry, Suite 150, Meridian. Brad was correct. He did point out at the county commissioner's hearing that I had not made a formal request for sewer. So we needed to follow up and make that request. The whole issue of the sewer came about because of the Vienna Woods lift station and since our hearing at the county this body had approved the Vienna Woods lift -- the Vienna Woods lift station later-corner's agreement, which we were made aware of when you approved it. My property is part of that. I'm part of that, in that area to be serviced by the lift station. I don't know -- I know that we will also be serviced eventually when the North Slough comes over and around the north and west side back to the east. The lift station was designed to take the service area in, that includes us, and I guess the question I have is when would it be appropriate. If it's not ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 67 of 90 appropriate now to service into that lift station, when will it be appropriate? And I will take that one step further to say I actually did some preliminary research on what it's going to take me to annex everything on the northeast quadrant to get it all in the city and I come to find out that Vienna Woods and Edinburgh have had no agreement to annex, as far as I can tell by the county they have no agreement to annex. So I'm here to -- you're servicing some place that has no agreement to annex ever. They could simply say no. It's all property -- or Vienna Woods has considerable property owners now, Edinburgh is going to be considerable property owners, and yet there is absolutely no agreement when you become contiguous that you could annex them, unless you force annex, which Council has always said you don't want to force annex. So I'm here saying, okay, so we have a lift station out there designed to service me, a late-comers agreement with the Peterson family and with Darin Development, Ed Burton, for construction of that and that absolutely no way to do it. The city is going to say you can't annex them without any services. I'm just confused on why -- why was this lift station built to service me if it won't ever service me? So I'm here to ask for service and, if not, when would it be appropriate for service? Corrie: I take it there is -- there is an agreement out there, isn't there, Gary? Do we have an agreement with those people, a development agreement for the annexation when it's -- kind of fill me in. I'm a little confused. Smith: My memory's not recalling an agreement, Mayor. Corrie: Okay. All right. Smith: But I can check into it, certainly, and see what we do have, but I just -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I believe with Edinburgh that they did agree that when they are contiguous that they would be brought in, as well as to collect impact fees. I don't know if any of us were on here when Vienna Woods came through, other than the Mayor. Corrie: I don't -- I have tried to think back and my long-term memory has turned into short-term memory loss. De Weerd: But Vienna Woods was really kind of -- as you heard at the county testimony, the Chairman Roger Simmons said that that was something they kind of imposed on us and they pretty much did if we wanted to maintain our area of impact, that Vienna Woods was a special thing and - Jewett: If you go back to the minutes -- and I realize you weren't part of the Council when that went through. If you go back and read the minutes it says in the minutes that the city will be willing to negotiate service to the northeast quadrant, not Vienna Woods, Meridian City Council Meeting Tuesday, December 4,2001 Page 68 of 90 and that is evidenced by the fact that the lift station was built to service the northeast quadrant, not just Vienna Woods. There is a ten inch pressure main going from that lift station into the current -- a ten inch pressure main, when a two inch probably could have handled it. It was designed for massive capacity. In a conversation I had with Brad some time ago he indicated to me with the quantities of sewage going into that lift station now it's taking awhile for it to reach the lift station at the exit point, which is allowing the sewage to get hot. Now I could stand corrected, but a ten inch with the amount of houses out there right now takes awhile to go that mile and a half. That was all designed to service more than Vienna Woods. Now I understand there was a different Council then, but if you look at the minutes it doesn't refer to just Vienna Woods, it refers to the northeast quadrant. Secondly, the ordinance that was in place at the time the county commissioners approved Vienna Woods was specific that they could not treat any parcel with special privileges. To grant Vienna Woods pressure to have you sewer them would be special privileges and so I don't believe that that's what Mr. Simmons intended to indicate that this was just for Vienna Woods. Edinburgh came in after the fact and they got approved and in both of the applications the City of Meridian objected and said it's urban sprawl, it's outside of where we want to go, yet they were approved by the county and subsequently the city serviced them with sewer. The service is out there now. I understand that there is a capacity issue until the White Drain gets -- just like all these other projects, you had on the other side there where the White Drain is going to service, the Vienna lift station capacity is rectified by the White Drain, unless I stand corrected. It would -- the whole capacity for that whole area, which lid have to look at the letter that Brad sent me, it was a hundred gallons a minute, would be alleviated with the White Drain. So again, I look at the minutes, I look at the impact agreement, and I have the county saying, okay, well, you enter into a ten year agreement, so wait five more years for them and what guarantee I have under the circumstances that we have to annex, but we could nit annex, because Vienna Woods doesn't have an agreement to annex, that we could ever annex, unless it comes around from the other direction, which there is another parcel there that is going to block us, the people saying they are never going to develop -- that changes, but at what point does that sewer that's there that was designed and built to service me become available to me? I guess if it's not today, when? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I don't believe legally that we can have a development agreement unless we are annexation. The develop agreement comes with an annexation. That's why we don't have a development agreement with either one. It's kind of a Public Hearing agreement. But I can guarantee you one thing that you can do -- and if I sit on this Council when it comes about, all you have to do it shut off the sewer trunk if they don't want to be annexed. I don't want to force annexation, but you can do that. De Weerd: We shouldn't go there. But I guess I would say with Edinburgh, when that was approved, it was approved with a limited number of plats because of the capacity of ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 69 of 90 the South Slough to service that. I don't know where the lift station pumps to in the final design, if it's supposed to go to the North Slough, but Edinburgh was approved with a limited number of plats to build out until the sewer could service it. Jewett: That's correct. They were given approval by the county for all of their lots, with only being able to plat and service I believe 55 of the 160, if I remember right, can you service today. And so -- until the White Drain is constructed and then they will be free to plot the remainder of their lots. But -- and then I go back to if that existed, then why can't I be approved on the same conditions that once the White Drain is hooked onto it I'm no different than anybody. They are right next to the sewer. I'm right next to the sewer. They were granted approval to hook into it and I am being denied that. But nothing has changed, other than some Council members, nothing has changed ordinancewise within the city, a new camp plan hasn't been adopted that would change anything, nothing has changed since those plats were approved, other than Council members, but yet I'm being told no and they are being told yes. De Weerd: But two wrongs don't make a right, you know. If we do something wrong, you know, to begin with, it doesn't mean that just because we do it once we have to continue to do it again and again to the detriment of our community. Jewett: I agree. De Weerd: And so once you're aware that something is not good for your community you should no longer do that and that is -- that is the attempt. Now with Edinburgh, you know, it was a special case, I can't tell you what went through the minds of those that approved it. It wasn't me. Jewett: I understand that and I agree with you that two wrongs do not make a right. But, again, I guess the question is what's wrong? The city went out there and said I want that area of impact to stop Boise's growth westward. They agreed to service it. De Weerd: But look at where you're located. Edinburgh and Vienna Woods are right there on the far east corner. You're up across the street and as far north as our area of impact goes. To compare those properties is not even comparing apples to apples. Jewett: I'm 1320 feet away from Vienna Woods. One quarter mile. Corrie: One quarter of a mile? Jewett: It's a quarter mile. And there is a non-farm subdivision between me and Vienna Woods and if any of you councilmen are aware of non-farms, their subdivision does an accounting and those people don't want to annex and so there is one more block that's in there. And, again, it goes to the question when -- if two wrongs don't make a right and we should not have done that, when would it be appropriate? And I'm not only asking for myself right now, I'm asking for a lot of the property owners out there and I'm asking for the Peterson family and asking for Skyler Development who had a later- ( ( Meridian City Council Meeting Tuesday, December 4,2001 Page 70 of 90 comer's agreement, who have built a lift station to service up there and they are expecting some sort of return from that or why were they required to build it so recently. So I'm asking a very broad question here. When does it become appropriate for not only me, but the property owners next to me -- how about the property owner right across the street from Edinburgh or the property right next door to Edinburgh, is it appropriate for them to do the same as Edinburgh? De Weerd: Well, I just have one final comment and that is that we are undertaking this North Meridian Planning Area and I anticipate some of those questions to be certainly asked and hopefully addressed and, you know, we don't know -- Jewett: I'll also make one comment about the North Meridian Planning Area. I could not be part of it, because I had an active current application. I cannot talk to county commissioners or anybody ex-parte. When I have an application pending I cannot discuss it with them. So I could not really be part of that discussion that came in and that started after my application was in and I was informed I could not really be -- I was invited to those, but I was informed I could not be an active part of them, because of that. So I really don't know the status of it right now and if what you're asking is when that's all done then we will have some clear picture, I would say when are they going to have it? What is the time table, because I have not been involved in it. Anderson: Clarify for me who instructed you that you couldn't be part of that process. Every developer that's up there is part of that process, unless you want to talk to the commissioners of the councilmen specifically about your project in detail to that, what we are doing is planning for an area. Was it your attorney or who told you that -- Jewett: Both the county and my attorney. None of those other developers have current applications. Corrie: Well, your application has been denied, so you're not there now. Jewett: No. Our application has been appealed to the district court. So we still have that. Corrie: So as far as they are concerned you have been denied by the county, right? Jewett: Yes. Corrie: You can go to court on the -- based on the way you think it should be, but you have been denied, correct, by the county? Jewett: That's correct. Bird: Mr. Mayor? Jewett: But I don't know what the difference is if we have a formal appeal, the county has asked us to stay that appeal pending some other things, and I just got a request -- ( Meridian City Council Meeting Tuesday, December 4,2001 Page 71 of 90 Corrie: And the letter from the attorney -- Jewett: Right. That was the form by the county and they have asked us to mediate. The issue is the sewer, but what we are doing here now I donlt know if it's really going to change anything if they go in front of a mediator, but 11m willing to do that. That's what the county has asked me to do. Bird: Mr. Mayor? Corrie: Yes, Mr. Bird. Bird: I believe that the North Development thing, the plan is right now to be early summer, I believe, they are supposed to have -- in spring or early summer, have kind of -- as a time table that I seen that my - De Weerd: The final. Bird: What? De Weerd: The final. Bird: Yeah. The final out at that time. That would be the North Planning. But then what it does from that point on it takes a little longer. De Weerd: But the recommendation was I thought to start the public process in early February I think -- Bird: I did, too, Tammy, but I think that they were supposed to finalize that out. But I was thinking May, Jim, but 11m not sure and I donlt -- whatls our schedule on White? Watson: Councilman Bird, Mayor and Council Members, as you saw the earlier memos tonight, we have seven of the ten easements approved. Mr. Howell, whose application was deferred until February, is one of the ones I have been trying to get and he is holding that up on condition of approval on his plat, so 11m in a little bit of a loop there on that one. The only other remaining ones are the one at the bottom end and Brighton at the top end. We are getting there. We are pretty close. Bird: How long is it -- what are we looking at once we -- once we get going out? How long is it going to take us to get the sewer down in the ground and usable? Watson: I'm hoping to bid it probably in February, start March. We have a four month main construction period, probably two months of cleanup, testing, that sort of thing. Early fall, September, that area. Bird: Okay. ( Meridian City Council Meeting Tuesday, December 4,2001 Page 72 of 90 Watson: If I may, Mr. Mayor, I just want to clarify some of the stuff that was said about the Vienna Woods lift station and the late-comers agreement. The whole Westborough property is not in that late-comers area, as I think you may have been led to believe, and this project was never in the whole service area. The master plan showed a little bit of frontage on the west side of Locust Grove coming back into that. It's not a big, huge quantity on the west side and that lift station was sized to serve everything east and that wasn't because of any motion you made, that was a decision I made knowing that things like this could happen down the road, so it's not a decision that you guys made on that. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I think it would be good, too, at a Council workshop shortly after the first of the year and when you get the new councilman on board to have Gary and Brad do an update on the sewer and where we are at on all the easements and what subdivisions have come on line to it and how this subdivision is and how it might fit into the picture, but standing here arguing tonight and not having maps and everything else to look at, it's ridiculous, and we are trying to recall from memory what was said and it's kind of pointless to-- Jewett: I didn't even know it was on tonight, so I didn't bring anything, I just was here on my earlier application and I saw myself on there, so I would just -- I'll just finish it real quick -- you know, I have a flight at 6:30 in the morning, so I need to get home, too. I have made a request to mediate the sewage issue. That came -- was suggested through the county. I don't know what the position -- I don't know if the Council can make a decision whether they want to go that direction or not. My intentions with that is to get a time frame. Purely that's what it is. A time frame. Because I do see issues with Vienna Woods not being able to annex, I see issues that may keep these annexations forever. I mean one thing I said to the county commissioners -- and Councilwoman de Weerd was there -- I can guarantee you ('II annex, but you can't guarantee me that you can ever annex me, unless you agree with forced annexing somebody. That is something I can offer, but you guys can't offer back. So at some point -- but this isn't going to be made -- either we are going to sewer outside the city again or simply not and at some point, then, the county is going to have to step in and say, okay, if you can't and Boise can, you may need to switch and I just don't know. Corrie: Never happen. No way. I still think that we have got a plan and Council may disagree with me on this, but we have got a plan for sewers going in there and I hope we stick with it and I think that this whole northwest section is being worked for the developers and the county and the city and Ada county, the whole thing, and I don't think that we need to throw a monkey wrench in anything and people should just kind of back off a little bit and see where we are going and I just -- I think that we are trying to move too fast and I know you don't like those words, but, still, like you said, we are not Meridian City Council Meeting Tuesday, December 4,2001 Page 73 of 90 responsible to do anything at this point. We have got ten years to do all this and to try to make it up in the ten years and we have got about six left and we need to plan on these things, you don't just build a sewer line and plug in a neighborhood. So I would probably give you six years if you're looking for a figure. Then if it's less than that, good deal. But this is the Council's decision, not mine. Jewett: Well, I mean if I sit here and say, okay, Mayor and Council, would you put that in writing that I would be guaranteed sewer in six years or five years or five and a half years? Anderson: When we get to that point, then, we are going to have to assess where we are at and if we couldn't, then we'll do what we have to. You're asking us to pinpoint -- ies like we are shooting a missile up there and you're wanting me to pinpoint where it's going to be in six years. I don't have a clue. There is so many people that control that destiny from developers that hold you hostage, because they want their project approved before they are going give you an easement or anything else, that we can't give you those kind of numbers, Jim, so don't even ask that kind of stuff. You know we can't. Jewett: I knew that. But by the same token it wasn't me that wanted to stop Boise progressing westward and putting all this in Meridian's area of impact. That wasn't me and it wasn't me that stepped out there -- and I realize it wasn't you, but it wasn't me that stepped up and says we can service in ten years and we can put a ten year plan on. That wasn't me. Anderson: That wasn't us, either. Jewett: I realize that, but the argument that just because a different Council did it doesn't mean the city doesn't have to live up to it. De Weerd: But the city is still committed to that agreement with the county and our area of impact and -- Anderson: We are trying to do everything we can to live up to that agreement that our forefathers made. Corrie: I was one of the forefathers. 11m the only one that's left here. Anderson: And all we are asking is for your patience. I mean we can't help the fact that you went out and bought property at the very very edge of that impact area for us and wanted to develop it today either. I mean that's not our control, either. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting Tuesday, December 4, 2001 Page 74 of 90 Bird: I agree wholeheartedly with what you stated earlier. The main thing, Jim, that I see is we have -- we have been slow on -- to a degree on our part. I can tell you right now, I firmly believe that if we are not done with our development out there, that you will be Boise. I mean we've lost over -- Boise has taken two or three square miles from us before and I firmly believe that, but I believe that we will be out there. I believe this Council is committed with the developer, like the Mayor said. I realize that you're talking to five people up here that don't have a penny and everybody in this city that haven't invested a penny out there and I know it's your money out there, you're paying interest on it and you have to turn. But we are working just as hard and fast as we can and this Council is committed to doing it, but we are going to do it right. Jewett: You won't ever find me faulting anybody that wants to do it right, but I think that right goes along with communication, so, you know, I know. I was somewhat limited to what I could do and if I get more involved now, that's fine, but I just want the Council to recognize that I believe some deal was brokered back when this impact area was created and I think that the Council decided to change that and I want to recognize that and, you know, realize that Brad says that he's the one that designed and -- required the lift station to be designed a certain way and I do acknowledge that I can't service my whole site. He thinks that I was certainly going to walk in that room, I mean I know I'm limited to that. But there is capacity there, okay, and it's not going to go away. It's there once the White is connected to it and I don't think it's unreasonable to ask for the time frame and I understand you're trying to say that is a time frame, but I also understand that in six years none of you may be here. Bird: Definitely. I can you one that isn't going to be here, but anyway -- I just think we are going on -- we are just -- we are sitting here and hashing -- we can't give you a definite time. We -- I will say one thing -- and I think the Council is behind this -- we are going to proceed on with that north -- we are going to get the sewer out there whether we go -- the north channel is going to get put out there or the North Slough or whatever you want to call it. But giving you an exact time, I can't do it. Jewett: And I appreciate -- Anderson: And the economy also. So we might be doing you a favor. Jewett: You might. Bird: We might be doing you one big favor. Jewett: Well, and 11m not a big hurry right today, but -- so that my last request is I think that, Mayor, you have a request from my attorney for voluntary mediation. I don't know really -- I think that we have all discussed -- I think we know what our positions are. The only difference that mediation is going to do is actually have a third party intervene and actually give you advise, give me advice. I don't know -- I'm -- in that I would be looking for what -- I'd look for a time frame. I mean agreeable time frame and I just don't know if I would settle for anything less than that, because of the change in politics. Councilmen Meridian City Council Meeting Tuesday, December 4,2001 Page 75 of 90 change, ideas change, and so I would ask that you would maybe take up the request for mediation along with my service and either say yes or no, I guess is my final request. Corrie: We will do that. However, this is your request for mediation, not the county's, is that correct? Jewett: That is my request. Corrie: Okay. So then we have to go into a little discussion of who's paying for what and why we want to do it, so -- and I don't think we are prepared to do that tonight. Jewett: I will clarify that. It's my agreement to -- my agreement with the county is that I will request mediation and I will offer to pay for mediation for the first meeting. Even if the county requests it, I've also offered to them that I will pay for it. It's my -- and that's my offer tonight, to offer to them, to offer to you. I'm sorry it didn't get put in the letter. But the first mediation session -- and any subsequent mediation -- the first one -- the other ones I agree with, I will pay for those mediations. Bird: You'll pay for the first or all of it? Jewett: The first one and if there is continued ones I'll pay for those. The first one if I think we are going to go somewhere I'll gladly pay for them, but if I don't think we are going to go somewhere there won't be a second one. Corrie: Won't be a second one, but you won't get the county to agree to that. I mean they won't pay for anything, so -- in other words, if the county asks for mediation and they have to pay for it, they won't do it, so it's just -- Jewett: No. They have already -- I have told them that if they ask for it I will pay even if they ask for it. Corrie: Okay. Then the Council will have to work on that. Bird: We will have to get with our attorney and go over that. Corrie: Yeah. Okay. So -- all right. That's -- well, I guess -- your request, then, is to have sewer? Jewett: My request. Corrie: And what is your request now, so we can either check it or turn it down. Jewett: My request was either -- is to have sewer or to have the mediation. That's my request. ( \ Meridian City Council Meeting Tuesday, December 4, 2001 Page 76 of 90 Corrie: Okay. You got two questions here. Which one do you want us to act on? Mediation we will have to get with our attorney and decide whether we want to mediate. Do you want to ask for -- Jewett: Then my formal request, then, tonight would be to have -- to have sewer provided to me once the White Drain is connected to the Vienna Woods lift station, if you want a specific request. If I can give you a time frame that ties into the public works. Corrie: Okay. All right. If that's what you're asking, you want a time frame from us? Jewett: No. I'm saying that -- all I'm asking for is sewer service be available -- made available to me once the Vienna lift station is connected to the White Drain. Thafs my request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Item 20 Executive Session De Weerd: I move we go into Executive Session per Idaho Code 67-2345(C). Bird: Second. Corrie: Okay. Motion has been made and second to go into Executive Session pursuant to 67-2345. Roll-call vote, please, Mr. Berg. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. Corrie: Okay. EXECUTIVE SESSION: Bird: Mr. Mayor, I move we come out of executive session. De Weerd: Second. Corrie: Motion made and seconded to come out of Executive Session. Roll-call vote, please. Roll-Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Tuesday, December 4,2001 Page 77 of 90 Corrie: All ayes. Let the record show that we were discussing litigation purposes at some length and no decisions were made in the executive session. Now let's get back to what we started on when we got interrupted here. Council, what do you want to do here? Bird: Regarding what, sir? Corrie: In reference to Mr. Jewett's questions on his property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would like to take -- we -- not anything against this young man, but Mr. Nichols is our normal attorney. I would like to have him -- I would request that he would give us his findings on what would be proper. Right now I personally would just not enact upon it until we get findings on what he believes. Corrie: Okay. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: Just, again, I think probably the first step is to have an update again on the current sewer situation. I mean if you're just going to look at the question of will you provide sewer to this subdivision, we first got to get updated and briefed on everything, get it fresh in your mind, then make the decision yes or no and then if you decide yes or no at this point, then you tell Mr. Jewett what -- what that's going to be. But at this point I couldn't even tell you, because my memory is that fuzzy, I don't know what line his subdivision is being serviced by, how many other people have tied into it, I don't know where his piece of property is located in relationship to the other subdivisions that hook onto it and all those questions that I would need an update in my mind before I could give him an answer. Corrie: Okay. Any other comments from Council? Bird: He was asking for mediation. Corrie: No. Bird: And I -- and that's what I was referring to. I agree with you, Ron. I think on the sewer I mean there is no way we can, but do we want -- I'd like Bill to look into it and give us an opinion on whether we mediate or not. ( Meridian City Council Meeting Tuesday, December4,2001 Page 78 of 90 Anderson: Well, but I think the proper sequence of events is first we've got to say yes or no. If the answer is, yes, we'll give you the service, then there is no mediation. He's not requesting mediation, then, at that point. First we got to decide yes or no. If we tell him no, then he may come back and say lid like to mediate that with you, then we give him an answer to that question. But the first question is can you provide the sewer and maybe you guys have that great of memories, but I could nit tell you tonight whether we can or not. Bird: I assume when the White gets there then we can. Corrie: Then there is a request for service. I guess weill do a motion that we -- Bird: Denied. Corrie: -- denied and need more time to work with our attorney and with the Public Works and see where we go with this. Anderson: I don't think that denial is what 11m suggesting. I'm suggesting that, Gary, you have a workshop, give us an update on the sewer situation and that we take no action on Mr. Jewettls request tonight. Bird: Youlre asking to continue his request -- table it, delay it, or however you want to put it. Make a motion and let's get going on what you want. Anderson: Okay. Mr. Mayor? Corrie: Mr. Anderson. Anderson: I would make a motion that we not take any action, other than to continue Mr. Jewett's request on sewer service for his Westborough Subdivision until we can have an update from our Public Works director Gary Smith on all the sewering issues relating to the property out there in that area and where we are at. McCandless. Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would ask that Gary and Brad have us an update by next Tuesday and put that on as Item 5 on the agenda. Corrie: Item 5? ( Meridian City Council Meeting Tuesday, December 4,2001 Page 79 of 90 Bird: Yeah. There is an Item 5 for the workshop agenda. Corrie: I was going to say, I thought we had -- Bird: That was -- five was left blank on the one I got, so I just put it in there. Put it on the agenda. De Weerd: We have got a motion on the floor. Corrie: We have got a motion on the floor and second. Bird: Yeah. That was discussion. Corrie: Okay. I understand. All those in favor of the motion -- or any further discussion? Excuse me. Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We can ask staff to have maps, location maps, and that kind of data as well. That would be helpful for Ron. Jewett: I'd just make a request to be last, because I have -- Bird: You will be on the agenda. We'll make sure you -- Corrie: You will be last. Jewett: Thank you. Bird: We'll make sure it is. Item 20. Request for Late-Comers Agreement for off-site sewer with Golfview No.5 Subdivision by Seaboard: Corrie: Item No. 19 is a request for late-comers agreement for off-site sewer with Golfview No.5 Subdivision by Seaboard. Is that yours, Gary? Is that your request or -- Smith: Mr. Mayor, Council, this is a request by the developer Brian -- no, not Brian McColl. Brian McCoy from Ketchum, I believe, for a late-comers agreement for a length of sewer line that was constructed in Black Cat Road. It's a very short of sewer line that -- I believe only two or three properties have access to connect to and I talked to Bruce Meridian City Council Meeting Tuesday, December 4,2001 Page 80 of 90 Freckleton after last Council meeting and he said that it isn't a very big issue. Mr. McCoy has requested for the city enter into an agreement, which would be -- have to be prepared by the city attorney's office with the technical information provided by the Public Works Department, be brought back to you for your approval at a later date. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got a question Gary. What is -- according to Brian McCoy, they already entered into an agreement with the LOS church contractor, which I can't remember who that was. I think it was McAlvain. Smith: Right. Bird: What does that do to our deal? Have you seen that private agreement or- Smith: I have not seen it, no. I understood that that was the case, that there was some kind of an agreement between McCoy and LOS church to pay for a portion of that sewer service or that sewer line. So they would just be taken out of the formula for a late- comers if they have, indeed, paid a share of that cost. We have to get that information from Mr. McCoy. Bird: Okay. And clarify for me, Gary, then, the -- actually, the late-comers agreement would take on above the LOS church where they are saying -- I think they are saying -- I don't know if -- but part of that 692 lineal feet includes the LOS church. Smith: Right. Bird: But we would not -- that would not be included in this late-comers, because they have already made a private one themselves. Smith: That's correct. Bird: okay. Smith: Yes. If they have -- if they have paid Mr. McCoy for a share of that sewer line cost, then they would not be included in the late-comers agreement. Bird: But if they haven't what do you do? Smith: Well, they would have to be included in it. Bird: Well, then how do we collect it? Smith: Right. ( ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 81 of 90 Bird: Because they have already made an agreement, we have already got all the thing, they got their occupancy. Smith: Right. Bird: We have no way to collect it. Smith: We can't -- Bird: So they can't be included in this late-comer. Smith: Right. Bird: Okay. Smith: That's correct. I'm sorry. You're right. Corrie: Okay. De Weerd: But that's not the request. The request we have is -- Bird: Wait a minute. Their request was for 692 lineal feet, which includes the LOS church. They state down here that they have -- that they are having problems collecting money. De Weerd: But that's their problem. Bird: That's their problem. That's what I was trying to point out. That cannot be any part of the agreement, the LOS church. We have no way of collecting it back and paying it either, because they have already got occupancy. Corrie: They have paid their permit fees. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: Gary, I'm a little confused on this request, too. I mean maybe I need a map to show me where this sewer line took off from and -- but Ashford Greens is downstream from this particular deal, so I would -- I'm assuming that Ashford Greens, when they built their subdivision, did they run it to and through their property or are they sewering from somewhere else and that person hooked on at the end of Ashford Greens and then ran it on down to the LOS church, so why would they be entitled to any type of late-comers fee from Ashford Greens? ( ( Meridian City Council Meeting Tuesday, December 4, 2001 Page 82 of 90 Bird: Is Ashford Greens across -- Gary, isn't this the one across the street that comes across -- isn't this the new part that backs up to the number nine fairway at the golf course? Backs up to Golfview? Smith: It backs up to Golfview. Bird: And isn't that -- isn't this the one they are talking about, the new one that this sewer is running out -- or I guess we run down, don't we, Black Cat and then across into there. Isn't that how -- where is the lift station at there? Which side -- it's on the east side of the road, isn't it? Smith: The lift station is on the east side of Black Cat. Bird: And this is part of that lift station, isn't it, Gary? Smith: It's south of -- De Weerd: South of the lift station? Smith: South of -- yeah. Bird: It's south of the I iff station. Smith: Right. That's right. Bird: And it went through the LOS church and now it's coming through this, am I not right? Smith: Well, the sewer was out in the right of way, blocking that right of way. Anderson: The sewer is running down Black Cat Road. Smith: Right. De Weerd: But then it's got to come across here to this one. This is the one that backs up -- Ashford Greens No.5 is the one that backs up to Golfview, isn1t it? De Weerd: There is Golfview. Anderson: The sewer line is running down Black Cat Road. De Weerd: That's Ashford Greens. And that's the church over there. Smith: The church is that purple color I think it is. Yeah. ('.- Meridian City Council Meeting Tuesday, December 4, 2001 Page 83 of 90 Anderson: This stripped area here is -- was there -- thafs Ashford Greens No. 5 and thafs what they are saying they are entitled to, because they hooked on probably where ever -- this sewer line must have stopped right there where your pointer is. Before that. Smith: Correct. Right. Anderson: Okay. If thafs the case then, yeah, they would be entitled to that. Smith: Right. Anderson: A late-comers fee from Ashford Greens; right? No.5. Smith: If I'm -- right. I'm not positive of how Ashford Greens sewers, but I think it comes out to Black Cat Road. Anderson: If it doesn't, then they are not entitled to anything. Smith: Right. Brad says it does come out to Black Cat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Do we -- what do we need, to approve this late -- to approve -- to go ahead on drawing up a late-comers fee. With that I would make a motion that we approve the request to have the attorney and Gary develop a late-comers fee with Brian McCoy regarding Golfview No.5 Subdivision. Now wait a minute. I think we are talking about - - we are down in here. Oh. Oh. This is Golfview 5. I'm sorry. This is Brian McCoy. Okay. Well -- right. Gary knows who to make the later-corner's fee with. Corrie: Okay. Do we hear a second? McCandless: Second. Corrie: Gary and the attorney draw up a late-comers agreement for off-site sewer for Golfview No.5 Subdivision; correct? Bird: Yes, sir. Corrie: Any other discussion? All those in favor of the motion say aye. Opposed no. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor, I'd move we adjourn. McCandless: Second. (- ( Meridian City Council Meeting Tuesday,December4,2001 Page 84 of 90 Corrie: Motion made and second. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. MEETING ADJOURNED AT 11:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: .~ RT D. CORRIE, MAYOR /2- / / 8 / CJ / DATE APPROVED ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE APPEAL ) OF PACI<ARD ESTATES ) DEVELOPMENT, LLC-CRAIG GROVES ) OF THE PLANNING AND ZONING ) ADMINISTRATOR'S DENIAL ) OF BUILDING PERMIT FOR LOT 13, ) BLOCI( 2 ) ) ) ) C/C 11-20-01 CASE NO. AP-OI-003 ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND This lnatter COIning before the City Council UpOl1 the appeal of Pacl(ard Estates Development, LLC-Craig Groves, and the Council havi11g received the Appeal Application forIn, and the record in this matter, and having heard the argulnents and presentation of David McIGnno11, Planner for the Pla11ni11g a11d Zoning Department, and appearing and testifying was Brad Watson, Assistant City Engineer for the Public Worl(s Department, and the Appellant, Craig Groves, appeared and testified, and appearing and testifying with COlTIlnents and/or concerns was Helen Sharp, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and DecisioI1 and Order: ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 1 OF 5 PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND FINDINGS OF FACT 1. The Appellant sought a buildi11g permit for what has been identified as Lot 13, Blocl( 2 of the Packard Acres No.1 Subdivision property, and which portion of certai11 real property still needs to be annexed into the City of Meridian. Said application for annexation and zoning went before the Plannil1g and Zoning Comlnissio11 at their regular meeting held on Thursday, N ovelnber 15, 2001, and was approved for an11exation and zoning. The City Council heard the application at their regtllar City Council Ineetil1g held on Tuesday, November 20,2001, as Case No. AZ- 01-017 for .193 acres from RUT to R-4. 2. The basis for the denial of real property was to withhold the building perlnit for Lot 13, Blocl( 2 for Packard Acres No. I Subdivisiol1 until annexation was approved and finalized. 3. The Appella11t desires to have the withholding of the building pennit released so that C011strllction could begin 011 Lot 13, Blocl( 2 of Pacl(ard Acres No. I Subdivisio11. Additionally, that the occupa11cy permit should be withheld tlntil annexation is approved and finalized, a11d that the condition of Wingate La11e shall be bacl( to its original state when Phase One has been cOlTIpleted. 4. That the City Clerl('s office is il1 receipt of a letter of disapproval and concern, dated November 20, 2001, frOlTI Dale a11d Helen Sharp, aI1d said letter is on ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 2 OF 5 PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND ( (" file i11 the Meridian City Clerl('s office. 5. The Plan11ing and Zonil1g Administrator errored to the exteI1t that the subject parcel described in finding 110. 4 herein is in the process of its application for an11exation and zoning, and the building perlnit should be allowed for Lot 13, Block 2 for Pacl(ard Acres No. I Subdivision, but the occupancy perInit should be withheld until the annexation and zoning have been approved and finalized. CONCLUSIONS OF LAW I. The City ordina11ces provide at S 11-2-404 D 1 (a) of the Municipal Code for an appeal, hearing and review by the City COU11Cil for error of an order, requirelTIent, decision, interpretation or deterlllination by the Planning and Zonil1g Administrator. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF PACI<ARD ACRES NO.1 SUBDIVISION BUILDING PERMIT AND ORDER OF REMAND Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: I. The decision of the Planl1i11g and Zoning Administrator of denial of the building perlnit as herein appealed is over-ruled. 2. This lnatter is relnal1ded to the Planni11g and ZOl1ing Administrator for ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 3 OF 5 PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND further actio11 in accordance with this decisiol1. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the goverl1i11g bod)' of the City of Meridian. Pursllal1t to Idaho Code ~ 67 -65 21 an affected person being a person who has an interest il1 real property which Inay be adversely affected by the denial of the appeal 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. 4ft- By action of the City Council at its regular meeting held on the _ day of keinlu-t- , 2001. ROLL CALL: COUNCILMAN ANDERSON VOTED ~tL VOTED ~t<- VOTED fe~ COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED~ ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 4 OF 5 PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~ DATED: /Z-.f--O( MOTION: APPROVED: J4.) --= DISAPPROVED: Copy served upon Applicant, the Pla1111ing and Zoni11g Departlnent, Public W orl(s Department and the City Attorney. BY:cII~~/p~ ~ City Clerl( Dated: 12- -.tf--ZJ I \\NPA_NTS40_PDC\SERVE~Z\Work\M\Meridian\Meridian IS360N1\Packard Acres No. I Appeal\OrderGran ti ngAp pealB uldgP enni t. doc ORDER GRANTING APPEAL, OVER-RULING OF - PAGE 5 OF 5 PLANNING AND ZONING ADMINISTATOR'S DENIAL OF BUILDING PERMIT AND ORDER OF REMAND , ,)I-(~\"t':3:;;'rr,rll'h ~\.;:. :"'t 'OJ' ~r"!f.h:i~~~~/. ~'\ ~-, _ t~' .~ ,$" ,() '~ ~1.~,~ "':?~~ oh ~,~ (~;:~A ~ V" .,p..,~ -:::- ~ - "..~;., , f'::J i - S~~ ({ "[ ~Q "). ...l ; __.c.. ,\~ ~:: \ ... .';~~\.., lJ~: .,. .i ~. ~). ,Ji.iT l,?ft~ " "j/ ..-' f!:~ . >~':' ~~ ~.. ..~~>-)t '1iih~~N ",' . ... .~,;jf "'~~~t~r~~~ ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-20-01 IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARY/FINAL PLAT ) FOR MYSTERY VIEW ) SUBDIVISION OF 3 BUILDING ) LOTS ON 5.21 ACRES IN AN L- ) o ZONE, LOCATED AT 2930 ) EAST MAGIC VIEW DRIVE, ) MERIDIAN, IDAHO ) ) BY: PINNACLE ENGINEERS, ) INC. ) ) ) ) Case No. P/FP-OI-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled 111atter conling on regularly for public heari11g before the City Council on N oveluber 20, 2001, a11d David McIGnnon, Planner for the Pla11I1i11g a11d Zoning Departme11t, appeared and testified at the hearing, and appearing and testifyi11g on behalf of the Applicant was Clint Boyle of Pi11nacle E11gineers, Inc., and the City Council having received a report from Shari Stiles, the Pla11ning and Zoning AdIniI1istrator, and the City Council having received as part of the record of this l11atter the recoffiInendation to City COUI1Cil of the Planning a11d Zoning COlnmissio11 and the applicant having submitted the Plat Drawing described as follows, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION I BY PINNACLE ENGINEERS, INC. (PFP-OI-OOS) - 1 . "PRELIMINARY PLAT FOR MYSTERY VIEW SUBDIVISION, SITUATED IN LOT 2 OF BLOCI( I OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOI( 52 AT PAGE 4445- LOCATED IN A PORTION OF THE SEI/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC, CHECICEDBY: J.G. CARPENTER, P.E., PROJECT NO. C016120, SHEET PP-I, PINNACLE ENGINEERS, INC.", submitted for prelilninary/fiI1al plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursual1t to Meridian City Code, Section 12-3. Therefore the City COU11Cil l11al(es the following findings: FINDINGS OF FACT 1. That the proposed developl11erlt is il1 c011forlnance with the C0111prehel1sive Plal1 by reason of the fact that it lies within the existing Urba11 Area as defined in the Meridian Comprehensive PlaI1 Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned L-O Lilnited Office District, and requires connection to the Municipal Water a11d Sewer Systeln. [see Meridian City Code, Section 11-7-2 I.] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-OOS) - 2 ( 2. The prelilninary plat is in cOnfOrlTIanCe with the COlnprehensive Plan City of Meridian adopted Decelnber 21, 1993, Ordina11ce No. 629. '3. It is deterlnil1ed that Urba11 Services ca11 be Inade available to accOlnluodate the proposed developluent if the plat complies with the requirelne11ts and conditio11s hereinafter set forth as conditions of preliminary plat approval. 4. The proposed developlnent is a C011ti11uity of the proposed develop111e11t within the City's Capital Improvelnent ProgralTI and if the conditions which are requested by the Planning and Zoning AdIninistrator and the Engineering Technician III are Inet there will be public financial capability of supporting services for the proposed developlue11t. 5. The developlnel1t, if built in accordal1ce with the conditio11S and as proposed, will not create health, safety or environInental problelns and there have been 110 specifics of any such concer11S brought to the Council's attentiol1. 6. It is found that the RecomInendation to City COUl1Cil of the Plal111ing a11d Z011ing COlnmission is reasonable al1d appropriate for the conditions of approval of the prelimi11ary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's allthority as provided i11 Meridian City Code, Sectio11 12-3-5 and based upon the above and foregoi11g Fi11dings of Fact which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-005) - 3 (' are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evide11ced by " PRELIMINARY PLAT FOR MYSTERY VIEW SUBDIVISION, SITUATED IN LOT 2 OF BLOCI( I OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOGI( 52 AT PAGE 4445- LOCATED IN A PORTION OF THE SE1/4 OF THE NEl/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: ]GC, DESIGNED BY: ]GC, CHECICEDBY: ].G. CARPENTER, P.E., PROJECT NO. C016120, SHEET PP-1, PINNACLE ENGINEERS, INC.", subluitted for preliIninary/final plat. 1. The conditions of Staff COInIllents as set forth in the Me111ora11dllln to the Mayor and City Council from David McIGnnon, Planner for Pla11ning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated October 3, 2001, listing 14 Site Specific Comments and 3 Ge11eral Comments, a true al1d correct copy of which is attached hereto and Inarl(ed Exhibit "All, a11d consisting of four pages, and by this reference il1corporated herein, with the additional requirements froln the City Council at their Ineeting of November 20, 2001, and the requirements are as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-005) - 4 1.1. The City Council's action from their November 20,2001 Ineeting, shall be the revision of the Recolnme11dations presented to Council frOlTI Planning and Zoni11g, a11d which revisions shall consist of the elill1ination of numbers 2, 3,4,5 and 6 on pages 2 and 3 of the Recoffiluendations, and as shown on the attached Exhibit "A". 2. The final plat upon which there is c011tained the Certificatio11 and signature of the City Clerl( and the City E11gineer verifyiI1g that the plat lTIeets the City's requireIne11ts shall be signed only at such tilne as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site ilnprovemel1ts are cOlnpleted and/or the appropriate letter of credit or cash has bee11 issued guaranteeing the completion of off-site and required on-site ilnprovements; a11d By action of the City Council at its regular meeting held on the 4-it..-dayof , 200 1. T D. CORRIE ity of Meridian Copy served UpOI1 Applicant, the Planning and Zoning DepartmeI1t, Pllblic W orl(s Department and City Attorney. \,\,\\l.ftaP.-::'~jJ1~I' \~, .~:t: .i;.~.T:~' .tJ',f:'; :-r;.\'-' _1 VJ' me:. '~ ~~:"'h. ~~ ."'"' , . .....i\- k~ ....." tr~ ~^l . .;,J:1;~it '/.oJ'. ~ v ~,.. .~~ "'~ '*:. YJ (~ ;fJ'~~' ~~ """"-v ~ 'x;.- v 1: By:A~~~~ City Clerk ' Dated: .... .... ...... ... D ~}~ /!r;.'L' U~~ Z:\W ork\1Y1\Meridian\Meridian I 5360M\Treasure Vievv Sub PFPO 1-004\FinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-005) - 5 Ron .Anderson HUB OF TRE4SURE 'V.4LlEY ( ./\ Good Place to Live ( CITY OF MERIDIAN 33 EAST IDAHO M:ERIDIAN, IDAHO 83642 (208) 888-4433 . F A..:~~~ Gty Gerlt Office Fax ~J!i IVE D -OCT U 2 2001 LEGAL DEP ARThfENT (208) 288-2499 . Fax 288-250.1 MAY'OR Robert D. Corrie ~,- CITY COUNOLlv[EiVffiERS PUBUC WORKS BLJ1LDThJG DEP ARTIvlENT (208) 887-2211 . Fax 887-1297 l<eith Bird Tammy deWeerd OJ.erie 1v[cCandLess PL-\NNlNG .AND ZONING DEP .:<\RTIvfENT C~(8) 884-5533 . F A...'C 888-6854 MEMORANDUM: City of Meridian City Clerk Office October 3, 2001 To: Mayor, City Council, Planning & Zoning Bruce Freckleton, Assistant to City Engineer ~ David McKinnon, Planner 'J::jA Request for Preliminary/Final Plat approval of the proposed Mystery View Subdivision, a three lot subdivision on 5.21 acres in an L-O zone, Pinnacle Engineers, Inc. (File No. PFP-OI-005). From: Re: AODlication Summarv Pinnacle Engineers, on behalf of Magic View Partners (Winston Moore), have made a request of the Meridian Planning and Zoning Commission and City Council to approve a Preliminary/Final Plat composed of three lots on 5.21 acres of land currently zoned L-O. The proposed subdivision is located at the northwest comer of Allen Street and Magic View Drive, approximately 1000 feet west of Eagle Road. No variances have been applied for as part of the subdivision request, and all lots within the requested subdivision meet the minimum lot area and frontage requirements for property zoned L-O. City water and sewer services are available to the subject properties. All street improvements, including curb, gutter and sidewalk, along Magic View Drive and Allen Street are complete. The property has been issued development permits for the construction of Mountain West Bank: on Lot 1 and for Lincoln Plaza, a 30,000 square foot office building located on Lot 3 of the proposed subdivision. Landscaping for these lots has already been approved, and copies of the plans have been included with this report for your review. The existing well will be used for irrigation purposes within the subdivision. Location The subject property is located on the northwest corner of Allen Street and Magic View Drive. Reauired Findint!s for Subdivisions Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: ExJ,;b,,-/I'1} " I Mystery VIeW PFP.ol~S ~; '- Mayor, Council and P&l/ September 10, 2001 Page 2 a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision is in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff fmds that the development will not require major expenditures for supporting servIces. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there will not be any other health, safety or environmental problems associated with this subdivision that ~hould be brought to the Council or Commission's attention. We have reviewed this submittal and otTer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC C01\4MENTS 1. Sanitary sewer and water servic~ to this site shall be via existing and new service lines from the existing mains in W. Magic View Drive and S. Allen Street. \ e SUbmitte~a?dSCaPin~lans ha preViOUS~been a~~:ed, ~w~er ~itionaI Ian aping an~ncing pIa are requ' and fiU be sub~ed t~ sf'attfor ap~~val, prior to . proval ~ e final pI ,The addl · naIlands .{>e plan sJtall proVt~ lands~e and fenCln etmls fo the landsc~e buffer d berm 'between ~ 2 an~~enlu~ Subdivision to e north the requi perimete ndscape ~r be~ Lot the Mystery View Su ivision d Lot 4 Magic 1 Subdivision to the west. he Mystery View PFP-Ql..ooS E~A:bif 'rl'# d- .r- \ \ \ \ ", , ( Mayor, Council and P&2 September 10, 2001 Page 3 ~d~Ding \wI be re~ctiv. e"-.f the~~md~pin~la\. ap.~ve~ p\q, o~e ~gi~ ~dit~ U~~rmit is~d fo~s s~(C~99~O" ~.etai ..d irrig. ion. p~. incl din.g p orm~ce...~.e.'.<Cifi. atio.. n. s~. .a~e~~~~~~.~..rt rt t 0 req 0 ed la 0 scapin't\pla . ..~ lett of c. dit 0 \ as on the . ~o~t "ll~ ~ ~ re If ,for se 1 ove~ts p r to Sl atu on t fin I plat. \ll ~ t~an~aP.i il~n.d'~nci~.d djiaa.' c&tt to ~e~Eslates S".ll.~. i i~~~p~ t~ th~s~~f~rti~ ~;c~cy ~~y ~di~u~on ~ ~ \1l r~uir~ pe~te~ndSC~g an~enci~ha~ ~de~r~~ ~~e \ ~~in~l~ y ~ ~~ 4"" ca~er ~ \.rem~d ~ the~~pe~ s~~~ ~l~~ ~:rel~~~~~ t~:~~g~ ~ival~ nu~er o~alip~nch~f ~~~ 7. A Certificate of Occupancy shall not be issued for any building within the subdivision prior to the installation of the required interior landscaping (determined by site). 8. Development of the property within the subdivision is subject to Conditional Use Permit # 99-040. The only uses allowed within the subdivision without a new Conditional Use Permit are office and restaurant uses. All other uses shall require additional zoning approvaL 9. All parking shall be retained on-site for all buildings and businesses within the subdivision. 10. All parking and areas of circulation on the three lots shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 11. 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. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. If the applicant proposes a common receiving pond for drainage water for the entire site, a drainage operations and maintenance agreement must be executed between all lot owners. The agreement must be reviewed and approved by the Public Works Department, and a fully executed copy returned prior to signature on the final plat. J-- l" L .f I'. LJ 1'3 C. Xl'l (.LJ I , --, Mystery View PFP-OI-OOS Mayor.. Council and P &{ September 10, 2001 Page 4- ( 12. Execute the Certificate of Owners and its accompanying Acknowledgement. 13. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers It fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 14. Please add or revise the following plat note(s): (9.)The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. (10.) Only a single story, building may be built on Lot 2. GENERAL COM1\1ENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 3. Please submit a copy of the Ada County Street Name Committee.s final approval letter for the subdivision name, lot and blo~k numbering. Make any corrections necessary to conform. Recommendation Staff recommends approval of this application with the above noted conditions. Exlt'Dil "At. 4 Mystery View PFP-Ol-OOS ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/20/0 I IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR COMMERCIAL TIRE ) SUBDIVISION, LOCATED ) SOUTH OF MERIDIAN ROAD ) AND SOUTH OF THE EIGHT ) MILE LATERAL, MERIDIAN, ) IDAHO ) ) BY: PINNACLE ENGINEERS, ) INC., APPLICANT ) ) Case No. PP-OI-OI8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled lnatter coming on regularly for public hearing before the City COUl1Cil on Novelnber 20, 2001, and David McIGnl1011, Planner for the Planning and ZoniI1g Departlnent, appeared and testified, and appearing and testifyiI1g on behalf of the Applicant was Clint Boyle, and the City COUl1Cil having received a report from David McIGnl1011, PlaI1ner for the Plannil1g and Zoning DepartInent, and Bruce Frecldeto11, Engineering Tech11ician III, al1d the City Council havi11g received as part of the record of this matter the recomIne11datio11 to City Cou11cil of the Planning and Zonil1g Commission and the applica11t having submitted the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 1 ( "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE V4 OF THE NE V4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECICED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PPl, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENICFELDER, LP-OWNER, PROFESSIONAL CONSTRUCTORS, INC.-DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursual1t to Meridian City Code S 12-3-3. Therefore the City Councillnal(es the following findings: FINDINGS OF FACT 1. That the proposed developn1ent is in conforlnance with the Comprehensive PlaI1 by reason of the fact that it lies withil1 the existing Urban Area as defined i11 the Meridian COlnprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted Decelnber 21, 1993, a11d the property is presently zoned Gel1eral Retail and Service Comlnercial District (C-G), and requires conl1ection to the MUl1icipal Water a11d Sewer System. [Meridia11 City Code S 11-7 -2 I(] 2. The prelilninary plat is in conforll1a11ce with the Comprehel1sive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 2 ( City of Meridian adopted Decelnber 21, 1993, Ordi11a11ce No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed developlnent if the plat complies with the requirements and conditions hereil1after set forth as conditio11s of preliminary plat approval. 4. The proposed developnlel1t is a continuity of the proposed developll1ent \vithin the City's Capital Improvement PrograIn and if the conditions which are requested by the Planning and Zonil1g Administrator and the Engineering Technician III and as proposed by the developer as stated on the prelilllinary plat there will be public final1cial capability of supporting services for the proposed developlnent. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or e11vironmental problems a11d there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the RecoInll1endation To City COUl1Cil of the Planni11g al1d Z011ing COillInission is reasol1able and appropriate for the c011ditions of approval of the preliIninary plat as hereinafter set forth. 7. The applicant has subn1itted for consideration of this approval dra\ving of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/4 OF THE NE V4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 3 ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECI<ED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PPl, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENI<FELDER, LP-OWNER, PROFESSIONAL CONSTRUCTORS, INC.-DEVELOPER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoiIlg Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Prelilninary Plat of the applical1t as evidenced by "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 8-6-0 I , DRAWN BY: SMS, DESIGNED BY: JGC, CHECI<ED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PP1, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENI<FELDER, LP-OWNER, PROFESSIONAL CONSTRUCTORS, INC.- DEVELOPER" is hereby conditionally approved; and 2. The COI1ditio11S of approval are as follows to-wit: Adopt the Planning and Zonillg Administrator and Engil1eering Department FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 4 RecOlnlneI1dations as follows: 1. Sanitary sewer and water service to this site shall J?e via extensions from existing Inain lines adjacent to the property. 2. Landscaping shall be installed as noted above. A detailed irrigatioI1 plan including performance specifications shall be Sllbmitted as part of the required landscaping plan. A letter of credit or cash in the amount of 110% shall be required for these improveme11ts prior to signature on the final plat. 3. All of the required street buffer la11dscaping sl1all be i11stalled prior to the issuance of a Certificate of Occupancy for the lot created by the subdivision and shall be bonded for prior to signature on the Final Plat. 4. Any tree over 4" in caliper that is relTIoved froln the property shall be replaced by installing additional trees, beil1g the equivale11t nUInber of caliper inches of trees that were removed. 5. All parldng shall be retained 011-site for all buildings and businesses within the subdivisiol1. 6. All parldng and areas of circulation shall be paved, striped, and meet Ininimum dilnension requirelnents and number of stalls as per City Ordinance. Handicapped parldng shallll1eet the standards of the Atnericans with Disabilities Act. 7. A drainage plan designed by a State of Idaho licensed architect or engil1eer is required and shall be subInitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. StorIn water treatment and disposal shall be designed in accordance with DepartInent of Environmental Quality 1997 publication, "Catalog of StarIn Water Best ManageIl1ent Practices for Idaho Cities aI1d Counties" a11d City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving strealTI provides written authorization prior to developlnent plaI1 approval. The applicant is responsible for filing all l1ecessary applications with the Idaho Departlne11t of Water Resources regarding Shallow InjectioI1 Wells on the final plat. 8. Assessment fees for water a11d sewer service are determined during the building plan review process. FINDINGS OF PACT AND CONCLUSIONS OP LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-01-OI8) 5 { 9. Any existing irrigatiorvdrail1age ditches crossing the property to be included i11 this project, shall be tiled per City Ordi11ance 11-9-605.M. 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 bee11 requested for tiling of any ditches crossing this project. 10. Any existing domestic wells and/or septic systems within this project shall have to be ren10ved froIn their domestic service per City Ordi11ance Section 5-7 -517 . Wells n1ay be used for non-dolnestic purposes such as landscape irrigation. 11. Subn1it a copy of the Ada County Street Name COlnlnittee's final approval letter for the subdivision nalne, lot and blocl( nUlnbering. Mal(e a11Y corrections necessary to conforln. Adopt the ACHD ReCOlTIIUe11dations as follows: 12. Dedicate 40-feet of right-of-way from the ce11terline of Meridian 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 perlnits), whichever occurs first. 13. Dedicate sufficient right-of-way (58-feet tapering to 41-feet) for the Pen11wood Street extensiOl1 abutting the parcel by lneans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required perlnits), whichever occurs first. 14. Construct the Pennwood Street extension as a cOlnplete 40-foot street section within 58-feet of right-of-way at the west property line tapering toward the southeast corner of the property to one half of a 40-foot street section plus 12-feet of additional pavel11ent, with curb, gutter and 5-foot wide concrete sidewall(. The applicant shall coordinate the exact design and location of Pen'WWood Street with District staff. 15. Construct a 5-foot wide detached concrete sidewall( on Meridian Road located 2-feet within the new right-of-way. Coordinate the locatiol1 a11d elevation of the sidewall( with District staff. If the sidewall( meanders outside of the right-of-way, provide an easelnent for the sidewall(. 16. Replace ul1used curb cuts on Meridian Road with 5-foot wide concrete sidewall( to match the existing improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 6 ( ( 17. Replace any daInaged curb, gutter and/or sidewalk on the Pennwood Street extension a11d Meridian Road to match existing iInprovemel1ts. Seglnents to be replaced shall be deterlnined by ACHD C011struction Services staff. 18. The applicant is proposing to construct three driveways on Penwood Street. The first driveway is proposed to be located approxilnately 70-feet west of Meridian Road. The secol1d driveway is proposed to be located approximately 220-feet west of Meridia11 Road. The third driveway is proposed to located approximately 35-feet east of the west property line. The proposed driveway locations Ineet District policy and are approved with this application. 19. Pave the driveways to their full-required width of 30 to 35-feet and to a point between 30-feet beyond the edge of pave1nent of Penwood Street. 20. Utility street cuts il1 pavel11ent less than five years old are not allowed unless approved in writing by the District. 21. Meet District drainage requirements per section 8000 of the ACHD Developlnent Policy Manual. 22. All utility relocatiol1 costs associated with improving street frontages abutting the site shall be borne by the developer. 23. A11Y existing irrigatiol1 facilities should be relocated outside of the right- of-way. 24. Other tha11 the access points specifically approved with this application, direct lot or parcel access to Meridian Road a11d Penwood Street is prohibited. Lot access restrictions, as required with this application, shall be stated 011 the final plat. Adopt the Meridian Fire Department Recolnmendations as follows: 25. Provide a fire-flow COl1sistent with the 1997 UniforIn Fire Code for the type and size of the building. Fire hydral1ts shall be placed al1 average of 400' apart. 1997 UFC Appel1dix III-A. 26. Operational fire hydrants al1d temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 7 ( 27. Acceptance of the water Sllpply for fire protection shall be by the Meridial1 Water Department. 28. Final Approval of the fire hydrant locations shall be by the Meridian Water DepartInent. 29. All radii shall be 28' inside and 48' outside radius. 30. Insure tl1at all yet ul1developed parcels are maintained free of combustible vegetatiol1 per section 1103.2.4 of the UniforIn Fire Code. 31. The roadways shall be built to ACHD standards. UFC 902.2.1. 32. The tire storage practices shall be consistent with those allowed by the 1997 Uniform Fire Code for High Hazard COITIlllodities. 33. Outside storage aftires shall comply with 1997 UFC 1103.3.6. Adopt the Recommendations of the Central District Health Dept. as follows: 34. The Applicant's central sewage al1d central water plans shall be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of E11vironmental Quality. 35. Run-off is not to create a Inosquito breeding problem. 36. The Engineers and architects il1volved with the design of the subject project shall obtail1 current best managelne11t practices for stormwater disposal a11d desig11 a storrnwater mal1agement system that prevents groundwater al1d surface water degradation. By actio11 day of 4~ ROLL CALL COUNCILMAN ANDERSON VOTED~tL- VOTED~ COUNCILWOMAN deWEERD VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 8 COUNCILMAN BIRD ( ( COUNCILWOMAN McCANDLESS VOTED ~ MAYOR ROBERT D. CORRIE (TI REAKER) (2-1--0( VOTED Copy served Up011 Applicant, The Plannil1g and Zoni11g Departnlent, Public Worl(s Department and City Attorney. By:h~'-/S~(~ City CierI, Dated: . $,t\t~t~{1:n'?~.)., , :\\1;\ .- .;~. r:..,.f:t; ~'\.(5~. \, Of wrEfr~;~' '~;~:~.t i.". :~, --;-- ~,A ,-. ~1t t::'1,; , $' v~ 0f\P0Pl4 ~ ..~'~~:- I A- ~'I . ~ ~ ,~~ 2 -, -4". >$"- 0;;: ~ SEA.L i. - , ~ ~ ~ M',~ \ ~'~i~..~ ~~. 4{;: J") J '1..- -~ft. ~? I 1 Q'-\ .. ;..-'4~ .;;...1. ~,-~" ", , "A~~\ ~.1- y~~ ~~-~ <<~,.flt1 '\Y~~~\)f' i:4'Jj~-~.f.'J.i t ' ,<~ ....d:\Y ~~tt~~~1>'* Z:\W ork\1v1\Meridian\Meridian I 5360M\ConlInercial Tire Sub PPO 1-01 8\FfCIsOrdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP-OI-018) 9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-20-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A TIRE ) FACILITY AND RETAIL STORE ) IN A C-G ZONE FOR ) COMMERCIAL TIRE ) SUBDIVISION, LOCATED ) WEST OF SOUTH MERIDIAN ) ROAD AND SOUTH OF THE ) EIGHT MILE LATERAL, ) MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No. CUP-OI-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled c011ditional use perlnit application having come before the City Cou11cil on NoveI11ber 20, 2001, at the hour of 6:30 p.m., at Meridia11 City Hall, 33 East Idaho Street, Meridia11, Idaho, a11d David McIG11110n, Planner for the Planning and Zoning Department, appeared al1d testified, and appearing aI1d testifying on behalf of the Applicant was Clint Boyle, and the City COUI1Cil havi11g duly considered the evidence and the record in this 1natter and the Recomme11dations to City Council issued by the PlaI111ing and Zoni11g Comlnission who conducted a public hearing and the COU11Cil havi11g heard and tal(en oral al1d FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I ( ( written testilTIOny, and having duly cOl1sidered the matter, the City Council hereby lnal(es the following Findings of Fact, C011Clusio11S of Law al1d Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the COl1ditiol1al use perI11it was published for two (2) COl1secutive weel(s prior to the said public heariI1g scheduled for November 20, 2001, 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 consideratioI1Inore than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted UpOl1 the property under consideratiol1 more tha11 one weel< before said hearing al1d the copies of all notices were Inade available to newspaper, radio and television stations as public service announcements; and the lnatter havil1g beel1 duly considered by the City Council at the Nove1nber 20, 2001, public hearing; and the applicant, affected property OWl1ers, and governn1ent subdivisions providing services withil1 the plan11ing jurisdiction of the City of Meridian, having been given full opportul1ity to express COInInents a11d submit evidence. 2. There has been c01nplial1ce with all notice al1d hearing require1ne11ts set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ( ( forth in Idaho Code 967-6509,6512, a11d Meridian City Code ss 11-15-5 al1d 11-17- 5 as evideI1ced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridial1 City Code S 11-17 -4, a public hearing was required before the City COU11Cil on this application. 4. The property is located west of South Meridian Road and south of the Eight Mile Lateral, Meridian, Idaho. 5. The owner of record of the subject property are JOh11 and Bonnie Schenlaelder, L.P. of Meridian, Idaho. 6. Applicant is Pinnacle Engi11eers, Inc., of Boise, Idaho. 7. The subject property is currently z011ed C-G. The zonil1g district of C- G is defined within the City of Meridia11 ZOI1ing and Development Ordinance, Sectiol1 11-7-2. 8. The proposed application requests a cOl1ditional use per1nit for the C-G zone for a tire facility and retail store. The C-G Z011il1g designation within the City of Meridian Zoning and DevelopInent Ordinance requires a conditional use permit be obtai11ed for lTIOst uses including those requested by the Applicant. (Meridia11 City Zoning and Development Ordil1ance, Sectiol1 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 ( 9. The Meridian City COUI1Cil recognizes that the proposed application is in complia11ce with the MeridiaI1 Comprehel1sive Plan. 10. The use proposed within the subject application will in fact, C011stitute a conditional use as deterInined by City Ordinance. 11. The Meridian City Council tal(es judicialI10tice of its Zoning, Subdivision and DevelopI11ent OrdinaI1ces codified at Titles 11 a11d 12, Meridian City Code a11d all current zoning Inaps thereof al1d the COInprehe11sive Plan of the City of Meridiall, and Maps and the Ordinance establishing the Ilnpact Area Boundary. 12. Giving due C011sideratio11 to the comlne11t received froln the goverlllne11tal subdivisions providi11g services in the City of Meridian planning jurisdiction public facilities and services required by the proposed developlnent will 110t ilnpose expense upon the public if the following conditiol1s of development are imposed and the following is also found to be required to Initigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property withi11 the plannil1g jurisdiction of the City of Meridian subject to the following: Adopt the RecolnInendations of Pla11ning and Zoning and Engineeril1g staff as follows: 1. Landscapil1g shall be installed as submitted on the site pla11. One FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 ( additional conifer tree shall be added to the 110rtheaster11 side of the parldng lot area to provide additional sound buffering for the adjacent apartments. Additiol1al trees and/or la11dscaping shall be installed to the northeasterly boundary of the property. Three copies of detailed la11dscape pla11s and irrigation perfoflnance specifications shall be required prior to the issuance of a Certificate of Zoning COInpliaI1ce. 2. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the Subll1itted site plan and Ordi11ance 11-13-4.F. 3. All exterior lighti11g, whether attached to the buildil1g or located within the parldng lot, shall be down-shielded Of otherwise altered so that the light does 110t spillover onto adjacel1t properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. 4. A building permit lnay be issued for the C011struction of the proposed COIl1Iuercial Tire buildi11g prior to the final plat recordi11g of the subdivisio11. No occupancy for the building shall be permitted prior to final plat cOlnpletion. This condition shall be subject to approval by the Public W orl<.s Depart1nent al1d the Meridial1 Fire Departlnent. 5. All signage shall be in accordance with the standards set forth in SectioI1 11-14 of the City Zoning and Developnlent Ordinance. All signage is subject to design review al1d shall require separate perlnits. Telnporary or portable signs shall be prohibited, and shall be removed Up011 three days notice to the applicant. 6. All constructioI1 and site iInprovements shall conform to the requirelnents of the Atnericans with Disabilities Act. 7. A drainage plal1 designed by a State of Idaho lice11sed architect or e11gineer is required a11d shall be subInitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parki11g areas. Stonn water treatment and disposal shall be designed in accordance with DepartIneI1t of EnvironmeI1tal Quality 1997 publication Catalog of Storln Water Best Manage1nent Practices for Idaho Cities and COu11ties FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 aI1d City of Meridian sta11dards a11d policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applicatio11S with the Idaho Departlnent of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight obscllri11g feI1ce at least four feet in height in accordance with Ordi11ance 11-12-1 C. Coordi11ate locatio11 a11d construction requirelnents with Sanitary Services, Inc. 9. Certificate of Occupancy: All required i1nprove1ne11ts shall be complete prior to obtaining a Certificate of Occupa11cy for the proposed development. A temporary Certificate of Occupancy 1nay be obtai11ed by providing surety to the City i11 the forIn of a letter of credit or cash in the amount of 110% of the cost of the required improveIne11ts (including paving, stripi11g, lal1dscaping, and irrigation). A bid shall acco1npany any request for temporary occupancy. Any temporary occupancy shall110t exceed 60 days to cOlnplete the required i1nprovelnel1ts. 10. Sanitary sewer and water service to this site shall be provided via existing facilities. II. A Certificate of Z011i11g C01npliance and a Bllildi11g Permit shall be obtai11ed prior to the start of construction. 12. The hours of operation shall be between 7:30 a.ln. and 6:00 p.m., M011day through Saturday, with 110 operation 011 SUl1day. 13. Applicant shall cOInply with all conditio11S stated in the Preliminary Plat approval PP-O 1-018 recommeI1ded which includes the Meridian Fire DepartInent, ACHD and Central District Health Department. Applicant shall comply with the requirel11ent froln the actioI1 tal(en by the City Council at their November 20, 2001 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 ( 14. Applicant shalllal1dscape the northeast corner of the property, which will be located next to the adjacent apartment building, al1d shall provide a buffer for 110ise. The landscaping shall consist of additional shrubs and trees along with the two existing evergreen trees already existing along that northeast corner. Additionally, the landscaping shall be approved by the Plannil1g and Zoning Depart1ue11t. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Developlnent Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, which thel1 would be harmonious because: 13.1 The subject property is designated 011 the "Generalized Land Use Map" as "Existing UrbaI1" . 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maiI1tained to be harmonious al1d appropriate il1 appearaI1ce or il1tel1ded character of the general vici11ity and that such uses will not change the il1tel1ded essential character of the same area. 15. The uses proposed withil1 the sllbject applicatio11 will110t be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject applicatio11 will be served adequately by central public facilities and services such as highways, streets, police and fire protectiol1, drainage structures, refuse disposal, water, al1d sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ( ( 17. The uses proposed withi11 the subject application will not il1volve uses, activities, processes, lnaterials, equipmel1t al1d cOl1ditions of operation that will be detrimental to any persons, property or the ge11eral welfare by reason of excessive production of traffic, 11oise, slnol(e, fumes, glare or odors. 18. The development will not result il1 the destruction, loss or da1nage of natural or scenic feature of lnajor importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local La11d Use Plan11ing Act of 1975" hereinafter referred to for COl1venience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. s67 -6503). 2. The Meridian City COU11cilluay exercise all the powers required and allthorized under the "Act" except the power to adopt ordinances by the establishlne11t of a Pla11ni11g and Z011ing COlnluissio11 by ordina11ce pursuant to Idaho Code Sectiol1 67-6504 which the City COU11Cil of the City of Meridian has established by the passage of the "City of Meridian Zoning and Developme11t Ordinance" at Titles XI al1d XII, Chapter I, Meridian City Code. 3. As part of a z011ing ordinance the City Council ca11, subject to hearing and 110tice provisiol1 required, provide for the process of special and/or c011ditional use per1uits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordil1ance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 ( which the City of Meridial1 has dOl1e in the adoption of its zoning ordinances. 4. The City Coul1cil has the duty aI1d responsibility to review the facts and circumstances of each application for special use perlnit to determine prior to gra11ti11g the saIne that the evidential showi11g supports the finding that the following standards are n1et and that the proposed develop1uel1t: (Meridia11 City Code 9 11-1 7 - 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harIuonious with and in accordance with the COInprehensive Plan and this Ordi11ance; 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 aI1d that such use will not change the essel1tial character of the same area; d. Will not be hazardous or disturbiI1g to existing or future I1eighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protectiol1, drail1age structures, refuse disposal, water, sewer or that the person responsible for the establishlnent of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additioI1al requiremeI1ts at public cost for public facilities and services and will not be detriluental to the econoInic welfare of the commUllity; g. Will not involve uses, activities, processes, Inaterials, equip1uent and conditions of operation that will be detrimel1tal to a11Y persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; h. Will not result iI1 the destructiol1, loss or dalnage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 ( ( 5. Prior to granting a conditional use per1nit in the General Retail and Service Commercial District (C-G), a public heari11g shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the exterl1al boul1daries of the land under consideration for the conditional use perluit all in accorda11ce with the provisions of Meridian City Code S 11-17 -5 City of Meridian ZOl1il1g and DevelopInent Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Comlnission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that c011ditional use applicatiol1s for land in Old Town and in industrial aI1d com1nercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendatioI1 of the Comn1ission is made, the application shall go before the City Council without a public hearing and the Council1nay approve, deny, or modify the recomluendation of the Commission." 6. Followi11g the public l1earing and within 45 days after the conclusion of the public hearing the COInInissio11 shall, transmit its recomluendations to the Meridial1 City Council with supportive reasons. The COIUIUissio11 shall recoInn1end that the application be approved, approved with COl1ditions or del1ied. The ComIuissio11 shall ensure that any approval or approval with conditions of an application shall be il1 accordance with Meridian Comprehensive PlaI1, City of Meridian Z011ing and DevelopInent Ordina11ce, al1d Idaho State law. (Meridian City Code ~ 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 ( 7. When the City Council approves a cOl1ditional use per1nit it may impose conditions of that approval that reasonably: A. MiniInize adverse impact on other develop1nent; B. Control the sequence and ti1ning of development; C. Control the duration of developlnent; D. Assure that the develop1nent is maintained property; E. Designate the exact location and nature of the developIne11t; 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 Ill1pact Area and the Comprehel1sive Plan of the City of Meridian, which was adopted Decelnber 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: I. That the above nalned applicant is granted a conditiol1alllse permit for the C-G Z011e for a tire facility and retail store, located west of South Meridian Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II ( and south of the Eight Mile Lateral, Meridian, Idallo, subject to the following conditions of use and developlnent, subject to the following: Adopt the Recomlnendations of Planning and Zoning a11d Engineering staff as follows: 1. Landscaping shall be installed as sllblnitted on the site plan. One additional conifer tree shall be added to the northeastern side of the parldng lot area to provide additional sound buffering for the adjacent apartments. Additional trees al1d/or landscapiI1g shall be installed to the 110rtheasterly boul1dary of the property. Three copies of detailed landscape plal1s and irrigation perforlnance specifications shall be required prior to the issuance of a Certificate of Z011ing COlnplia11ce. 2. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped ill accordance with the submitted site plan and Ordinance 11-13- 4.F. 3. All exterior lighting, whether attached to the bllilding or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does 110t spillover onto adjacent properties or rights-of-way. All parl<.ing lot lighting shall be in accordance with Ordinance 11-13-4C. 4. A buildillg perluit Inay be issued for the constrllction of the proposed C01TI111ercial Tire buildil1g prior to the final plat recordi11g of the subdivision. No occupallcy for the buildiIlg shall be perlnitted prior to final plat completion. This condition shall be subject to approval by the Pllblic W orl(s Departl1lent and the Meridian Fire Departnlent. 5. All signage shall be ill accordance with the standards set forth in Section 11-14 of the City Zoning and Develop1ne11t Ordillance. All signage is subject to desigI1 review and shall reqllire separate permits. TeInporary or portable SigI1S shall be prohibited, alld shall be removed upon three days 110tice to the applicant. 6. All C011struction and site improveme11ts shall conform to the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 of the Atnericans with Disabilities Act. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treat1nel1t and disposal shall be designed in accordance with DepartIl1ent of Environlnental Quality 1997 publication Catalog of Stonl1 Water Best Managelnent Practices for Idaho Cities and Counties a11d City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorizatiol1 prior to development plan approval. The applicant is respo11sible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight obscllring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate locatiol1 and construction requirelnents with Sanitary Services, I11C. 9. Certificate of Occupancy: All required iluprovelnents shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the forn1 of a letter of credit or cash in the aInount of 110% of the cost of the required improvements (il1cludil1g paving, striping, landscapi11g, and irrigatioI1). A bid shall accompany any request for temporary occupancy. At1Y teInporary occupancy shall110t exceed 60 days to cOlnplete the required ilnprove1nents. 10. Sanitary sewer and water service to this site shall be provided via existing facilities. II.A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of C011struction. 12.The hours of operatiol1 shall be between 7:30 a.m. and 6:00 p.m., Monday through Saturday, with no operation on Sunday. 13.Applica11t shall comply with all conditions stated i11 the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 approval PP-O 1-0 18 recoln111ended whicl1 includes the Meridian Fire Department, ACHD and Central District Health Departluent. Applical1t shall comply with the requirelnent from the action tal(en by the City Council at their November 20,2001 meeting as follows: 14.Applicant shall landscape the northeast corner of the property, which will be located next to the adjacent apartlnent building, and shall provide a buffer for 110ise. The landscaping shall consist of additional shrubs and trees along with the two existing evergree11 trees already existing along that 110rtheast corner. AdditioI1ally, the la11dscaping shall be approved by the Pla1111ing and Zoning DepartInent. 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 n1eet such requireme11ts as a condition of approval of the applicatiol1 for a conditional use per1nit. 4. That the City Attorney draft an Order Granting Conditional Use Per1uit iI1 accordance with this Decision, which shall be sigI1ed by the Mayor a11d City Clerl( and then a copy served by the Clerl( upon the applicant, the Planning and ZOl1ing Department, the Public W orl(s Department and a11Y affected party requesting I1otice. 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 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 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 ( or denial of the conditional use permit approval may withil1 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 actiol1 of the City Council at its regular meeting held 011 the day of kcem~, 2001. 4-1f. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ VOTED~ COUNCILMAN I<EITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: /Z--1---01 VOTED $i..-- VOTED - MOTION: ~ .---:J APPROVE · -DISAPPROVED: By: d'I~~~~ ~ City Clerl( Copy served upon Applicant, Plal1ning and Zoni11g Departll1ent, Public W orl(s ..,. ~. fn'ft.!.l'~~,! ~T-r Department and the City Attorney. ~~\.~\\Of M6~-~:::~.:-,t~._ .$' :\ ~ ~~r.,~4n"-",L_ ~'o. otlPC'R1h" 't.'V ':" Dated: /2 -4--0 If.' ,~' ~o . ~ gE~~L Z:\Work\M\Meridian\Meridian I 5360Iv1\Con1n1ercial Tire Sub PPO 1-0 I 8\FfCIsCUPO 1-03 I final.doc - . ~- f~ ': - ;;. r,.....::-':\.- 0"':- . ~ (;( . '\~ ~ ~~:~jt,; ~~~,: i"~~, ,'" \<:;~~ ,~}~ ....%~~~:_~ij~ f . ,,\x '''1 ,,1': j.i~~ f:;'I,-~':7:~i6:\:t~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/20/01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A TIRE ) FACILITY AND RETAIL STORE ) IN A C-G ZONE FOR ) COMMERCIAL TIRE ) SUBDIVISION, LOCATED ) WEST OF SOUTH MERIDIAN ) ROAD AND SOUTH OF THE ) EIGHT MILE LATERAL, ) MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) ) APPLICANT ) ) Case No. CUP-OI-031 ORDER GRANTING CONDITIONAL USE PERMIT 1. This lnatter COIning before the City Council on the 20th day of November, 2001, under the provisio11S of Meridian City Code S 11-1 7 -4 for final action 011 conditional use perlnit application and the Council havi11g received a11d approvillg the Reco1nlnendation of the Planl1ing and Zoning COffilnission the Council tal(es the following action: 2. That the above naIned applicant is granted a conditional use permit for the C- G zone for a tire facility a11d retail store, located west of South Meridian Road al1d ORDER CONDITIONAL USE PERMIT (CUP-OI-031) - I ( ( south of the Eight Mile Lateral, Meridiall, Idaho, subject to the following conditions of use and develop111el1t: Adopt the RecommeI1dations of PlanniI1g and Zoning and Engi11eeri11g staff as follows: I. Landscapi11g shall be installed as submitted 011 the site plan. One additional c011ifer tree shall be added to the northeaster11 side of the parld11g lot area to provide additional sound bufferi11g for the adjacent apartme11ts. Additional trees and/or landscaping shall be i11stalled to the 110rtheasterly bou11dary of the property. Three copies of detailed laI1dscape plans and irrigation performa11ce specifications shall be reqllired prior to the issuance of a Certificate of Zoning COlnpliance. 2. All parking and areas of circulation shall be iluproved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the sublnitted site plan and Ordi11ance 11-13- 4.F. 3. All exterior lighting, whether attached to the building or located within the parl<ing lot, shall be down-shielded or otllerwise altered so that the light does 110t spillover onto adjacent properties or rights-af-way. All parl<ing lot lighting shall be i11 accordance with Ordinance 11-13-4C. 4. A buildi11g permit 111ay be issued for the C011structiol1 of the proposed C01nnlercial Tire bllildil1g prior to the final plat recording of the subdivision. No occupancy for the bllildiIlg shall be permitted prior to final plat c01npletioll. This conditio11 shall be subject to approval by the Public W orl(s Departluent and the MeridiaI1 Fire DepartInent. 5. All signage shall be in accorda11ce with the sta11dards set forth in Section 11-14 of the City Zoning and Developlne11t Ordinance. All signage is subject to design review and shall require separate perluits. Temporary or portable signs shall be prohibited, alld shall be relnoved upon three days notice to the applicant. 6. All COllstruction and site improvements shall c011form to the requirements of the Atnericans with Disabilities Act. ORDER CONDITIONAL USE PERMIT (CUP-OI-031) - 2 ( ( 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be subluitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environnlental Quality 1997 publicatiol1 Catalog of Storm Water Best ManageIuent Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving streall1 pr~vides vvritten allthorizatio11 prior to develop1nent plan approval. The applicant is responsible for filing all l1ecessary applicatio11s with the Idaho Departnlent of Water Resources regarding Shallow Il1jection Wells. 8. Trash: The trash e11closure shall be enclosed on at least three sides by a solid wall or sight obscuring fel1ce at least four feet in height in accordal1ce with Ordi11ance 11-12-1 C. Coordinate locatiol1 and construction requireInents with Sanitary Services, Inc. 9. Certificate of Occupancy: All required i1uprovements shall be complete prior to obtaining a Certificate of Occupancy for the proposed developll1ent. A temporary Certificate of Occupancy luay be obtained by providing surety to the City in the forIn of a letter of credit or cash il1 the aITIOUl1t of 110% of the cost of the reqllired i1nprovelnents (il1cluding paving, stripi11g, la11dscaping, and irrigatio11). A bid shall accompany any request for telnporary occupancy. Any teInporary occupancy shall not exceed 60 days to c01nplete the required improveme11ts. 10.Sal1itary sewer and water service to this site shall be provided via existing facilities. 11.A Certificate of ZoniI1g COlnpliance and a Building Permit shall be obtai11ed prior to the start of constructiOl1. 12.The hours of operation shall be between 7:30 a.In. and 6:00 p.In., Monday through Saturday, with no operatiol1 011 Sunday. 13.Applicant shall con1ply with all c011ditions stated in the Prelill1inary Plat approval PP-O 1-0 18 recomme11ded which includes the Meridian Fire Department, ACHD and Central District Health Department. ORDER CONDITIONAL USE PERMIT (CUP-OI-03l) - 3 ( ;' ( Applicant shall cOlnply with the requirel11ent from the action tal(el1 by the City Council at their November 20, 2001 meeting as follows: 14.Applicant shall landscape the northeast corner of the property, which 'Will be located next to the adjacent apartment bllilding, and shall provide a buffer for noise. The landscaping shall consist of additional shrubs and trees alo11g with the two existing evergree11 trees already existing along that 110rtheast corner. Additionally, the landscaping shall be approved by the Pla11ning and Zoni11g Departme11t. 3. The above conditions are concluded to be reasonable and the applicant shall n1eet such requirelnents as a cOl1dition of approval of the application for a c011ditional use perlnit. 4. Notice to Perlnit Holder, this conditional use perlnit is not traI1sferable without complying with the provisions of Meridian City Code S 11-17 -8, a copy of which is attached to this perlnit. By actiol1 of the City Council at its regular Ineeting held on the Mat~~ 4-7!::- day of , 200 I. D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoni11g Departme11t, Public W orl(s Departme11t and City Attorney. B~~~j~ City Clerl( Dated: /2---4---c; I L <40, Q.i'l71 f4. /'- ...~ CJ3at~~ .. ~ \\NPA_NTS40]DOSERVER_Z\Work\M\Meridian\Meridian I 5360M\Commercial Tire Sub PPOI-O~\Or.~p.OI-031.dO~0~ !. l ORDER CONDITIONAL USE PERMIT ~'" ~~~?r 1s:t .i:/....,€? ~'i.(' ,~, ~.7 -, , . ~ .,('\J~. .~ (CUP-Ol-03l) "~"~~." ~ ,~. "~~B~~~ BEFORE THE MERIDIAN CITY COUNCIL .. IN THE MATTER OF THE ) APPLICATION OF NAMPA NEON, ) INC. / I<ENTUCICY FRIED ) CHICI<EN, REQUEST FOR ) VARIANCE TO I<EEP THE ) EXISTING BUCI<ET SIGN IN A C- ) G ZONE, LOCATED AT 677 EAST ) 1ST STREET, MERIDIAN, IDAHO ) ) .. . C/C 11-20-01 CASE NO. VAR-OI-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE . .. The above entitled Inatter coming on regularly for public l1earing before the City Council on November 20, 2001, and David McIG11non, Pla11ner for the Pla1111i11g and Zoning Department, appeared and testified at the hearing, and appearing al1d testifyil1g was the applicant was Ron Harold, and Larry Durkil1 appeared and testified with comlnel1ts 011 the application, and the City Council havi11g received the tra11s1nittal to agencies a11d having received the variance applicatio11, havi11g heard the testilnony presented, being fully advised in the pren1ises does hereby lnal(e the followi11g Fi11dings of Fact and C011clusions of Law and Order of Decision, as follows to-wit: Page 1 of 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-OI-013) ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW T udicial Notice: .. The CouI1cil may take judicial notice of government ordinances, aI1d policies, and of actual conditions existiI1g within the City and State. 1. The City of Meridia11 has authority pursua11t to the e11actIne11t of the "Local La11d Use Plan11il1g Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67-6516 to provide as part of its zoniI1g ordinance for the process of applications for variance perInits. 2. T11e City of Meridian has duly exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning a11d Development Ordinance variances, as set forth il1 Meridian City Code S 11-18. 3. That the require111ents 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 a11d standards for variances are set forth il1 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 conditiol1s affecting the property that strict applicatio11 of the provisions of Z011ing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-OI-OI3) Page 2 of 7 ( a11d Developme11t Ordi11ance would clearly be impracticable aI1d unreasonable, and a finding that strict compliance with the requirements of the Zoning and DevelopInent Ordil1ance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the l1ature or condition of adjacent developlnent, or other physical c011ditio11S or other conditiol1S that mal(e strict COlTIplial1ce with the ordi11a11ce uI1reasol1able under tl1e circll111stances, or that the conditions and requirements of said ordinance will result in inhibitil1g the achievemel1ts or the objectives of the ordinance, and that the granting of a specified variance will not be detrime11tal to the public's welfare or il1jurious to other property in the area in which the property is situated, and that such variance will not have the effect of alteril1g the interest a11d purposes of the Zoning and Developlnent Ordinance arld the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-18-3, and il1 particular iteITI S 11-18-3 D, FINDINGS, and in the C-G Z011e, which provides as follows: 11-18-3 D FINDINGS: A. That there are such special cirCUInstances or conditions affecting the property that the strict applicatioI1 of the provisions of this Title would clearly be iInpracticable or UI1reasonable. B. That strict complia11ce with the requireIne11ts of this Title would result in extraordinary hardship to the owner, subdivider or developer because of ul1usual topography, the nature or condition of adjacent development, other physical c01'lditions or other conditions that mal(e strict compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (V AR-OI-013) Page 3 of 7 with this Title ullreasonable under the circumstances, or that the conditions and requirements of this Title will result iI1 inhibitiI1g the achieveme11ts or the objectives of this Title. C. That the granting of the 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. D. That such variance will not have the effect of altering the interest and purpose of this Title a11d the Meridian COInprehel1sive Pla11. 6. That the City of Meridian adopted a new Sign Ordinance on February 20, 2001, and which Sign Ordinance addresses, under ~~11-14-8 Band 11-18-3 D, that whel1ever a change in a specific piece of property's buildil1g or layout, by more than 25%, a11d a nonconforlning sign on that property exists, the sign is no longer legally nonconforllling a11d shall be re1TIoved. The approval of the I1ew Sigt1 Ordi11al1ce would then apply to the Applical1t's present variance request, as the Applicant 'Will be addil1g a new building to the property, which will be more thal1 25% cha11ge to the property. Additionally, the height of the sign is 110t in cOlnplial1ce with S 11-14-10, as the present sign is lnore than three hundred feet from the freeway and it is 110t cOl1sidered an 1-84 Overlay Zone sign. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (V AR-OI-013) Page 4 of 7 ( 1. The applicant, Nalnpa Neon, Inc.IICentucky Fried Chicken, G & H Enterprises, owner of the property located at 677 East 1st Street, filed for a varia11ce of the sign requireInents of the Meridia11 City Code at S 11-14-1 0, and which existing . bucl(et sign is not in conformance with the l1ew Meridian City Code. Applicant's present bucl(et sign is currently more than three hundred feet from the freeway a11d it is not considered an 1-84 Overlay Zone sign. Also, the present bucket sigI1 is not in compliance with Meridian City Code ss11-14-8 Band 11-18-3 D. Additionally, a new building is to be built UpOI1 the property, and the new building would bri11g significantly more than 25% change to the property, essentially by the relnoval of the use of the building by the construction of a new building. 2. Applicant, Nampa Neon, Inc.IICe11tuclcy Fried Chicken, seel(s a variance of the sigt1 requirelnents because the Sig11 is already existing on the property. 3. The location of the subject property is located i11 a General Retail and Service COlnmercial District (C-G) at 677 East 1 st Street, Meridian, Idaho. 4. The legal description of the property appertaiI1s to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: A tract of la11d situated in Government Lot #2, Section 18, Township 3 North, Ral1ge 1 East, Boise Meridian, Ada COU11ty, Idaho, more particularly described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (V AR-OI-013) Page 5 of 7 ( Commencing at a brass cap m011ulnenting the Northwest corner of said Sectio11 18, thence S 0049'10" W alo11g the section li11e a distance of 2654.47 feet to a brass cap monU111enting the West V4 cor11er of said Section 18, thence N 07014'25" E a distance of 223.46 feet to a steel pin, said pin being the REAL POINT OF BEGINNING. Thence N 0049'05" E a distance of 357.70 feet to a point, thence S 60053'28" E a "distance of 266.61 feet to a point, thence S 29003 '21" W a distance of 4.00 feet to a highway right-of-way Inonument (State Highway 69), thence S 31002'34" W a distance of 183.50 feet to a highway right-of-way monument, thence S 30021 '00" W a dista11ce of 130.58 feet to a highway right-of-way InOnUlTIent, thence N 58057'26" W a distance of 88.11 feet to a REAL POINT OF BEGINNING. The above-described tract of land contains 1.29 acres luore or less, and is subject to all existing easelnents and rights-oE-way. Together with their appurte11ances. 5. Pursuant to the staff testimollY and acti011 of the City COUI1Cil at their NoveInber 20, 2001 meeti11g, that the request for varia11ce should be denied. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City COUl1Cil does hereby Order and this does Order: 1. Pursuant to SS 11-18-3 D, 11-14-8 B, and 11-14-10 of the Meridian City Code, the Applicant is hereby denied the sign variance as per the decision of the City COU11Cil at their Novelnber 20,2001, llleeting, for the real property located at 677 East 1 st Street, Meridia11, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-OI-013) Page 6 of 7 ( 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' 67-6521 an affected person being a perso11 who has a11 interest in real property which may be adversely affected by the issuance or denial of a variance authorizi11g a fence variance of 11-13-4 B 3 Screening as provided in the Sectio11 11-2-410 A, and may within twenty-eight (28) days after the date of this decisio11 and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By actio11 of the City Council at its regular meeting held on the /14 I day of .te~~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE McCANDLESS VOTED ~ ------- IvIAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: ! Z --4-----01 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-OI-013) Page 7 of 7 ( t MOTION: APPROVE~ - DISAPPROVED: Copy served upon Applicant, the Planning and Z011ing Departlnent, Public W orl(s Department, and the City Attorney office. "\\ ',\ \ \ , \~:'t ~'~ :~~ ,,~"~1,.l~~/ !-.(J \,-, ~ Or t>;..i~"":", . .:~ 12- A_ A1 ( ~~..;'&" o~,~~~'~,;J,>'" Dated'. - .,- --t:/ $' ,0' .' . .", r(: '\.." "' 'r, /7 "~~ 0 ....: By:dI~.ft~ ~ City Clerl( * ~-::' r oL 0lJ~.~_ \c>C::l< >.r{7 J "~ -t~,' \i~./ "-If...,... 1P\ ~ ,/", /) .:-/ ~'"/ ,-!., "'i,~; ~ ___''''~~'- ~....' \\NP A _ NTS40 ]DC\SERVER _ Z\ Work\M\Meridian \Meridian I 5360M\KFC V ARO 1-0 13 Denial\FfCIsDenyV ari~Ii~~11~~::' Z~~ ';--<[ , \~:~>':" r<: ... " , "-\ \. ' -.. _,.,r ~ ~ .~ / ~ t . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (V AR-OI-013) Page 8 of 7 ( BEFORE THE MERIDIAN CITY COUNCIL C/C 12/04/0 1 IN THE MATTER OF THE APPLICATION OF TURTLE CREEI(, LLC, FOR APPROVAL OF FINAL PLAT FOR TURTLE CREEIC SUBDIVISION NO.3, LOCATED EAST OF LINDER ROAD AND SOUTH OF USTICI( ROAD, MERIDIAN, IDAHO CASE NO. FP-OI-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter COIning before the City Council for Fil1al Plat approval pursuant to MeridiaI1 City Code S 12-3-7 on November 7,2001 a11d tabled to December 4, 2001, and the Council finding that the Adlninistrative Review is complete which has included certai11 COlnments and conditions as stated in a letter to the Mayor and Council fr01n Bruce Frecl<leton, Engineering TechniciaI1 III, and Steve Siddoway, Planl1er for the Planning and ZoniI1g Department, listing 8 General COInments and 20 Site Specific COlnlnents, which are herein found fair and reasonable, and at the December 4, 2001 meeting, David McIGnnol1, Planner for the Pla11ning and Zoning Department, cOffilne11ted at the l1earing, and Gary Lee from J- U-B Engineers appeared and testified 011 behalf of the applica11t, and no one appeared ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.3 (FP-OI-018) - 1 ( ( in opposition, and the Council having c011sidered the requiren1ents of the preliminary plat the Council tal(es the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "TURTLE CREEI( SUBDIVISION NO.3" as evidenced in Plat bearing the "PLAT SHOWING TURTLE CREEI( SUBDIVISION NO.3, A PORTION OF THE S 1/2 NE 1/4, SECTION 2 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2001, J-U-B ENGINEERS, INC., SHEET I OF 2, 11759FPl, DATED: 09/05/01, AND HAND WRITTEN DATE: 9-20-01,3, aI1d TURTLE CREEI(, L.L.C, DEVELOPER", is COI1ditio11ally Approved subject to those conditions of Staff COInme11ts as set forth in the Memorandum to the Mayor and City Council fro11;l Bruce Frecldeton, Engineering Technicial1 III, and Steve Siddoway, Planner for the Planning aI1d Zoning DepartInent, dated N ovelnber 29, 2001, listing 8 General Comments and 20 Site Specific Comments, a true al1d correct copies are attached hereto 111arked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Pursuant to action tal(en by the Council at their December 4, 2001, meeting, the followi11g nun1bers from the staff comments are elilninated or revised as follows: ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.3 (FP-OI-OI8) - 2 l l. Under Site Specific COlnments, numbers 2 and 7 are to be eliminated, as shown on the attached Exhibit "A" of said comInents. Under Site Specific COInments, l1uInber 12, shall be revised and shall read as follows: "In accordance with City Ordi11ance 12-13-8-1, u11dergrollnd year-round pressurized irrigation must be provided to all lots. The proposed irrigation system will be an extension of the existing NMID pressurized irrigation system in previous phases of Turtle Creel( Subdivision. Payment of water asseSSlnent fees for the COffilnon areas is required, prior to city sigt1atures on the fi11al plat lnap since the system serving this subdivision has a single point cOl1nection to City water, and if this systeln is not utilizi11g the City's water as bacl(up, then the asseSSlnent fees shall not be required" . 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed aI1 average of 400' apart. 1997 UFC Appendix III-A b. Operational fire hydra11ts a11d telnporary or perlnaneI1t street signs are required before cOlubustible COI1struction begins. UFC 901.4.2 & 901.3. c. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. d. Fi11al approval of the fire hydrant locations shall be by the Meridian Fire Department. e. All radii shall be 28' inside and 48' outside radius. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.3 (FP-OI-018) - 3 ( f. Insure all yet llndeveloped parcels are lnaintained free of combustible vegetation per section 1103.2.4 of the UFC. g. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 h. The proposed 57 -lot subdivision with an estin1ated 2.8 residents per household would have a total estilnated population of 159 residents at build out. According to a report cOlnpleted by Fire & E1nergency Services C011sulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up froln 2069 responses il1 the year 2000. 1. An approved temporary turn-around is required for any dead- ends over ISO' that are created by the Phasing Plan. 1.3 Comply with the Central District Health Departme11t's EnvironInental Health Division on the Final Plat dated 10/11/0 I. 2. The final plat upon which there is contaiI1ed the Certification and signature of the City Cieri, and the City Engineer verifyi11g that the plat Ineets the City's requirements shall be signed only at suel1 tilne as: 2.1 The Plat dimensions are approved by the City Engineer; al1d 2.2 The City E11gineer has verified that all off-site improvelnents are cOInpleted and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improve1uents. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEIC SUBDIVISION NO.3 (FP-OI-OI8) -4 { t 1-1:!::- day of By action of the City Council at its regular meeting held on the \ Le/h/~ go. ,2001. Copy served upon Applicant, the Planning and Zoning DepartlTIel1t and the Public W orl(s Department. ...... ~ ByJl~,R ~I ~. City Clerl( Dated: /2 -14- --tJ ( Z:\W ork\lV1\Meridian\Meridian I 5360M\Turtle Creek Sub 3 FPO 1-0 18\FPOrderO 1.0 IS.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURTLE CREEIC SUBDIVISION NO.3 (FP-OI-OI8) - 5 ~ MAYOR Robert D. Corrie /- \ HUB OF TREASURE VAlLEY A Gocx:l Pla~ to Live LEGAL DEP ARTIv.1ENT (208) 288- 2499 . Fax 288- 2501 PUBll C WORKS ~ BUILDING DEP ARTIv.1ENT (208) 887-2211 . Fax 887-1297 PLAl\!NIN"G A1\[) ZO:NING DEP ARTIv.1ENT (208) 884-5533 . FAX 888-6854 orr CDUI\KJL 1v1EMBERS Ron Anderson Keith Bird TamrnydeWeerd (bene :MCCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 GtyOerkOffice Fax (208) 888-4218 MEMORANDUM: November 29, 2001 To: Mayor & City Council Steve Siddoway, Pla1mer ~~ c-:::::# Bruce Freckleton, AssistaIlt to City EngineeI~ From: Re: Turtle Creek Subdivision #3 . Final Plat of 57 Building Lots aIld 3 otller lots on 17.66 acres by Turtle Creek:, LLC (File FP-OI-018). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered i.n full, q.nless expressly modified or deleted by motion of the Meridian City Council: LOCATION The parcel is located south of Fairview A veI1U,e and UQrtl1 of- Pin~ Street, 1;4 Inile west of Cloverdale Road. SURROUNDING PROPERTIES North: Tumble Creek Subdivision, zoned R-4. South: Turtle Creek Sub No.2, zoned R-4. East: AT&T Cell Tower, zoned R-4. West: Turtle Creek Sub No.1, zoned R-4. SITE SPECIFIC COMMENTS: 1. W. Old Mill Drive does not COlll1ect to N. Kubik Way, as currently shown on the plat. Staff's recommendation is that the developer obtain an easement, to the satisfaction of the Ada County Highway District, for the roads to connect. If such an easement cannot be obtained, the developer must construct a temporary turn-around at the end of W. Old .Mill Drive. Any affected lot(s)-upon which the turn-around encroaches-will remain un-buildable until the road is connected and the turn-around is abandoned. FP-OI-018 Turtle Creek #3.FP.doc ~--- ~.~ ( Mayor & City Council November 29,2001 Page 2 ( 3. Sewer service to this site is being proposed via extensions from existing mains in Tllrtle Creek Subdivision. Applicant will 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 4. Water service to this site is being proposed via extensions from existing mains in Tluile Creek Sllbdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. The Landscape Plan submitted with the Final Plat (Sheet L-l, Land Group, dated 9-25- 01) needs one minor modification to meet the intent of the Landscape Ordinance. The Landscape Ordinance states that exposed cobble is prohibited, unless designed as a dry creek bed or similar design feature. Staff recommends adding sOOlb groupings arOllnd the perimeter of the cobble to reinforce this design feature. Upon that addition, the submitted landscape plan will meet all requirements of Ordinance 12-12 and is approved with that modification. 6. The proposed amenities-tot lot and sand volleyball cOllrt-will be required to be built prior to issuance of any occupancy permit. These amenities shall be bonded for prior to signature on the final plat. " 8. Note 12 does not specify who will be responsible for maintenance of the grass, trees, and other amenities within the storm drainage lots. Please add a note stating that such areas will be maintained by the Homeowners Association. 9. Note 11 describes a 12-foot wide easement, bllt does not state where it is located. Please clarify this note. 10. Two lots do not meet the minimllm frontage requirements: Lot 18, Bloclc 2 and Lot 2, Bloc~ 19. The lot lines need to be realigned to create conforming lots. Place the front of house symbol on Lot 8, Block 18, towards N. Kubik Way. This is required due to the south lot frontage being less than the minimum 80- foot reqllirement. 11. Revise the year 0 f platting to "2002". 12. In accordance with City OrdinaJ.lce 12-13-8-1, undergroulld year-round pressllrized irrigation must be provided to all lots. The proposed irrigation system will be an extension of the existing NMID pressllrized irrigation system in previous pllases of Turtle Creek Subdivision. Payment of wat~r assessment fees for the common areas is required FP-O 1-0 18 Turtle Creek #3.FP.doc /" / / <c/ ?" Mayor & City Council November 29,2001 Page 3 ( prior to city signatures on the [mal plat map _since the sy~~~m serving this subdivision has \ a single point connection to City water. (wLbf.c, Cl-t9-~ ~ ~ ) 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 14. Note 10 states that there is restricted access to W. Turtle Creek Drive, however L<?ts 4-5, Block 11 shouldn't be restricted since it appears the "collector" street ends at the intersection. Please clarify the intent of this note. 15. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 16. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24 hours. 17. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada COllnty Highway District prior to applying for building permits. All 'development improvements shall be installed and approved prior to obtaining certificates of occupancy. A -letter of credit or cash surety in the amount of 110% will be re.quired for a~l fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 18. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 19. Graphically depict five-foot-wide public lltilities, irrigation and drainage easements along the southwesterly boundary of Lot 2, Block 19, and Lot 7, Block 17; and along the westerly boundary of Lot 28, Block 17, since these will be side lot lines against the hlture phase to the west. 20. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relie've Applicant of responsibility for compliance. GENERAL- REQUIREMENTS: 1. Make any corrections necessary to conform with the letter from the Ada COllnty Street Name COlnmittee. 2. Coordinate fire hydrant placement with the City of Meridian Pllblic Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the FP-O 1-018 Turtle Creek #3.FP.doc ~':- ,,- (, ( Mayor & City Council November 29, 2001 Page 4 final plat. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydr~ts. 5. Applicant shall be responsible to construct permanent, six-foot-high perimeter fencing, except where the City agrees in writing that no fencing is necessary. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape inigation. 8. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION: Staffrecommends approval of the Final Plat with the above conditions. Note: Before this application can be acted upon, the Council must first act on the accompanying variance application. The variance is for a time extension to allow the application to be considered, as the I-year time limit has expired. FP-O I ~o 18 Turtle Creek #3.FP.doc ('- ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BRIGHTON CORPORATION, FOR APPROVAL OF FINAL PLAT FOR SILVERSTONE CORPORATE CENTER, LOCATED AT THE SOUTHEAST CORNER OF EAGLE AND OVERLAND ROADS, MERIDIAN, IDAHO C/C 12/04/0 1 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OI-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This lnatter coming before the City Council for Fil1al Plat approval pursuant to Meridian City Code S 12-3-7 on December 4,2001, and the Council finding that the Adlni11istrative Review is complete which has included certain COInlnents and conditions as stated in a letter to the Mayor and COUl1Cil from Bnlce Frecldeton, Engineering Tech11icial1 III, and David McIG11nol1, Pla11I1er for the Plan11ing and Zonil1g Departlnent, listiI1g 6 General Comments and 20 COlumel1ts, which are herein fOUI1d fair and reasonable, and at the Deceluber 4, 2001 meeting, David McIGI1noI1, Planner for the Pla1111ing and Zoning Department, cOluInented at the heariI1g, along with Brad Watson, Assistant City Engineer, and COD1ell Larsen appeared a11d commented on behalf of the applicant, a11d no 011e appeared in ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SILVERSTONE CORPORATE CENTER (FP-O 1-0 1 9) - 1 ( oppositio11, and the COU11Cil having cOI1sidered the requirelnents of the preliIninary plat the Council tal(es the following action: IT IS HEREBY ORDERED THAT: I. The Plat of "5IL VERSTONE SUBDIVISION" as evidenced in Plat bearing the "SILVERSTONE SUBDIVISION, A PARCEL OF LAND LOCATED IN THE W Y2 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, SHEET I OF'S, a11d on page 2 of 5 PLAT-2.dwg 9-21-01, QUADRANT CONSULTING, INC.", Sundance Investlne11ts, Developer, is C011ditio11ally Approved subject to those COl1ditiol1S of Staff COlnlnents as set forth in the Memorandum to the Mayor and City Council froln Bruce Frecldeton, E11gineering Technician III, and David McIG11non, Planner for the PlanI1ing al1d Z011ing Departlnent, dated Nove111ber 28, 200 I, listiI1g 6 General COll11nents and 20 Comlnents, a true and correct copies are attached hereto marl(ed Exhibit "A", a11d consisting of four pages, and by this reference incorporated herein, with the additional requireInents as follows, to-wit: 1.1 Pursuant to action taken by the Council at their Decen1ber 4, 2001, meeting, the followi11g nUInber from the staff comments is revised, and as shown on the attached Exhibit "A", as follows: Under COIllInents, number 6, shall be revised and shall read as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR 51L VERSTONE CORPORATE CENTER (FP-O 1-0 I 9) - 2 ( ( "Street signs are to be in place, water systeln shall be approved and activated, pressurized irrigation system approved and activated, drainage lots c011structed, and road base approved by the Ada County Highway District prior to applying for additional building permits. A letter of credit, bOl1dillg, or cash surety ill the amount of 110% will be required for all fenci11g, pathways, la11dscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.". Additionally, at the Council meeting held on December 4, 200 I, Council requires the following: Pertaining to the Eight Mile Drain, the applicant shall tile the Drain froIn their east boundary to where it crosses Overland Road. The Army Corp of Engilleers will OI11y allow the pipi11g of 205 feet for a street crossi11g. That is the InaxiInUIn short-term piping they will allow. Also, the ACHD requires the applicant to shift the right-of-way a bit to the south, towards the Eight Mile Draill. When the applicant dedicates that right-of-way to ACHD the drai11 pipe will be on ACHD's right-of-way, ofwllich ACHD is aware of. It is preseIltly iI1 the process of beillg worl(ed out betweell tile elltities involved to get an applicatio11 to the Corp of Engineers to facilitate piping the rest of the ditch. PreseI1tly, that is the applicant's intentions, to pipe the rest of the ditch, upon the approval of ArIny Corp of Engineers. 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire-flow of 1 ,000 gallons per Ininute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed all average of 400' apart. 1997 UFC Appendix III-A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE CORPORATE CENTER (FP-O 1-0 19) -3 ( ( b. Operational fire hydrants and teluporary or per111anent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. c. AcceptaI1ce of the water supply for fire protection shall be by the Meridian Water Departlnent. d. FiI1al approval of the fire hydrallt locatiolls shall be by the Meridian Fire Department. e. All radii shall be 28' inside and 48' outside radius. f. Insure all yet undeveloped parcels are 111aiI1tailled free of combustible vegetation per section 1103.2.4 of the UFC. g. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 h. The proposed 29-1ot subdivision will have an UnlGlown transient population and will have an unlmown impact Meridian Fire Departlnent call volumes. According to a report completed by Fire & Eluergency Services Consulting Group i11 February of 2000 our requests for service are projected to reach 2800 ill the year 2005 and 3800 by tIle year 2010, this is up from 2069 responses in the year 2000. 1. The proposed project lies outside the five-luinute response zone goal. Achievelue11t of this goal is subject to budgetary constraints and is inte11ded to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget C011straints are typically defined as capital outlay for facilities that are located withill 1.5 Iniles from a given location a11d sufficiellt operational funds to staff the facilities. 1.3 Comply with the Central District Health Departmellt's Environmental Health Division on the Pinal Plat dated 11/2/01. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE CORPORATE CENTER (FP-O 1-0 19) -4 (- 1.4 Comply with the ACHD's Site Specific Requirements and Standard Requirelne11ts as presented in their Inter-Office Memo dated Novelnber 7, 2001, with the attached Developnlent Application Report dated March 14, 2001. 2. The final plat upon which there is contained the Certificatio11 and sigI1ature of the City Cieri, and the City E11gineer verifyil1g that the plat lneets the City's requireIneI1ts shall be signed only at such time as: 2.1 The Plat di111ensions are approved by the City Engi11eer; al1d 2.2 The City Engineer has verified that all off-site ilnproveInents are completed and/or the appropriate letter of credit or cash has been issued guara11teeing the cOlupletio11 of off-site a11d required on- site inlproveInents. fe;- By action of the City Council at its regular Ineeti11g held on the becefW~ , 200 1. day of Copy served upon Applicant, the Planning and Zoning Departlnent and the Publis: \, \\ H;-vt.'~U4f~ W orl(s Department. \\\,+.\' Of ~..' ~~~ .~:!.:'I\. ..<~ '>;.'~I) .;j. ~" . . ~" ,I ,{ 0 #(P~~o , By:df~#4 ~ Dated: /2- - /4--() J" < \ City Clerk ;. 7- /'1 ...i :: ~ (.~.7 1 ~ \.. ~'~i... . - J..';?'.. ,,9 iF ~;f#~~_,~,-'~~r 1~ ~.. " ~-5>,~r "I"~> ~,~ -. . -', ~~ ~ - Jj." ~~~ ai\, w~ .,..~ ,~f- <J"/#I .~tf 1~ " ~' !~ - ~~I:M ~< }:r?l.(~\."1. . Z:\W ork.\M\Meridian\Meridian 15360M\Silverstone Corp Cntr FPO 1-0 19\FPOrderO 1.019 .doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERSTONE CORPORATE CENTER (FP-O 1-0 19) - 5 l"fA )"'OR Robert D. Corrie H[JB OF TRE4SrJRE r:4LLEY A Good Place to Live LEGAL DEPARThfENT (208) 288.2499 . Fax 288-2501 CITY COUNCIL ~'IEivfBERS Ron Anderson K~ith Bird T arnnlY de \V eerd Cheri~ ivfcCandless CITY OF MERIDIAN 33 .EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888--4433 . FA...X (208) 8874813 City Clerk Otlice Fax (208) 888-4218 PlJ13LIC \VORKS BUILDING DEP~.\RThIENT (208) 887-2211 . Fax 887..1297 PLANNING Al\1D ZONING DEP ARTi\.fENT (108) 884-5533 . F~~'X 888-6854 l\1El\'IORANDUM: To: Mayor & City Council Bruce Freckleton, Assistant to City Enginee~ David McKinnon, Planner II '1JA November 28, 2001 RECEIVED NOV 3 0 2001 From: Re: City Of :evIeridian City Clerk Office Request for a Final Plat Approval of Silverstone Corporate Center, Consisting of 17 Building Lots and 12 Other Lots on 78.06 Acres in a C-G and C-C Zone by Sundance Investments (File #FP-OI-019). We have reviewed this submittal and otTer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located at the southeast comer of Overland and Eagle Road. Parcels within this subdivision are zoned C-C and C-G. The Eight Mile Creek runs through the northeast comer of the plat. The 80+ acres to the west is now vacant, however an application for annexation of the property has been submitted by the owner with the intent on developing the land in a manner similar to Silverstone. The property to the east is currently within the county, zoned RUT and is designated Single Family Residential and Mixed Planned Development on the Meridian Comprehensive Plan's Generalized Land Use Map. An ACHD park and ride lot is locat'ed north of the subject property, on the north side of Overland, as well as vacant commercially zoned land. The southern boundary of the property borders a narrow piece of undeveloped land adjacent to ~he Five Mile Creek. UNRESOLVED ISSUES The applicant has received approval to place a roadway over the Eight Mile Creek at the northeast comer of the Plat. The applicant is currently working with the Army Corps of Engineers to secure approval of a permit to pipe the other portions of Eight Mile Creek that lie within the boundaries of the subdivision. ' COMl\1ENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or FP'()l-0119 Silverstone Corporate Center FP.doc .... :...;~ ',,- .::.. .., ~ayot~afi~ouncd ( November 28J 200t Page 2 lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Applicant has indicated that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 3. If a well or surface source is not available, a single-point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 4. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 5. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24 hours. f) \, . .. -. u,~It1.j) . 7. All landscaping shall be installed as depicted on t.ne ftVeviously approved landscape plan. A 35' landscape easement shall be .graphically depicted alo~g Eagle and Overland Road. The applicant shall be responsible for the. installation of land~caping and irrigation lines around City Well (Lot 2, Block 2) in accordance with the adopted Landscape Ordinance_ A note shall be added to the face of the iplat that th,e Business Owners Association shall maintain all required perimeter landscaping and all common lots. 8. Sanitary sewer service to' this site will be from an extension of the Five Mile Trunk. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main.. sizing and routing with the Public Works Department. The Public Works Department has made major concessions by allowing modifications from the Sewer Master Plan, by permitting the sewer to be placed inside the development instead of in or along Eagle Road. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. Even though this developer is in the process of purchasing and platting the property between this subdivisions south boundary and the Ridenbaugh Canal, the City of FP...Q 1-0 19 Silverstone Corporate Center FP.Doc Mayor and Council November 28, 2001 Page 3 Meridian will require that an easement be granted for sewer extension to and through this area prior to final plat signatures. The applicant shall be subject to latecomers fee. Payment- of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. 9. Water service to this site will be from an extension of existing water mains in Overland and Eagle Roads, as well as from a new City well currently under construction on Lot 2, Block 2. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall be subject to applicable water main latecomers fee. Payment of the Latecomer's fee is required prior to signature on the final plat map by the City Engineer. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish cent~rline elevations are set a minimum of three-feet above the highest established normal groundwater elevation. 11. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 12. The Professional Land Surveyor preparing this plat shall stamp, sign and date the plat pages per the requirements ofIC 54-1215 (3C). 13. Please change the year of platting to "2002" 14. Add CP&F numbers to the WI/16, and CWI/16 corners if they exist. 15. Please add or revise the following plat notes: (1.) (2.) ( 4.) (5.) (9.) (10.) (11.) (12) .. . Conditional Use Permit MCUP-OI-002 dated'Jflry 17, 2001. . . . time of re-subdivision, or as a11o~....,ted by' conditional use. . . . wide public utilities, drainage, and irrigation easement. The... .... City of Meridian, or as allo~y\7cd by conditionalusc. The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. . The bottom elevation of stroctural footings shall be set a minimum of 12-inches above the highest establis.hed normal ground water elevation. As depicted on FIRM Map 16001C02.53 Gl Dated September 22, 1999, portions afthis subdivision lie within a 100 year floodplain. . . Lot 2, Block 2 is a City of Meridian Well Lot. The Business Owners Association shall be responsible for the maintenance of the landscaping on this lot. 16. Dimension the width of the existing Eight Mile Creek easement. 17. Execute the Certificate of Owners and accompanying Acknowledgments. FP"() 1-0 19 Silvel-stone Corporate Center FP.Doc Mayor and Council November 28,2001 Page 4 ( ( 18. Please show the "Real Point of Beginning" and the bearing and distance tie from the 1/4 Comer. 19. Please revise the water purveyors statement to read: itAII lots within this plat will be eligible to receive water service from the city of meridian, and the city of meridian has agreed ill writing to serve all the lots in this subdivision. " 20. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve applicant of responsibility for compliance. GENERAL REQUIREMENTS I. - Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and C\.uantity are determined after power designs are completed by ldaho Power Company. The street light contractor shall obtain an approved design and permit from the Public Warks Department prior to commencing installations. 4. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6 Provide five-foot-wide sidewalks in 'accordance with City.Ordinance Section 12-5-2.K. RECOMMENDA nON : . ~ . Staff recommends approval of this Final Plat application with the aforementioned comments and conditions. FP-O 1-019 Silverstone Corporate Center FP.Doc ( ** TX CONF IRMA j- ION REPORT ** AS OF DEe 03 '01 14:17 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 08 12/03 14:17 208 898 5501 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'20" 001 020 OK -------------------------------------------------------------------------------------------- TULL Y SKATEBOARD PARK BID OPENING J2/3/0 I CONTRACTOR NAME 1. ~J Ox-r- 1. W"'~ Yi+ ~ ' 3. C~t:> I BID PRlCE ~ 11&1 i7e,!3... ~ I~, 150~ ~ t t 4 (9 I (000::-=- 4. s~ 6. 7. 8. 94 10.