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Home My WebLink About2000 04-18 Meridian City Council Agenda April 18, 2000 @ 7:30 P.M. City Council Chambers Roll-Call: x Tammy deWeerd X Cherie McCandless Ron Anderson X Keith Bird X Mayor Robert Corrie CONSENT AGENDA A. Approve minutes of April 4, 2000, Special City Pre-Council meeting: Omit B. Approve minutes of April 4, 2000, City Council meeting: Approve c. Tabled from April 4, 2000: Findings of Fact and Conclusions of Law: AZ 99-023 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: Approve D. Findings of Fact and Conclusions of Law: VAR 00-004 Variance in requirements of hook-up to City services by Sarah and Michael Bledsoe: Approve E. Findings of Fact and Conclusions of Law: AZ 99-021 Request for annexation and zoning of 157.88 acres to L-O for a continuing care retirement community, single- and multi-tenant residential, office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Approve F. Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to May 2, 2000 G. Findings of Fact and Conclusions of Law: AZ 99-010 Request for annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard Road and south of Overland: Approve Meridian City Council Agenda -April 18, 2000 Page 1 Materials presented at public meetings shall become property of the City of Meridian. H. Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Tabled to May 2, 2000 I. Order granting appeal: AP 00-001 Request for appeal of Planning and Zoning Administrator's decision of denial of a sign application by Meridian High School to replace existing display with a new display cabinet with a message center - 1900 West Pine Avenue: Approve J. Development Agreement: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: Approve K. Beer and Wine License: Chinatown Qwik-Wok by Alberto Wong - 3055 East Fairview Avenue, Suite 200, Meridian: Approve L. Beer and Wine License: EI Tenampa by Recio Maria Pedraza - 729 East 1 st Street: Approve REGULAR AGENDA 1. Ordinance No. 871: Adult entertainment ordinance relating to zoning schedule: Approve 2. Ordinance No. 872: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: Approve 3. Tabled from April 4, 2000: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between Overland and East Victory: City Attorney to prepare Findings of Fact and Conclusions of Law for approval 4. Continued Public Hearing from April 4, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: City Attorney to prepare Findings of Fact and Conclusions of Law for approval Meridian City Council Agenda - April 18, 2000 Page 2 Materials presented at public meetings shall become property of the City of Meridian. ( 5. Public Hearing: CUP 00-010 Request for Conditional Use Permit for an 1800 s.f. home/office to be used as office space/relocation in a C-N zone by C.W. Construction, Inc. - West Barrett Drive south of Franklin Road: City Attorney to prepare Findings of Fact and Conclusions of Law for approval 6. Public Hearing: VAR 00-005 Request for variance from conditions of platting and City Ordinance 12-5-2.N regarding pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial Enterprises, LLC - south of Franklin Road between Meridian and Linder Roads: City Attorney to prepare Findings of Fact and Conclusions of Law for approval 7. FP 00-006 Request for final plat approval for 27.61 acres with 81 building lots in a R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC - NW % Section 3, T3N, R1W: City Attorney to prepare Findings of Fact and Conclusions of Law for approval 8. FP 00-005 Request for final plat approval for 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 E. Overland Road: City Attorney to prepare Findings of Fact and Conclusions of Law for approval 9. Tabled April 4, 2000: Ada County Development Services 00-10 PDR I 00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan Road: Tabled to May 2, 2000 10. Department Reports: A. City Treasurer - Janice Smith: 1. Treasurer's Report: Presented B. Fire Department - Chief Ken Bowers: 1. Approval of Fire Truck Contract: Approve 2. Contract for Fire Station II with ZGA Architects: Approve 3. Change Order No.5 Franklin Road Fire Station: Approve Meridian City Council Agenda - April 18, 2000 Page 3 Materials presented at public meetings shall become property of the City of Meridian. ( c. Police Department - Chief Gordon: 1 a. JAIBG: Approve 1. Professional Services I Architect for new Police Department building: Review 2. Paint the Town liability insurance waiver: Review Workers Camp 3. Wages: Review Information D. Mayor - Robert Corrie: 1. Appointments to Commissions: a. Historical Commission: Approve b. Parks and Recreation Commission: Rejected c. Downtown Development Committee: Approve D. Sanitary Service Company - Steve Sedlacek 1. Household Hazardous Waste Collection: Discussed E. City Engineer - Gary Smith 1. Summers Funeral Home waterline extension: Discussed Meridian City Council Agenda -April 18, 2000 Page 4 Materials presented at public meetings shall become property of the City of Meridian. ( ( Meridian City Council Agenda April 18, 2000 @ 7:30 P.M. Roll-Call: City Council Chambers Y Tammy deWeerd X Cherie McCandless ~Ron Anderxn =X=Keith Bird Mayor Robert Corrie CONSENT AGENDA A. Approve minutes of April 4, 2000, Special City Pre-Council meeting: ~it- B. Approve minutes of April 4, 2000, City Council meeting: a~//O(/~ c. Tabled from April 4, 2000: Findings of Fact and Conclusions of Law: AZ 99-023 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: t~flpro v J2,. Findings of Fact and Conclusions of Law: V AR 00-004 Variance in requirements of hook-up to City services by Sarah and Michael Bledsoe: a;vp-() vJ2-. Findings of Fact and Conclusions of Law: AZ 99-021 Request for annexation and zoning of 157.88 acres to L-O for a continuing care retirement community, single- and multi-tenant residential, office and retail use by Touchmark Living Centers - Joseph AM Billig - east of St. Luke's between Franklin Road and Interstate 84: ~ve Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: ~~ ~hZ ft~ 2/1/# ~ Findings of Fact and Conclusions of Law: AZ 99-010 Request for annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard Road and south of Overland : .{~6& ~ h<4:-? Z.(/;Q.I<tv~ ~v.e- / D. E. F. G. Meridian City Council Agenda - April 18, 2000 Page 1 Materials presented at public meetings shall become property of the City of Meridian. ( ~, ( H. Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: fttJ& ~L ~ 2 ti!.Z ~ I. Order granting appeal: AP 00-001 Request for appeal of Planning and Zoning Administrator's decision of denial of a sign application by Meridian High School to replace existing display with a new display cabinet with a message center - 1900 West Pine Avenue: a.p~V'.L-- J. Development Agreement: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: ~vJZ.- K. Beer and Wine License: Chinatown Qwik-Wok by Alberto Wong - 3055 East Fairview Avenue, Suite 200, Meridian A?p/l'/Ir.e-- L. Beer and Wine License: EI Tenampa by Rocio Maria Pedraza - 729 East 1 st Street: ~~ REGULAR AGENDA 1. Ordinance No. 87 I schedule: Adult entertainment ordinance relating to zoning ~v~ 2. Ordinance No. ~ 7 z,: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: ~~ v~ Tabled from April 4, 2000: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Wood haven Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between Overlan~ and East Victory: C/~ ~~'11o ~fJ~~+If-.I(cl..e Continued Public H~ring from April 4, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: 11- c&?'---IYn-~ / I A.- -/P ~V- / ,6"...., ~ Public Hearing: CUP 00-010 Request for Conditional Use Permit for an 1800 s.f. home/office to be used as office space/relocation in a C-N zone by C.W. Construction, Inc. - West Barrett Drive south of Franklin Road: Clhj a-fftrv.vcJ Jo ~pWK ~/f-I c/~ 3. 4. 5. Meridian City Council Agenda - April 18, 2000 Page 2 Materials presented at public meetings shall become property of the City of Meridian. ( 6. Public Hearing: VAR 00-005 Request for variance from conditions of platting and City Ordinance 12-5-2.N regarding pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial Enterprises, LLC - south of Franklin Road between Meridian and Linder Roads: ~ ~ elk 1JV~7 ~ ~I'~ //+ if" c/~_ FP OO~06 Requesl for final plat approval for 27.61 acres with 81 building lots in a R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC - NW % Section 3, T3N, R1W: tfl?f7h7v~ ~ ~ ~ /Ir i e?e- FP 00-005 Request for final plat approval for 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, L.LC - 1230 E. Overland Road: // r.i / ~trL a~ -/-C ~p4--e -:flr)-?I:-e.- Tabled April 4, 2000: Ada County Development Services 00-10 PDR I 00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan Road: ~ ~ h-.;~ J,~ /7vtti- Department Reports: . # 7. 8. 9. 10. A. City Treasurer - Janice Smith: 1. Treasurer's Report - r-5e-de d...- B. Fire Department - Chief Ken Bowers: 1. Approval of Fire Truck Co~tract: alprt9v~ 2. Contract for Fire Station II with ZGA Architects: ttj'pv.i?-- 3. Change Order No.5 Franklin Road Fire Station: ?tj7prvtrL/ c. Police Department - Chief Gordon: I II 3111Bb - ~?-pv~ 1. Pr.ofessional Services I Architect for new Police Department building: r.ev/'evJ 2. Paint the Town liability insurance waiver: J-ev/evJ tv~k~!'0"-P- 3. Wages: ~ rev/'e..0 /h-J:.en~~ Meridian City Council Agenda -April 18, 2000 Page 3 Materials presented at public meetings shall become property of the City of Meridian. D. Mayor - Robert Corrie: 1. Appointments to Commissions: a. Historical Commission: ttff~vL-- b. Parks and Recreation Commission: r~?..e-rf-J c. Downtown Development Committee: ~ vd Meridian City Council Agenda - April 18, 2000 Page 4 Materials presented at public meetings shall become property of the City of Meridian. ( t \. Meridian City Pre-Council Meetina Aoril18. 2000 The Special Pre-Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie on Tuesday, April 18, 2000 at 6:35 p.m. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Tammy deWeerd. Members absent: Ron Anderson Others present: Bill Nichols, Bill Gordon, Gary Smith, Shari Stiles, Ken Bowers, Will Berg. Corrie: 1'(( open the Pre-Council meeting on April 18, 2000, at 6:35 p.m. to discuss the agenda items and department reports, and then, at 7:30, we'll go into the regular agenda session. Welcome, everybody, Senator. AI, I'm glad to see you here today. It's not quite the Chambers at the Statehouse, but thank you. Okay. Council, do you have any questions on the Consent Agenda, any items that you want to discuss or that you want to break off? Item L. Beer and Wine License: EI Tenampa by Rocio Maria Pedraza - 729 East 1 st Street: Bird: Mr. Mayor, on the beer and wine license, is everything okay, Chief? Gordon: Yes, sir. It is. We were going to approve that tonight pending the County. They are pending the issuance of their license. We do have the state license, and the background with us has passed. So as soon as they get their county license issued, then we can issue it. Bird: Do we need to yank that off the Consent or is it okay to leave it on the Consent? If there's no question on it? Gordon: I think we just - exception that when the county license is provided that it's approved. Bird: Is that part of the policy? Corrie: Policy that (inaudible) City Clerk. Gordon: Other than that, yes, sir. It is fine. Item G. Findings of Fact and Conclusions of Law: AZ 99-010 Request for annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard Road and south of Overland : Item H. Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Bird: Mr. Bird, I still find the Bear Creek Subdivision. Is everything fine on that, Mr. Nichols? Nichols: Councilman Bird, Mayor, members of the Council, yes, I believe so. Bird: I don't see anything we need to pull, do you? Item F. Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi- family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: deWeerd: Mr. Mayor, Touchmark. Do we need a signed Development Agreement before we do a CUP? Okay. So we'll probably have to take Item F off so we can continue that or table it until our next meeting. Corrie: Hearing that, do we have a Development Agreement? Berg: No. Corrie: Okay. So we need the Development Agreement first. Okay. So we can pull that off and table it until then. Nichols: Mayor, members of the Council, in the past, haven't we gone ahead with the annexation and zoning and approved those Findings of Facts and Conclusions of Law, but not the CUP? So only that would be pulled? Item H. Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: deWeerd: And wouldn't we also need to pull H for Bear Creek on the preliminary plat? Corrie: Has Bear Creek signed one? Bird: Have the got a Development Agreement? Corrie: preliminary plat you can. It's just the - Berg: We haven't approved the Findings on the annexation yet to Bear Creek. Those Findings are a part of the Development Agreement. Bird: Then we can't do the preliminary plat. Nichols: It looks to me like it'd be appropriate to pull that one as well. Corrie: The annexation and zoning? Nichols: No, Mayor. It would be the preliminary plat, Item H. Councilman Bird, members of the Council, Will, we've got the Development Agreement, so that's all done, if I recall, for Bear Creek. Berg: Mr. Mayor, members of the Council, we have the Development Agreement, but part of that agreement is the approved Findings attached to it, and we do not have anything signed coming back to us, but I believe you had that done previously. Nichols: I believe everything is ready to go. All we need is the signature. So we can go ahead and do the annexation Findings and just simply pull the preliminary plat, and then we'll - Corrie: Pull the preliminary plat next time? Nichols: I would assume that they'll have it signed by the 2nd. They're ready to go. Bird: Same on it. Pull it. Nichols: Yes. Item 4. Continued Public Hearing from April 4, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: deWeerd: Mr. Mayor, just one more question on the regular agenda. It looks like we'll be continuing No.4 to May 16th; is that correct? Corrie: No.4, the mini-storage? Same thing here, Mr. Clerk? deWeerd: I had a letter in our packet that requested. Corrie: I didn't get it. Sorry. ( Berg: We got it late today. (inaudible) Corrie: Oh, that one from Becky? deWeerd: No, this one is from Fairview Mini Storage. Table it to the 2nd scheduled - no - to the 16th. Corrie: Table it to the 16th. So we'll continue the public hearing to the 16th. Thank you. Bird: They don't have time to get it in. deWeerd: Right. That's it for me. McCandless: Mr. Mayor, we don't have the special Pre-Council meeting minutes of April 4, 2000, either. Item 3. Tabled from April 4, 2000: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Wood haven Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between Overland and East Victory: Corrie: Okay. So we'll pull that one. I think we had a letter from the attorney on Woodhaven annexation and zoning, the one that they want to replace a page. Page 3. Page NO.5 the owner's changed to reflect D.W., Inc., and therefore, please replace this page with the old one. Is that just - okay. Anything else? Okay. Do you want to go through the department reports? Bird: I'd love to. Let's get them out of the way. 10. Department Reports: A. City Treasurer - Janice Smith: 1. Treasurer's Report: Berg: Mr. Mayor, Reta put in your boxes the expenditure and revenue report, and she felt that if you had any questions that you could probably just contact her since Janice hasn't been here. And they - any other information that you request for the next Council meeting. B. Fire Department - Chief Ken Bowers: 1. Approval of Fire Truck Contract: 2. Contract for Fire Station II with ZGA Architects: 3. Change Order No.5 Franklin Road Fire Station: Corrie: Department report, Kenny Bowers. Bowers: Mayor Corrie and City Council members. We finally got the wording on the contract correct, we believe, this time from the Hughes Fire Equipment. Ron h(3s gone through it and okayed it. We would like to have the Mayor and Clerk slQn the contract so we can get it sent in to get the new fire truck ordered. Also, do you want to go on with No. 2 or do you want to stay with that a little bit? How do you guys want to do this here? Bird: I've got a question on the fire truck. We've already approved it. That doesn't even have to be approved. That one is just waiting for Ron to look it over and get some - I think it's okay for - we approved the fire truck contract. I think it's just a matter of the Mayor signing and the Clerk attesting. Bowers: Mayor Corrie and Council members, President Bird, I was just under the impression that all contracts that are coming before the City Council before the Mayor signs it. Bird: We had agreed upon that contract when we accepted the bid. Bowers: I believe not. I believe we just approved buying of the fire truck at that time, and then we still had to do the final work on the contract. Bird: Bring it forward. Corrie: Okay. We can approve the contract. Bird: We can't on the Pre-Council, can we? We just held off and then he didn't have to get back up. Bowers: Item No.2 is our contract through ZGA for Fire Station NO.2 at Ten Mile and Cherry Lane. This has been going on quite a while. Bill Gigray went through it, made some changes. We sent it back to ZGA and they sent it back to us. Then Bill Nichols went through it. Had some comments. It's quite a lengthy contract, so I didn't make a copy for everybody. The comments that Bill Nichols had made was passed on to President Keith Bird. He looked the contract over Friday night. He does not have any problems with what Bill Nichols had suggested. Excuse me. Keith Bird does not have any problems of what the contract states at this time. Bill can explain a little bit about it. Nichols: Mayor, members of the Council, I had some technical changes that I requested or there were some issues. Most of this is fairly standard, but, of (~ course, since it's an AlA contract, it favors the architect, and we have to look it over accordingly. But as it is, I don't think that the issues that they have not agreed with is on - are that large to prevent or preclude going forward with the contract. Corrie: Does the architects - do they feel the same way? Nichols: They're ready to go with - I mean, they accepted some of the requirements of changes that I made and didn't accept some of the others. Corrie: Any question of Council? deWeerd: Mr. Mayor, I just have one of the City Attorney. Of the ones they didn't agree with, are those significant issues? Nichols: They're not huge issues. One of the items that they didn't agree with was - had to do with when the statute of limitations accrues with regard to any cause of action that there might be against the architect for negligence, but it's not on a project of this size for the Ten Mile Station, I don't think it makes that big of difference. Might have bigger concern on a project the size of the police station, the proposed police station or some other larger facility. The other thing was a sort of philosophical thing for me, and that is that architects regularly surcharge outsourced item by 10 to 15 percent, and they put it in the contract that way. So if they send something out, copies or whatever, they get to add 10 percent to it on their reimbursable expenses, or mileage. They get, according to contract, to add 1 0 percent where most professionals don't surcharge those items to the client, and - but it's the industry standard. So that was their reply was that it was the industry standard. That's what we do. So with the police architects, perhaps we need to negotiate that up front and see where they're at on that. deWeerd: Mr. Mayor, one more question. Kenny, is this pretty much - they were the architects on the main station? Is this quite similar to that contract? Bowers: Mayor Corrie, Council members and Tammy, yes. With the exceptions that Bill stated tonight, it's the same contract as what we used there. We did use ZGA one time last year, as Bill was talking about, the 10 percent. We had to have the ground tested afterwards, and instead of taking a month to get a contractor and bid it out and everything, we used ZGA. They went and had it done and they charged us six percent. I think our contract said 10, but they charged us six percent. Only one time we used that. deWeerd: So you feel comfortable with that? Bowers: Yes, I sure do, Tammy. (0 deWeerd: Thank you, Kenny. Bowers: Then the third item is Change Order for the fire station on Franklin Road. You - the City Council had already approved Change Order, excuse me, Items 1 and 2 on January 4, 2000. Three and four items we need to have changed. We had a door that swung into the - out of our training room into a bathroom, and we figured we'd have some collisions of people coming out of the bathroom and people coming out of the training room, so we changed that order. Also, the City - in the City you have to have an RP valve for your irrigation, and the contractor had put in a double-check valve. So we need to change that out and put an RP valve in it. Bird: What's the amount of the change order, Kenny? Corrie: $1360. Bowers: The amount of the change order will be $1,360. Bird: I'm not (inaudible) Corrie: Whose idea was it the first time the door was put in? Was it the architect? Bowers: The architect, yes. Yes. And we didn't catch it. We walked through it I think three months there. All of us walked through it, and all of a sudden they hung the door up and we realized that we were going to be having a problem. So, yes, we did. deWeerd: Well, you have very few problems with that, didn't you? Bowers: Yes. I think we had $20-some thousand dollars worth of change orders, and half of that was on that Idaho Power deal. So we did a very good job, I think, with change orders. Thank you very much. Any other questions? c. Police Department - Chief Gordon: 1 a. JAISG: Corrie: Chief Gordon. Gordon: Mr. Mayor and Council, I've got an issue that came up that needs some attention right quick, and that's a grant. The Department of Justice gives Idaho Juvenile Corrections a block grant and allows them to distribute the money throughout the State of Idaho for programs or projects that meet the criteria. The City of Meridian is authorized $12,000, and we've drawn up the project. Craig Fawley has done all the paperwork for it, and then right at the last minute we found out it has to go through legal, and then there's been some holdups. This ( ( needs to be in by tomorrow. So I would like Craig Fawley to come up here and give you a short presentation on what we're going to use as far as the $1,000. As what he's going to use it for, and then we need Council's approval for the Mayor to sign. With that, Craig? Fawley: Thank you, Chief. This is grants titled Juvenile Accountability Incentive Block Grant. The funding does come through the Idaho Department of Juvenile Corrections, and it's disbursed through the Association of Idaho Cities. A couple of the main criteria grant is - stipulation of the grant, first of all the money is used for accountability rather than information programs. This money is used for juveniles that are already in the criminal justice system to hold them accountable to their probation conditions and their state and local laws. So that makes it a little unique from all the other grants that you're going to see. The other thing that's unique about this is to get approval for this grant, and this is what we've already done, is we had to form a coalition called the Juvenile Crime Enforcement Coalition. This is a coalition of community and business leaders to determine how this money is allocated. So the allocations that I'm about to share with you have already been approved and endorsed by this Committee. The coalition is made up of myself as the project director, Shawna Dunn as Ada County Prosecutor working with the Juvenile Court; Marcy Chadwell which is Ada County Juvenile Court is a probation quadrant supervisor; Julianne Michaelson works with Ada County Juvenile Court as a victims services specialist; and Marilyn Reynolds is Principal at Meridian Academy. She represents Meridian School District; Mr. Scott Leadbetter is the facilities manager at Jabil Circuits, and he's on the committee; and Ryan Davis is a community member from the Capital Christian Center. He's on staff there. So those are the people that currently make up the list. We've had a couple other people that have approached us that want to participate in this. We'll probably add them on later. One of the neat things about the Juvenile Crime Enforcement Coalition is that it doesn't just look at how to spend the money, but we're looking at ways to break down the walls and share information back and forth between agencies to hold juveniles accountable. The allocations that the coalition has agreed upon are as follows: The funding comes, the grant amount is $10,901. There's $1211.54 that are matching funds that have already - that will come from the year 2000 Detective Division Budget. So there is a small amount, for $1200 we'll be getting nearly $11,000 added to that. Ten percent of those funds can be used for administration. Administration involves training of the project coordinator which is myself, and we're only using $812 which is 6.7 percent, and that training will include serious and violent juvenile offenders is what's happening on a national trend; the actual administration of the grant, the paperwork, how to do that; and then also, there is training on how to share information between agencies. The largest portion of the money is going to some technology expenses. This (inaudible) - I'm just going to give you a short list, but basically digital cameras and computers to high-end computers for storing digital photographs of juvenile offenders. When we arrest a juvenile, we take a mug shot of them. That mug shot then helps identify them while we're looking for so-and-so, and if you don't r....- know the guy, you don't really know what he looks like, then we can also do photo lineups for a juvenile suspect. Right now we don't have access to that. We have no way to capture, stofe and retrieve photographs of juvenile offenders in the Meridian Police Department. So this will purchase two high-end computers that will do that, three digital cameras, printers and scanners so that we can really be up-to-date with what's out there with the technology to do this. One set of equipment goes at the Police Department, the other set of equipment will be placed at the Meridian Outreach of the Juvenile Probation Services which is right now on Franklin. They're moving next door just one office back east. We're working on different connections so we can share this information back and forth, and they've found that this is just a real key in holding juveniles accountable is the Police Department and also the Probation Department's doing and vice-versa. So that total is $8,041 and that's 66.4 percent of the grant. The remainder of the funds of $3,259.54 - that 54 cents had to go somewhere - is put into kind of a unique program that we're looking for a lot of success with. This is 26.9 percent of the allocation. This is going to be to pay above and beyond the normal hours that police officers and probation officers work to team together to go out and (inaudible) society and our community to have what we call Fourth Amendment Waivers. They do not have the freedom from unreasonable search and seizure because of the crimes they've committed. But because of our work schedules, the school resource officers' commitments to the school hours and the juvenile probation department heads, the same problem. It's hard for us to get out in the evenings and weekends, so they kind of know that outside of office hours law enforcement supervision is not really tight. It's really hard for us to get out there. So these funds would go to team together at each time a probation officer and police officer would go together, so that way we're increasing this information sharing between the agencies, and it's a real effective tool Juvenile probation was excited about it. The Police Departments were excited about it to have occasion to do it on an informal basis, but, again, because of our pretty structured time during the school year, it's difficult to do. These funds are to be spent during the 2000/2001 school year for us to be out teaming up, and they'll provide us probably two nights a month to go out and do this. That is, in a nutshell, what the grant is going to do for us. Can I answer any questions? Bird: How much more bookkeeping is this going to take? Fawley: Well, the bookkeeping, I have the - it looks like I have the delight of not only being the project director, but also the financial director. The bookkeeping is one thing that is going to come to me. One of the good things about this coming through the Association of Idaho Cities is that it's - they make this as easy as they can to administer, and so it's - yeah, there is bookkeeping, there is quarterly reports, but I think that for the amount of funds and for the use that we're going to get, it's going to go to things that are hard for us to budget the money for anyway. I think the majority of the work is done: the forming of the coalition and coming to an agreement on the allocation. That was probably the biggest part of the work. Corrie: Any other questions? Bird: I have none. deWeerd: Sounds good. Bird: Sounds okay to me. Gordon: That's kind of an example of what school resource officers are doing and plan on doing. So I guess we need Council to approve the Mayor to sign the grant. Corrie: We will do that at the regular agenda meeting. Bird: Can't do it now. deWeerd: And, Bill, that was called the Juvenile Accountability Block Grant? Fawley: Juvenile Accountability Incentive Block Grant. Gordon: JAIBG. deWeerd: Thank you. 1. Professional Services I Architect for new Police Department building: Gordon: The next issue I have is on the contract for our architects. It is professional services, and the Council approved me to go ahead and hire these folks until I get a proposal, and it was $258,000, and I don't think you want me to approve that. So they're proposal is not a contract, and I understand Councilman Bird was going to talk to one of the architects, Steve Simmons. I've been unable to corner him. I was curious as to how you want to proceed on this because we are moving against that October 1 date. I'm kind of at a loss, here. Bird: I have not had a chance to get hold of Steve, in fact, he's out of town until Friday, to talk to him on that stuff. I think if we do it with the eM like I'd like to see it done, we'd be okay if we go this on board on the 2nd. Let's get Steve to get a - I think we can do some twisting. This percent, I think, is a little high. Gordon: Okay. So you're going to meet with him? Bird: I'm going to get hold of him Friday, and if I meet with him, I'll definitely call you. " Gordon: I would request that my liaison and I both be present. Maybe we can learn something, Councilman Bird. I've (inaudible) $258,000. Bird: I think we need to talk to - that don't scare me. Gordon: It doesn't really scare me. I just shake a little. It's a lot of money. Bird: It is a lot of money, but they're going to do a lot of work, too. Gordon: So do you want me to bring this back up - Bird: The 2nd. Let's see if we can get a firm written proposal there. A contract. Gordon: I think this is their first opening. There was no dickering. Corrie: You say you're going to a meeting Friday? Bird: No. He's not back in town until Friday. I'll get hold of Steve at that point. I'll call him. Gordon: And those other issues on there, he explained those to me before he left, was the phone and data system was $10,000 - those are additional to the $250,000. The FF and E was a firm that inventoried your furniture and puts little models in your plans to determine how much you have and how much you need. I don't think we need that one. So I would say just the top part would be what we would bargain with. Bird: Let's see what he wants to do. 2. Paint the Town liability insurance waiver: Gordon: The other issue came up on Paint the Town, and I've been involved with that for several years. This year they have a waiver form that they want the groups to sign which relieves the Paint the Town Organization from all liability and puts it back on the employers. Again, I don't know if the City wanted to be liable. I faxed a copy over to the City Clerk, Will Berg, and he was checking into that with our insurance company, ICRMP. Bird: What's ICRMP say? Berg: Mayor, members of the Council, ICRMP hasn't gotten back to me. What this involves is an employee team or the team sponsored by the City, for example, the Police Department, and the liability that we have with them as employees working on that particular house. I haven't got any word back other than they did receive what I faxed to them which is what you have faxed to me. ( The other concerns, sometimes there are family members involved with the team, not just employees. Bird: How does the private sector do it? Every private company we've - Aluma- Glass and everybody else does, and they're covered by the insurance. I don't' know why ICRMP can't cover. Berg: I don't know. I'm not an insurance expert, but I'll try to find the answer. Corrie: The Police Department is doing it? Do you have a team? Gordon: Well, it was brought back by one of the police officers on our team, but everybody who's going to be on the team, regardless of who their employer is, they sign this waiver that Paint the Town is not responsible for personal injuries; that the employer of the individual that's injured would be providing the insurance. Bird: It's Workman's Camp? Gordon: Yes. And I have a question there that if we're covered under Workman's Comp, are they working? Okay. Bird: It's a volunteer, isn't it? Corrie: Do they classify it as Workman's Comp? Nichols: Mr. Mayor, members of the Council, Chief Gordon, you can obtain Worker's Compensation coverage for volunteers, arid they do a - I mean, it's been done in other places that way, and the actual amount of premium that's attributable to those volunteers is pretty small where as like a three-day project that usually Paint the Town is like three or four days by the time we do the prep work and do the actual painting on the Saturday. So ICRMP should be able to tell the City what the additional premium, if any, would be for that. Typically it's not much. But you can get Worker's Camp for volunteers. Corrie: So that would be - ICRMP wouldn't be giving it anyway. It would be the State Insurance Fund. So they would - do they have to know before or after the fact? Before the fact. All right. Okay. Would you check that one out, then, Will? Okay. 3. Wages: Review Information Gordon: Last issue, wages. Issue was brought up with the Police Department is under a pay program is under compliance with the City's personnel manual which was adopted 1995. Some of the comments that were made by the Treasurer's Office that they were trying to get the Police Department into compliance, but ,..~-~ ( whenever they did, I would intimidate them, I took exception to that. So I went back to find out whey we were still under that pay plan. 1995, the Police Department pay program was approved by the then-Mayor Grant Kingsford. We were authorized at that time to continue on the way we were. The packet that I gave you checked 18 different law enforcement agencies throughout two or three states. If one thing is quite evident there, nobody is doing exactly by the letter of Fair Labors and Standards under the 207K. Everybody has variations. I guess I'm back to I'd like to know where we're going to go and what you expect me to do from here. Corrie: I don't think you'll get an answer tonight. I told you that. Gordon: Well, I wanted to make it very clear why we were under that pay plan and who authorized that. Here again, the previous Mayor and Council when we were a smaller town was done word of mouth. It was not put in writing. That's why there is nothing in writing with anybody, but it was authorized by the Mayor. Not by my intimidation. Corrie: I think we have one Councilperson that needs to be brought up to speed on this. As soon as we do, we can get your answers to you. Nichols: Mr. Mayor, members of the Council, Chief Gordon, somehow or another, that - I think those packets ended up with me in some stuff that I picked up at the Mayor's office. The Council didn't get them. That's my fault. I got them, and I'll make sure that they get them. That was the information that you sent. So I have it sitting in my office. I'll get it to them tomorrow. Gordon: And if there are any questions, ask for the information. Grant Kingsford would be more than willing to entertain any phone calls from anybody. Bird: He will get them. Gordon: I hope so. I really do~ Thank you. That's alii had. D. Sanitary Service Company - Steve Sedlacek 1. Household Hazardous Waste Corrie: I think we have one more. You wanted to say something on the sanitation service on the program that you're doing? Thank you, Mr. Mayor and members of the Council. I came into City Hall yesterday and met with the Mayor for about half an hour for the simple reason is I wanted to inform you all tonight that we're moving forward with the household hazardous waste event. We're planning to have three events this summer. One in May, one in July and one is September. It's the fourth Tuesday of those months. There's going to start being some press releases on this. One thing I really don't want to have happen is I don't want the Mayor and the Council to read about what's going on in Meridian in the paper. I'd rather have you hear it from me. I guess I'm a little paranoid about that. And one of the things that youlll see, if it's okay with you, if not, I need to know, that this program is being done more frequently because we're tagging along with the City of Boise's program. We commissioned that in the past. This is also kind of an intra if recycling does get implemented, that recycling program will pay for this more frequent collection. Now, these next three collection events will be paid for by us. But we're kind of moving into a more frequent collection event if recycling goes through. So I wanted to find out if it's okay, for example, here's a potential news release or an ad coming out, and I can give this to you guys. I'm sorry I didn't make more copies, but basically it just shows the City of Boise's logo and the City of Meridian's logo. That's fine with me. I don't know if it's okay with you guys. We could put out something more Meridian-specific if you like and issue it jointly with Boise Public Works. It's up - I don't know if there's any interpolitical issues there. deWeerd: I have no issues. Bird: I just appreciate your effort Corrie: The only thing - I think I told you, Steve, I just want to make sure that you guys handle that. (inaudible). deWeerd: That's a nice logo we have. Sedlacek: Yes. That's very nice. deWeerd: I like that. Bird: What is it a water tower? Sedlacek: It's a circle. An empty circle. On the bottom you see they're asking for that on the graphic format. I don't have that. I'll get it and get it to them. Again, unless you mind having this sort of- Bird: I agree with Bob. Make sure you get our names on it. Sedlacek: We're also prepared to send out a flyer in next month's bills describing what's going on, where it is. Our name will be on it, your name will be on it. We don't care if our name's on it, but we want to make sure that the City of Meridian gets credit for it, for things going on in the City of Meridian. _r~ ,- ( ( Bird: Appreciate it. Sedlacek: That's alii wanted to say. Corrie: Questions? Bird: I have none. Corrie: Thanks, Steve. Sedlacek: Thanks. Corrie: Anything else? Gary? E. City Engineer - Gary Smith 1. Summers Funeral Home waterline extension: Smith: Mayor and Council, I apologize for not having an agenda item on the agenda for tonight, but I do have some additional information on this Summers Funeral Home waterline extension that we talked about. I'll just hand that out and I don't know if you want to or would be able to at this late date take any action on it tonight. I know they're really anxious to get something started. But hopefully you'll have time to just kind of look this stuff over, and if you want to discuss it toward the end of the meeting, I'll be more than happy to answer any questions. deWeerd: Thanks, Gary. Bird: Thank you. Corrie: Shari, do you have anything at all? Okay. Anything else, Council? Bird: I have nothing. Corrie: Then I will close the Pre-Council meeting, and we'll adjourn until 7:30 when we'll open the regular Council meeting. MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: I... Meridian City Council Meetina April 18. 2000 The regularly scheduled meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert D. Corrie. Members present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless. Members absent: Ron Anderson Others present: Bill Nichols, Bill Gordon, Gary Smith, Shari Stiles, Ken Bowers, Will Berg. Corrie: Okay. I'll open the Council meeting for the City of Meridian, Tuesday, April 18, 2000, and we'll start with roll-call, please. Item A. Item B. Item C. Item D. Item E. Item F. Item G. Approve minutes of April 4, 2000, Special City Pre-Council meeting: Approve minutes of April 4, 2000, City Council meeting: Tabled from April 4, 2000: Findings of Fact and Conclusions of Law: AZ 99-023 Request for annexation and zoning of 8.25 acres to R-8 for proposed Wood haven Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road between Overland and East Victory: Findings of Fact and Conclusions of Law: V AR 00-004 Variance in requirements of hook-up to City services by Sarah and Michael Bledsoe: Findings of Fact and Conclusions of Law: AZ 99-021 Request for annexation and zoning of 157.88 acres to L-Q for a continuing care retirement community, single- and multi-tenant residential, office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi- family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Findings of Fact and Conclusions of Law: AZ 99-010 Request for annexation and zoning of 150.79 acres to R-4 by Bear Creek, LLC - east of Stoddard Road and south of Overland : Meridian City Council Meeting April 18, 2000 Page 2 Item H. Item I. Item J. Item K. Item L. Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC - east of Stoddard Road and south of Overland: Order granting appeal: AP 00-001 Request for appeal of Planning and Zoning Administrator's decision of denial of a sign application by Meridian High School to replace existing display with a new display cabinet with a message center - 1900 West Pine Avenue: Development Agreement: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: Beer and Wine License: Chinatown Qwik-Wok by Alberto Wong - 3055 East Fairview Avenue, Suite 200, Meridian: Beer and Wine License: EI Tenampa by Rocio Maria Pedraza - 729 East 1 st Street: Corrie: Thank you. On the Consent Agenda, I think, Council, we need to pull Item A. We don't have the minutes of that meeting. Were there any other items that the Council wishes to look at? Bird: Mr. Mayor, Item F, we need to table that to May 2nd until we get the agreement, and also Item H, we need to table that to May 2nd. Corrie: Okay. Any other additions on the Consent Agenda? Bird: I have none. With that, Mayor, I move that we approve the Consent Agenda as stated with the Items A, F, and H being pulled or tabled. deWeerd: Second. Corrie: Motion made and seconded to approve the Consent Agenda except for Item A and F and H. Any further discussion? Hearing none, roll-call vote, please, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT / Meridian City Council Meeting April 181 2000 Page 3 Corrie: Now I'll entertain a motion to have Item F and Item H tabled until the May 2nd. Bird: Mr. Mayor, do you want it individually or together? Corrie: You can do it together. Bird: I move that we table the Findings of Fact and Conclusions of Law for the CUP 99-039 for Touchmark Living Centers and also the Findings of Fact and Conclusions of Law PP 99-010 for Bear Creek, the preliminary plat for Bear Creek Subdivision to May 2, 2000. deWeerd: Second. Corrie: Motion is made and seconded to table Items F and H on the Consent Agenda of the April 18th meeting to be placed on the agenda on May 2, 2000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Ordinance No. 871 : Adult entertainment ordinance relating to zoning schedule: Corrie: I want to welcome everybody here this evening. Thank you for being here. Now we'll have the regular agenda. Item No. 1 will be the Ordinance for the Adult Entertainment Ordinance relating to zoning scheduling. So with that, Mr. Clerk, what number would that be? Berg: 871. Corrie: So if the clerk would read Ordinance No. 871 by title only at this point, please. Berg: Thank you, Mr. Mayor. Ordinance No. 871: An Ordinance relating to adult entertainment amending Section 1 of Chapter 10 of Title 3 Municipal Code of the City of Meridian, Idaho, by the addition thereof of a new definition in Section 1, Definitions, Adult Entertainment; and by the addition thereof of a new Section 1A and 1 B providing for Findings and the statement of purpose; and providing for location restrictions; and amending Section 7 of Chapter 10 of Title 3 by the deletion therein of the reference to the City Attorney; and providing an effective date. Corrie: All right. You've heard the reading of Ordinance 871 read by title only. Is there anyone from the audience that would like Ordinance No. 871 read in its entirety? Okay. Hearing none, Council, I'll entertain a motion on Ordinance No. 871. ( Meridian City Council Meeting April 18, 2000 Page 4 deWeerd: Mr. Mayor, I move that we approve Ordinance No. 871 and have the City Attorney prepare the Decision of Order for the Adult Entertainment Ordinance with suspension of rules. McCandless: Second. Corrie: Motion is made and seconded to approve Ordinance No. 871 with suspension of rules. Is there any other discussion? Bird: I have none. Corrie: Hearing none, Mr. Clerk, will you give roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 2. Ordinance No. 872: AZ 00-002 Request for annexation and zoning of 5.029 acres to L-O and R-8 by Centers Construction, Inc. - west side of Locust Grove % mile north of Fairview Avenue: Corrie: Item No. 2 on the agenda is Ordinance No. 872; AZ 00-002, request for annexation and zoning of 5.029 acres to L-Q and R-8 by Centers Construction Company, west side of Locust Grove % mile north of Fairview Avenue. At this time, I would like to have the City Clerk read Ordinance No. 872 by title only. Berg: Thank you, Mr. Mayor. Ordinance No. 872: An Ordinance finding that certain land lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian, zoning designated medium-density residential district (R-8) and limited office district (L-O); and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinances, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You've heard the Ordinance No. 872 read by title only. Is there anyone from the audience that would like to have the Ordinance 872 read in its entirety? Hearing none, I'll hear motion from the Council on Ordinance 872. ( Meridian City Council Meeting April 18, 2000 Page 5 deWeerd: Mr. Mayor, I move that we approve Ordinance No. 872 and instruct the City Attorney to draw up the Decision of Order with suspension of rules. McCandless: Second. Corrie: Motion is made and seconded to approve Ordinance No. 872 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Clerk Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: At this point, I would take a little executive privile~e here. First thank Council President Bird for conducting the meeting on April 4 h. I was out of town, so I understand you did a pretty good job. Thank you. Item 3. Tabled from April 4, 2000: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road between Overland and East Victory: Corrie: Item No.3 is tabled from April 4th. This is a request for a preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood I D.W., Inc., west of Eagle Road between Overland Road and East Victory. Does staff have any questions or comments on this request for preliminary plat? Stiles: Mr. Mayor and Council, I would like some clarification from the applicant or his representative. They have proposed this new plat. I wasn't in on the discussions for this on-going project. It appears that the frontages do not meet the R-8 requirements for the minimum of 65 feet, and then the plats would need to be a 3D-foot minimum. Other cul-de-sac lots would need to have a 40-foot cord. I'd like to ask legal counsel since we haven't actually received a Development Agreement or annexed the property, does this need to be tabled again? Nichols: Mr. Mayor, members of the Council, and Director Stiles, this thing's been in front of us so many times, I don't know which end is up with it. Since this appeared on the agenda as only preliminary plat approval, and the Findings of Fact and Conclusions of Law in the annexation and zoning did not appear on this agenda, I assumed that was one of the things that was already taken care of. We were held up, I believe, perhaps because of the Ada County Highway District street standards. I can recall that was an issue because it - if I recall correctly, that was the one issue that the street standards that had been incorporated into the Findings of Facts and Conclusions of Law on the annexation issue were the ( Meridian City Council Meeting April 18, 2000 Page 6 wrong ones. Was I incorrect on that, Council members, do you recall? Mr. Smith? Stiles: We've approved on the Consent Agenda the Findings on the annexation and zoning, but we don't actually have the Development Agreement. Nichols: That's correct. Stiles: Or an Ordinance. Nichols: That's correct. Stiles: Does that make it - you've been preparing Findings of Fact on the plats themselves? That's the only comment I would have in reviewing this is that the R-8 requirements aren't met in regard to frontages on some of the lots. Corrie: Gary. Lee: I'm Gary Lee with J-U-B Engineers, 250 South Beechwood. In reviewing that latest submittal on the plat, there is adequate room to adjust those lot lines to meet standard for lot area and frontage. This thing was put together fairly rapidly, and it's preliminary in form. There won't be any mathematical surveying problems to meet the standard. We can still keep the same lot count. The attorney is correct. In the last meeting when it was tabled for ACHD's comment on this new layout when it was in the Findings of Fact was that the original Findings from the 45-unit preliminary plat, when they were looking at the townhouse concept. So the new one you have now is based on this design. Bird: Is that the current one you have now, Gary? That's the one we got here marked April 3rd? Lee: Yes. Speaking for the developer, I don't' think he'd have a problem if you were to approve the preliminary plat conditioned upon meeting R-8 standards on lot dimensions. Corrie: Gary, do you have any problem with that? Smith: No, I don't Mr. Mayor. Corrie: I know we've been back and forth on this one. We want to make sure we've got the same one; everybody's on the same page here. Okay. Bird: Have we got a response from ACHD? Corrie: Did we get a response from ACHD? <, Meridian City Council Meeting April 18, 2000 Page 7 Bird: Do we have it? That's all we asked for in the (inaudible) in the last meeting. Corrie: Any questions on the preliminary plat? Bird: I have none. Corrie: I'll entertain a motion then, on the request for preliminary plat on Item No. 3, PP 00-016. deWeerd: Mr. Mayor, I move that we approve the request for preliminary plat for Wood haven Subdivision to include the recommendations from the Planning and Zoning Commission with the following additions: the fencing be similar to the Thousand Springs Subdivision at the height of the lateral; that irrigation access is guaranteed with piping of the McDonald Lateral; that the Right to Farm Act be included on the plat; and that the property line be staked; and to instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law. Bird: I'll second. Corrie: Motion has been made and seconded to approve the preliminary plat with the conditions of recommendations of Planning and Zoning and with the four stipulations that Mrs. deWeerd gave as, one, fencing; two, irrigation; three, Right to Farm Act; and, four, property line staked. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Continued Public Hearing from April 4, 2000: CUP 00-006 Request for a Conditional Use Permit for existing car dealership (2 buildings) on front four acres and proposed 72,000 s.f. Fairview Mini-Storage on the back four acres - 1005 East Fairview Avenue: Corrie: Item No.4, continued public hearing from April 4, 2000. I believe we got a request from the Fairview Mini Storage to table that. deWeerd: Mr. Mayor, I move that we continue the public hearing for the Fairview Mini Storage to May 16th. Bird: Second. / \. Meridian City Council Meeting April 18, 2000 Page 8 Corrie: motion has been made and seconded to continue the public hearing from tonight on the CUP request from Fairview Mini Storage to be continued to May 16th of 2000. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 5. Public Hearing: CUP 00-010 Request for Conditional Use Permit for an 1800 s.t. home/office to be used as office space/relocation in a C-N zone by C.W. Construction, Inc. - West Barrett Drive south of Franklin Road: Corrie: Item No. 5 is a public hearing, request tor Conditional Use Permit for 1800 s.t. home/office to be used as an office space / relocation in a C-N zone by C.W. Construction, Inc., West Barrett Drive south of Franklin Road. At this time I will open the public hearing and have staff comments first. Stiles: Mr. Mayor and Council, this is for basically a remnant parcel that was created when Ada County Highway District acquired this piece tor their drainage pond. So it's essentially split the property. It doesn't make much sense to go through the subdivision process because, basically, the lots are there. This is the entrance into Crestwood Estates. There are residential uses surrounding the property. This is the storage area for the subdivision that has a fence around it, and you can view it from Franklin Road. This is the remainder that's left as undeveloped. The applicant has purchased an existing building that was located on State Street in Boise. The pictures didn't come out very well. Here's the site plan. They're showing landscaping along the entrance road there, and then also the 20-foot required planting strip on the other road. They will be using it as an office. You can't see - these are really rough. The pictures were so dark it was hard to fix them. It was from an existing structure. We had asked that paint - more, I guess - it's kind of a bright blue right now, and they had agreed that they would paint that to be more compatible with the surrounding area. Staff is recommending approval with the Conditions stated in our comments. That's all I had. deWeerd: Mr. Mayor, Shari, have the - when ACHD split, was that legally done or is that an illegal parcel? Stiles: It was basically their one-time split, but it really made three lots because of the way it was split. deWeerd: So I guess my question still stands. Is it legal? Has the paperwork been done properly and that sort of thing? Stiles: Yes, it was. It was just an awkward situation just because of the way they left - they basically created a separate lot when they did it. Meridian City Council Meeting April 18, 2000 Page 9 deWeerd: But your concerns are satisfied as far as the descriptions and that sort of thing? Stiles: Yes. deWeerd: I just had one additional question. I know that there were some concerns about trees and the landscaping. Have those been worked out with the applicant? Stiles: I'm sorry. I'm not- deWeerd: As far as the number and the size and - Stiles: They had met the minimum number whether they had asked - I don't know if anybody from the surrounding neighborhood had asked for additional trees. deWeerd: It's in the staff recommendations. Stiles: Oh. Okay. I'm sorry. (inaudible discussion amongst Council members) Stiles: Interestingly enough, this property is zoned that - would permit a convenience store, but a professional office building required a Conditional Use Permit. deWeerd: My question was regarding 1.13 and 1.14 in the recommendation from Planning and Zoning. I can ask the applicant. Stiles: They could meet those conditions, and we could require that during the Certificate of Zoning Compliance if they don't have any problems with that. deWeerd: Thank you, Shari. Corrie: Any other questions of Shari? Okay. This is a public hearing. I'd invite the applicant to step forward and make any comments at this point. Don't have any? Okay. Anyone else from the public like to issue testimony in this public hearing of the CUP. Okay. Council, before I close it, do you have any questions you'd like to ask the applicant or Shari? Okay. All right. Hearing no other testimony, I'll entertain a motion to close the public hearing. Bird: Mr. Mayor, I move that we close the public hearing on the CUP for C.W. Construction, Inc. ( Meridian City Council Meeting April 18, 2000 Page 10 McCandless: Motion made and seconded that we close the public hearing on Item NO.5, CUP 00-010. Any other discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Comments and discussion from Council? Bird: I have none. Corrie: I'll entertain a motion on the request for Conditional Use Permit on Item No.5. Bird: Mr. Mayor, I move that we approve the request for Conditional Use Permit for 1800 s.f. home/office to be used as office space/relocation in a C-N zone by C.W. Construction, Inc., and for the attorney to draw up Findings of Facts and Conclusions of Law, Decision of Order, and to incorporate the comments from Planning and Zoning. deWeerd: Second. Corrie: Motion has been made and seconded to approve the request for Conditional Use Permit, and to incorporate the comments of the Planning and Zoning Commission and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll-call vote. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Public Hearing: V AR 00-005 Request for variance from conditions of platting and City Ordinance 12-5-2.N regarding pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial Enterprises, LLC - south of Franklin Road between Meridian and Linder Roads: Corrie: Item No. 6 is a public hearing. This is a request for a variance from conditions of platting and City Ordinance 12-5-2. N regarding pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial Enterprises, LLC, south of Franklin Road between Meridian and Linder Roads. At this time, I'll open the public hearing on Item No. 6 and have staff comments first. Stiles: Mr. Mayor and Council, this is for property that was fairly recently rezoned from an R-15 to an L-O. The Dreamland Daycare Center is here. In their explanation, they have noted that they cannot meet Nampa Meridian Irrigation District's requirements for drainage for the overflow or wastewater, and ( ( Meridian City Council Meeting April 18, 2000 Page 11 so they won't approve a pressurized irrigation system. We did ask that the condition remained on the plat that the planting strip adjacent to the residential property be installed prior to applying for building permits, and the applicant has indicated that that's acceptable. Gary has also asked that the well development be of $672 per lot should be required if the variance is granted. Corrie: Gary, I think you have a comment that came from Bruce Freckleton that stated that you support this request; is that correct? Smith: Yes, Mr. Mayor. Corrie; Thank you. This is a public hearing. Is there anyone from the public that would like to issue testimony first? Oh. Is the applicant here tonight? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. We've been working on this subdivision for quite a long time. As Shari indicated, one of the problems we had was Nampa Meridian Irrigation District will not allow you to have your overflow go back into their live ditch. So on most parcels, we have some type of historical drainage ditch or slew which allows us to overflow that water. We worked with them for months trying to come to some type of agreement, and they would not budget. At that point in time, Mr. Briggs at our office submitted information to Gary Smith for his review as justification if your staff could support a waiver of the pressurized irrigation requirement. They indicated that they could. That's what we're asking for this evening. It's not a residential development; it's an office development, very few lots, small parcel. As you can see it's an in-fill parcel. Corrie: Thank you, Becky. Yes, Ma'am. Holstein: Yes, I'm Linda Holstein. I live across the street from the property. Corrie: Excuse me. We need to get your name and address, please. Holstein: Linda Holstein, 870 West Franklin Road, Meridian. I just had a question for the young lady from Briggs. Is this in any way going to affect the green feeder box that's sitting there now that we would get our irrigation water from across the street? It's going to be placed somewhere else on that property, then? Briggs: Becky Bowcutt, Briggs Engineering. Any historical irrigation water that's come through this property and then goes across the street, we have to continue that on. We have to coordinate that with the District. If that's like your box where you'd get your water, if any alteration of that box is required, we'd have to have their approval and make sure you get your water. Holstein: That's all we needed. ( Meridian City Council Meeting . April 18, 2000 Page 12 Corrie: Anyone else from the public that would like to issue testimony on Item No.6? Okay. Hearing none, Council, any other questions? Bird: I have none. Corrie: Okay. I'll entertain a motion to close the public hearing. Bird: So moved. deWeerd: Second. Corrie: Motion made and seconded to close the public hearing on Item No.6. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Council, comments, discussion? Bird: I have none. Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order for the request for variance of conditions of platting and City Ordinance 12-5-2.N regarding pressurized irrigation at the Scottsdale Subdivision by Wolfe Commercial Enterprise, LLC, and for the comments of Gary Smith's letter dated from February 11th be included. deWeerd: Second. Corrie: Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law with approval of variance request VAR 00-005 as stated in the motion. Anything further? Hearing none, Mr. Clerk, roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Bird; aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. FP 00-006 Request for final plat approval for 27.61 acres with 81 building lots in a R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC - NW % Section 3, T3N, R1W: Corrie: Item No.7, this is a request for final plat approval for 27.61 acres with 81 building lots in an R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC, northwest % Section 3, T3N, R1W. Okay. Council, you have that request in front of you for approval of the final plat. Staff report or anything on staff? Meridian City Council Meeting April 18, 2000 Page 13 Stiles: Mr. Mayor and Council, you have our comments dated April 13, 2000. Ms. Bowcutt has responded. I'd like her to clarify on one of the issues on NO.2 under general requirements it states they're installing a feeder ditch, and that was in response to all ditches be tiled; I want to make sure that would be a tiled feeder ditch. This originally had come in with the requirement for a pathway along the Eight Mile Lateral. They are continuing to have problems with Nampa Meridian Irrigation District to provide those pathways, and they're just proposing to fence that off until perhaps the City can come to agreement with Nampa Meridian to allow those. It's not likely given their present frame of mind that they would allow it for a live irrigation lateral. We did make an error in our Comment No. 14 under site-specific. It was Lot 7, Block 1, and I believe the applicant will be able to address the lots to meet the minimum frontages on all of the lots. Bruce had made the comment on No. 12, and I'm unclear what he was referring to, but Ms. Bowcutt has stated she will comply with whatever the requirements are when the final plat is presented for signature; whether to graphically depict those easements or handle it in a note. So staff would recommend approval of the plat with the conditions of staff and agencies. Corrie: Any comment from the Council? Becky? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland. To answer Shari's question, it's just a typo on the memo that I sent her. The secretary dropped off the pipe word. That's supposed to be 15-inch pipe, and there's something missing. There's a feeder ditch that comes through this property. The Rutledge Drain is on the boundary here. It's on the school's property. The Rutledge comes up here, and then it kind of slides over a little bit and it came across this parcel. We have picked it up and piped it with cooperation from the school district granting us an easement and piped it right along here and then across. Then another little - that was the Rutledge. Then another feeder ditch came here and served the property due north. We piped that with a 15-inch pipe running right along that exterior boundary. What Shari was talking about with the Eight Mile Lateral right here, it's quite a large facility. Nampa Meridian, as Shari indicated, is still not cooperating with us on pathways along these live ditches. I have provided a separate lot to accommodate the full easement of the Eight Mile Lateral, and the same is true for the Lakes at Cherry Lane NO.9 on the south side. So there will be separate lots there if in the future a pathway was ever allowed, it's provided for as far as being a separate lot, it wouldn't be part of any of these private, residential lots. I think that's it. Corrie: Item No. 14 is Lot 7, Block 1? Bowcutt: Yes. deWeerd: Mr. Mayor, just one comment for Becky. I have talked to Doug Campbell and gave him a contact in the Governor's office that's working on - ( Meridian City Council Meeting April 18, 2000 Page 14 working with Nampa Meridian Irrigation District and some of these easements and how cooperative they are to work with. I would encourage you to mention to Doug to note this project as well as the other projects that he was going to discuss with him. Bowcutt: Okay. That sounds good. One of the big problems we have is with their attorney. Maybe it'd be nice if your attorney could talk to their attorney. Corrie: Okay. Any other questions from staff or Becky? deWeerd: No. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for final plat approval for Wilkins Ranch Subdivision, Item NO.7. McCandless: Mr. Mayor, I move that we approve the final plat approval for 27.61 acres with 81 building lots in an R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC, and instruct our attorney to prepare the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate the comments of Planning and Zoning. Corrie: Is there a second? deWeerd: Second. Corrie: Okay, motion has been made and seconded to approve the final plat of Wilkins Ranch Subdivision, Item No.7, FP 00-006, and to incorporate the comments of the Planning and Zoning as staff and to have the attorney draw up the proper order and papers. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 00-005 Request for final plat approval for 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 E. Overland Road: Corrie: Item NO.8 is a request for final plat approval of 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC, 1230 East Overland Road. Staff comments. Meridian City Council Meeting April 18, 2000 Page 15 Stiles: Mr. Mayor and Council, I'd just like to verify with the City Clerk that the Ordinance for this property has been published. We got a little ahead of ourselves in processing this application. It shouldn't have been processed until the annexation was actually approved, but- Berg : (inaudible) Stiles: It was approved on the 4th. Is that a problem if it hasn't? Nichols: Mr. Mayor, members of the Council, if the ordinance has not been published, we can put this off and after a break, Mr. Berg can check in terms of a publication date, but if it's not in the requisite amount of time, then we shouldn't act on this particular deal. Berg: I'm assuming we'd do it after (inaudible) Bird: Can you check it out if we take a five-minute break? Corrie: Or do you want to wait until the next meeting? Can you look it up? don't want to put you on the spot. Berg: I don't think I could even do that for sure because we don't even get the notice back of being published until after the fact, and that's usually about two weeks after the fact. Nichols: Mr. Mayor, members of the Council, Mr. Unger is here representing the applicant, and I donlt know if he has seen the Ordinance published. Corrie: Let the record show that Mr. Unger is shaking his head no. Okay. Probably a better idea to table it to the 2nd of May. Bird: Mr. Mayor, Mr. Clerk, do we have a letter of transmittal or anything that we send in with these ordinances that would show when it was sent or anything? How do we do that? I'm asking the question. Berg: Mr. Mayor, members of the Council, we fax the Ordinances in. We do a lot of e-mail transmission, but I think with the Ordinances signed and stuff, we'll fax them in or mail them in, and then we get a notice, a certified notice from the Statesman saying they published it in the paper. Like I said, that's a couple weeks after the fact that we turn it in. I'd have to look through Shelby's file to find a fax confirmation that we turned it in, but my concern is that wouldn't tell me for sure when it was published. We have a window of 10 days after it's passed to get it in. Sometimes we have the map, or sometimes we have to get the map. Bird: And we don't control when they publish it as long as we get it in. ( Meridian City Council Meeting April 18, 2000 Page 16 Berg: We get it in by a certain time. They say it's going to be published in Friday's papers. Friday is what they set aside for Meridian's - so much for a daily newspaper. We have a designated date of Fridays. Corrie: Bob, did you want to say something? Come up here, give you the privilege. It's your final plat. I have a question that I'm sure you're going to answer here. Unger: Bob Unger with Pinnacle Engineers, 870 North Linder Road, Suite 8, Meridian. I guess the question I have is since the plat is not being signed yet, do we really have such a legal technicality here that the City Council couldn't go forward and then approve the final plat with the understanding that it wouldn't get signed until verification of the Ordinance being published? Could we not go forward that way? Corrie: That's a legal question. Counselor, do you have any comments? Nichols: Mayor, members of the Council, I think that might be okay because you're going to do Findings of Facts and Conclusions of Law anyway. Aren't you, on these final plats? You're going to have that, so if you tell me, go, then we'll have it ready to go on the 2nd. That way it's not put off for another two weeks. Corrie: Okay. Any other questions, discussion? Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law, Decision of Order for Overland Mini Storage, the final plat approval of 7.25 acres with 4 building lots in a proposed C-G zone at 1230 East Overland Road to include staff comments. That's automatic. deWeerd: I'd second it. Corrie: Motion's been made and seconded to approve the request for the final plat and the attorney to draw up the Findings of Facts and Conclusions of Law including staff comments for the 5-2-2000 meeting. Any further discussion? Okay. Mr. Berg, would you take a roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled April 4, 2000: Ada County Development Services 00-10 PDR J 00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan Road: Meridian City Council Meeting April 18, 2000 Page 17 Corrie: Thank you Bob. Item No.9, this was tabled from April 4, 2000. It's Ada County Development Services. Request for preliminary plat for Edinburgh Subdivision, 138 lots on 40.69 acres by Steve Smith, ~ mile east of Eagle Road on Meridian Road. At this time I'll have staff bring us up to date. I wasn't here at that meeting, so staff, would you kind of give us a what's happening here? Stiles: Mr. Mayor and Council, this is for a property in our area of impact. It's south of the Vienna Woods Subdivision. As you recall, this was the subdivision that we required to request annexation prior to acting on the plat. We kind of heard about this - we just got the application in the mail. We hadn't had any discussion with the applicant or his representative. The plat is generally in conformance with our Ordinance, but there are some differences. Applicant's representative has stated that they have redesigned this to meet Ada County's requirements. I think the design still leaves a lot to be desired, but we also had a question for Ada County as to why they were calling it a planned residential development when nothing about it seemed to indicate there were any amenities or open space. They do show a small 16,000 plus tot lot for 138 homes. I believe Mr. Nichols has also reviewed the - *** End of Side 1 *** -- not the impact fee, the area of impact ordinance with Ada County. He has addressed - I guess I'll let him talk about - he should speak to what he had decided. Public Works Department has not had adequate time to review this. They have no plans of what's being proposed as they are proposing to sewer into the City of Meridian. I'd also like to ask about the possibility of imposing park impact fees if the City is going to serve this property with services. We had prepared some preliminary comments, however, we haven't finalized those and did not want to give those to you until we had completed a review until we received all the information we needed. Corrie: Okay. Mr. Nichols, did you have a comment here? Nichols: Yes, Mayor, members of the Council, one of the issues that's come up on some of these development applications that are in the County but within the area of impact is what is the role of the City with regard to that development. As I reviewed the impact agreement as it's set out in the Ada County Ordinance, it states in one portion that all subdivisions are to be approved by the City of Meridian as well as Ada County. In another place it talks about land-use applications are to be submitted to the city for comment, and comments are given no greater weight than any other comment or testimony or evidence. It would be my opinion that because the Ada County Development Agreement Ordinance states that subdivisions are subject to City Approval that the City could impose whatever required conditions are consistent with the City's policy and Ordinances as part of that development; such as, installation of dry sewer and water lines; such as, an agreement, an irrevocable consent to annex to the ( Meridian City Council Meeting April 18, 2000 Page 18 City when the parcel is contiguous and served by City services, and those things could be conditioned approval for a subdivision application. I would also like the Council to note that this is on the agenda for the April 20th Ada County Planning and Zoning Commission meeting, and I don't know when this application was first brought to the attention of the City of Meridian. Mr. Berg, do you have anything in your files that show when it was first brought to your attention? Berg: Mr. Mayor, members of the Council, I don't have a date that it was. Ada County Development Services date of transmittal is March 15th. We did table it from a previous meeting. All this was faxed information that's in our packets. Nichols: Mr. Mayor, Ms. Stiles has a comment. Corrie: Shari. Stiles: Mr. Mayor and Council, I did have a note from Brad that talked to Ada County. Steve Hopkins, Ada County Planner on the projects said that they have moved the hearing from April 20th to May 11 th. They have requested that we have our comments to them by May 5th. I don't know if that will give Gary enough time to review or if we are going to ask for a complete preliminary plat application be submitted to the City. deWeerd: Mr. Mayor, Gary, does that give you enough time? Smith: We should be able to look at the preliminary plans for it. The applicant had come to Public Works Department. I don't recall when it was, some time ago, and talked to me, met with me about service for this subdivision into the existing Vienna Woods sewer system. I'd related to them that it was included in the service area for the lift station that's being constructed in Vienna Woods. We had some discussions about whether or not the entire project would sewer by gravity into Vienna Woods or if there would need to be some sewer line built in McMillan. I haven't seen any details, I don't believe, on that question. We also talked about the need for construction of a length of sewer line in McMillan adjacent to this subdivision that would be part of our master plan. Again, I don't think the question was answerable at the time as to whether this subdivision would require that sewer in McMillan or not. Anyway, there were some preliminary discussion with developer and his engineer. We should be able to look at the preliminary plans for it. The applicant had come to Public Works Department. I don't recall when it was, some time ago, and talked to me, met with me about service for this subdivision into the existing Vienna Woods sewer system. I'd related to them that it was included in the service area for the lift station that's being constructed in Vienna Woods. We had some discussions about whether or not the entire project would sewer by gravity into Vienna Woods or if there would need to be some sewer line built in McMillan. I haven't seen any details, I don't believe, on that question. We also talked about the need for construction of a length of sewer line in McMillan adjacent to this subdivision that ( Meridian City Council Meeting April 18, 2000 Page 19 would be part of our master plan. Again, I don't think the question was answerable at the time as to whether this subdivision would require that sewer in McMillan or not. Anyway, there were some preliminary discussion with developer and his engineer concerning the subdivision and how it would or could tie to Vienna Woods. But we should be able to look at the preliminary engineering plans for sewering of it and domestic water. deWeerd: Did we have some problems even servicing Vienna Woods, if I remember right, through the Five Mile, but until the white is developed, that it's - Smith: We have capacity in the south slew for - well, actually, the capacity problem is in Locust Grove and the 8-inch sewer line that comes off of Summerfield, excuse me, it serves up to that charter school. Vienna Woods would discharge into that 8-inch line into Locust Grove. There was some additional capacity in that 8-inch line for other properties in this area. The number of lots has not been absolutely established, but it was somewhere around 50 lots in excess of the Vienna Woods Subdivision. One of my concerns when I met with the developer was if we have the City of Meridian has obligated itself to serve the entire 80 acres of Vienna Woods by approving their preliminary plat, obviously, we've obligated ourselves to service the two phases of final plat filed with Vienna Woods. That's probably a question that Mr. Nichols would have to answer for me as to whether or not the preliminary plat approval of Vienna Woods has obligated us to serve. If that's the case, take the 80 acres out of the capacity in that sewer line in Locust Grove, then as I said earlier, there's about 50 lots that's slipped over that, could serve from this subdivision since this is next in line. I related that to the developer and his engineer when we talked that that number hadn't been firmly established, but we did have that obligation I felt to Vienna Woods. So this total subdivision would not be sewerable or serviced. Be able to be serviced by the existing pressure line discharging into the, call it Summerfield sewer line in Locust Grove. deWeerd: So when you give your recommendations, you'll review that, but will you also include when the white is available, can this then - can the lift station then pump this into the white? Smith: Yes. Correct. And we're anticipating that even though we've been delayed on the white, we're anticipating that we'll probably be into the spring of 2001 with construction completion on the white trunk line. So in terms of construction on these subdivision in this area, that should be well ahead of what the need's going to be. deWeerd: Thank you. Corrie: Any other comments? Attorney? (' Meridian City Council Meeting April 18, 2000 Page 20 Nichols: Mr. Mayor, members of the Council, on Mr. Smith's question with regard to the City's obligation, I believe that it would be reasonable to conclude that upon the approval of the preliminary plat for x-number of lots and a finding that you have the capacity to handle that number of lots that it's spaces thereby reserved for that number in the City's infrastructure. Corrie: Okay. Applicant, any comments on what you've heard tonight? Bunderson: Thank you Mr. Mayor and City Council. My name is Hal Bunderson. I'm a 50 percent partner in this development. We had contact with the developer of Vienna Woods. They are supportive of the development and the fact that we would access their pump station to the extent lots would be available or there would be capacity in the Summerfield Subdivision line. We hope that you would agree to at least a first phase of whatever capacity that's determined that's available for sewer, and we'd also hook up to the Meridian water that is already will be coming down to service Vienna Woods, and we would just access that also. So what we're requesting to the extent that you need to give us direction we'll follow that, is that we be granted to use the lots that could be assigned to fill that capacity so that we could start the latter part of this year, then when the White Line comes through, then we'd look to the rest. But we're not looking for approval of the entire subdivision at this time; just what's available for sewer capacity. I'd be glad to respond to questions as best I can. Corrie: Council have any qu4tsions at this point? deWeerd: Mr. Mayor, I would like to reserve questions until when our staff has a chance to review the applications and give staff comments on it. So I would like to table this until May 2nd to give staff an opportunity to make those comments and do an analysis of what they can service sewerwise. So I think it'd be advantageous to wait until then. It's hard to read this little reduction of - Corrie: Do we have the - have you got the big one? Okay. deWeerd: Do you need additional copies of that? Corrie: Where would they come from, Shari? From them or from the- Stiles: I'm sure the engineer could get us a copy if Mr. Bunderson instructed him. Corrie: There are some questions that I'd like to go over with the engineer as well and the P & Z on that. I would recommend that we do table this until May 2nd so we can have some questions answered on that. That's my thought on that. Any other comments? Bird: I have none. ( Meridian City Council Meeting April 18, 2000 Page 21 Corrie: Okay. I'll entertain a motion to - desires on that one. deWeerd: Mr. Mayor, I move that we table the Ada County Development Services, 00-10 PDR / 00-05 for request for preliminary plat for Edinburgh Subdivision. Corrie: Okay. Motion's been made; do I hear a second? Bird: Second. Corrie: Motion is made and seconded to table Item No. 9 which the Ada County Development Services request for the preliminary plat until May 2nd. Any further discussion? deWeerd: Mr. Mayor, that would be in hopes that we have a complete set of staff comments at that time. Okay. Thank you. Corrie: With that addition, is there any other comments? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 10. Department Reports: B. Fire Department - Chief Ken Bowers: 1. Approval of Fire Truck Contract: Corrie: We have some final things that we need to bring up. The Fire Department request from Chief Bowers, the approval of the fire truck contract. Bird: Mr. Mayor, I have one question on this contract. We are being charged .022 percent per day of unpaid balance starting the day the unit leaves the factory. Where's the warranty that says it gets out here that everything is going to work and they'll take care of everything? I would think that the final payment would come after the truck got out here and tested out and everything, and I was under the impression that that's what Ron had instructed Kenneth to get this taken care of. I might be wrong, Kenny, but could you answer that? I'd like the attorney, I'm sure he's - have you read this? Are we being covered very good? Bowers: Mayor Corrie, City Council members, we will not pay for the truck, the final payment of the truck, until it has got here and we have gone through our checklist to go through the whole truck and we go down and pump the truck to make sure it pumps exactly the way we want it to pump. It'll take three to four ( Meridian City Council Meeting April 18, 2000 Page 22 days to drive it out here, and we will have it set up so Doug Young from the rating bureau will be there within a couple days to pump it, to test it, and before we give the final approval. So we will not pay for it until it's done. Bird: Okay. Let me bring something up to the attorney, then. Right down here in this contract, if we sign it, Hughes Fire Equipment, Inc., will invoice the City of Meridian at the rate of .022 percent per day of the unpaid balance starting from the day the unit leaves the factory and until the day that Pierce receives the final payment. No way shape or form are we going to be penalized for them getting it out here and before they can test it. That is a penalty. We've (inaudible) AlA contract which billions of dollars are done from, but we take a contract like this and we're going to pay .022 percent per day on unpaid balance that we haven't even got the truck here, haven't even been passed and accepted? I can't speak for the other two Councilmen, but I'm not for it. Corrie: Bill? Nichols: Mr. Mayor, Councilman Bird, members of the Council, It seemed unusual to me that you start paying the interest from the time it leaves the factory instead of at the time that the item is accepted. It's - that was not in the last one. What was there? A $1500 - last time, and so it's essentially the same thing. What I thought was- Bowers: We figured it was going to be $300 or $400 what we were going to have to pay. Nichols: That's what this percentage works out to. There is a provision in the contract, basically, that ten days after arrival, to run it through the paces and accept the apparatus. Bowers: This is the first time we had this - we've always paid for it before when we got it, and that's a little different than waiting until it gets here. Bird: Mr. Mayor, all they've done, Kenneth, is instead of putting a flat fee of $1500 which we picked up on a minute, they come in here and they invoiced you for unpaid balance. We haven't even seen the truck, we haven't even approved the truck. We're paying them $300-some thousand dollars for the truck which is probably got at least a 25 or 30 percent profit margin in, and they're going to - I mean, I'll make a motion to approve this if we strike this, and we can strike it. Then they have to either accept it or not accept it. This is basically saying the same thing. Instead of saying $1500, they're just saying .022 percent from the day it leaves the factory. If it takes five days - what if it breaks down coming out? And what if we don't test it for six days? Until we pay that final, we're paying that percent. I'm not - jiminy Christmas. It's not like we're buying a $3000 thing from them. It's not like we're financing it from them. We're putting (~ Meridian City Council Meeting April 18, 2000 Page 23 money up front for the chassis. We're giving them over half of it at the completion of the chassis without even putting on the rest of the stuff. Bowers: So they know we're going to buy the rest of it. Corrie: We can certainly make the motion to strike that under the condition that they do (inaudible) Bird: Well, I would make a motion that you sign it and Clerk attest it with that stricken. If they don't accept it, then we come out. That's a motion. Nichols: Councilman Bird, Mayor, members of the Council, you can strike a provision by interlineation just Z-line out through that and initial it if that's what you choose to do, and then we see who blinks. Bird: Mr. Mayor. Corrie: We certainly would do it like your answer is yes and no. Okay. Bird; Mr. Mayor, I move that we accept this contract for the sum of $3,303.00 for the Fire One Pierce - 2000 pumper with the deletion of paragraph 2 on Page 2 that states Hughes Fire Equipment, Incorporated, will invoice the City of Meridian at the rate of .022 percent per day of the unpaid balance starting from the day it leaves the factory until the day that Pierce receives the final payment and for the Mayor to sign and the Clerk to attest with that stricken. McCandless: Second. Corrie: Motion has been made and seconded that we approve the contract, the Mayor to sign, the Clerk to attest with the strike-out on the second page beginning with Hughes Fire Equipment invoice the City and final that day Pierce receives the payment will be struck out and initialed and signed and sent to them for their approval. Any further discussion? deWeerd: Mr. Mayor, Kenny, is this a standard thing in this kind of contract? Bowers: Talking with Pierce, it is. For fire trucks. I guess it's like he stateda It's like the (inaudible) we'll pay flooring fees even before the truck gets on location from Ford Motor Company. They're paying that. I don't know if that's true or not, I don't know. It seemed like it'd be more feasible to possibly once that truck is in our hands is that that's when we would start paying a fee or something like that. Not like coming out here. Like he said, if it breaks down and it's on the road for six or seven days, we're not - that's not our liability to be paying for it. Meridian City Council Meeting April 18, 2000 Page 24 deWeerd: Well, could it be negotiated that within a certain amount of days upon receipt of the truck that that could start? If it's a regular policy of this outfit, I would - Bird: We'll find out. When the Mayor sends this back with his signature and Will's on there and it's stricken, we'll find out if they want to negotiate with us. But you can't negotiate. We've been negotiating before. All they did was take out the actual figure that showed $1500 and put in .022 percent. That is ridiculous, Tammy. We're paying money up-front. It isn't as if we're financing the thing and we're not going to take it, but they want us to pay them up front before it's ever been accepted or tested. Then when it's tested and it don't work, then who's fault? We don't have no money to hold from them because we've paid it or we've paid interest. It's one-sided. Corrie: Kenny, who is driving this out? Them or us? Bowers: Pierce. Yes. They will drive it out themselves. Bird: What do you think, Mayor? Corrie: I agree with you 100 percent. They'll come back real quick and let you know how they feel about it, and we can go somewhere else. Bird: We can talk to them. Nichols: Mayor, members of the Council, my math is not real good without a little pocket calculator, but with my preliminary chicken scratches here, I don't think that this is going to make or break the deal. It's not enough money if I've calculated it correctly that they'll walk away from it. I've had family members in the car business, and generally you get 30 days free flooring after the car's there. Corrie: All right. Any further discussion? If none, roll-call vote. Roll-call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT 2. Contract for Fire Station II with ZGA Architects: Corrie: The second one is Fire Department, the contract for Fire State II with ZGA Architects. Bird: Mr. Mayor, after having discussion with the attorney at the Pre-Council meeting and everything, and he certainly has no heartaches over this. He thinks it's a doable contract. It's something that we've used this architectural firm quite a few times, and it's always worked out pretty good for us. I move that we accept ( ( Meridian City Council Meeting April 18, 2000 Page 25 the contract for Fire Station No. 2 for the design and plans of the building with ZGA Architects, and for the Mayor to sign and the Clerk to attest. Corrie: Motion made and seconded to have the approval of the contract for Fire Station No. 2 with ZGA Architects, Mayor to sign and the City Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 3. Change Order No.5 Franklin Road Fire Station: Corrie: Change Order NO.5 for Franklin Road Fire Station. Bird: Mr. Mayor, first of all, as I've said 100 times, I want to compliment the Committee, Ron Anderson, Kenny Bowers and ZGA for that large of building that the general contractor and not have any more change orders. We have, as Kenny stated earlier, we've probably on that - what was the total cost, Kenny, 1.3 million? Something like that. We had $20,000 in change orders. Chief Gordon is going to make sure our police station doesn't have ten, but we'll go - with that I move that we accept this change order NO.5 for the sum of $1 ,360.00. McCandless: Second. Corrie: Okay. Motion made and seconded to accept Change Order No. 5 for the fire station in the amount of $1 ,360. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT C. Police Department - Chief Gordon: 1 a. JAIBG: Corrie: Police Department, Item 1 a was the JAIBG, Juvenile Grant for approval to accept. Any further discussion? Bird: I have none. Corrie: If none, I'll entertain a motion on the request, Item 1 a. Cherie? McCandless: I move that we accept the request for grant for - I don't have it in front of me. deWeerd: The Juvenile Accountability Incentive Block Grant. ( / Meridian City Council Meeting April 18, 2000 Page 26 McCandless: Yes. It's JAIBG issued by the Association of Idaho Cities. Mayor to sign and the Clerk to attest. Bird: I'll second that. Corrie: Motion made and seconded to approve the JAIBG grant of the AIC, the Mayor to sign and the Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 1. Professional Services I Architect for new Police Department building: 2. Paint the Town liability insurance waiver: Corrie: I believe we need a - on the professional services, architect for new police building, I believe that was set to come back May the 2nd. All right. Paint the Town Insurance waiver. 3. Wages: Review Information Bird: I think the Clerk and Chief was going to look into that with our insurance policy, weren't they? Those two will take care of that. What about the wages? Corrie: Wages, there's nothing we can do until Tammy gets informed of what's going on, and then Council will have to have an open hearing. Okay. D. Mayor - Robert Corrie: 1. Appointments to Commissions: a. Historical Commission: Corrie: Next item is Mayor, appointments to Commissions, Historical Society. Did everybody get a copy of this in your mailbox? Okay. On the Historical Commission, I talked with Lila Hill. She was to be an ex officio member not particularly on the Board, and she had talked to all the people, and the appointments will be Malcolm McCoy, Rick Hatcher, Frank Thomason, Tom Hammond, Lawrence Shapiro. The dates that their commission will come up again for Council approval will be Malcolm McCoy on 2001; Rick Hatcher, 2002; Frank Thomason, 2002; Tom Hammond, 2003; and Lawrence Shapiro, 2003 with Lila Hill as an ex officio. With that recommendation to the Council for the members of the Historical Commission. Questions? ,~ Meridian City Council Meeting April 18, 2000 Page 27 Bird: Mr. Mayor, I've got one question, and I should have brought this up when you and I discussed it. I've got a problem with - we've got one person that seems to be on every committee in the City. I wonder if we stretched too thin or something sometimes. I don't know how the other Council feel, and I can go either - I'm certainly not going to sit and argue over it, but I really wonder if - Corrie: That's a pretty hard Commission to get people to work on. Lila has talked to all of these people, especially (inaudible). I understand what you're saying, but this is just a Commission that works with historical parts of the City on that Commission. I'd say it's - there's not many people that come to those meetings, but it's an important committee. Those are the only ones that have really wanted to serve on it. deWeerd: Did we advertise for that? Corrie: Lila Hill even went out and knocked on doors. This is the ones that said they'd be happy to do it. Bird: If he's a sucker for punishment, then it's fine with me. Corrie: Malcolm is one of those people that got a second chance to live, and he is trying to do all he can for everybody. I tried to talk him - tried to do too much, but he's - Bird: His health can only last so long. I have no problem with that. I move that we accept the Mayor's appointment for the Historical Commission. Malcolm McCoy, Rich Hatcher, Tom Hammond, Lawrence Shapiro with Lila Hill as ex officio. McCandless: I'll second that. Corrie: Motion made and seconded to accept the nomination of the five people on the Historical Commission. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT b. Parks and Recreation Commission: Corrie: Parks and Recreation Commission. I've got the name of Glenn Bentley. That's - we didn't get anybody from the paper advertising, and that's the only one that we did get hits. He had his on file before. That's the one we got just today from the ex-superintendent that said if she would if nobody else would. deWeerd: Mr. Mayor, the Parks Commission set up the subcommittee to look at the letters of interest. They had told the people who had indicated an interest for Meridian City Council Meeting April18J 2000 Page 28 the last opening that they would be considered for future openings. So to their knowledge, they still have the seven that applied then as well as any new ones that came in. They did establish a subcommittee that's going to meet in the next week to go over those. So I don't think they knew. Corrie: I realize that they can look at them, but this is the Mayor's decision of who he wants on that Board. I work with those people as much as possible, but this is the one that I chose out of that group. Now, if the Council doesn't want to do it for whatever reasons you want to do it, that's fine. But this is the one that I put up at this point. Council can either approve or disapprove, and then we'll go to somebody else. Bird: Mr. Mayor, You have always before on the Council, on the appointment of Parks and Recreation Commission along with yourself have had the Parks and Recreation Commission give you a list of people and then brought them forward to us. I would hope that you'd think back on this and maybe, I don't think that by not appointing the guy tonight that we're going to kill the Parks and Recreation Commission. Maybe you could sit down with the liaison and Tom and maybe the President and work something out. I'd be the first to say that it's your decision of who you bring forward. I have no problem with that. Then we have to approve it if we so approve. But I'd - you've always done it before on this Parks and Recreation Commission; you've always gone through with the Parks and Recreation people and stuff, and it might help a little if you - if they think they're getting circumvented or something. I don't know. That's strictly your decision, and it's our decision of how we vote. Corrie: That's correct. But the one that's in front of you tonight is Mr. Bentley, ex-Council person. He was on that list as well. deWeerd: My preference would be to wait. Corrie: You can't wait. I make an appointment, you've got to either accept it or reject it. Then 1'1( give you some other one. deWeerd: But if we do that, then this name wouldn't be considered by the group. Is that what I - Corrie: That's correct if you rejected that appointment. Bird: Mr. Mayor, if I could intercede again. Then I think that is what Tammy is trying to say. She doesn't want this name stricken right out, but she wants to be able to, with yourself and her and Tom and the Council, the Commission President, go through these others. Evidently, they' were told that their names would stay in the active file. The way you've had it, I don't know, but - the active fil e . ( Meridian City Council Meeting April 181 2000 Page 29 Corrie: I've made the statement, Mr. Bird, that there were no new people that came into my office in recommendation from the people themselves. Now, there's a list that the Commission has, and Mr. Bentley's name was part of those, and out of that list, I thought that he would make a good one because he is very mindful of park land, he wants to see that we buy park land, and he's worked with the Parks and Recreation, he's worked with some of the people here. Now, I feel that he would be a good person to have on that Parks and Recreation Commission. Now, Councilman Bird, that's part of the Mayor to make that recommendation. That's exactly what I'm doing. If you don't want him, then you reject it and it would go to somebody else, but his name would not come back up until all of them are over because you rejected that name, and I have ten days to bring another one up. I have to bring another up. That's according to law. So am I right, Mr. Nichols? I mean, that's the way it's done; is that correct? Nichols: Mr. Mayor, members of the Council, I have to admit I'm not well versed on that particular ordinance, but if that's what you've done in the past, I've got nodding heads on the Council here that's what your Ordinance says. Corrie: I'm just bringing this name up because it's the one that I thought would make a good one for the Parks and Recreation. It's not a Board that makes decisions for the Council. They make recommendations and then - I don't see where his recommendations would be different from the Board that you have there now. Again, this is the one that I'm bringing forward to you. You either accept it or reject it. deWeerd: Well, because my preference is built to follow the normal - the way things have been up to this point, I can't make a motion. Bird: I have no problem making a motion, then we vote and it's over whether we'll be sitting here until 10:00 standing here looking dumb. I have no problem with making a motion and then we can vote. Either accept or rejec~. deWeerd: I do know that the Commission is trying to get new residents interested in participating on these committees. That has been one of the main considerations. McCandless: Mr. Mayor, not having been on the Council very long, not really knowing how things are done, but I don't think that Tammy's request is out of line as far as since she's the liaison to maybe discuss it with you a little bit. I know it's your prerogative, and I have no objection to Mr. Bentley. I like him very much, but I just think that Tammy should have a little bit of discussion along with it before it's voted on, I guess. I don't know how it's been done. Bird: Well, what do you want to do? You've got to make a motion; we either accept it or we deny it. If you - Cherie, if you - what you're saying right now, you vote no and you reject it and you go back. ( Meridian City Council Meeting April 18, 2000 Page 30 McCandless: I don't like the idea that he's taken clear off the list. Bird: He don't have to be, I guess. I don't know. He could come back. We brought one back a time before, Mayor. We brought one back that we had retracted the first time because we only had one and we asked for a couple more. You remember? On the first one, Parks and Recreation Commission that I sat on - the one that I had a vote on when I was on the Council was we had only one come forward and you at that time didn't think that was enough. And we brought two forward, and we brought that one back. Corrie: Let me make a question here to you. You refused - you didn't refuse. You turned one down before, and that person has asked not be done again. I think when you reject somebody, they're not going to come back and take a second - slug them out. In this case, again, it's the Mayor that has to make an appointment. I'm making it. You either accept it or reject it. Let's go on with our business. Let's get this thing done and over with, and, again, that's what it's - he has to make a recommendation. I'm making one to you. You either accept it or reject it. That's all I'm asking. Bird: Mr. Mayor, I move that we - Corrie: It has to be in the positive. Bird: I don't know which way to state this. Could I do, I'm like Cherie. I have - the guy sitting right next to me, I've got all the respect in the world, but by the same token, I think we need to have a little bit better open mode to get these things done. Corrie: I'm telling you, it's not going to make any difference to me how you vote, but let's do it because it - Bird: I move that we reject Glenn Bentley as a Commissioner. deWeerd: I second. Corrie: Okay. Motion's been made and seconded to reject the Mayor's recommendation to have Glenn Bentley on the Parks and Recreation Commission. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. All opposed. In 10 days I'll give you another one. Meridian City Council Meeting April 18, 2000 Page 31 Bird: Wait a minute, Mayor. Before we go any further. I don't think there's anything in our Ordinance or anything else that says you can't bring his name back up. I would, as a Councilman, would wish that you would. Okay? Corrie: Okay. I'll take that under advisement. c. Downtown Development Committee: Corrie: Okay. The next one is the Downtown Development Committee. Do you have that list here? Okay. We've got Lori Jones, Clarence Jones, Jim Johnson, Malcolm McCoy, Anne Marie Mollenar-Schram, Terry Sackland, Richard Allison, Terry Smith, Mag Parker, Steve Siddoway and the 11th, ex officio member, Keith Bird. Now, there is a question in my mind that you might want the 11th one there, Gary Benoit has made an indication that he might be interested. We can put that name in - I will put that name in there as the 11 th one, excuse me, 12th. Keith Bird's an ex officio. He's not the 11 th. Bird: He will be the 11th. Corrie: He will be the 12th. Bird: Do you want to add him now, Mayor? Corrie: Yes. I would, having talked to him today, I would. Bird: He's definitely going to be a player downtown. Gary Benoit. He's the one that's doing the old Mangum and the old (inaudible). Very knowledgeable person. Mr. Mayor, I move that we approve this Meridian Downtown Development Committee. Lori Jones, Clarence Jones, Jim Johnson, Malcolm McCoy, Anne Marie Mollenar-Schram, Terry Sackland, Richard Allison, Terry Smith, Meg Parker, Steve Siddoway, Gary Benoit, and Keith Bird as ex officio. McCandless: I second. Corrie: Okay. Motion made and seconded to approve the Downtown Development Committee of the 12 people that were named. Are there any further discussions? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I will notify them. I would like to have that started as quickly as possible. Also, this Committee, there's some people from the Boise Redevelopment Committee that said they would be happy to sit in and help them on there. Bird: We need to draw up a draft of the purpose or something. Whatever you do (inaudible). ( Meridian City Council Meeting April 18, 2000 Page 32 Corrie: Right. They'll have a mission statement of what they'll need to do. Bird: Could we use Mr. Nichols as a legal- *** End of Side 2 *** Corrie: -- help us. Bird: -- help us get lined out. Nichols: Mr. Mayor, members of the Council, if it's within the contract, we'll do it. Bird: Can you handle that? Nichols: Within reason. E. City Engineer - Gary Smith' 1. Summers Funeral Home waterline extension: Corrie: Okay. Gary. You had a request on the funeral home. Smith: Thank you. At the Pre-Council meeting I handed out a little summary of some information that I have put together on the decision that needs to be made as to whether we extend water to the Summers Funeral Home project on the east side of Eagle Road, south side of Ustick Road. If you'd like we can review through these items. Bird: We've pretty well read through them. Corrie: I think we've already gone through it, Gary. Smith; The fine lines between what would happen, what it would take of the City of Meridian to extend the water line to this site and the point where the building contractor says he will be installing combustible materials is approximately the same time, within a week, maybe. Our consulting engineer said they could get water there by August 2nd. I bumped that to August 15th. One of the unknowns that we've got is crossing under Eagle Road. That requires a specialty contractor, a boring contractor. That contractor's availability is not known. There are probably two contractors in the area that do that kind of work. You're a little bit their schedule for previously committed work. We wouldn't know for sure until that project was bid. We did have J-U-B Engineers under contract for our City- wide distribution system improvement project. We can put them right to work on this as part of that project so we don't have to go back out and select an engineer. They are ready and willing to get started on it right away. I've talked to Winston Moore concerning participation. He's willing to cooperate with us in Meridian City Council Meeting April 18, 2000 Page 33 contributing to the cost of the extension. I don't know what extent that is. The other - the southeast corner is the Hawkins Smith group, and they seem to be pretty intent on that corner. We've got a little bit of land use issue that when Shari and I met with them last week, I believe it was Shari expressed a concern from the Comprehensive Plan for land use in that area. I guess it all boils down to where the City wants to go with their service area as concerns our impact boundary. I don't know if you want to re-review the situation with PUC and where they are in line with municipality and public regulated utilities which isn't very far. They're not protecting us. Bird: Mr. Mayor. Gary, you're the Department Head. What's your recommendation? We go or not? Or do we let United Water have it? Smith: Well I think we definitely need to get to Eagle Road with our waterline. Getting under Eagle Road is another issue. That - just because of a timing situation. I just really have a question more in my mind that we can get there in time for this project. Summers has indicated that they would participate in the costs of this waterline extension. They're not going to finance the cost of a line from their facility to Eagle Road which was the question that you asked at your planning meeting. They will participate in the cost in a shared participation with the other property owners and developers in anticipation of a late comer fee. I don't have a real strong recommendation one way or the other other than Eagle Road. I think we need to get to Eagle Road. Bird: Gary, really and truthfully, if we get to the west side of Eagle, we need to get underneath it, too, because we have two major players on that other side that are ready to go. We haven't contacted the northeast corner, I don't believe, regarding - would be a player. They're very well - they're wanting to get moved out there. As far as drilling that, if you guys - you know exactly where it's going through to Eagle Road, don't you? We could in the next month or two hire those people - you're down to maybe one or two as I think Becky said, there's only one or two that will actually do the drilling, we could take them out and even pre-drill it before we get the lines there. Can't we do that? Is it possible to do, Gary? Smith: They would be part of the construction project. The general contractor, whoever that is, would get them to work right away. They would be - they would start the boring process while the other excavation was beginning for the waterlines so that by the time the pipe layers got to Eagle Road, there's probably a couple weeks involved in getting the casing punched under Eagle Road by the time they were done with that, they pipe layers should be there from where they would connect to our existing system. So, yeah. Those two pieces of work would be going on at the same time. They'd be concurrent. Bird: Mayor, what do you think? Meridian City Council Meeting April 18, 2000 Page 34 Corrie: I think we should go ahead and do it. I don't want to give any to United Water. I think that's pretty known about me. But I think we should start procedure and get going with it, and by that time, if they - it's going to take 60 days for United Water to even put the line down and get to service them anyway. If we get that within the timeline and they start at the other end, we might get lucky and be able to do that whole thing by their time table. If not, then they'll have to make that decision. I would like to see us get to at least Eagle Road. If we can get somebody that (inaudible) under the road, and in the meantime while we're going down to Eagle Road, that's even to our advantage. Bird: We'd have to put in the bid going under - I think we ought to throw it into that, and I took it that Summers told us that they would basically - see that they got back up to Eagle and - they didn't say. That's the way that I understood it when I met with them. Smith: That was your question to them, but they didn't give us an answer that night. I pressed the architect today about it again, and he said, well, no. What they had talked about - of course, there is a bit of a problem here because of Jim McGuire's death. He was kind of leading the charge on that project. So Dave, the remaining partner, the architect said today that he's got to bring him up to speed on the things that are on this project, and that's one reason that they are delayed in getting started with their contractor is because of this transition. But the architect indicated to me that they did not wish or could not extend the water line at their cost back to Eagle. They would participate in a - with the other property owners that were interested in this waterline in anticipation of a late comer fee, but there hasn't been any discussion about actual dollars, numbers of dollars. Bird: Gary, how much of that was - there's 4700 total feet. As I remember there was 2,000 feet. Two thousand to the west of Eagle and 2700 to the east or am I opposite? Smith: I think it's the other way around. Two thousand to the east and 2700 to the west. Bird: okay. So the biggest part is coming in here - what's the 2,000 going to cost the City? Are we going to get hook-up fees and stuff? What does that run a foot to bring - Smith: Forty dollars a foot. Bird: So that'd be $80,000. I'm for - to me, personally, it's worth $80,000 because we'll get it back. I know we've got one player that'll go in a minute on the east side, and possibly two plus Summers. I'm like the Mayor. I think we need to get it done. Your recommendation is we approve this? If we do, we'll / ( Meridian City Council Meeting April 18, 2000 Page 35 make you switch with all that big money you made, Gary. For all those hours you put in. Smith: I think it's probably the - based on the people that are there that are intercede in developing that we need to go ahead and move that way. Bird: With that, Mr. Mayor- Corrie: (inaudible) We've got to (inaudible) pull all our hair out. Bird: Mr. Mayor, I move that we give Gary the go-ahead to proceed with getting a contract for the laying of 4700 feet, approximately, of the waterline down Ustick Road through Eagle Road down to - do we go through? Do we go all the way to our boundary with this, Gary? Smith: No, sir. We just go down to Summers. Bird: To the new location of the Summers Funeral Home and to start immediately. McCandless: I second that. Corrie: Motion made and seconded to approve the decision to have the contract be awarded to extend the waterline from the City limits points on Ustick Road east on Ustick Road under Eagle Road and then to Summers Funeral Home property. Any further discussion? Roll-call vote, Mr. Berg. RoIl-calI: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Nothing else on the Council agenda. Watson: John Watson, 1486 North Silverado Place, Meridian. I'll do it real briefly, and then you can ask questions. I would request that the City Council revoke the Conditional Use Permit on the strip mall at the intersection of Cherry and Linder. Corrie: Reason? Watson: That is the Dominoes, the Videoland, the Hoagies. I've been working with the Mayor and the Code Enforcement Officer in excess of 20 months, and they have been non-responsive in correcting their code violations for noise, light and trash. What they have is they have a number of lights that are attached to the top of the building, and they are vented out as opposed to being vented down. So I have lots and lots of light in my backyard. I can read the paper at ( Meridian City Council Meeting April 181 2000 Page 36 ( midnight. I have been finding Dominoes Pizzas, Videoland boxes, all sorts of trash in my backyard. Street sweepers at 6:00 in the morning on Saturday morning 52 feet from my bedroom window. I was - I've been at every Council meeting that the property owner has come and requested additions to his building. He talked about a brick wall, putting up trees, he's put up some trees, and in 20 years they may function properly. They're about two inches thick. I have a six-foot privacy fence on my side. It's about five % feet, maybe five feet on his side. I have a commercial grade dipsey dumpster 47 feet from my house. When they empty the trash at midnight, it sounds like a rifle shot. I've called the police out specifically last June. Police walked in and said, yes, sir, you have a problem. It's going to require you to take them to court and we really can't do much for you. This was at 1 :00 in the morning. The lights are on at 5:00 a.m. give or take a little bit. They're off between 11 :30 and 12:45 at night. I would love for somebody to come by my house at midnight. The Code Enforcement Officer has been working with them for over 14 or 15 months. It hasn't been solved. Quite frankly, the owner's telling me to pound san9. I know you know what that means, sir. Bird: Yeah. I could put it a little differently than that. Watson: I can take care of the problem, but the Chief won't like it because it'll be shooting those lights out, and that's not the answer. But something has got to be done. Corrie: You want to be careful. Someone might shoot the lights out and you're the first one they go to. Okay. Council, questions? Bird: I have a question of Mr. Nichols on this. What's the procedure for this to start to revoke their - how long do we have to give them to either conform or we revoke it? We need to have the Code Enforcement Officer write up some depositions of all that's going on. Nichols: Councilman Bird, Mayor, members of the Council, the typical process that I'd look at is I would pull the file and the Conditional Use Permit on this particular project, review that, talk with the Code Enforcement Officer and see what that file says, and then come back to the Council or the Mayor with the recommendation that if it's the Council's or Mayor's recommendation that we initiate a revocation-type proceeding or some sort of thing that way so we get the Council authorize to do that because that's an extraordinary item. It's also an item that's outside the retainer - give you a budget for that and that sort of thing if that's - or if we look at it and there's another alternative remedy that we recommend, we go from there. It's obviously important enough to this gentleman for him to wait this long and come forward to you tonight. It needs to be looked into. Meridian City Council Meeting April 18, 2000 Page 37 Corrie: I think we should follow that procedure. The Code Enforcement Officer ,has been out there many times. He has made many reports, and I think the Council needs to look at that and see where we're going. Bird: I was just going to suggest what Mr. Nichols suggested that I think you and the Department Heads, I know you don't have anything better to do. Would you get the right stuff done and get it back to us by the 2nd with a recommendation and at that point we can proceed on? If it's outside of the contract; I'm not worried about that bill at all. Can you get that back to us by the 2nd? And either scare the living daylights out of them and get them to conform or take it away from them. Watson: You know, to fix the lights, we're only talking about $20 a pop. Tolsma's fab shop could fix them up right away. He just doesn't want to do it for lack of a better way to put it. Bird: Maybe this way the Mayor will work on it and have something come back recommended on the 2nd one way or the other. Then we'll proceed whatever way he recommends. Corrie: We've done it many times, and we'll just add to it and have him make a final check on it. We've talked many times, and he's got a problem. There's no question about it. (inaudible) get it fixed and then they do something else. (inaudible) get the reports from him and then we'll go from there. Thank you for coming to the Council. McCandless: Mr. Mayor, I have just one question. If we go this route and they suddenly decide that it's time for them to conform, then what do we do? Bird: Well, if they get back within the Conditional Use Permit, then I think they - I'm sure that the Mayor can give them so many days to go back, and then if they conform, they've also got to know that whether they get out of conformity, we're not going to play with them for 14 months again. McCandless: I think it's a good idea. Bird: IS that right? Corrie: I think (inaudible) tonight. Bird: I'd love them to get back into conformity with the Conditional Use Permit because you don't want to lose the business or - you don't want to handicap the owner, but he's not playing the game like the permit says. McCandless: If you let them get away with it, then - Meridian City Council Meeting April 18, 2000 Page 38 Bird: You're going to have it all over the City. Corrie: If they can't do it, then they won't do it. Nichols: Mr. Mayor, members of the Council, if I may have a point of order here. Rather than give the report to the Council members and then create a potential problem with regards to ex parte evidence outside of a hearing process, I would ask that you not provide those reports. You and I and the Code Enforcement Officer can meet and make a recommendation to the Council and proceed accordingly, and then if we have to go through a hearing process, then we don't have that issue. Corrie: Get with the Police Department? Have a meeting and we'll get that information. Bird: You just bring a recommendation back. We don't want to - Mr. Mayor, if I could please. Thursday at noon we're meeting at Ada County Highway District. Mr. Berg gave us an agenda. We need to really be up for it. Are you going to be there, Mayor? Corrie: Oh, yes. Bird; Because you're leaving Thursday. I think Ron will be back. So we need to be there. The next on the 25th is our workshop. We'll start at 5:30 with the Police assessment. Fire. I'm sorry. Fire assessment. Then can we move if it'd be okay with the Mayor and the other Council people, I'd like to move sse up right behind the fire. We had them as NO.3. Then the rest of the time we can be with the Planning and Zoning. That way Planning and Zoning doesn't have to come in and listen to those, too. We can bring them back at a later date. Corrie: That was at 5:30, right? Bird: Right. 5:30 for the fire. Corrie: You're going to bring - Berg: I haven't made any notice or any time or anything yet, but we can do that. My suggestion with Councilman Bird was not to have the P & Z there anymore time than they have to do because they volunteer enough hours. I'd hope that it wouldn't be too late for them because they've had enough late meetings. If you figure an hour and a half for the other items, and then we can bring them in whatever time. Bird: That would bring them in at 7:00, Will, and then we can go for two hours with them. We can all get out at a decent hour. Okay with you, Mayor? Meridian City Council Meeting April 18, 2000 Page 39 Corrie: That's fine. Don't forget the 28th. That's the Department Heads and the City Council retreat. So we'll have some qestu8ons. I know the Department Heads have a lot of them for you. That's from 9:00 to 5:00, and it's at the - in the shopping center. Ameritel. Bring your swimming suits. Bring your checkbooks because you're going to have to have lunch on your own, and then we'll pay for it by the - the Treasurer's going to pay back. We figured you'd kind of want to have a break. There's Applebee's there and there's some other restaurants. We have been meeting at the CEO Boardroom. We'll have coffee and donuts in the first part of the morning and then they're going to bring cookies and stuff in the second part of it and you'll have your lunch wherever you want to go. If you want to all go to the same place, I'll opt for the lunch. Bird: Will you have Will notice it so he don't have a heart attack? Berg: Mr. Mayor, I just don't notice it until it gets closer to the timeframe because we seem to sometimes change times, but it's on my calendar to notice, and it will be noticed. Corrie: That one is set in stone. I already paid the bill. Berg: It will be noticed. Corrie: Any other? Nichols: Mayor, if I may, with permission of Councilwoman deWeerd, just a couple of items. We need to get on the decision on the late comer reimbursements. Perhaps we can put that on the Council agenda for the 2nd of May so that we can do that. The second thing is, we've been trying not to inundate the Council with the Ordinances. I see that in the course of the work I've been doing the last few months, Ordinances sort of fall into two categories. One is major shifts and new policy change type things like the work we've done on the finance director. The second is what I would call housekeeping matters where we need to do something to tweek an ordinance to add something to add to an existing ordinance. What I'd like to be able to do on those housekeeping matters is - and it could be at a workshop where I'm not the agenda. It's hazardous for an attorney to say that he or she will be brief, but I'll do my best to be brief and have a list of items and say we have this and this and this and this so that you know what's coming before I actually bring the ordinance with a revision to the meeting if that's acceptable to you. Bird: Mr. Mayor, Mr. Nichols, I think that is our plan. That sounds absolutely great. On all our workshops, if you've got something, we can give you a time. You bet. That's what we want. We want to look those ordinances over and tweek and if we've got any questions we want to ask you, instead of sitting here until one, two o'clock on a Council meeting, I'd ask those same questions that I'd ( Meridian City Council Meeting April 18, 2000 Page 40 ask at the workshop if that's agreeable with the Mayor and the rest of the Council, I'd like to see that done. deWeerd: I, since Mr. Nichols had mentioned the finance director, and then missed last week's meeting. What is the timeline on that? Nichols: Councilwoman deWeerd, Mayor, members of the Council, the Mayor and I met last week, and I have the description. I have the Mayor's comments. I am to prepare a draft ordinance and then get that to you as quickly as I can. I had hoped to piggy back off of Nampa's, but Nampa does not create the position by Ordinance. So I'm going to have to create one. So I'll - it's on the top of my agenda to create that. deWeerd: So we might get a draft? Nichols: I doubt you're going to have a draft by the 25th. That's- deWeerd: May 2nd for comment and maybe the next? Nichols: I would shoot for May 2nd to get it to you even though it wouldn't be on the agenda. Try to get a draft. The process that I anticipated was that I'd prepare a draft as I understood our meeting which you were involved. Prepare the draft, review the draft with the Mayor and then if he's got some comments, revisions, we'd bring that revised one back to you is what we anticipate in doing. deWeerd: So May 2nd we'll see it? Nichols: That's my goal. deWeerd: Okay. So I'll be expecting it May 2nd. Corrie: Anything else? Okay. So I'll entertain a motion to adjourn. Bird: So moved. McCandless: Second. Corrie: Motion made and seconded. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 9:37 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ---~ ..... (, .: r .l\nA COUNTY R~~::' RECORDED- REOUEST Of" J. ~~!~~ N~Y~~RO ~ --V\ ~ · v..~. 1..-.'-\1.0 .....J fEE'=7 DEPUTY ZOGa (~p 20 Pt1 t: 2 5 ~~ I 0 0 0 2 9 7 0 5 ~ ---- --.. DEVELOPMENT AGREEMENT PARTIES: I. 2. City of Meridian Centers Construction, Inc., OwnerlDeveloper THIS DEVELOPMENT AGRE~ENT (this "Agreement"), is made and entered into this (/;; day of tf'.' L, 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and CENTERS CONSTRUCTION, INC., hereinafter called "OWNERJDEVELOPER", whose address is PO Box 518, Meridian, Idaho 83680. I. RECITALS: 1.1 WHEREAS, "OwnerlDeveloper" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. 967 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" mal(e a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for annexation and zoning of the "Property" s described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8) and Limited Office District (L-O), (Meridian City Code ss 11-7-2 D and"G); and DEVELOPMENT AGREEMENT (AZ-OO-002) - 1 (! ( I::-~'. I ':" l, 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the2Pt1ay of ~, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and aclcnowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-OO-002) - 2 0~~ . ". ~ ~ 1.>-0 "': f designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development O,rdinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. . 3.2 "DEVELOPER": means and refers to Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner( s )/ developer( s) of the "Property". 3.3 "OWNER": means and refers to Owner of the property as described in Exhibit "A", Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680. 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of DEVELOPMENT AGREEMENT (AZ-OO-002) - 3 t I- ( ...-. l Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7 -2 D and G which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two- family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product . manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. DEVELOPMENT AGREEMENT (AZ-OO-002) - 4 {~., 1_ f . r--"'. , ( For the constmction and development of professional offices and townhouses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"O\Vl1er" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks Department. 6.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-OO-002) - 5 (:;: . I .:::-~ 6.3 Any development of this property shall be conducted under planned unit development procedures and as conditional uses. 6.4 The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional use permit process. The Planning and Zoning Commission and City Council shall set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval will run with the land. 6.5 A minimum landscaped setback of 20 feet beyond required ACHD right-of-way shall be provided on Locust Grove Road. Buffering of adjacent properties form the office use will be reviewed as part of the conditional use permit. 6.6 Dedicate 48-feet of right-of-way from the 'centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 6.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewall( on Locust Grove Road abutting the site, approximately 220-feet. 6.8 Locate any proposed streets to offset a minimum of 125- feet (measured centerline to centerline) from any proposed! existing streets. 6.9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6.10 Direct lot or parcel access to Locust Grove Road is prohibited. DEVELOPMENT AGREEMENT (AZ-OO-002) - 6 l~1 <. ~~-. / 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Ovvner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance br policy, notify the City Engineer and request the City Engineer's inspections and written approval of ~uch completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"j" Owner" , "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the UCity" DEVELOPMENT AGREEMENT (AZ-OO-002) - 7 ~ r.'-.', I t) '.. ( upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer "/" Owner" , prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute .and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competen.t jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, DEVELOPMENT AGREEMENT (AZ-OO-002) - 8 ~- J- ' ~ ( C'- ( if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"j"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"j"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-OO-002) - 9 Go." t- . I /-_-:- ~ { 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Centers Construction, Inc. PO Box 518' Meridian, Idaho 83680 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. AITORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ-OO-002) - 10 /'!. _. t~, ~ ( ..' ~ ( ~ 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT (AZ-OO-002) - 11 {0. (' , pl ( amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-002) - 12 ~ c-; , ( r.:'-::- ( ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. CENTERS CONSTRUCTION, INC. BY: Allen Lee Centers, Af1:;~V\AU ~N\ ,~ Dianne Centers, Secretary BY RESOLUTION NO. CITY OF MERIDIAN BY: DEVELOPMENT AGREEMENT (AZ-OO-002) - 13 ~ /~ t.., ( , STATE OF IDAHO ) :ss COUNTY OF ADA ) On this t.,fh day of A-pr/J , in the year 2000, before me, Ca.J!Jtn'r1t. E. l/obJ~ a Notary Public, personally appeared Allen Lee Centers and Dianne Centers, known or identified to me to be the President and Secretary of Centers Construction, Inc., who executed the instrument on behalf of Centers Construction, Inc. and acknowledged to me having executed the same. (SEAL) .., .......,.. .~,..' '0 l~! E E '''##~ ~. G.1='" . A. ~~ .... ~v.o~~....~.... cYO" ~ ,: ^-. . .. ~, ! u~l.. ,',.) T A~~... ~ \ : . : : ..... -*. * ;. ... PUBL\C ':. .o^ . -:, \.I)> e.. 0 .,,4' ~ l' ........ t--~ #.#~#. :s 0 F 1'0 ...,."......".. ~ f-- '-f/JJttL Notary Public for Idaho Commission expires: /0 /;)7/2,;70 3 STATE OF IDAHO ) :ss County of Ada On this l~~ day of ~ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and Wilfiam G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... .. "'t1 tT.o ..~ ~:.-- G ... .~~OT~~\. ... .~" ~ .J... \ .. . I \ " . : * *' * tN- . CI) I I...... II . ' '........ . . \ : . . \ , . · ' A-_ . '. ..~~?i~~lS~O... .... OFIP.... ..... Nota blic for Idaho Commission expires: If .....0\:I-15b DEVELOPMENT AGREEMENT (AZ-OO-002) - 14 C.,".. (- 'J I'~" EXHIBIT A Legal Description Of Property MEDIUM DENSITY RESIDENTIAL (R-8) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010'20" W 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast comer of the northeast quarter of the southeast quarter of said Section 6; thence S 89030'00" W, 216.06 feet along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning: Thence continuing S 89030'00" W, 765.86 feet (formerly described as S 89052'W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the southeast comer of Meridian Place Subdivision No.1, as shown on the official plat thereof on file in~ the office of the Ada County Recorder; Thence N 00007'00" W, 259.32 feet (formerly described as North 257.37 feet) along the easterly boundary of said Meridian Place Subdivision No.1 to the southwesterly boundary of Gem Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 81 053'30" E, 298.93 feet (formerly described as S 81 035'30" E, 298.92 feet) along the southwesterly boundary of said Gem Park Subdivision; Thence N 89003'50" E, 468.58 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Parl( Subdivision; DEVELOPMENT AGREEMENT (AZ-OO-002) - 15 r" ( " -(~'. ( , Thence S 00030'00" E, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning. Comprising 3.940 acres, more or less. Subject to easements or right-of-ways of record or apparent. AND LIMITED OFFICE (L-O) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast comer of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter comer of said Section 6; thence N 00010'20" W, 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast comer of the northeast quarter of the southeast quarter of said Section 6, which is the Real Point of Beginning: Thence S 89030'00" W, 216.06 feet (formerly described as S 89052' W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6; Thence N 00030'00" W, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6, to the southerly boundary of Gem Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence N 89003'50" E, 217.32 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Park Subdivision to the easterly boundary of said Section 6; DEVELOPMENT AGREEMENT (AZ-OO-002) - 16 o e- - :! ( (-,.,"t., ( Thence S 00010'20" E, 219.79 feet (formerly described as S 00008'2011 W, 219.00 feet) along the easterly boundary of said Section 6 to the Real Point of Beginning. Comprising 1.089 acres1 more or less. Subject to easements or right-af-ways of record or apparent. DEVELOPMENT AGREEMENT (AZ-OO-002) - 17 r: ( \ tf....c-. . (' EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Centers Subd\DevelopA~ DEVELOPMENT AGREEMENT (AZ-OO-002) - 18 April 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor Robert Corrie April 18, 2000 ITEM NO. 1 O-D-l-C REQUEST Appointments to Commissions - Downtown Development Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HtGHW A Y DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 1{1~ v c4O~ Materials presented at public meetings shalf become property of the City of Meridian. April 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT City Treasurer - Janice Smith ITEM NO. 1 Q-A-1 REQUEST Treasurer's Report AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: \~~ Materials presented at public meetings shall become property of the City of Meridian. April 1 3, 2000 MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Police Department - Chief Gordon Department Report ITEM NO. 1 Q-C- 1 REQUEST Professional Services I Architect for new Police Department building AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~~ I/ll ~ rt Materials presented at public meetings shall become property of the City of Meridian. April 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Fire Department - Chief Ken Bowers ITEM NO. 1 Q-B-3 REQUEST Change Order No.5 Franklin Road Fire Station AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ,yY rf9. ttrr' INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( Meridian Fire Department Memo From: Mayor Corrie, City Council, Will Berg, and Rural Fire District Chief Kenny Bowers ..../1 jj : 4/14/00 f'.~ To: Date: Re: Change Order #5 The change order will be for the Fire Station on Franklin Road: 1 Already approved by the City Council on 1/4/00 2 Already approved by the City Council on 1/4/00 3 Change door swing on door 103 - $575.00 4 Change double check valve to a reduced pressure valve as requested by the City of Meridian - $785.00 Total $1360.00 Thanks . Page 1 Change Order OWNER ARCHITECT CONTRACTOR FIELD OTHER ~] ~] [~] [ ] [~] AlA Document G701 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AITORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. PROJECT: (name, address) Meridian Fire Station Franklin Road Meridian.. Idaho 83680 TO CONTRACTOR: (name, address) Beniton Construction Co. Po Box 838 Meridian.. Idaho 83680 The Contract is changed as follows: 1. Steel beam splice 2. Supervision.. overhead.. profit and bonding for the Idaho Power Change order # 1 3. Changed door swing on door 103 4. Change double check valve to reduced pressure valve as requested by the City of Meridian Water Deoartment. CONTRACT DATE: 30 Julv 1999 CONTRACT FOR: General Construction $2..448.00 $613.00 $575.00 $785.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed maximum Price) was Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed ~faJdmum Price) prior to this Change Order was The.(Contract Sum) (Guaranteed ~faximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed ~1:mdmum Price) including this Change Order will be The Contract Time will be (increased) (decreased) (unchanged) by (Q) days. The Date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. $1..034..218.00 $18..852.16 $1..053..070.16 $4..421 $1..057..491.16 ARCHITECT ZGA Architects and Planners CONTRACTOR Beniton Construction Co. / BY: / Address PO Box 838 Meridian.. Idaho 83680 BY: DATE: OWNER City of Meridian Address 33 East Idaho Meridian.. Idaho 83642 BY: DATE: AlA DOCUMENT 0701 · CHANGE ORDER. 1987 EDITION · AlA · COPYRIGHT 1987 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N. W., WASHINGTON, D.C., 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Fonnat - G701-1987 User Document: CO#5.DOC -- 4/7/2000. AlA License Number 116384, which expires on 1/31/2001 - Page #1 ( April 13, 2000 Department Report MERIDIAN CITY COUNCil MEETING APPLICANT Mayor Robert Corrie April 18, 2000 ITEM NO. 1 Q-D-l-B REQUEST Appointments to Commissions - Parks and Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: 0l Q;VVVV (l if~lt ~ . tttcU r ) , c,C/' f k/~ f"-O INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( April 13, 2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor Robert Corrie April 18, 2000 ITEM NO. 10-D-1-A REQUEST Appointments to Commissions - Historical Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: Jr~} 1v f ~i~ ~~ ~r!v vV' o1f INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at pubfic meetings shall become property of the City of Meridian. ~~.:7~-X~~'~: -~ 'iJ".:':"~"{~~'::-.;' .c .... - - II. . ~-:~f~t,". -~ ", ~;fi}~l~: · ~~~~l~":~ .... I~t~~(:; ~~~),. . ~:~!~-< ~~ ~ I I 00- ~ir;;E:; .'~.. ~I~~r. '~-4. ~~~e :~r ~:i~~~:Ii~~s ~~~~~I: ~':~~:~~~i~oi:: =:~~:~~ fr~J~f' ~~~~~~~ s~~~~~. of Meridian schedule to complete the water installation, if I~~l .... ::S:5. I have talked. to Winston Moore and he says he will ~'~~i~f:" .~..' . :;==n~: ~o::ra~:~s~~ ::~ ~ :i: ti:~' The -...... 4" -.;: ~' _\ ~.'f; , '" ~ ~ j"'~ It.. .. ~~- . -' . RECEIVED APR 1 8 2000 arv Of UElUDIAN ".Memo --"To: Mayor & City Council . "Fnan:Gary D. Smith, PE /" A ,. CC: file 1./ y--- .~:Date: 04/18/00 -~--:Re: . ,Summers Funeral Home - Ustick Road ~'The following information is presented to update you on the feasibility of City of ~ -:i:Meridian providing water service to this project site. .. .1. . Meridian. City-Rural Fire Department wrote a letter stating construction for this , ::project can go forward to a point when combustible materials are being installed :~.::. "i~;jf the contrador provides an 8,000 to 10,000 gallon water tank on site. At the ~:,';;:i~';jttime combustible materials are installed a steady water supply is required. ,'':'2. Summers Funeral Home will participate in constructing the water main from ,~-~agJe Road to their site. . ..:-3. -:Estimated timing for the City 'of Meridian to complete this 4700 foot extension of rwater line is August 15, 2000. We not required to go through the engineer ';.--?selection process. This project can be an addition to the work done for us earlier '7]this year by JUB Engineers for our "City-Wide Distribution Improvement Project." From the desk of.. . Ga:ry D. Smitl\. PE Meridian City Engineer l\4eridianPublic Worl<s Departnett 2OC) E. CarltonSt, Suite 100 ~di.aI\. ldaOO 83642-2600 -- \'-'-<-~'. - ~:;'f~ _,c. w: : _ " ..t- _- ~~t~~~ '. .' ~ ~~-:. - -~~~r '>-:-- :~i:: :'~:~. ,- ~', ~ - :.~:, ; .-;;:~~Page 1 (200) 887-2211 Fax: (200) 887-1297 .j....~ . :..-::-:' ':: ..~. - , ~;i; .~'~. - - .f4 ~;; ~, 6. I have talked with Hawkins-Smith and they indicate they will also cooperate in the extension costs of the main. I have revie\Ned with you, the water line location for United Water Idaho in Ustick Road and the reported timing for them to extend their line to service this proposed project. Construction of commercial facilities at the Southeast and Northwest comers of Ustick Road will also need city sewer. The extension of city sewer to this area was placed on a. high priority by you at a recent planning session. The decision to be made is whether or not the city should extend their services to this " area, when it is not ~djacent to existing ~ty limits, to protect our Impact Boundary. >j,~-: n. '_ :'Jt-~(: j~ :~;.~_ L ~ - ~~~t,\~,~:, ~;f~;'~;P-'_!~~'?1 +'~ ~. ~ 'ij:~<~:. ' :~~." I~,;t:~:~'>",;,~~.,~, " 4-::.'.it:.."'~~t...:- 0>.' " " _. -. -, -, _', - ~,,-~~'~': : ,'~ ~~~~v. ." - ~~~~',.,. ' , rl~:i~. ',' '. ~_~l2: -~~-+ :'7> alf ,. :~ .~ - .~;<, ,'.. ~Pt~~ . F."';~H~'. ~.~r~f.{ ~. '- ~~: f ~/?; ~ ~~~~~: ~1:( ~'fI' ~~,. rI :. ~ __ ~"'!~- i!i"_,: /: ' :'/~~-:~~~ ." ,"f~.eage2 ~'~~~ /. -. ~~~r;~~. -, .0 lftl!?~i~\. ::'~ o 2: W g ~ ::> ~ "-' r:1~~ Id1II .... :J: ~~~ .~a I- W W :I: Zen <(2 -- O. _2 ~S2 wen ~C) LL~ O~ >-~ ....:7: - UU - --I OJ ::) a.. ( BEFORE THE MERIDIAN CITY COUNCIL 04-06-00 IN THE MATTER OF THE ) APPLICATION OF ) TOUCHMARI( LIVING ) CENTERS - JOSEPH A. BILLIG, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 157.876 ACRES FOR ) TOUCHMARI(LDnNG ) CENTERS, LOCATED EAST OF ) ST. LUI<E'S MEDICAL CENTER, ) MERIDIAN, IDAHO ) ) Case No. AZ-99-0021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 4,2000, at the hour of 7:30 p.m., and Brad Hawldns- Clarl(, Assistant Planner in the Planning and Zoning Department, appeared and testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, Bernie Neal, and Steve Bradbury, and appeari11g and testifying in opposition or with comments or concerns were: Richard Willis, Glenn Griffith, Natalie Fuss, Trisha Griffith, Forrest I(erns, Jeff Fuss, Wesley Hoalst, John McCreedy, and Chucl( Gearsdorf, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for April 4, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration Inore than fifteen (IS) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 4, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and sublnit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) ( current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 157.876 acres in size and is located east of St. Lul(e's Medical Center. The property is designated as Touchmark Living Centers. 5. The owner of record of the subject property is the Touchmark Living Centers Inc., Beaverton, Oregon. 6. Applicant is Joseph A. Billig, of Touchmarl( Living Centers. 7. The property is presently zoned by Ada County as R-3 C-2 and R-T, and consists of bare land. 8. The Applicant requests the property be zoned as (L-O) Limited Office. 9. The subject property is bordered to the north, east and west by the city of Meridian, and to the south by the interstate 1-84. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: as a Mixed Use Retirement Community. 13. The Applicant requests zoning of the subject real property as L-O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 15.1 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Lul(e's Meridian Medical Center, 1-84, and a portion of Franklin Rd. 15.2 The proposed L-O zone for the project is acceptable. Planned Unit Development-General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L-O zone. 15.3 An initial review of these parcels in regard to the current Comprehensive Plan Update process was Inade. City Council ordered Findings of Fact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L-O zone would be compatible with this land use designation. 15.4 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 15.5 The following landscape buffers shall be required: 50 feet minimum along 1-84 (will allow an 8' berm at 3: 1 slope) 35 feet minimum along Franldin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 15.6 A Development Agreement is required as a condition of annexation. 15.7 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project. 15.8 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7- 517 . Wells Inay be used for non-domestic purposes such as landscape irrigation. 15.9 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.10 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.11 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. All site drainage shall be contained and disposed of on-site. 15.12 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 15.13 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.14 Provide five-foot-wide sidewall(s in accordance with City Ordinance Section 11-9-606.B. 15.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of Central District Health Department as follows: 15.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 15.17 Run-off is not to create a mosquito breeding problem. 15.18 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 15.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storffiwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LMNG CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 15, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as (L-O) Limited Office District allows groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses and requires connection to the Municipal Water and Sewer systelTIS and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) the subject property as Mixed/Planned Use Development. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 The application is consistent with Meridian's self identity. 19.4 The preservation and improvelnent of the character and quality of Meridian's man-made envir011ment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYTOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may tal(e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1 975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4. 7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: Goal 3 is "to encourage the l<ind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Economic Development 1.1 The City of Meridian shall mal(e every effort to create a positive atmosphere which encourages...commercial enterprises to locate in Meridian. 1.3 The character, size improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Land Use 1.4U Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 2.1 U Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parl(s within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U Encourage comlnercial uses, offices and medical-care uses to located in the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation 1.4U Monitor and coordinate the compatibility of the land use and transportation system. 1.20UEncourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Space.. Parks and Recreation 2.5U New subdivision development...will be considered as opportunities to...encourage the development of recreational open spaces and parks as part of new planned developments. Housing 1.1 The City of Meridian intends to provide for a wide diversity of housing types...in a variety of locations suitable for residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 1.4 The development of housing for all income groups closes to employment and shopping centers shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U Establish land-use designation that reflect the character of existing neighborhoods. 6.11 UPromote well-planned and well-designated affordable housing in all Meridian neighborhoods. 5. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a Mixed Use Retirement Community on this parcel of land. 7 . Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the comlnitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) commitment is binding on the ovvner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent ovvners and each other person acquiring an interest in the property only if the subsequent ovvner and each other person acquiring an interest in the property has actual notice of the comlnitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 157.876 acres to Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 157.876 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which provides in the event the conditions therein are not met by the Applicant that the property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) 3.1 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Lul(e's Meridian Medical Center, 1-84, and a portion of Franldin Rd. 3.2 The proposed L-O zone for the project is acceptable. Planned Unit Development-General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L-O zone. 3.3 An initial review of these parcels in regard to the current Comprehensive Plan Update process was made. City Council ordered Findings of Fact and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L-O zone would be compatible with this land use designation. 3.4 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 3.5 The following landscape buffers shall be required: 50 feet minimum along I -84 (will allow an 8' berm at 3: 1 slope) 35 feet minimum along Franldin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet -minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 3.6 A Development Agreement is required as a condition of annexation. 3.7 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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 Worl(s Department. No variances have been requested for tiling of any ditches crossing this project. 3.8 Any existing domestic wells and/or septic systems within this project will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) have to be removed from their domestic service per City Ordinance 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.9 Off-street parl<.ing shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.10 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and Il-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.11 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 parldng areas. All site drainage shall be contained and disposed of on-site. 3.12 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.13 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 3.14 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3.1 7 Run-off is not to create a mosquito breeding problem. 3.18 Stormwater shall be pretreated through a grassy swale prior to discharge FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) to the subsurface to prevent impact to groundwater and surface water quality. 3.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District, Meridian City Code 9 11-7-2 G. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Warks Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who Inay 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. is -Ii- By action of the City Council at its regular meeting held on the _ day of Jf;ln~b , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED d~JRpvf- COUNCILMAN I<EITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED$'-" COUNCILMAN CHERIE McCANDLESS VOTED $?<../ MAYOR ROBERT D. CORRIE (TIE BREAl<ER) DATED: 4--125--00 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) MOTION: APPROVED: &- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY~~~~/ 9- City Clerk Dated: 1-,-/ f} .-!l1) msglZ:\Work\M\Meridian 1 5360M\Touchmark Living Centers\AZFfCIsOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARI( LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021) ( April 131 2000 Department Report MERIDIAN CITY COUNCIL MEETING April 181 2000 APPLICANT Police Department - Chief Gordon ITEM NO. 1 Q-C-2 REQUEST Paint the Town liability insurance waiver AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: uv~~ ~~ VJ rLS~ ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. rlt"'" ..L J. UU ~ J. ; ~O<dl nc.ro;;~u~n., r-ULll..,.1::. tsts~::>U-I.1 p. 1 VOLUNTEER TEAM APPLICATION DEADLINE FOR ApPLICATIONS: FRIDAY, APRIL 23, 1999 DATE: NAME OF GROUP OR QRGANIZA TION: GROuP COORDINATOR/TEAM LEADER: ADDRESS: ALTERNATE GROUP CONtACT: ADDRESS; TOTAL NUMBER OF VOLUNfEERS ExPECTED TO BE REcRUITED: A TEAM MUST HAVE A MINIMUM OF TEN PEOPLE, AND PREFERABLY TWENTY. ON THAT BASIS, HOW MANY TEAMS DO YOU ANTICIPATE? (If more than one team is anticipated, please provide team leader contact information for each team as soon as pOSSible. ) WE WOULD PREFER TO PAINT: A HOME ANOTHER PRo.mc:r EITHER ONE PHONE: (w) PHONE: (w) (FAX) DO YOU HA VE A SPECIFlC HOME OR PROJECT YOU'D LIKE TO PAINT? ANY COMMENTS OR SUGGFSrIONS: WAIVER DUE TO THE PROHIBITIVE COST OF INSURANCE, WE WILL AGAIN BE PROVIDJNG NO COVERAGE FOR THE TEAMS, EITHER MEDICAL OR UABILITY. OUR INSURANCE REPRESENTATIVE FEELS THAT, IN MOST CASES, THE TEAM MEMBERS WOULD EITHER BB COVERED BY THEIR CORPORATIONS OR BY PERSONAL POLICIES. SIGNATURE OF THE TEAM CAPTAIN ON THE LINE PROVIDED INDICATES THAT YOU UNDERSTAND AND DO HEREBY RELEASE NHS AND THE P1T SPONSORS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURIES. DATE PLEASE RETURN THE COMPLETED APPUCATlON.'T : (OR FAX TO: 343-4963) . NRIGHBORHOOD HOUSING SERVlCE'S, INc. P.o. Box 8213 BOISE, In 83707 THANKS AGAIN FOR YOUR HARD WORK AND SUPPORT! APR 11 '00 12:10 8845077 PAGE.01 MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Jim Johnson JJ~ FROM: William G. Berg, Jr. DATE: Tuesday, Apri/11, 2000 RE: Liability Please respond to the waiver section arthe "Paint the Town" application as to the liability to the City of Meridian. Police Chief Bill Gordon has some concerns about this waiver and has asked to be place on the City Council April 18th meeting agenda. I would like your input as well as ICRMP's. Please respond in writing so I can pass the information on to the Mayor and City Council. Thanks. ....;. . April 13, 2000 MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Sarah and Michael Bledsoe V AR 00-004 ITEM NO. REQUEST Variance in requirements of hook-up to City services o AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attorl- 1 Findings ~~Cb vJl/ ~f~ Materials presented at pubfic meetings shall become property of the City of Meridian. 9t1 0 ... q& 26 lJlVl L/ !ILj ~ (' RECEIVED APR 1 3 2000 interoffice MEMORANDUM City of :\loridian City Clerk Office To: William G. Berg, Jr. I~ Wm. F. Nichols rf SARAH AND CHAEL BLEDSOE VARIANCE From: Subject: File No.: V AR -00-004 Date: April 11, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their April 4, 2000, meeting. The Findings will be on the Council's agenda for April 18, 2000, meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public W orl(s and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. msglZ:\Work\M\Meridian 15360M\Bledsoe VAR in Hookup to City Services\ClkVAR040600.Mem :RE C E IVED APR 1 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SARAH AND MICHAEL BLEDSOE FOR A VARIANCE TO ALLOW EXCEPTION TO CITY ORDINANCE REQUIRING HOOI(UP TO CITY WATER AND SEWER, 2850 NORTH OLD STONE WAY, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) V AR-OO-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on April 4, 2000, and Brad Hawl<ins-Clarl(, Assistant Planner for the Planning and Zoning Department, appeared and commented at the hearing, and appearing on behalf of the Applicants was Nick Voth from Southern Idaho Builders, Inc., who appeared and testified, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby mal(e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT I. The City Council tal(es judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) and all current zoning maps thereof and the COlnprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The notice requirements of Idaho Code ss 67-6509, 6516 and S 11-18-3 as evidenced in the record of this matter have been lnet. 3. The Applicant is Sarah and Michael Bledsoe, 2850 North Old Stone Way, Meridian, Idaho. 4. The location of the subject real property is south of Ustick Road between Linder Road and Ten Mile Road, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, as described in Exhibit "A" attached hereto as if set forth in full hereat. 6. The present land use of subject property is presently zoned as (R-4) Low Density Residential. 7. The proposed land use of subject property is to develop the subject property in the following manner: The Applicants intend to add on to their house to provide housing for the care of parents. 8. The Applicant seel<.S a variance from the following provisions of the Meridian City Code, S 9-1-4 A USE OF CITY WATER REQUIRED and S 9-4-8 A and B REQUIRED USE OF SEWERS, which provides for "connection to City water and sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 8 ORDER OF DECISION GRANTING A V ARlANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) if property is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public water or sewer of the City. .. ." 9. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are that the property is approximately 405 lineal feet from the sewer stub at the street that borders their easement/driveway. In order to achieve the required rate of faIl per foot specified by the Building Code, Applicants would have to dig to the sewer main in the middle of the street. 1 O. The minimum requirement of the Ordinance that would need to be reduced to permit the proposed use would be the exception to the requirement of connecting to water and sewer in order for Applicant to obtain a building permit for their proposed addition. II. The difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property are addressed in a letter from Nick V oth / CEO of Southern Idaho Builders, Inc., and attached hereto as Exhibit "B". 12. The unusual or peculiar circumstances which indicate that regulations of the Ordinance should not be strictly compiled with, is that, the subject property and house has its own artesian well and septic system. There are no problellls with the well or sewer system. Flow rate of the well is lllore than adequate for current and proposed use; water is lab tested at least yearly and septic is pumped every three years, or sooner if needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) The septic was pumped the fall of 1 999, just prior to the Applicants purchase of the property. There will be no additional water usage or sewage production with proposed use as the parents are presently living with the Applicants. The proposed addition would add a more appropriate and private area in which Applicants' mother can be cared for. 13. Special conditions and circumstances which exist pertain to the Applicants easement which is narrow and there is a slight slope to the sewer stub, as is addressed in the letter marked Exhibit "B". To meet City Code would require excessive expense and to no benefit. The existing water and sewer system is preferred by the Applicants. 14. A literal interpretation of the provisions of the Ordinance addresses the fact that the new addition will not change the use of the property. The City did not require the previous owners to connect when the sewer lines were laid. Applicants desire the same rights enjoyed by the previous owners. 15. The special conditions or circumstances exist that were not a result of the Applicant's action are that the property existed prior to sewer availability. Applicants purchased the property in "good faith" partly for the artesian well and septic system. The previous owners were not required to connect to City systems, and the use of the property will not change. 16. The variance requested comes from the fact that the Applicants did not request a change, as they desire to remain the same. The variance is not profit oriented, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) it is due to practicality. 1 7. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area. 18. The granting of this variance will not have an effect of altering the interest and purpose of the City's Comprehensive Plan. 19. The applicant paid the fee established by the City Council for application variance. 20. The Applicant is required to obtain approval by the Central District Health Department. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in S 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) in Idaho Code SS 67-6509, 6516 and SS 11-18-2 through 11-18-5 Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in S 11-18-2 Municipal Code of the City of Meridian, and the findings which are required are set forth in S 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrilnental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. The provisions of the Meridian City Code, S 9-1-4A USE OF CITYWATER REQUIRED and S 9-4-8 A and B REQUIRED USE OF SEWERS, which provides for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) "connection to City water and sewer if property is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public water or sewer of the City. .. ." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The Applicant is hereby granted a variance of the provisions of the Meridian City Code, S 9-1-4 and S 9-4-8 A and B for the real property described in the attached Exhibit "A", subject to approval by the Central District Health Department. 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 or denial of a variance authorizing a variance of the Meridian City Code, S 9-1-4 and S 9- 4-8 A and B, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ([3-6- day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) ~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED a~J~ COUNCILPERSON TAMMY deWEERD VOTED $"--'- VOTED~ COUNCILMAN I<EITH BIRD COUNCILPERSON CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 4--/&.~OO MOTION: APPROVED:ID---;-- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department, and the City Attorney office. Dated: 1~!g~tJtJ msglZ:\Work\M\Meridian 15360M\Bledsoe VAR in Hookup to City Services\FtClsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 8 ORDER OF DECISION GRANTING A VARIANCE / SARAH AND MICHAEL BLEDSOE (V AR-OO-004) p,71I(.,.€/j'f/~"" .. .. I . (- ..' {Or. A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave I Boise, Idaho 83704 I (208) 377-2700 WARRANTY DEED For Value Received CORY M. SWAIN and LORI LYNN SWAIN, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto MICHAEL A. BLEDSOE and SARAH A. BLEDSOE, husband and wife .i' hereinafter referred to as Grantee, whose current address is 2850 N. OLD STONE WAY, MERIDIAN, ID 83642 the following described premises, to-wit: SEE EXHIBIT HAil, ATTACHED HERETO AND MADE A PART THEREOF, BY REFERENCE AND WHICH IS COMPRISED OF ONE (1) PAGE. To HAVE AND TO HOLD the said premises, with their appunenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the . owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. STATE OF IDAHO S5. COUNTY OF ADA On This 28TH day of OCTOBER, in the year 1999, before me, a Notary Public in and for said State, personally appeared CORY M. SWAIN AND LORI LYNN SWAIN. known or identified to me to be the person(s) whose narne(s) are subscribed to [he within Instrument. and acknowledged to me that they executed the same. ..' _., ..~~~~>C1. . t:..'"-;.:"~ \ I. .~.:- T Ai?}, .".... '\ . - ~--~ j*S . · Pl}' L\C: = ~ ,,}'); .....0 ~. 0 i ..~" ~~ ,.....&.....< ~ ......:- f:... ... ~... .....-... :.,.... -:> A'f (J d3 /...s <,.-1 . 1 j;,-c(~ /.> Notary Public of Idaho Residing at Boise, Idaho Commission expires: 02.02.2002 Exh/~h/~f l/f/~ /013 Number: P185010 (, SCHEDULE C land referred to in this Commitment is described as follows: THE FOLLOWING AFFECTS PARCEL I: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 'WEST, BOISE MERIDIAN, THE REAL POINT OF BEGINNING. THENCE WEST ALONG THE 'NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 1285 FEET TO A POINT THENCE SOUTH 339 FEET TO A POINT; THENCE EAST PARALLEL TO THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 1285 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 339 FEET ALONG THE EAST BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO GEALY-JOHNSON PARTNERSHIP BY DEED RECORDED SEPTEMBER 15, 1986 UNDER INSTRUMENT NO. 8654420, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF AND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE IRON PIN MARKING THE NORTH ONE-QUARTER CORNER OF THE SAID SECTION 2; THENCE SOUTH 00 DEGREES 15' 38" WEST 1367.81 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID NORTHWEST QUARTER OF SECTION 2 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2; THENCE; NORTH 89 DEGREES 17' 1611 WEST 350.00 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 17' 1611 WEST 935.00 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2 TO A POINT; THENCE SOUTH 00 DEGREES 15' 3811 WEST 339.00 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2 TO A POINT; THENCE SOUTH 89 DEGREES 17' 16' EAST 1121.02 FEET ALONG A LINE SOUTHERLY OF AND ~PARA[LEL WITH THE SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER-~F-SECTION 2 TO A POINT; THENCE NORTH 28 DEGREES 23J 19" WEST 387.96 FEET TO THE POINT OF BEGINNING. THE FOLLOWING AFFECTS PARCEL II: LOT 7 IN BLOCK 8 OF FIELDSTONE MEADOWS SUBDIVISION NO.5 ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGES 7614 AND 7615, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION ExA /b/f III I{ d 0.('3 ~ 3: w z o t- en c ...Ie.. O<c z~ ~~ co - NZ .0 W- 0> en c w ...I III :I: <C 0:: <C CIJ- "Tti)~f~~~;~'/ ;-: ':~ J~rg;:r .. ~ .J-:Lj t.LJ rJ1 // o o (Q ~ o o N ~ ) o o CO o o ..q- o Ex lu b,'f ';4 " 3 01'.3 ,{ ;;-,.;}Y,--0 0~~~1~'/ i :t:~ j r ( Southern Idaho B'liHders~. Inc. 819 EasT VViIZo-vv, Caid1vell Idaho 83605 208-45"':'-781: *20[:-89./ -199 j .--;:: C_"'-: 455-6"753 D~cemDer 5 ~ 1990 To "vvnon1 I: Iv1a:/ C 011cem: Belo-vi/ is an estimate for hook-up to 1vferidian Cit~l Sevier for Ivfichael and Sarah Bledso,=. TIle disrance from their existing sewer pipe to the seVier stub at the streeT is approximatel~' 405 lineal feet. To achiey~e the required rate of fall per foot specified by tIle buildin~ code \ve \vill ha've to dig to the se\\rer il1ain in the middle of the street. This in tllffi driY'es the cost and hassle considerabl~r higher. Tv~ro other factors raising t11e cos~ iIl this situation are the narro\~' 'easement/lane and tile depth of se\'ve:- line. The esrin1are b~lo-y\' refl~2ts all COSTS required IO insTal1 the s~\ver line to bllildin5 :.ode sp~::iiisalions aIle rerun: Ine Bledsoe - s properI}p to its onglna~ conalTlon. E S Trr~/=_L.... T'L : ~ ...~- 1 ra:l: riG ~ Sl:id Loade:- DUll1p Truck: Back Hoe Trench Box Rental Sewer Pipe (Schedllle 40) Se\ver Fittings 'llater Line and Fittings (200psi) Boxes for sewer clean-outs % Cllip Gravel for bedding sewer pipe % Road Mix for drive repair Pit Run for drive repair Sand for filling Septic Tank Inspection Fees Sod Replacement Sprinlcler Repair Tree and Shrub Removal Tree and Shrub Replacement Saw cut Road and Sidewalk Digging and haul-off of road debris Gravel and cOll1paction of road base Asphalt Patching and concrete for walk Rental of barricades and blocking of street Total NickVoth/ CEO /~~~,~\ f ~-( O. - S3~67G.OC S400.00 Sl~560.00 Sl~220.00 $500.00 $500.00 $250.00 $550.00 $375.00 $300.00 $270.00 $260.00 $175.00 $150.00 $500.00 $350.00 $340.00 $850.00 $375.00 $1,000.00 $3~200.00 $1~025.00 $375.00 $18.195.00 ELh.-, '-h/-f "8 /1 REc}~r\}l~D RESOLUTION NO 3! 7 MAR 1 4 2000 Cw' o. R ~:ffT~1{' Y. 1!1; T A 1f.T. .!. . 4. ... i..LL.i.t- ~l.l..J llll , BY: /4/"f1L tJlrc0' C" Jj fp j,V1Vcd k.e ~b-e1.--' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-OO-002) - 1 of 2 ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (g ~ dayof ~ ,2000. - AP~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~dayof ~ ,2000. ~ ~\,.\ 'Of-\1"11'~.tf Itllll I, ,..\.\.~~ "'1', ~~... r.)'~ . ~~ ~ b.,..... ~ : '() ~ ~ ~ ~ ~ ~ ~ ... ATTEST: Resolution (AZ-OO-002) - 2 of 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerl( of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the custodia_n of its records a11d minutes and do hereby certify that on the I g/j. day of ~ ' 2000, the following action has been tal(en and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a11 agreement with CENTERS CONSTRUCTION, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "A" to this Resollltion, the reasons and authority for which are as set forth i11 said Agreelne11t. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Clerl( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridia11 and CENTERS CONSTRUCTION, INC., a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terlTIS a11d conditions. ~,t1ti~mf"'1 "'~.",.; ~,~,,, /c1, V' ~~.." I C1~~ ~-;.\ ~ c ~ :.;- ; SEAL i ; ~ ,l!) S \ -y~ ~,~; 1~ . ....1:$"' '.jJ j ~; ~~j ~~ ,$" if;l rrV ~ ,~ ~/^ , 1 \. ",...... STATE OF IDAHO, Ylril;!Jl~i\~~'\\\'\ : ss. County of Ada, ~this ~lr;tl d~y of Apn'/ , in the year 2000, before me, " 1 h-~ ~ 7A1.-' , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to Ine to be the City Clerl( of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ........ .. '<2 tl .. .. ~.-!:!:.--..9wd .. .~~OT~,~~:!. :4i." ~ :):... "~. :~:' *** \~~ .CI3. . . , ' . . , I . . \ 1 . o , " 111 ...~~~!S:io... ..~~OF1Q~. z:\ W or k\M\Meridian 15 3 60~Qwli jEt~d\CertofClerk (SEAL) Certificate of Clerk (AZ-OO-002) - 2 of 2 Nota ublic for Idaho Commission Expires: q-l-b -DO '--if};/JJti l/:JJ RECORDED. REQUEST OF ,iOA CUUNTY REc'OR5ER~~ ~ .J. D/~.VIO NAVARRO ~ --c.,./ fW!SE. !D,'\HO ,fEE_DEPUTY 2000 AP 2 7 M11O: 0 8 '(5 i 0 0 0 3 I 7 2 2 CITY OF MERIDIAN ORDINANCE NO. 812- AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R- 8) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL rvIAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: MEDIUM DENSITY RESIDENTIAL (R-8) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-OO-002) - 1 Commencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010'20" W 1,320.19 feet (formerly described as N 00008120" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast corner of the northeast quarter of the southeast quarter of said Section 6; thence S 89030'00" W, 216.06 feet along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning: Thence continuing S 89030'00" W, 765.86 feet (fonnerly described as S 89052'W) alo11g the southerly boundary of the northeast quarter of the southeast quarter of said Sectio11 6 to the southeast corner of Meridian Place Subdivision No. I, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence N 00007'00" W, 259.32 feet (formerly described as North 257.37 feet) along the easterly boundary of said Meridian Place Subdivision No. I to the SOllthwesterly bOll11dary of Ge111 Parle Subdivision, as shown on the official plat thereof on file in the office of the Ada COU11ty Recorder; Thence S 81053'30" E, 298.93 feet (fonnerlydescribed as S 81035'30" E, 298.92 feet) along the southwesterly boundary of said Gem Park Subdivision; Thence N 89003'50" E, 468.58 feet (formerly described as N 89021'50" E) along the southerly boundary of said GelTI Parl( Subdivision; Thence S 00030'00" E, 218.13 feet along a line perpendicular to the southerly bou11dary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning. Comprising 3.940 acres, more or less. Subject to easelnents or right-of-ways of record or apparent. AND ANNEXATION AND ZONING ORDINANCE (AZ-OO-002) - 2 LIMITED OFFICE (L-O) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010120" W, 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast comer of the northeast quarter of the southeast quarter of said Section 6, which is the Real Point of Beginning: Thence S 89030'00" W, 216.06 feet (formerly described as S 89052' W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6; Thence N 00030'00" W, 218.13 feet along a line perpendicular to the southerly bou11dary of the northeast quarter of the southeast quarter of said Section 6, to the southerly boundary of Gem Parl( Subdivision, as shown on the official plat thereof on file i11 the office of the Ada County Recorder; Thence N 89003'50" E, 217.32 feet (formerly described as N 89021 '50" E) along the southerly boundary of said Gem Park Subdivision to the easterly boundary of said Sectio11 6- , Thence S 000 10'20" E, 219.79 feet (formerly described as S 00008'20" W, 219.00 feet) along the easterly boundary of said Section 6 to the Real Point of Beginning. Comprising 1.089 acres, more or less. Subject to easements or right-of-ways of record or apparent. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ-OO-002) - 3 SECTION 3: That the real property herein by this ordina11ce annexed to the City of Meridian hereinabove described shall be zoned Mediuln Density Reside11tial District (R-8) and LilIDted Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning Inaps, comprehensive pla11 and all officialluaps depicti11g the boundaries of the City of Meridia11 il1 accordal1ce with this ordi11a11ce. SECTION 5: The zoning designatio11 set fortl1 i11 Sectio11 3 of this ordinance is subject to the tenns and conditions of that certain Development Agreelne11t by and between the City of Meridian and the owner of the land described il1 Section I dated the / ~ day of ~ , 2000, and that the uses are to be developed u11der the planned unit development process and conditio11al use pennit process. SECTION 6: All ordinances, resolutio11s, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect frol11 a11d after its passage, approval and publication, according to law. SECTION 8: The Clerl( of the City of Meridia11 shall, within te11 (10) days followi11g the effective date of this ordinal1ce, duly file a certified copy of this ordina11ce al1d a map prepared i11 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein al111exed, with the followi11g officials of the COU11ty of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer a11d ANNEXATION AND ZONING ORDINANCE (AZ-OO-002) - 4 / y- ld '---" O^~\iN r--- '----- ~ 3^ ~ crOO"'3ldd~N w~ re. u L~- ~YonB3sN - 1==1= f--- ~ ('-" W :): -lLi ~^~ ~a:I3~ N V c:-~ )-yr ~>-~- 5 ~ L I -~ ~ ~ ~ _ - -- W I I - ~ t--- ~ ~a. NAl31'V~)1 3~ r----~ 3A11 Al~3WIS N ) - -~- t--- --- - Cl!: ~ :J - -<I: 3^'V 3IX~ ~ <t I U W I '\ ldL 3Il~N '\. -~_(^V TIU( 3!lIII~H!lnl, N k- -........- "- I '\ > 3^'V o ~ ~ W j~ W ~ ~ "--- --- I-- _ CI.l r--- I- U t--- I-- I--- - Cl!: r--- ~ ~ t ~ :D ~L- ~ < ~ I u =: ~ 1 w ~ _ rr- [ P UJ I ~ U A'V^ ::it e--= ~ - \ ~ ~ - _r-- ~- ,,1-1 ~ -~ '-----N3311!l 3 Il! ~ ~ > o ~ <[ w ~ - - -- 1f3 I _D_ I:;): -~ :): - ~ SS3NHJOl Ng '~ ~t t: - ----- /0- \>1\ ~-J I ~f= - Iz "'J I ~e-;I ld lSAH13HV ~~ .&rBlG 3.oD.tlf:.lJlJS lAL ~'l ."'I..JL I I /~ - 3^'V I CI.l ISAH13W'V N I I t?r b w ~ ~-~~ ;;i It ~ 1---1--- :): ~ l ( 3^'V 3~IHdd'VS ~~ ~Il ~ ~~;~ I-- 0'600" -"" \.I.J\t "'" w .---- '~ ~ ' t----- ~ l- I--- C1! ~a I" ____ I-- ___I..----" ~7r 3^i NOJffij N rr 4 L:J ~ ~ r-- r------. ~ I U ~~Q) ~~ ld 3~IHdd'VS i~ > 8~ cell ~~ 11\.... ~ et: j:::I ld ND:Jl~IZ III .2E'6!:2 fI..OO,llJ.DON I ~ J~I- L I ~ V r------ I-- J. 'd I't. m..j'1T>f':lr .--t-----.. rt - -rT ~^V 3IX1i ~ '.DC\J - f'.. Urn W (./)w U Wz or-I<[ ~Z 1--1 "'(=l Z~ ~D I ~ IS lO~'V:J 3 l- I CIJ ...J D Il! 1(1 I Iz IS lD~'VJ 1'\ J -I Q l-l- Assessor a11d shall also file silnultaneously a certified copy of this ordinal1ce and Inap wit11 the State Tax COlnmission of the State of Idaho, all in complia11ce with Idaho Code s63- 2215 a11d S50-223. p~ THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this , 2000. r APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ ,2000. . -~ J , . ~ /8 - day of .8~ I -day of STATE OF IDAHO,) / MA QR\"tt~~~I'J', ,~,,~. Of ."~u, II~"I' ~,'\ ='~ 14..4. ;I~ S (} o~POR4.,.~"y~; .t- ~() "'0 > ~ ~ ~ g t SEAL ~ ~ - ~"'?~ cS' 2 ~ Q(,~ ~ loO ~ ~ i'A tv T 1S~ · ~ '" ~ V f be..: ~ 'l~ ........, ,,<". " '/ I C 'v,, 1"/ I ou~ ~"":-'l ", '.')11 j '\: ~ .. \ \ \ \ Illi.'n~t :iHi\\ SSe County of Ada. ) On this le.f!!. day of ~ ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE a11d WILLIAM G. BERG, JR., k110wn to me to be the Mayor a11d City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrullle11t, a11d aclmowledged to Ine that the City of Meridian executed the saIne. IN WITNESS WHEREOF, I have hereu11to set my ha11d and affixed Iny official seal the day :~~y;:r first above wn~.tten. .. ~ tJ.. ..~~"-T~A-~~... .~,' 0 -.-...rr" · (SEAL) l~/ *~ ..A \~ NOT PUBLIC FOR IDAHO Ern! * * 1>: RESIDING AT: /h.QAA,ctifAAA. / (b , I . ~. ~~~.IIDF.~c.~ / : MY COMMISSION EXPIRES: q-J-b~o MSG\Z:\WOrk\M\Meridi~.~~~~~~~ord ...~oF-iD~.. ....... ANNEXATION AND ZONING ORDINANCE (AZ-OO-002) - 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridia11, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 874- passed by the City Council of the City of Meridian, on the ~ day of IB-I!.- , 2000, is a true and correct copy of the original of said doculue11t whicl1 is i11 the care, custody and control of the City Clerk of the City of Meridian. \\\\\ltltllll/I/ \\\ \ UJ::"~. III ,"\'_1 Of .."-r'tli.)/ 1111,/ " ~, 7--1.. ,.,~ 2" c} ~~?ORA ~ If, ~ ...:-- GJ ,~ ~ ~ ~ () ~ ~ ~ SiEhL w "0 -? & 2 ~ (j,Q ~) 02 ~ --r' ^ . '{ 's T 1 s~ · ~~.$ ... v' t,..: ~ '/"'''1 .~ ~S)\ - " STATE OF IDAHO /~I.I ~UNf~.'l ':. "" , I..l,-V L '\\\' I J I ~j J ~s 8 .:.: t ~ ; \ \ \ County of Ada, On this ('!Jtf:J day of 4pn' / , in the year 2000, before me, t?5vte.-l~ t? ~a.rn'2-tL/ , a Notary Public, appeared WILLIAM . BERG, J ., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrulnent, a11d aclG10wledged to l11e that he executed the same on behalf of the City of Meridian. .....".~ .. -a tJ .. .. ~,~:.----9~ .lJ> .~~oT~"~1~ ~J:q/ ~ ..A ..~~ :~! * *..A. \N~ :cn: ~ }>: . \ I Q . \ / G . , J . · " A-_ . C' · · d\~'",,:'Vl:JLl :~O. ..~1iioFiP'~o... .......0 (SEAL) ,.... N~bliC for Idaho Commission Expires: 1/2b(06 msg\Z: \ W or k\M\Meridian 15360 M\Cen ters S ubd\Certification OfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RECEIVE]) APR 1 3 2000 CITY OF MERIDIAN CITY rl I=Rk' n1="l="frE BEFORE THE CITY COUNCIL OF THE CITY OF MJ IN THE MATTER OF THE APPEAL ) OF THE PLANNING AND ZONING ) ADMINISTRATOR'S DENIAL OF ) SIGN APPLICATION TO REPLACE ) EXISTING DISPLAY WITH A NEW ) DISPLAY CABINET WITH A MESSAGE ) CENTER OF MERIDIAN HIGH SCHOOL) ) ) ) ) ) ) CASE NO: AP-OO-OOI ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND This matter coming before the City Council on April 4,2000, at the hour of 7:30 o'clocl< p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of Meridian High School, by and through its representative, Ace Signs, and the Council having received the Appeal Application form, and the record in this matter, and having heard the arguments and presentation of Brad Hawkins-Clark, Assistant Planner for the Planning and Zoning Department, and Mil(e Carney, Principal of Meridian High School, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 1 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND FINDINGS OF FACT I. Meridian High School submitted for approval, to the Planning and Zoning Administrator, a new sign display cabinet with a message center as depicted in the attached Exhibit "A". 2. The Planning and Zoning Admi11istrator's office denied the replacement of the existing display sign with a new display cabinet with a message center portion of the proposed sign upon the basis that it violated the provision of Meridian City Code S 11-14-3 G, which prohibits signs in all districts, except as otherwise provided by ordinance with "flashing lights or strobe lights of any color". 3. The Meridian High School, through its representative, Ace Signs, timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. 4. The system, which will be used for a three-line digital reader board that would replace the lighted marquee presently in place on Linder Street, is an LED (Light Emitting Diodes System), which emits very little light, and will be an amber colored system with equivalent light from the LED of approximate 5 watt incandescent system, and will not use the "flash" lnessage system display. 5. Subject to the conditio11s of Finding no. 4, herein, the proposed Electronic Message Center is not a "flashing lights or strobe lights" prohibited sign, and therefore the decision of the Administrator of denial is overruled. ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 2 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND CONCLUSIONS OF LAW 1. The City of Meridian has duly enacted the following ordinance provisions regulating signs as follows: 1.1 The activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by this Ordinance. 1.2 Flashing lights or strobe lights of any color. 2. The City ordinances provide at Meridian City Code ~ 11-3-4 for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER OF MERIDIAN HIGH SCHOOL 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: 1. The decision of the Planning and Zoning Administrator of denial of the Electronic Message Center portion of the proposed sign upon the basis that it violated the provision of Meridian City Code ~ 11-14-3 G, which prohibit signs in all districts except as otherwise provided by ordinance with: "Flashing lights and strobe ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 3 OF 5 AND ZONING ADMINISTRATOR7S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND lights of any color", is overruled upon the condition that the proposed sign uses a system for the Electronic Message Center, a LED (Light Emitting Diodes) which emit very little light, and will be of amber color with equivalent light from the LED of approximate 5 watt incandescent light, and will not involve the use of the "flash" message system display and otherwise is in accordance with the presentation and dimensions as depicted in the attached Exhibit "A". 2. This matter is remanded to the Planning and Zoning Administrator for further action in accordance with this decision. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! ,;-6day of ~ , 2000. ROLL CALL: COUNCILMAN ANDERSON VOTED abud COUNCILMAN BIRD VOTED~ ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 4 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND COUNCILPERSON deWEERD VOTED ~ COUNCILPERSON McCANDLESS VOTED * MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: 4--( 8 --00 MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: 4-/ g- fJO ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 5 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OF REMAND gO/I Sj'l --1 ~ J) I /1 CtJ 0 +- EXHIBIT "A" :::e - Ci)~ :::em enJJ no :::c- o)> oZ r 4 ; I ~ N' ........ " ;. \ I I I l i ; ---: "..."..,,~ I ( City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 To: T eny Hunter From: Shelby Fax: Pages: 6 Phone: Date: 04/14/00 Re: Order granting Appeal cc: o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle Please call if you have any questions, and I'll get back with you later this morning about whether or not there is, in fact, a need to schedule this for Tuesday's City Council meeting. Shelby ( April 13, 2000 AP 00-001 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian High School April 18, 2000 ITEM NO. I REQUEST Appeal of the P & Z Administrators decision 0 tdenial of a sign application to replace existing display with new cabinet & message center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached Order granting appeal P ()i'9\f ~m INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. 'TlLrr'i W~ 4//4 ~x: '3ift.fo -0LP;).:J- ~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GrORAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLlAM A. MORROW WILLlAM F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE.. 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288#2499 FAX (208) 288#2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO B3653~0247 TEL (208) 466~9272 FAX (20B) 466~4405 Email viaInternet@wfg@wppmg.com * ALSO ADMIITED IN OR --AlSO ADMIITED IN WA PLEASE REPLY TO MERIDIAN OFFICE April 13,2000 William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 RECEIVED APR 1 3 2000 ;2.i ty of lo/1eridian tJlty Clerk Office Re: MERIDIAN HIGH SCHOOL SIGN APPEAL / AP-OO-OO 1 Dear Will: Regarding the above referenced lnatter, please find enclosed the original of the ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF SIGN APPLICATION TO REPLACE EXISTING DISPLAY WITH A NEW DISPLAY CABINET WITH A MESSAGE CENTER AND ORDER OR REMAND, for the City Council meeting of April 18, 2000. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Works Department, and the City Attorney. If you have any questions please advise. Very truly yours, Enclosure msg/Z:\Work\M\Meridian 15360M\Meridian High School Appeal of Sign\ClerkOrderAppeal.ltr BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN Revised 04-11-00 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR BEAR CREEI( ) ESTATES SUBDDnSION BY ) BEAR CREEI(, LLC, MERIDIAN, ) IDAHO ) ) ) Case No. PP-99-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter comi11g on regularly for public hearing before the City Council on November 16,1999, and continued to December 7,1999, and December 21, 1999, the Preliminary Plat Findings were brought before the City Council at their January 4,2000, meeting and tabled to January 18,2000, the matter was then re-noticed for public hearing to February 15,2000 and tabled to March 7, 2000, again the matter was re-noticed for public hearing to April 4, 2000, at the hour of 7:00 o'clock p.m., and appearing at the December 7, 1999, hearing were: Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Brad Watson, Assistant to the City Engineer, appeared and testified, and appearing on behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Ince, and Greg FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 1 Johnson of Bear Creek Development, LLC, and also appearing were affected property owners: Carolyn Darrington, Joan Atkins and Wilford A. Critell the matter was continued to December 21, 1999, at which time Gary Smith, City Engineer, appeared and testified, and then appearing on behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Joanne Butler, and also appearing and testifying were affected property owners: Chris Yerrington and Carol Lotherage, and continued until February 15,2000, and Shari Stiles, Planning and Zoning Administrator, and Tom I(untz, Parl(s and Recreation Director, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt of Briggs Engineering, Inc., and appearing and testifying with comments or concerns were: Tim Hepper and Greg Johnson, and continued to April 4,2000, and appearing and testifying was Wilford Critell, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Preliminary Plat Drawing designated as Lot 1 18.62 acres "City of Meridian Park" on the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creek Estates Subdivision, submitted for preliminary plat approval and which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 2 application is herein received and adjudged by the City Council pursuant to Chapter 3 of Title 12 Meridian City Code. Therefore, the City Council mal(es the following findings: FINDINGS OF FACT 1. That the proposed plat is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and in a companion application the property is being considered for annexation and zoning as Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code S 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, for reasons as set forth in Finding number 1 7 of the companion application for annexation and zoning in Case No. AZ-99-010 which are herein adopted. 3. It is deterlnined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirelnents and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed plat is a continuity of the proposed development within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP..99-010) - 3 the City's Capital Iluprovement Program and if the conditions which are requested by the Planning and Zoning Administrator and the City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environluental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that portions of the Recommendations to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval a preliminary plat herein designated as: "Prelilninary Plat, Bear Creek Estates Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 tis, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creel( Estates Subdivision by Bear Creek, LLC. 8. The property is approximately 150.79 acres in size. The property is generally located east of Stoddard and south Overland Road in Meridian, Idaho. 9. The owner of record of the subject property is Theron Scott, Queenland 'Acres, Inc. of 670 W. Victory, Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT.. BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) .. 4 10. The Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho. 11. The subject property is currently zoned Ada County RT Rural Transitional. There is a pending application to annex and zone the subject property Low Density Residential (R-4). The zoning of R-4 is defined in Meridian City Code Sll-7-2C. 12. The proposed site of the subject property is east of Stoddard Road south of Overland Road. 13. The subject property is within the city limits of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area which is defined in the Meridian Comprehensive Plan. 15. The Applicant proposes to develop the subject property in the following manner: construction and development of 326 single family homes, 32 common lots, 1 Municipal park with an entire gross density of 2.37 residential U11its per acre. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 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 foregoing Findings of Fact which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 5 herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat, Bear Creek Estates Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creel( Estates Subdivision by Bear Creel(, LLC, is hereby conditionally approved; and 2. The conditions of approval are as follows, to-wit: Adopt the Ada County Highway District's Recommendations as follows: 2.1 Applicant shall dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.2 Applicant shall dedicate 35-feet of right-of-way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 2.3 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.4 Applicant shall construct a non-circular turnaround at the terminus of Silver Tip Way. Applicant shall provide District staff the written approval of the emergency fire service for the area where the development is located. Applicant shall submit a design of the turnaround for review and approval by District staff. 2.5 Applicant shall construct Grizzly Drive off Stoddard Road between Lot 13, Block 14, and Lot 2, Block 19, approximately 1,250-feet north of Victory Road. The road shall be designed with 2 I-foot street sections on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP..99..010) .. 6 either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a lOO-square foot area. Applicant shall dedicate 54-feet of right-of-way plus the additional width of the median. Applicant shall coordinate the design of the entrance with District staff. 2.6 Applicant shall construct I(odiak Drive off Stoddard Road between Lot 2, Blocl( 14, and Lot 1, Bloclc 8, (proposed city park), approximately 2,400-feet north of Victory Road. The road shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. Applicant shall coordinate the design of the entrance with District staff. 2.7 Applicant shall construct Big Bear Drive off Stoddard Road between Lot 2, Blocl( 1, and Lot 1, Block 8, (proposed city parl(), approximately 3,50Q-feet north of Victory Road. The road shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. Applicant shall coordinate the design of the entrance with District staff. 2.8 Applicant shall construct Silver Tip Way off Stoddard Road between Lot 15, Block 19, and Lot 27, Blocl( 19, approximately SOQ-feet north of Victory Road. Submit a slope and sight distance data for the proposed roadway intersection for review and approval by District staff. 2.9 Applicant shall construct center turn lanes on Stoddard Road for the Big Bear Drive, l(odial( Drive, and Grizzly Drive intersections. The turn lanes shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Applicant shall coordinate the design of the turn lane with District staff. 2.10 Applicant shall construct a center turn lane on Overland Road for the Overland Road/Stoddard Road intersection. The turn lane should be constructed to provide a minimum of 10Q-feet of storage with shadow FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 7 tapers for both the approach and departure directions. Applicant shall coordinate the design of the turn lane with District staff. 2.11 Applicant shall provide a stub street to the north property line located between Lot 14 and 15, Block 10, approximately 1,200-feet east of Stoddard Road. Reconfigure the Highridge Way/Cub Court intersection. Applicant shall coordinate the design of the intersection and location of the stub street with District staff. 2.12 Applicant shall extend CaldelWood Street into the site, from the east property line to Highridge Way as a 41-foot street section with curbs, gutters, and 5-foot wide sidewalks. Direct lot or parcel access to this roadway shall be prohibited. Notes of the access restrictions should be noted on the final plat. 2.13 Applicant shall provide a stub street to the east property between Lot 2, Blocl( 15, and Lot 33, Block 7. 2.14 Applicant shall provide a stub street to the east property line, located between Lots 44 and 45, Block 15, of the proposed subdivision. Applicant shall coordinate the location of the stub Street with District staff. 2.15 Applicant shall construct 5-foot wide concrete sidewall( on Stoddard Road within 2-feet of the new right-of-way abutting the parcel (approximately 4,700-feet) prior to District approval of a final. Applicant shall coordinate the location and elevation of the sidewall< with District staff. 2.16 Applicant shall construct 5-foot wide concrete sidewall( on Victory Road within 2-feet of the new right-of-way abutting the parcel (approximately 1,400-feet) prior to District approval of a final plat. Applicant shall coordinate the location and elevation of the sidewalk with District staff. 2.17 Applicant shall construct two knuckles within the site, one off I<odiak Drive between Lots II and 14, Blocl( 15, and another off Highridge Way between Lots 2 and 5, Block 10. Applicant shall construct traffic islands in the knuckles a minimum of 4-feet wide with a minimum area FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEIC, LLC. FOR BEAR CREEIC ESTATES SUBDIVISION (PP-99-010) - 8 of 100-square feet and designed to safely channel traffic. The roadway around the traffic islands shall maintain a minimum of a 29-foot street section. The designs shall be reviewed and approved by ACHD's Planning and Development staff. 2.18 Applicant shall construct turnarounds at the terminus of Beartooth Court, and at the southern terminus of Highridge Way. Applicant shall construct traffic islands in the turnarounds a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. Maintain a minimum of a 29-foot street section around the islands. The designs should be reviewed and approved by ACHD's Plan11ing and Development staff. 2.19 Construct ACHD approved turnarounds at the termini of Cub Court, Beartooth Court, Alasl(a Court, and Bear Claw Place. Applicant shall submit designs of the turnarounds for review and approval by District staff. 2.20 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 2.21 Unless otherwise approved, Applicant shall construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 4-foot wide concrete sidewalks within 50-feet of right-of-way. 2.22 The following street segments shall be designated as residential collectors: · l(odiak Drive, between Stoddard Road and Beartooth Court. · Big Bear Drive, between Beartooth Drive and Stoddard Road. · Grizzly Drive, between Beartooth Drive and Stoddard Road. Parl<ing shall be prohibited on these street segments. Applicant shall Coordinate the signage plan with District staff. 2.23 Driveways to the city park shall be located off Big Bear Drive and l(odiak Drive and aligned with Beartooth Avenue, to the north and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEIC, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 9 south respectively. The driveways shall be constructed as 24 to 30-foot wide curb cut driveways. 2.24 The driveway into the parking area off Ice Bear Way shall be located 50- feet from any public street intersection and constructed as a 24 to 30- foot wide curb cut driveway. Applicant shall coordinate the location of the driveway with District staff. 2.25 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.26 Other than the access points specifically approved with this application, direct lot or parcel access to Stoddard Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.27 Direct lot or parcel access to Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department's Recommendations as follows: 2.28 All roads will be installed before building is started with appropriate street name signs. 2.29 Common areas will need to be l(ept clean of trash and weeds. 2.30 No parking of vehicles or trailers in cul-de-sacs or T-turnarounds. Adopt the Central District Health Department's Recommendations as follows: 2.31 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.32 Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT.. BEAR CREEIC, LLC. FOR BEAR CREEIC ESTATES SUBDIVISION (PP-99-010) .. 10 2.33 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.34 The Engineers and architects involved with the design of the subject project shall obtain current best Inanagement practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 2.35 Requires all laterals and wasteways be protected. 2.35 All municipal surface drainage shall be retained on site. 2.36 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.37 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code S 31-3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.38 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 Worl(s Department. No variances have been requested for tiling of any ditches crossing this project. 2.39 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. 2.40 Applicant shall provide 5' wide sidewall(s in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 11 Ordinance Section 1 1-9-606.B. 2.41 Applicant shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Applicant shall mal(e any corrections necessary to conform. 2.42 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.43 Applicant shall indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.44 The Gravity sanitary sewer service to this site at the time of development shall at this time include at the applicant's expense and in accordance with specifications of the Public Works Department a lift station to pump those portions of the subject property designated to the Black Cat drainage and all other portions as well into the Ten Mile Drain, which will exist until a gravity sewer line can be extended and the Blacl( Cat Trunk is constructed to provide gravity flow to the development. The applicant shall construct necessary improvements for connections to the Ten Mile Trunk Line as required and in accordance with the specifications of the Public Works Department in order to connect the proposed developed to the Ten Mile Trunl( which may include parallel pipes, and the developer shall pay $1,500.00 per lot as and for an assessment of a Black Cat Sewer Trunk Development Fee. The Developer and the City shall enter into a "latecomers" agreement wherein the cost of any capacity created by the Developer in the Ten Mile Trunl( Line above that necessary to accommodate this development will be collected from any "latecomer" developments who utilize that capacity. Said agreement shall have a term of 15 years. 2.45 Applicant has indicated a domestic well site on their preliminary plat map. Further study will be required to determine the appropriate location for a well site. Water service to this site will be via extensions of existing mains installed in adjacent developments, as well as from the new domestic well site within this development. Applicant will be responsible to construct the water mains to and through this proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT.. BEAR CREEIC, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 12 development. Subdivision designer to coordinate main sizing and routing with the Public W orl(s Department. 2.46 Two-hundred-fifty- and lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public W orl(s Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.47 Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the N ampa & Meridian Irrigation District. 2.48 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. Careful coordination with the Parks Director is required for any parl( area proposed to be dedicated to public use. A letter of credit or cash surety will be required for the improvelnents prior to signature on the final plat. A decorative noncombustible fence will be installed along that portion of Lot I that borders the other lots. No gates in the fence will be allowed between Lot 1 and the bordering lots. 2.49 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal. Fencing is to be in place prior to applying for building permits. 2.50 S. Beartooth Court, and S. Silvertip Way exceed the maximum cul-de- sac length allowed by Meridian City Ordinance. Applicant has indicated in their statements of development features that variance applications will be filed for these two cul-de-sacs as well as noncompliance with block length standards. To this date, no variance applications have been filed. 2.51 The preliminary plat map shows a drainage facility located in the proposed "City of Meridian Park." These facilities shall be relocated within the public right-of-way of S. Ice Bear Way. 2.52 Indicate the easement width for the I(ennedy Lateral. Lots bacldng up FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 13 to the I(ennedy Lateral shall have their rear lot line set at the easement line, unless an encroachment agreement is obtained from the Nampa & Meridian irrigation District. If an encroachment is allowed, the rear lot lines shall be set at the encroachment line. 2.53 The owners of Lot 1 will construct a parl( with a functional irrigation system i11 accordance with the City Parks and Recreation Department and Public W orl(s Department specifications and seed the same into grass and construct a parking lot on the east side of said park for said parl( at the location designated in Preliminary Plat, Bear Creek Estates Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 9902ll.PRE, Revision 11-11-99, Sheet PRE, which is shown as 18.62 Acres "City of Meridian Parl(" therein, upon acceptance by City of said park. The owners of this Lot 1 have indicated their desire to donate this Lot I to the public as a parle. . .--By action of the City Council at its regular meeting held on the 2cfLaay of dlvYJL. ,2000. By: Dated: z:\ W ork\M\Meridian 15360M\Bear Creek\PPFindingsRevised0411 00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - BEAR CREEI(, LLC. FOR BEAR CREEI( ESTATES SUBDIVISION (PP-99-010) - 14 ( Meridian City Council Meeting\' April 181 2000 Page 41 ,. { ATTEST: BEFORE THE MERIDIAN CITY COUNCIL Revisions 04-11-00 IN THE MATTER OF THE ) APPLICATION OF BEAR ) CREEK, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 150.79 ACRES FOR BEAR ) CREEI( SUBDIVISION ) LOCATED EAST OF ) STODDARD ROAD, SOUTH OF ) OVERLAND ROAD MERIDIAN, ) IDAHO ) Case No. AZ-99-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 16, 1 999, and continued to December 7, 1 999, and December 21, 1999, the Annexation and Zoning Findings were brought before the City Council at their January 4, 2000, meeting and tabled to January 18,2000, the matter was then re-noticed for public hearing to February 15,2000 and tabled to March 7, 2000, again the matter was re-noticed for public hearing to April 4, 2000, at the hour of 7:00 o'clock p.m., and appearing at the December 7, 1999, hearing were: Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Brad Watson, Assistant to the City Engineer, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEIC, LLC CASE NO. AZ-99-010 behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg Johnson of Bear Creek Development, LLC, and affected property owners appearing were: Carolyn Darrington, Joan AtlGns and Wilford A. Critell; appearing on December 21, 1999, were Gary Smith, City Engineer, and appearing on behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., Joanne Butler, and affected property owners who appeared were: Chris Yerrington and Carol Lotherage, and continued to February 15, 2000, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works, and Tom ICuntz, ParIes and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Mike Spink and Beclcy Bowcutt, and appearing with concerns and comments were: Chuck Rauch, Dennis Montgomery, and ICent Yerrington, and continued to April 4, 2000, and appearing and testifying were: Lee Centers and Chuck Rauch, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore malees the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEIC, LLC CASE NO. AZ-99-010 ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16-1 provides that the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994, and as provided in Meridian City Code 9 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 .....~ ( '.. ~.(>.:.- hearing procedures provided in Section 67 -6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. S 67-6525] [Meridian City Code S 11-16-1 ] Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I. C. S 67 -6511] . 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code 9 11-1-3] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code Title II Chapters 1 through 21.] 5 .1 The "Zoning Ordinance" provides a zoning district (R -4) Low Density Residential District which is defined as: [Meridian City Code S 11- 7 - 2 C .] (R-4) Low Density Residential District: Only single-family FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code S 11-6-1. ] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code S 11-6-1. ] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code ss 11-15-1 -- 11-15-6 .] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code S 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning alnendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning aluendment intended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5. 7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5.10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 with traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. Development Conditions: 7. The City is authorized by I.C. S 67 -6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code S 11-15-12 and if the property is annexed and zoned Meridian City Code S 11- 16-4 A. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Subdivision Ordinances of the City of Meridian including, but not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 limited to: Meridian City Code g 12-2-4 which pertains to platting time schedules and requirements; Meridian City Code g 12-4-13, which pertains to the piping of ditches; and Meridian City Code S 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel(s prior to said public hearing scheduled for November 16, 1999, which hearing was then continued to December 7, 1 999, and again continued to December 21, I 999, the Annexation and Zoning Findings were brought before the City Council at their January 4,2000, meeting and tabled to January 18, 2000, the matter was then re-noticed for public hearing to February 15,2000, and tabled to March 7, 2000, again the matter was re-noticed for public hearing to April 4, 2000, and all in attendance were notified of said continuations and/or re-notice of public hearing by the City Council action and the first publicatio11 occurring and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council, and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 -- 11-15-6 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 150.79 acres in size. The property is located east of Stoddard Road, south of Overland Road and is designated as the proposed Bear Creek Subdivision, and described as follows: A parcel of land lying in the E V2 of Section 24, Township 3 North, Range 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 West, Boise Meridian, Ada County, Idaho, more particul~rly described as follows: Commencing at the southwest corner of the E 1/2 of Section 24, T. 3N., R. 1 W., B.M., the REAL POINT OF BEGINNING of this description. Thence N 00051145" E 2656.10 feet along the west line of the E V2 of said Section 24, being the centerline of S. Stoddard Road, to the southwest comer of the NE 1/4 of said Section 24; Thence N 00051'53" E 1881.43 feet along the west line of the NE 1/4 of said Section 24 and the centerline of S. Stoddard Road to a point; Thence S 89046'45" E 1706.88 feet to a point on the centerline of the I(ennedy Lateral, also being the northwest corner of Elk Run Subdivision; Along the centerline of the I(ennedy Lateral, and the westerly boundary of Elle Run Subdivision and Elle Run Subdivision No.2; Thence S 05005'50" W 290.43 feet to a point; Thence S 05046'22" W 496.02 feet to a point; Thence along a curve to the left 163.76 feet, said curve having a delta angle of 46054'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord bearing S 17041'0 I" E 159.22 feet to a point; Thence S 41008'23" E 989.03 feet to a point; Thence S 30037'30" E 139.10 feet to a point; Leaving said centerline and boundary; Thence S 32017'30" E 117.64 feet to a point on the north line of the SE 1/4 of said Section 24; Thence N 89027'07" W 1177.57 feet along the north line of the SE 1/4 of said Section 24 to the northeast corner of the NW 1/4 of the SE 1/4 of said Section 24; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 Thence S 00045'52" W 1076.81 feet along the east line of the NW 1/4 of the SE 1/4 of said Section 24 to a point; Thence S 85012'02" W 266.72 feet to a point; Thence S 05032'58" W 422.82 feet to a point; Thence S 00046'4411 W 232.28 feet to a point; Thence S 20010'06" E 113.21 feet to a point; Thence S 29035'11" E 132.19 feet to a point; Thence S 00012'00" W 190.85 feet to a point; Thence S 08035'44" E 203.05 feet to a point; Thence S 04003'12" W 266.88 feet to a point on the north right-of-way ofW. Victory Road; Thence S 00038'53" W 25.00 feet to a point on the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road; Thence N 89021 '07" W 1145.51 feet along the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 154.03 acres, more or less. 5. The owner of record of the subject property is Theron Scott, Queenland Acres, Inc. of 670 W. Victory, Meridian, Idaho. 6. Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of various agricultural and residential uses. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEIC, LLC CASE NO. AZ-99-010 ( 8. The Applicant requests that the property be zoned as Low Density Residential R-4. 9. The subject property is bordered to the north by Ada County Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada County Rural Transitional, with agricultural use to the south, and Ada County Residential and to the west Ada County Residential, and the city limits of the City of Meridian are adjacent and abut to the northeast portion of the subject property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: 326 single family residential lots, 31 common lots and one Meridian park lot. 13. The Applicant requests zoning of the subject real property as R-4 Low Density Residential which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 14. The Public W orl(s Director and Public W orl(s Department are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 concerned with the City's ability to provide sanitary sewer service to this project. They are additionally concerned on how to provide for a rational for the handling of the City's further growth in this region, particularly to the west of the project, in that, 1 7 acres of the subject property are designated in the City's Master Plan to be served by the Ten Mile Trunl( Line to the sewer plant, and the relnai11ing portion is to be served by the yet to be developed Blacl( Cat Trunl( Sewer Con11ector. Even though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning and Public Works Departments, requested this project not be approved due to concern with the ability of the City to approve future development which was to rightfully be served by the Ten Mile Sewer Trunl(, the Public Works Director did testify, and the Council finds it is possible and feasible to sewer the subject parcel presently through the Ten Mile Trunl( Line as proposed and the imposition of an estimated $1,500.00 per lot trunl( fee would help establish a base fu11d for the development of the Blacl( Cat Sewer Trunk, which will ultimately serve the major portion of the subject property and the subject property and parcel is partially designated to be served by the Ten Mile Sewer and the applicant is able to proceed with development. 15. The City is in need of additional parl( land to serve the southwest region of the City and its impact area. This proposed application includes the construction of a parl( which will be landscaped with lawn, installed with a sprinlder system and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 one parking lot and which is designated as Lot 1 18.62 acres "City of Meridian Park" on the Preliminary Plat, Bear Creel, Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-0 10. The Applicant has expressed a desire to donate this park to the public. 16. Persons owning parcels in the area of the proposed development voiced concern with the traffic conditions on Overland, which is to the north and not adjacent to the project. Meridian Road is to the east of the project and Victory Road is south and adjacent to this proposed project. It is recognized by the City Council that traffic is a concern but the same is under the jurisdiction and control of the Ada County Highway District and the State Department of Transportation. With the exception of Victory Road all such roads are designated as "Minor Arterials" as set forth in Map 3 of the Transportation Component of the Meridian Comprehensive Pla11. The proposed plat, which is an accompanying application in Case No. PP-99- 010, designating access for ingress and egress to the proposed residential development on Stoddard Road at three (3) separate locations, and Meridian Road at one location through Ell, Run Subdivision which is found to disburse traffic fron1 the subject property onto Victory Road, Overland and Meridian Roads, and there has been no evidence produced by ACHD, or by any traffic study, which determines that the existing roads could not handle the traffic of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 17. The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Residential. Further, this proposed application is in conformance and consistent with the following provisions of the Meridian Comprehensive Plan: 17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2,4,5,8, and 1 O. 17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U. 18. There are no significant or scenic features of major importance that affect the consideration of this application. 19. Giving due consideration to the comment received from the governmental subdivisiol1s providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed which restrict the use and development of the subject real property under the R-4 zoning procedures. 20. It is found that if the developer pays for the requested improvement and complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEIC, LLC CASE NO. AZ-99-010 21. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicil1ity, and with the Comprehensive Plan and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring a development agreement which contains development conditions as is set forth herein in the Decision and Order. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 150.79 acres to Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 150.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Owner and Developer are required to enter into a Development Agreement, and such Development Agreement shall also include and contain the conditio11S of development and use which govern the subject real property as follows: 3.1 Development, use and maintenance for single-family residences and public recreational use in accordance with Preliminary Plat, Bear Creel<. Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP- 99-010, except as is modified and conditioned by the City Council in the platting process. 3.2 The owners of Lot 1 will construct a public parle with a functional irrigation system in accordance with the City Parks and Recreation Department and Public W orles Department specifications and seed the same into grass and construct a parldng lot on the east side of said park for said park at the location designated in Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the companion application for Preliminary Plat PP-99-0 10 for Lot 1 which is shown as 18.62 Acres "City of Meridian Park" therein. The owners of this Lot 1 have indicated their desire to donate ~ this Lot 1 to the public as a park. 3.3 The Developer shall pay for improvements to the Ten Mile Sewer as set forth to accommodate this development, that is 326 homes, and required in the platting process. The Developer and the City shall enter into a "latecomers" agreement wherein the cost of any capacity created by the Developer in the Ten Mile Trunk Line above that necessary to accommodate this development will be collected from any "latecomer" developments who utilize that capacity. Said agreement shall have a term of 15 years. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 Developer shall pay an additional sum of $1,500.00 per lot which sum shall be paid by the Developer in one lump sum in connection with the recordation of each plat of the development as and for a Trunk Construction Fee for the Black Cat Connector which will eventually serve the subject property, which sum is estimated to be the Developer's proportionate share of the total cost of the Black Cat Connector. The City shall assess such additional sum in connection with the grant of a building permit for any and all residential lots within the Black Cat Connector service area, so that future developments shall be on the same footing with applicant and will be assessed a connector fee. 3.4 A decorative noncombustible fence will be installed along that portion of Lot 1 that borders the other lots. No gates in the fence will be allowed between Lot 1 and the bordering lots. 3.5 Applicant shall coordinate with the Public Worlcs Department regarding the routing and sizing of sewer lines within the subdivision in order to accommodate future sewer connections upstream from the development. The City shall be responsible for the cost of up sizing any sewer lines to accommodate future sewer connections. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District ( Meridian City Code S 11-7-2 C). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orlcs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-6-1 in accordance with the provisions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seel, a judicial review as provided by Chapter 52, Title 67, Idaho Code. L8~b- By action of the City Council at its regular meeting held on the _ day of ~ . , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED at? J;eJ- COUNCILMAN I<EITH BIRD VOTED $'- COUNCILPERSON TAMMY deWEERD VOTED~tf<...- COUNCILMAN CHERIE McCANDLESS VOTED$t<.- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: +-Ig~{/O VOTED MOTION: APPROVED: {if)~DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department and the City Attorney. B Dated: ..... - - msglZ: \ W ork\M\Meridian 15360M\Bear Creek\AZFfCIs041100Revisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEAR CREEI(, LLC CASE NO. AZ-99-010 interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED APR 1 1 2000 CITY OF MERIDIAN From: Wm. F. Nichols Subject: Overland Ministorage CUP-99-037 Date: April 11, 2000 Will: Pursuant to the City Council meeting held on April 4,2000, and pursuant to instructions from the Council, please find attached the revised, original of the CUP Findings for Overland Ministorage. Please note the requirement for the following has been added to the Findings and the Order as 12.12 on page 10, and as 2.17 on page 15, and in the Order as 2.17 on page 4: "Applicant shall be required to do a buffering strip around the entire inside perimeter of the N ampa and Meridian Irrigation District easement. Additionally, since the area along Nine Mile Creek is within the N ampa and Meridian Irrigation District easement, the Landscape Plan, dated March 2, 2000, Sheet LS-l, shall be required to have a stamp of approval by the Nampa and Meridian Irrigation District, and a License Agreement shall be required between the Applicant and the Nampa and Meridian Irrigation District. The Nampa and Meridian Irrigation District approval and License Agreement must be submitted to the Planning and Zoning Department as part of the Certificate of Zoning Compliance submission." I believe with this change, the Findings were approved at the April 4th meeting. If you have any questions please give me a call. Z:\W o rk\M\Meridian 15360M\Overland Ministorage\Berg040600.Mem BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OVERLAND STORAGE, LLC FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL MINI STORAGE FACILITY LOCATED 1230 OVERLAND ROAD, MERIDIAN, IDAHO Revised 04-06-00 ) ) ) ) ) ) ) ) ) ) Case No. CUP-99-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit applicatiol1 having COl11e before the City Council on Novelnber 16, 1999, and Shari Stiles, Pla11ning a11d Zoni11g Administrator, appeared and testified at the hearing, and Bob Unger of Pin11acle E11gi11eers, Inc. appeared and testified on behalf of the Applicant, and no one appearing in opposition, and the City Council having received the staff report and the record l11ade before the Planning and ZOlling COlTIlnission, and being fully advised in the premises, the Council fi11ds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. The subject application is governed under the terms and conditions of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvlIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 1 ( developn1ent agreel11ent which requires the conditional use for the use and developlnel1t of the subject real property as ordered by the City Council in City of Meridian Case No. AZ-99-018. 2. Idaho Code ~ 67-6512 provides in part that: (A) As part of a zOnil1g ordinance the City Councillnay provide for the processing of applications for special or c011ditional use pennits; and (B) That a special use pennit Inay be granted to an applicallt if the proposed use is othervvise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, il1cluding sclloo1 districts, to provide services for the proposed use, and whell it is not in conflict with the plan; and (C) That upon the granting of a special use perlnit, COllditiollS may be attached to a special use pennit, including, but not lilnited to, those: 1 ) Minimizillg adverse impact on other developluent; 2) Controlling the seque11ce and tinling of developluent; 3) Controlling the duration of developluent; 4) Assuring that development is mai11tained properly; 5) Designating the exact location and nature of development; requiring the provisioll for on-site or off-site public facilities or services; requiring more restrictive standards than those gellerally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 2 an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, includi11g school districts, providing services within the planning jllrisdiction. 3. The City of Meridian has exercised its authority to provide for the processi11g of applications for Conditional Use Pennits by the enactme11t of 9 11-2-418 MU11icipal Code. 4. Idaho Code S 67-6504 provides that the City Councillnay exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 5. The City of Meridian has enacted the COlnprehensive Plan City of Meridia11 adopted December 21, 1993, Ordinance No. 629, January 4, 1994. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A 110tice of a public hearing on the conditional use pennit was published for two (2) consecutive weelcs prior to the said public heari11g scheduled for Novelnber 16, 1999, before the City Council, the first publication appearing and written notice having been Inailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration lnore than FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 3 fifteen (15) days prior to said hearing a11d with the notice of public hearings having been posted upon the property under consideration luore tha11 011e week before said hearing a11d the copies of all notices were made available to l1ewspaper, radio and television stations as public service alIDouncements; and the matter having been duly considered by the City Council at the said November 16, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providi11g services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss67-6509 and 67-6512; and ssII-2-416E and 11-2-418E as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication a11d Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoni11g, Subdivision and Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted Deceluber 21,1993 Ordinance #629 - January 4,1994 and Maps a11d the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1230 Overland Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 4 5. The owner of record of the subject property is Hoyt C. Dobson of 600 W. 76th Ave., Apt. 303, Anchorage, Alasl(a. 6. Applicant is Overland Storage LLC of 1322 Torrey Lane, Nalnpa. 7. That the real property is zoned (C-G) General Retail and Service commercial which is defined within the City of Meridian Zoning and Developlnent Ordinance, Section 11-2-408(11). 8. The subject application is governed under the terms and conditio11s of a developlne11t agreement which requires the conditional use for the use and development of the subject real property as ordered by the City Council in City of Meridian Case No. AZ-99-018, and which development agreement provides conditions be provided for that requirement but are herein not limited to specific landscape/coll1ll1on area requirelnents, right-of-way dedication prior to sublnitti11g for building permits, signage restrictions, and bil(e lanes. 9. The proposed application requests a conditiol1al use permit for COl1struction, development, maintenance and operation of a cOlmnercial ministorage subdivision. The C-G zoning designation withi11 the City of Meridian Zoning and Developlnent Ordi11ance requires a conditional use permit be obtained for this lise. (Meridian City Zoning and Developlnent Ordinance, Section 11-2-409). The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 5 requested conditional use is described in the Preliminary Plat Drawing Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP- 1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision, for the development of the aforementioned projects and which property is described hereinbelow to-wit: LOT 5 AND 6 TIMOTHY SUBDIVISION A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., R.IE., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89044118" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89044118" W a distance of 714.94 feet to a point; Thence leaving said South line and along the Lot line common to Lot 4 and said Lot 5 of said Timothy Subdivision N 0028'51" E a distance of 700.00 feet to a point; Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy Subdivision N 51 026'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68022'27" E a distance of 410.39 feet to a 5/8 inch rebar; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 6 Thence S 29002'44'1 E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existing easeme11ts and rights-af-way of record or ilnplied. 10. The proposed application is in compliance with the Meridia11 Comprehensive Plan as enumerated in the Annexation and Zoning Findings 110. 14. in Case No. AZ-99-0I8, of the subject property which are herein adopted and referenced as if set forth at length. II. Giving due consideration to the cormnents received from the governmental subdivisions providing services in the City of Meridian plan11ing jurisdiction, public facilities and services required by the proposed development will 110t ilnpose expense upon the public if the following conditions of development are imposed and the following is also found to be required to Initigate the effects of the proposed use and developme11t upon services delivered by political subdivisio11s providing services to the subject real property within the planning jurisdiction of the City of Meridian. Adopt the Meridian Fire Department's Recoffilnendations as follows: 11.1 Applicants shall satisfy all fire code requirelnents including those pertaining to water flow a11d fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 7 Adopt the City of Meridian Water Dept. recommendations as follows: 11.2 Interior water mains and hydrants shall be privately ovvned a11d l11aintai11ed. Adopt the Nalupa & Meridian Irrigation District Recoll1mendations as follows: 11.3 Requires all laterals and wasteways be protected. 11.4 All municipal surface drainage shall be retained on site. If a11Y surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 11.5 Applicant IllUSt comply with Idaho Code 831-3805. 12. The uses proposed within the subject application will be subject to the conditions as set forth hereinbelow, and will be designed, constructed, operated a11d maintai11ed to be harmonious and appropriate in appearance or inte11ded character of the general vicinity aI1d that such uses will not change the intended essential character of the saIne area. Adopt the Planning and Zoning Adn1inistrator and Assistant City Engineer Recolnmendations as follows: 12.1 The maximum sign height shall be 5' x 12' as per the "SigI1 Plan" submitted aI1d which sign shall be located on site adjacent to the south end of the parl<ing lot, aI1d whicl1 "Sign Plan" is attached hereto as Exhibit "A" and C011sisti11g of two pages. Detailed signage plans are subject to design review and separate pennits. Temporary and A-frame signs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 8 and banners shall be prohibited and will be removed after 3 days notice to the owner. 12.2 Office area of the Caretaker's unit shalllneet all current Codes and comply with the Americans with Disabilities Act for parldng and access. 12.3 No fenci11g details were shown on the plan. Non- cOlnbustible fencing will be required for the boundary adjacent to Nine Mile Creelc.. Please SUblnit details, considering public safety and aesthetics in the design. 12.4 Assesslnel1t fees for water and sewer service to the office/residence shall be determined during the buildi11g pla11 review process. 12.5 State agencies recommend that grassy swales be used for pretreatment of storlTIWater. Drainage swales shall not be approved within the 35-foot-wide planting strip adjacent to Overland Road. 12.6 All driveways, parking, and vehicle use areas are to be paved. 12.7 The site plan does not allow for any la11dscaping on the mini -storage lot. The site plan lTIUst be revised to incorporate landscaping and the required number of trees. One three-inch (3") caliper tree is required per 1,500 s.f of asphalt on the site. Calculations showing total asphalt area and required number of trees must be provided on face of a landscape plan. A variance application must be filed with the City if the applicant does not wish to cOlnply with this requirement. 12.8 Provide detailed landscape plan for review and approval, including sizes and species of trees, shrubs, and all proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 9 12.9 12.10 12.11 12.12 .,( ground cover/treatlnent. Planting areas should not be less than 6' in any dimension. Solid walls of storage buildings are not aesthetically pleasing, will visually ilnpact all surrounding properties, and need to be softened with landscapil1g. Staff recommends that trees be placed at a minimum of 35 feet on cel1ter around the perilueter of the property. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Dumpsters are not typically provided at storage facilities due to misuse. However, if provided, they must be screened on at least 3 sides per City Ordinal1ce. The three parldng spaces proposed will be inadequate to accoffilnodate the demand for parldng on site by customers and others who come to help them Inove in and out of the storage units. The Zoning Ordinance does not specify parking requirements for storage facilities, so the applicant should make a case for the number of spaces they will provide. Handicap parldng will also have to be provided. Applicant shall be required to do a buffering strip arou11d the entire inside perimeter of the Nampa and Meridian Irrigation District easelnent. Additionally, since the area along Nine Mile Creek is within the Nampa a11d Meridia11 Irrigation District easelnent, the Landscape Plan, dated March 2, 2000, Sheet LS-I, shall be required to have a stamp of approval by the Nampa and Meridian Irrigation District, and a License Agreement shall be required between the Applicant and the Nampa and Meridian Irrigatiol1 District. The Nampa and Meridian Irrigation District approval and License Agreelnent must be submitted to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 10 Planning and Zoning Departlnent as part of the Certificate of Zoning COlnpliance sublnission. 13. The uses proposed vvithin the subject application vvill not be hazardous or disturbing to existing or future neighboring uses. 14. The uses proposed vvithin the subject application vvill be served adequately by central public facilities and services such as highways, streets, police a11d fire protection, drainage structures, refuse disposal, water, and sewer. IS. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated vvith the use. 16. The uses proposed vvithin the subject application vvill not involve uses, activities, processes, materials, equipment and conditions of operation that vvill be detrilnental to any persons, property or the general welfare by reason of excessive productio11 of traffic, noise, smoke, fumes, glare or odors. 17. The development vvill not result in the destruction, loss or dalnage of natural or scenic feature of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 11 ( I, NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant and owner of the property, is granted a conditional use permit for construction, development, maintenance and operation of a commercial ministorage subdivision, located at 1230 Overland Road, Meridian, Idaho, as described in the Preliminary Plan Drawing dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP-1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision, for the development of the aforementioned projects and which property is described hereinbelow to-wit: LOT 5 AND 6 TIMOTHY SUBDIVISION A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Timothy Subdivision and the existing right-of-way adjoining said Lots as shown on the Plat thereof as recorded in Bool( 31 at Page 1923 of Ada County Record's, said Lots being situated in a portion of the SE 1/4 of Section 18, T.3N., R.1E., Ada County, Idaho and being more particularly described as follows: Commencing at the SE corner of said Section 18, thence along the South line of said SE 1/4 S 89044'18" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89044'18" W a distance of 714.94 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 12 Thence leaving said South line and along the Lot line COlTIlTIOn to Lot 4 and said Lot 5 of said Timothy Subdivision N 0028'51" E a distance of 700.00 feet to a point; Thence along the Lot line cormTIon Lot 2 and said Lot 5 of said Timothy Subdivision N 51 026'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said Timothy Subdivision the following courses; S 68022'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29002'44" E a dista11ce of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less and is subject to all existi11g easeme11ts and rights-of-way of record or implied. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicants shall satisfy all fire code requirements including those pertaini11g to water flow and fire hydrants. 2.2 Interior water mains and hydrants shall be privately owned and maintained. 2.3 Requires all laterals and wasteways be protected. 2.4 All lTIunicipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nalnpa & Meridian Irrigation District must review drainage plans. 2.5 Applica11t must comply with Idaho Code 931-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 13 ( 2.6 The maximum sign height shall be 51 x 12' as per the "Sign Plan" subluitted and which sign shall be located on site adjace11t to the south end of the parldng lot, and which "Sign Plan" is attached hereto as Exhibit "A" a11d consisting of two pages. Detailed signage plans are subject to design review and separate permits. Temporary and A-frame signs and banners shall be prohibited a11d will be removed after 3 days notice to the owner. 2.7 Office area of the Caretal(er's unit shalllneet all curre11t Codes a11d cOlnply with the Americans with Disabilities Act for parldng and access. 2.8 No fencing details were shown on the plan. Non-combustible fe11cing will be required for the boundary adjacent to Nine Mile Creel(. Please sublnit details, considering public safety and aesthetics in the desigI1. 2.9 Assessment fees for water and sewer service to the office/residence shall be detennined dUri11g the building plan review process. 2.10 State agencies recommend that grassy swales be used for pretreatme11t of stormwater. Drainage swales shall not be approved within the 35-foot-wide planti11g strip adjacent to Overland Road. 2.11 All driveways, parldng, and vehicle use areas are to be paved. 2.12 The site plan does not allow for any landscaping on the mini-storage lot. The site plan must be revised to incorporate la11dscaping and the required nUlnber of trees. One three-inch (3") caliper tree is required per 1,500 s.f of asphalt on the site. Calculations showi11g total asphalt area a11d required number of trees must be provided on face of a landscape plan. A variance application must be filed with the City if the applicant does not wish to comply with this requirement. 2.13 Provide detailed landscape plan for review and approval, includi11g sizes and species of trees, shrubs, a11d all proposed ground cover/treatment. Pla11ting areas should not be less than 6' in any dimension. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 14 ( 2.14 Solid walls of storage buildings are not aesthetically pleasing, will visually impact all surrounding properties, and need to be softened with landscaping. Staff recommends that trees be placed at a minimuln of 35 feet on center around the perimeter of the property. 2.15 Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval froln their office prior to applying for a Certificate of ZOl1il1g Compliance. Dumpsters are not typically provided at storage facilities due to misuse. However, if provided, they must be screened on at least 3 sides per City Ordinance. 2.16 The three parldng spaces proposed will be inadequate to acconunodate the demand for parldng on site by customers and others who come to help them move in and out of the storage units. The Zoning Ordinance does not specify parldng requirelnents for storage facilities, so the applicant shollld mal(e a case for the number of spaces they will provide. Handicap parld11g will also have to be provided. 2.17 Applicant shall be required to do a bufferi11g strip around the entire inside perimeter of the Nampa and Meridian Irrigation District easement. Additionally, since the area along Nine Mile Creel( is within the Nalupa and Meridian Irrigation District easement, the Landscape Plan, dated March 2, 2000, Sheet LS-l, shall be required to have a stamp of approval by the Nampa and Meridian Irrigation District, and a License Agreement shall be required between the Applicant and the N ampa and Meridian Irrigation District. The Nampa and Meridian Irrigatio11 District approval and License Agreement must be submitted to the Planning and Zoning Department as part of the Certificate of Zoning Compliance sublnission. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a c011formed copy shall be served by the Cleric upon the applicant, the Planning a11d FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 15 ( Z011ing Department, Public W orl<.5 Department and City Attorney and any affected party requested 11otice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 16 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governi11g body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who 11as an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision a11d order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. A-M By action of the City Council at its regular meeting held on the T - day of ~ ~ ,2000. ROLL CALL COUNCILMAN ANDERSON VOTED~ ""---" COUNCILMAN BIRD VOTED COUNCILPERSON deWEERD VOTED*-- COUNCILPERSON Me CANDLESS VOTED $C<.- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 - 17 MAYOR ROBERT D. CORRIE (TIE BREAlCER) VOTED .--- DATED: ~-f-tJO MOTION: APPROVED~lf'-- rf) DISAPPROVED: Copy served upon Applicant, t11e Plalmi11g and Zoning Department, Public W orl(s Departnlent a11d City Attorney. Dated: 4-1-{J() msgjZ:\ V\' ork\M\Meridian 153 60M\Overland Ministorage\CUPFfClsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OVERLAND MINISTORGAGE BY: OVERLAND STORAGE LLC CASE NO. CUP-99-037 18 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) OVERLAND STORAGE, LLC FOR A ) CONDITIONAL USE PERMIT FOR A ) COMMERCIAL MINI STORAGE FACILITY ) LOCATED 1230 OVERLAND ROAD, ) MERIDIAN, IDAHO ) ) ) ) CASE NO. CUP-99-037 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This 1natter COIning before the City Council 011 the 7th day of December, 1999, for final action on conditional use per1nit application and the Council havil1g received and approving the recommendation of the Planning and ZoniI1g COlnluissioI1 the Council tal(es the following action: 1. That the Applicant aI1d owner of the property, is granted a conditionalllse perluit for COl1struction, development, maintena11ce and operation of a c01nmercial lui11istorage subdivision, located at 1230 Overland Road, Meridia11, Idaho, as described in the Preliminary Plat Drawing dated: 6-30-99, Drawn By: DAB, Checl(ed By: David A. Bailey, P.E., Project No. C996116, Sheet PP-1, by Pinnacle E11gi11eers, Inc., for the Overland Ministorage Subdivision, for the development of the aforementioned projects and which property is described hereinbelow to-wit: LOT 5 AND 6 TIMOTHY SUBDIVISION A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of Tiluothy Subdivision a11d the existing right-of-way adjoi11ing said Lots as shown on the Plat thereof as recorded in Bool( 31 at Page 1 923 of Ada County ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 OVERLAND STORAGE, LLC/OVERLAND MINISTORAGE SUBDIVISION/ CUP-99-037 Record's, said Lots being situated in a porti011 of the SE 1/4 of Sectio11 18, T.3N., R.IE., Ada County, Idaho and being lTIOre particularly described as follows: Commencing at the SE corner of said Sectio11 18, thence along the South line of said SE 1/4 S 89044'18" W a distance of 622.02 feet to the POINT OF BEGINNING: Thence continuing along said South line S 89044' 18" W a distance of 714.94 feet to a POi11t; Thence leaving said SOllth li11e and along the Lot line COffilTIOn to Lot 4 and said Lot 5 of said Timothy Subdivision N 0028'51" E a distance of 700.00 feet to a point; Thence along the Lot line COffilTI011 Lot 2 and said Lot 5 of said Timothy Subdivision N 51 026'32" E a distance of 21.83 feet to a 5/8 inch rebar; Thence along the exterior boundary of said TilTIothy Subdivision the following courses; S 68022'27" E a distance of 410.39 feet to a 5/8 inch rebar; Thence S 29002'44" E a distance of 639.50 feet to the POINT OF BEGINNING. Said parcel contains 7.90 acres more or less a11d is subject to all existing easelnents and rights-of-way of record or implied. 2. That the above nalned applicant is granted a conditional use permit for C011strllction, developluent and operation of a cOlumercial mi11istorage subdivisio11, located at 1230 Overland Road, Meridian, Idaho, subject to the following c011ditions of use and development: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow a11d fire hydrants. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 OVERLAND STORAGE, LLC/OVERLAND MINISTORAGE SUBDIVISION/ CUP-99-037 ( 2.2 Interior water mains and hydrants shall be privately owned and maintained. 2.3 Requires all laterals and wasteways be protected. 2.4 All mUl1icipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nalupa & Meridian Irrigatiol1 District l11USt review drainage plans. 2.5 Applicant lnust comply with Idaho Code S31-3805. 2.6 The maximum sign height shall be 5' x 12' as per the "Sign Plan" sublnitted and which sign shall be located on site adjacel1t to the south end of the parki11g lot, and which "Sign Plan" is attached hereto as Exhibit "A" and consisting of two pages. Detailed signage plal1s are subject to design review and separate permits. Temporary and A-fraIue signs and banners shall be prohibited and will be removed after 3 days notice to the owner. 2.7 Office area of the Caretal(er1s unit shalllueet all current Codes and comply with the Americans with Disabilities Act for parldng a11d access. 2.8 No fencing details were shown on the plan. Non-combustible fencing will be required for the boundary adjacent to Nine Mile Creel,. Please submit details, considering public safety and aesthetics in the design. 2.9 Assessment fees for water a11d sewer service to the office/residence shall be determined during the building plan review process. 2.10 State agencies recommend that grassy swales be used for pretreatlue11t of stormwater. Drainage swales shall not be approved withiI1 the 35- foot-wide planting strip adjace11t to Overland Road. 2.11 All driveways, parldI1g, and vehicle use areas are to be paved. 2.12 The site plan does not allow for any landscaping on the mini-storage lot. The site plan must be revised to incorporate landscaping and the required number of trees. One three-i11ch (3") caliper tree is required per ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 OVERLAND STORAGE, LLC/OVERLAND MINISTORAGE SUBDIVISION/ CUP-99-037 1,500 s.f of asphalt on the site. Calculations showing total asphalt area and required nU1nber of trees must be provided on face of a landscape pla11. A variance application must be filed with the City if the applica11t does not wish to comply with this requirement. 2.13 Provide detailed landscape plan for review and approval, i11Cludi11g sizes a11d species of trees, shrubs, and all proposed ground cover/treatment. Planting areas should not be less than 6' in any dimension. 2.14 Solid walls of storage buildings are not aesthetically pleasi11g, will visually impact all surrounding properties, and need to be softened with landscaping. Staff recommends that trees be placed at a mi11ilTIlllTI of 35 feet 011 center arOUl1d the perimeter of the property. 2.15 Applicant shall coordinate trash receptacle locations and constructiol1 requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zonil1g COlnpliance. Dumpsters are not typically provided at storage facilities due to misuse. However, if provided, they must be screened 011 at least 3 sides per City Ordinance. 2.16 The three parl<ing spaces proposed will be inadequate to aCC01111TIodate the demand for parl<.i11g on site by Cllstoll1ers and others who COlne to help theln Inove in and out of the storage units. The Zoning Ordinance does not specify parl<ing requirements for storage facilities, so the applicant should mal(e a case for the number of spaces they will provide. Handicap parl<.ing will also have to be provided. 2.17 Applicant shall be required to do a buffering strip around the e11tire inside perimeter of the Nampa and Meridian Irrigation District easement. Additionally, since the area along Nil1e Mile Creel( is within the Nampa and Meridian Irrigation District easement, the Landscape Plan, dated March 2, 2000, Sheet LS-l, shall be required to have a stamp of approval by the N ampa and Meridian Irrigation District, and a License Agreement shall be required between the Applicant and the Nalnpa and Meridian Irrigation District. The Nampa and Meridian Irrigation District approval a11d Lice11se Agreement must be Sub111itted ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 OVERLAND STORAGE, LLC/OVERLAND MINISTORAGE SUBDIVISION/ CUP-99-037 ( to the Planning and Zoning Department as part of the Certificate of ZOfling Compliance sublnissio11. 3. The above conditions are concluded to be reasonable and the applicant shall Ineet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of S 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. B~tiOIt. of the City Council at its regular meeting held on the ~day of _ , 2000. / ' !al{~fl ~ $dJ R<?oert D. Corrie, I\1ayer City of Meridian _ f<t9"hMcL/c-./J/}d... - jJff5/de~ e/~~c::L Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Departll1ent and City Attorney. By. City Clerl( Dated: 1---1-tJO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 OVERLAND STORAGE, LLCIOVERLAND MINISTORAGE SUBDIVISIONI CUP-99-037 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III BRENT JOHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE.. 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288~2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653..0247 TEL (208) 466..9272 FAX (208) 466..4405 · ALSO ADMITTED IN OR ..ALSQ ADMITTED IN WA J anllary 7, 2002 PLEASE REPLY TO MERIDIAN OFFICE Willialll G. Berg, Jr. City Clerl( 33 East Idaho Street Meridian, Idaho 83642 RECEIVED JAN - 9 2002 City of Meridian. City Clerk Office Re: OVERLAND MINI STORAGE SUBDIVISION FINAL PLAT (FP. 00-005) Dear Will: Regarding the above referenced Inatter, please find e11closed the origi11al of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER Up011 the Applicant, with a Certificate of Service i11 the file and a copy to Planning a11d Zonil1g a11d Public Works. If you have any questions, please give l11e a call. Very trnl)T S, msglZ:\Work\M\Meridian 15360M\Overland Mini Storage FP\Clerk042 IOO.Ltr ( , Li BEFORE THE MERIDIAN CITY COUNCIL ~ 04-21-00 Revised 01/07/02 IN THE MATTER OF THE ) APPLICATION OF OVERLAND ) MINI STORAGE, LLC, FOR ) APPROVAL OF FINAL PLAT ) FOR OVERLAND MINI ) STORAGE SUBDIVISION ) LOCATED AT 1230 E. ) OVERLAND ROAD, LOTS 5 ) AND 6, BLOCI( 1 OF TIMOTHY ) SUBDIVISION, MERIDIAN, ) IDAHO ) ) CASE NO. FP-OO-005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This nlatter coming before the City Council for Fi11al Plat approval pllrsua11t to Meridian City Code ~ 12-3-7 on April 18, 2000, and the Council fil1ding that the Administrative Review is complete which has included certain commel1ts and conditions as stated in a letter to the Mayor and Council frolTI Shari Stiles, Planning and Zonil1g Admi11istrator, and Bruce Frecldeton, Engineering Technician III, listi11g 10 General COlTIlTIe11ts and 14 Site Specific COffilnents, which are herein fOllnd fair and reasonable, and that Shari Stiles, Plan11i11g and Z011i11g Administrator, cOffilnented at the hearing, a11d Bob Unger appeared and testified on behalf of the ORDER OF CONDITIONAL APPROVAL OF -- PAGE I OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP-OO-OOS) Applicant, and the Council having considered the requirements of the prelimi11ary plat the COU11Cil tal(es the following action: IT IS HEREBY ORDERED THAT: 1. The revised Fi11al Plat of "OVERLAND MINI-STORAGE SUBDIVISION" as evidenced in Plat bearing t11e File name: "PLAT OF OVERLAND MINI-STORAGE SUBDIVISION, A RESUBDIVISION OF LOTS 5 AND 6 BLOCI( 1 OF TIMOTHY SUBDIVISION, BOOI(31, PAGES 1923 AND 1924 OF PLATS LYING IN A PORTION OF THE SEl/4 OF THE SEI/4 OF SECTION 18 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING NO. S3 96116, SHEET I OF 2, WRITTEN DATE: 15 NOV 01, PINNACLE ENGINEERGS, INC., Consulti11g Engineers, MlI<E BLEDSOE, Developer", is Conditio11ally Approved sllbject to those conditio11s of Staff comments as set forth in the Memoral1dum to the Mayor and City Council frOITI Bruce Frecl<leton, Engineering Tech11ician III, and Shari Stiles, Planl1ing a11d Zoning Adluinistrator, dated April 14, 2000, listil1g 10 Ge11eral COffiluents and 14 Site Specific COffi111ents, a true and correct copy is attached hereto as Exhibit "A" and consisting of 4 pages, and by this reference incorporated herei11, with the additional requirements as follows, to-wit: ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 4 FINAL PLAT FOR OVERlAND MINI STORAGE SUBDMSION (FP-OO-005) 1.1 Fire Chief, I(enny Bowers, requires that fire hydrants shall be added throughout the project. Additiol1ally, because of the length of the building, fire curtains might l1eed to be added. 1.2 The Cel1tral District Health Departn1ent requires after written approval from the appropriate entities are sllblnitted, they can approve this proposal for central sewage and central water; that plal1S must be submitted to and approved by the Idaho Department of Health al1d Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a lnosquito breeding probleln; and it is suggested that storlTIWater be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groul1dwater al1d surface water quality; that engineers and architects shollld obtain currel1t best lnanagement practices for stonnwater disposal and design a stormwater Inanagen1ent systelTI that is preventing groundwater and surface water degradatio11. Manuals for guidance: 1.2.1 State of Idaho Catalog Of StorlTIWater Best Managelnent Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP-OO-OOS) 1.2.2 Stormwater Best Managelnent Practices Guideboolc. Prepared by City of Boise Public Works Department, January 1997. 1.2.3 No lot size Iuay be reduced without prior approval of the Health DepartlueI1t authority. 1.3 The Nan1pa & Meridian Irrigation District noted that the District's recorded easement of the Ninemile Drain is 60 feet, 30 feet froIu the center each way. The District notes the final plat does not reflect the recorded easement. 2. The fi11al plat upon which there is cOI1tained the Certification and signature of the City Cleric and the City Engineer verifying that the plat Iueets the City's requirements shall be signed 011ly at such time as: 1. The Plat diIneI1sions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvell1ents are cOlupleted and/or the appropriate letter of credit or cash has beeI1 issued guaranteeiI1g the cOIupletioI1 of off-site and required on- site improvements. By action of the City Council at its regular meetil1g held on the 18th day of April, 2000. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 4 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP-OO-OOS) ( By: Copy served llpon Applica11t, the Planni11g and Zoning Departlnent a11d the Public W orles Departlnent. ByJ~fl&~ r; City Clerk (/ , Dated: 1f '.... msg\Z:\ W ork\M\Meridial1 15360M\Overland Mini Storage FP\Order FP ORDER OF CONDITIONAL APPROVAL OF -- PAGE 5 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP-OO-OOS) MA YOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live ( CITY OF MERIDIAN LEGAL DEPARTMENT . (208) 288.2.499 · Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Kei th Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (~08) 887 -2211 · Fax 887 -1297 PLANNING AND ZONING DEPARTMENT (208) 88-l-5533 · Fax 888-6854 1vfEMORANDUM:: April 14,2000 Re: Mayor and City Council Bruce Freckleton, Assistant to City Engine~ Shari Stiles, anning & Zoning Administrator 6c;:;- OVERLAND MINI-STORAGE by Overland Storage, LLC/Pinnacle Engineers . Request for Final Plat to Create Four (4) Commercial Lots by Resul:xlividing Lots 5 and 6, Block 1, Timothy Subdivision. To: From: We have reviewed this submittal and offer 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: GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped 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. No variances have been requested for tiling of any ditches crossing this project. 2. Applicant is to meet all terms and conditions of the approved preliminary plat. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Title 9. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. Submit "final" letter from the Ada County Street Name Committee, approving the sul:xlivision and street names and lot and block numbering. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for compliance review and approval prior to approval of development plans. Exhibit "A" 1 of 4 Overland Mini Storagc.FP.doc ,/ Mayor & Council April 14, 2000 Page 2 8. Off-street parking areas shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 9. All signage shall be in accordance with the standards set forth in City Ordinance 11-14 of the City of Meridian Zoning and Development Ordinance and/or as allowed under the conditional use permit process. No temporary signage, flags, banners or flashing signs will be permitted. 10. If possible, please respond in writing to the each of the comments contained in this memorand~ prior to the scheduled April 18, 2000 hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 2. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. 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. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. 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. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 4. Two-hundred-fifty- and IOO-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. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (Ovmer's Association), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of Exhibit "A" 2 of 4 Overland Mini Storage.FP.doc FP-OO-OOS I~('> . '. \t},~..,.,.-;.\.~,.- /.. },),.,. I -- ( Mayor & Council April 14, 2000 Page 3 water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a 35-foot-wide planting strip beyond required right-of-way of Overland Road shall be constructed. 7. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval prior to signature on the final plat. Due to the unusual circuinstances associated with landscaping along Nine Mile Creek, a landscape/fencing plan shall be stamped as approved by Nampa-Meridian Irrigation District prior to signature on the the final plat and/or acceptance of a building permit application. 8. All required fencing is to be in place prior to applying for building permits. 9. The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500-year flood; areas of 100-year flood with average depths ofless than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1 DO-year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. A note shall be required on the face of the plat that identifies the existence of the flood plain, and the requirements for construction within. 10. In the future, final plat map submittals to the City of Meridian shall be on 18x27 inch format as required by Idaho Code 50-1304. The plats shall be stamped, signed and dated by the Registered Professional Land Surveyor preparing said plat. Any submittals not complying to these requirements will not be considered complete. 11. The Certificate of Owners must contain a metes and bounds legal description of the proposed subdivision boundary. The existing lot, block, and subdivision description is not acceptable by the City of Meridian, nor the Ada County Surveyor. 12. Land surveyor preparing this plat needs to sign and stamp the Certificate of Surveyor, and face of plat. 13. Complete the Certificate of Owners; and the accompanying Acknowledgement. ExhibIt "A" 3 of 4 Overland Mini Storage.FP.doc FP-OO-OOS / :~ Mayor & Council April 14, 2000 Page 4 14. Please add or revise the following notes: ( 4.) Add instrument number to this note. (11.) 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. (12.) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. . Exhibit "A" 4 of 4 Overland Mini Storage.FP.doc FP-OO-005 ~~.~ ~ a ~f g ! l ~l! ~fH I~ i 3l!s % b ~ !~~ ~a~ ~ a ~ :I! M I ~~~ ~9~ - :~ ~ If ~ ~ i ~ii I~~ ~, ,~~ : ~ II f !i; i~~ j ! ~J I:i i i !!; iU f~ ~~ II h! ! i I~ I j (ij ,~I ~!l~ I~ a ~!f l , ~~ i =! If~ 5S~ ~ ~ 2a~ ~ iii ~~j iH~UI ~ I~~; I !lif;Uj; I!HiHH i;i ip ! ~ W ~. ~s a.~ I~ ~ ~ii s~ e s~ I~ :: : ~ 81 i~1 =1 ~ ~~~ ~~ ~ ~f I~ llll!J J.. ..a.. ~11 Uia ~i · 11~~~I:~i ~b 1I~:fi:: ~ll~ n ~ ;l ~!4: ~~ ~w <g~ ~g~ g~ 9 ~~a ~~ ~ ..: I.f ,; ...;. .. 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I would encourage you to mention to Doug to note this project as well as the other projects that he was going to discuss with him. Bowcutt: Okay. That sounds good~ One of the big problems we have is with their attorney. Maybe it'd be nice if your attomey could talk to their attorney~ Corrie: Okay. Any other questions from staff or Becky? deWeerd: No. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for final plat approval for Wilkins Ranch Subdivision, Item No.7. McCandless: Mr. Mayor, I move that we approve the final plat approval for 27.61 acres with 81 building lots in an R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC, and instruct our attorney to prepare the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate the comments of Planning and Zoning. Corrie: Is there a second? deWeerd: Second. Corrie: Okay, motion has been made and seconded to approve the final plat of Wilkins Ranch Subdivision, Item No.7, FP 00-006, and to incorporate the comments of the Planning and Zoning as staff and to have the attorney draw up the proper order and papers. Any further discussion? Hearing none, roll-call vote, Mr. Berg. RoIJ-cal/: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 00-005 Request for final plat approval for 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 E. Overland Road: Corrie: Item No.8 is a request for final plat approval of 7.25 acres with 4 building lots in a proposed C-G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC, 1230 East Overland Road. Staff comments. ( r \ Meridian City Council Meeting l Apri118J2000 Page 15 Stiles: Mr. Mayor and Council, I'd just like to verify with the City Clerk that the Ordinance for this property has been published. We got a little ahead of ourselves in processing this application. It shouldn't have been processed until the annexation was actually approved, but - Berg: (inaudible) Stiles: It was approved on the 4th. Is that a problem if it hasn't? Nichols: Mr. Mayor, members of the Council, if the ordinance has not been published, we can put this off and after a break, Mr. Berg can check in terms of a publication date, but if it's not in the requisite amount of time, then we shouldn't act on this particular deal. Berg: I'm assuming we'd do it after (inaudible) Bird: Can you check it out if we take a five-minute break? Corrie: Or do you want to wait until the next meeting? Can you look it up? don't want to put you on the spot. Berg: I don't think I could even do that for sure because we don't even get the notice back of being published until after the fact, and that's usually about two weeks after the fact. Nichols: Mr. Mayor, members of the Council, Mr. Unger is here representing the applicant, and I don't know if he has seen the Ordinance published. Corrie: Let the record show that Mr. Unger is shaking his head no. Okay. Probably a better idea to table it to the 2nd of May. Bird: Mr. Mayor, Mr. Clerk, do we have a letter of transmittal or anything that we send in with these ordinances that would show when it was sent or anything? How do we do that? I'm asking the question. Berg: Mr. Mayor, members of the Council, we fax the Ordinances in. We do a lot of a-mail transmission, but I think with the Ordinances signed and stuff, we'll fax them in or mail them in, and then we get a notice, a certified notice from the Statesman saying they published it in the paper. Like I said1 that's a couple weeks after the fact that we turn it in. I'd have to look through Shelby's file to find a fax confirmation that we turned it in, but my concern is that wouldn't tell me for sure when it was published. We have a window of 10 days after it's passed to get it in. Sometimes we have the map, or sometimes we have to get the map. Bird: And we don't control when they publish it as long as we get it in. Meridian City Council Meeting \ , Aprtl18, 2000 Page 16 ( Berg: We get it in by a certain time. They say it's going to be published in Friday's papers. Friday is what they set aside for Meridian's - so much for a daily newspaper. We have a designated date of Fridays. Corrie: Bob, did you want to say something? Come up here, give you the privilege. It's your final plat. I have a question that I'm sure you're going to answer here. Unger: Bob Unger with Pinnacle Engineers, 870 North Linder Road, Suite B, Meridian. I guess the question I have is since the plat is not being signed yet, do we really have such a legal technicality here that the City Council couldn't go forward and then approve the final plat with the understanding that it wouldn't get signed until verification of the Ordinance being published? Could we not go forward that way? Corrie: That's a legal question. Counselor, do you have any comments? Nichols: Mayor, members of the Council, I think that might be okay because you're going to do Findings of Facts and Conclusions of Law anyway. Aren't you, on these final plats? You're going to have that, so if you tell me, go, then we'll have it ready to go on the 2nd. That way it's not put off for another two weeks. Corrie: Okay. Any other questions, discussion? Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law, Decision of Order for Overland Mini Storage, the final plat approval of 7.25 acres with 4 building lots in a proposed C-G zone at 1230 East Overland Road to include staff comments. That's automatic. deWeerd: I'd second it. Corrie: Motion's been made and seconded to approve the request for the final plat and the attorney to draw up the Findings of Facts and Conclusions of Law including staff comments for the 5-2-2000 meeting. Any further discussion? Okay. Mr. Bergl would you take a roll-call vote, please. Roll-call: deWeerd) aye; McCandless} aye; Bird} aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled April 4, 2000: Ada County Development Services 00-10 PDR I 00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan Road: