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Home My WebLink About2000 07-05 ( Meridian City Council Agenda July 5, 2000 @ 7:30 P.M. Roll-Call: City Council Chambers ,~. Tammy deWeerd ~ Cherie McCandless _ Ron An?Jrson Keith Bird Mayor Robert Corrie CONSENT AGENDA Item A. Tabled June 20, 2000: 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 T ouchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: ~~ -fo g--!-OO Item B. Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: Moved to Item 10 Item C. Findings of Facts and Conclusions of Law: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: approv.e- Item D. Findings of Facts and Conclusions of Law: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: aj7j:Jn7VL- Item E. Findings of Facts and Conclusions of Law: PP 00-008 Request for Preliminary Plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: af/pJ-OVR-- July 5, 2000 Page 1 Materials presented at public meetings shall become property of the Meridian City Council (< Item F. Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: B ,]\ ~v~ ~ I~ #( -h-irU ~ 7--(i7'-Pv Item G. Findings of Facts and Conclusions of Law: AZ 00-011 Request for annexation and zoning by Pangaea Land Planning of 3.4 acres from RT and R1 (Ada County) to R-15 for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way: p--'pflro v..e....- Item H. Findings of Facts and Conclusions of Law: CUP 00-028 Request for Conditional Use Permit by Pangaea Land Planning to construct 10 four-plexes on 3.4 acres in proposed R-15 zone for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way: a-Jlprov~ Item I. Findings of Facts and Conclusions of Law: V AC 00-004 Request for vacation of a 3D-foot, non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeff Manship - Black Cat and Ten Mile: /L.f'PY1J v ~ Item J. Findings of Facts and Conclusions of Law: CUP 00-024 Request for Conditional Use Permit by James L. Aimonetto for a temporary office trailer currently in an I-L zone - 2204 Lanark: ~PJ:fflf)V~ Item K. Findings of Facts and Conclusions of Law: CUP 00-025 Request for Conditional Use Permit by Terrace Plaza, LLC, for a planned-unit development, proposed Terrace Plaza, to construct a second building in an I-L zone - 199 North Linder Road: t&f?11'I1 V'~ Item L. Development Agreement: AZ 99-014 Request for annexation and zoning of 4.34 acres (R-T to C-G) by Sonntag Eye Associates or assigns - Lot 15 of M,iC View Subdivision: P?)'p1-Pv~ /2ef~ 32.,-1' Item M. Findings of Facts and Conclusions of Law: CUP 99-024 Request for Conditional Use Permit for 60,000 s.f. medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: ti ffYt?v~ Item N. Ada County Development Services 00-10PDR I 00-05 ZC - Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres by Steve Smith - "Y2 mile east of Eagle Road on McMillan Road: {l1?y a-fI-&f-/lter; .,LP ~fr.e: f-<7 ~ #- I A fJreptM-( I'h-Qcup'ed.. -II-/{ ell. Item O. Approve bills: Il?'J?l-(1V./l- July 5J 2000 Page 2 Materials presented at public meetings shall become property of the Meridian City Council ( ( Item P. Approve minutes of June 6, 2000, special Pre-Council meeting: -laUe- ~ ?-/8-00 Approve minutes of June 6, 2000, regular City Council meeting: AfJCL fv 7-($-00 Approve minutes of June 20, 2000, special Pre-Council meeting: hoee ~ 7-/e-tJo Development Agreement: AZ 99-018 Addendum to Development Agreement for Overland Storage, LLC, amending Section 4.1: ~fJl7Ypve I2eJ~-/~.P 370 REGULAR AGENDA Item 1. (items moved from Consent Agenda) N, F I / rZ- Item 2. Public Hearing: COMPASS 2020 Plan: Cunh'-nt.<LjJ/A- 7-1ti'-oo Item 3. Ordinance No. t371 : AZ 99-014 Request for annexation and zoning of 4.34 acres (R-T to C-G) by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: /L n:nvv-~ Item 4. Public Hearing: VAR 00-010 Request for a reduction in the required landscaping setbacks for Centennial Motors to allow 20 feet instead of 36 feet along Franklin Road and 10 feet instead of 20 feet along the Rose Park Mobile Home Park by Sam Fishel - 225 W~st Franklin Road: /0/ a'-ffr;r't-Uj ;4; ~f7~ -:/ // -I ~/-e. Item 5. CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-and-Ride lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: p(~~J. -jr;. ;r-e-j/~ ///, c/-f. Item 6. CUP 00-034 Request for amendment to Conditional Use Permit for a proposal of a larger sign and additional pylon sign to the site at Oakbrook Plaza currently in a C-G zone by Dan Conlin, Idaho Electric Signs - 2100 through 2180 Fairview Avenue: a ff trV~ -/'C7 f^R-fl/VtL +1 ~ ~ e l-e Item 7. CUP 00-031 Request for Conditional Use Permit to construct two office I warehouse buildings on 4.13 acres currently in an I-L zone by H & W, Inc. - northwest corner of Franklin Road and 10th Street: ~~<j Ie ~j1~ ;/;: 1 c./ L Item 8. FP 00-010 Req~est for Final Plat approval for Wesley Subdivision of 32 building lots and 3 other lots on 5.029 acres by Centers Construction, Inc. - west of Locust Grove Road and north of Fairview Avenue: ~I1)'n'Ov~ hJ~~ f'1aff-/k~~f July 51 2000 Page 3 Materials presented at public meetings shall become property of the Meridian City Council Item Q. Item R. Item S. Item 9. Item 10. Item 11. Appeal of Planning and Zoning Administrator's Decision to Require a Conditional Use Permit by Eagle Concrete Pumping - Baltic Street in The Meridian Business and Industrial Park: a.ehY 0'p;U~ Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron / McDonalds in a C-G zone - 603 South Eagle Road: t'-tjl)fr17v.e /Lefr"r..RII- Department Reports: A. City Engineer - Gary Smith: 1. 2000 Waterline Improvement Project - Ustick Road Waterline Extension: a- PPy C/ v.e...- 2. Drilling of Supply Well No. 21 - Change Order No.1: alP 7^Ov.e- 3. Agreement for Surveying Services - Plaza Sewer Rehabilitation Project: ~p;PrOt/~ B. Mayor Robert Corrie: 1. Appointments for Parks and Recreation Commissioners: afP'!V~ tvljJ-oI},,~+r )}aVIC;( Moser - 12..,c-Dl+ic/o .5CILN;/ d/Jln~t- ~6h/'e tr./afi:/h s {i ~ {! It.i!/\.i e h1c. La ~c.t (R 5J : I. fJm~dfl'L{J4..fp fJfZ.1.)~ P~?:1 mtl-n(,.r-~ - j/?:k. LeAVe... dtnu:ded Iv iei-miha.{.-{, ;/( eh4~O~ a-CC~ f.r;- ~/~ /lLJ~~ :D ' I&~}-/v l}z ~ t( ~ t. /Pk~fJ)~ C<:J}.CVvh~Ft.J fj~c';"J wI' Id,~ Jh-h~ E.. ~~J~ s l ~ctyf- tJcn...IcJf-,"t, July 5, 2000 Page 4 Materials presented at public meetings shall become property of the Meridian City Council Meridian City Council Agenda July 5, 2000 @ 7:30 P.M. City Council Chambers Roll-Call: .X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird Mayor Robert Corrie CONSENT AGENDA Item A. Tabled June 20, 2000: 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: Table to August 1, 2000 Item B. Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: Moved to Item 10 Item C. Findings of Facts and Conclusions of Law: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court: Approve Item D. Findings of Facts and Conclusions of Law: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE ~, SW %, Section 6, T3N, R1 E: Approve Item E. Findings of Facts and Conclusions of Law: PP 00-008 Request for Preliminary Plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E: Approve Item F. Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC July 572000 Page 1 Materials presented at pUblic meetings shall become property of the Meridian City Council Item G. Item H. Item I. Item J. Item K. Item L. Item M. Item N. ? i I ( - southwest corner of Black Cat and Ustick Roads: Table to July 18,2000 Findings of Facts and Conclusions of Law: AZ 00-011 Request for annexation and zoning by Pangaea Land Planning of 3.4 acres from RT and R1 (Ada County) to R-15 for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way: Approve Findings of Facts and Conclusions of Law: CUP 00-028 Request for Conditional Use Permit by Pangaea land Planning to construct 10 four-plexes on 3.4 acres in proposed R-15 zone for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way: Approve Findings of Facts and Conclusions of Law: VAC 00-004 Request for vacation of a 3D-foot, non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeff Manship - Black Cat and Ten Mile: Approve Findings of Facts and Conclusions of Law: CUP 00-024 Request for Conditional Use Permit by James L. Aimonetto for a temporary office trailer currently in an I-L zone - 2204 Lanark: Approve Findings of Facts and Conclusions of Law: CUP 00-025 Request for Conditional Use Permit by Terrace Plaza, LLC, for a planned-unit development, proposed Terrace Plaza, to construct a second building in an I-L zone - 199 North Linder Road: Approve Development Agreement: AZ 99-014 Request for annexation and zoning of 4.34 acres (R-T to C-G) by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: Approve Resolution No. 329 Findings of Facts and Conclusions of Law: CUP 99-024 Request for Conditional Use Permit for 60,000 s.f. medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: Approve Ada County Development Services 00-10PDR I 00-05 ze - Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres by Steve Smith - % mile east of Eagle Road on McMillan Road: Moved to 1n Item O. Approve bills: Approve July 5, 2000 Page 2 Materials presented at public meetings shall become property of the Meridian City Council Item P. Item Q. Item R. Item S. Item 1. Item 2. Item 3. Item 4. Item 5. ( ( Approve minutes of June 6, 2000, special Pre-Council meeting: Tabled to July 18, 2000 Approve minutes of June 6, 2000, regular City Council meeting: Tabled to July 18, 2000 Approve minutes of June 20, 2000, special Pre-Council meeting: Tabled to July 18, 2000 Development Agreement: AZ 99-018 Addendum to Development Agreement for Overland Storage, LLC, amending Section 4.1: Approve Resolution No. 330 REGULAR AGENDA N. Ada County Development Services 00-10PDR J 00-05 ZC - Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres by Steve Smith - % mile east of Eagle Road on McMillan Road: Attorney to prepare modified Findings of Facts and Conclusions of Law Public Hearing: COMPASS 2020 Plan: Continue public hearing to July 18, 2000 Ordinance No. 879: AZ 99-014 Request for annexation and zoning of 4.34 acres (R-T to C-G) by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: Approve Public Hearing: VAR 00-010 Request for a reduction in the required landscaping setbacks for Centennial Motors to allow 20 feet instead of 36 feet along Franklin Road and 10 feet instead of 20 feet along the Rose Park Mobile Home Park by Sam Fishel - 225 West Franklin Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval CUP 00-032 Request for Conditional Use Permit for 6.36 acres for a proposed Park-snd-Ride lot for 100 vehicles by Ada County Highway District currently in a C-G zone - southwest corner of Meridian Road and northeast corner of Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Item 6. CUP 00-034 Request for amendment to Conditional Use Permit for a proposal of a larger sign and additional pylon sign to the site at Oakbrook Plaza currently in a C-G zone by Dan Conlin, Idaho July 5, 2000 Page 3 Materials presented at public meetings shall become property of the Meridian City Council Item 7. Item 8. Item 9. Item 10. Item 11. July 5, 2000 Page 4 ( Electric Signs - 2100 through 2180 Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval CUP 00-031 Request for Conditional Use Permit to construct two office I warehouse buildings on 4.13 acres currently in an I-L zone by H & W, Inc. - northwest corner of Franklin Road and 10th Street: Attorney to prepare Findings of Facts and Conclusions of Law for approval FP 00-010 Request for Final Plat approval for Wesley Subdivision of 32 building lots and 3 other lots on 5.029 acres by Centers Construction, Inc. - west of Locust Grove Road and north of Fairview Avenue: Approve with staff requirements Appeal of Planning and Zoning Administrator's Decision to Require a Conditional Use Permit by Eagle Concrete Pumping - Baltic Street in The Meridian Business and Industrial Park: Deny appeal Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: Approve request DepanJnentReports: A. City Engineer - Gary Smith: 1. 2000 Waterline Improvement Project - Ustick Road Waterline Extension: Approve 2. Drilling of Supply Well No. 21 - Change Order No.1: Approve 3. Agreement for Surveying Services - Plaza Sewer Rehabilitation Project: Approve B. Mayor Robert Corrie: 1. Appointments for Parks and Recreation Commissioners: Approve appointments: David Moser - ex officio school district and Debbie Watkins c. Cherie McCandless: Materials presented at public meetings shall become property of the Meridian City Council 1. Amendment to Personnel Policy Manual - sick leave donated to terminally ill employee: Attorney to prepare Resolution D. Keith Bird: 1. Discussion concerning financing Police Station: E. Ron Anderson: 1. Budget Workshop: July 5,2000 Page 5 Materials presented at public meetings shall become property of the Meridian City Council Meridian City Pre-Council Meetina Julv 5. 2000 The Pre-Council meeting of the Meridian City Council was called to order at 6:35 p.m. on Tuesday, July 5, 2000, by Council President Keith Bird. Members present Keith Bird, Cherie McCandless, Ron Anderson, Tammy deWeerd. Members absent: Mayor Robert D. Corrie. Others present: Bill Nichols, Shari Stiles, Bill Gordon, Ken Bowers, Will Berg. Bird: 1'(1 open the Pre-Council meeting on July 5, 2000, at 6:35 p.m. We will discuss agenda items and department reports which are on the scheduled City Council meeting. Okay. Mr. Smith called and had an emergency come up and will not make it tonight. We'll go from there. Council, have you seen the agenda? Let's start with the department heads. Any of the Consent Agenda, Mr. Clerk - Item 1 o. Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron/McDonalds in a C-G zone - 603 South Eagle Road: Berg: Mr. PresidentJ members of the Council, just an item for notation. On Consent Agenda Item D, that needs to be moved to the regular agenda Item 10, and that shows on the revised agenda. Also- McCandless: Move to Agenda Item 1 O? Berg: If you look on your new, revised agenda, it places it as Item No. 10. It placed it there because we needed to have it on the regular agenda. Also, on the Consent Agenda for what you had originally looked at, the minutes to the previous meetings were added to the Consent Agenda. Also an addendum to the Development Agreement, Item S, was added to the Consent. It's amending a section to the Development Agreement for Overland Storage. Also, what was added to your agenda was Department Reports from Mayor Corrie. Bird: All the Development Agreements and everything that's necessary are in our hands? Item M. Development Agreement: AZ 99-014 Request for annexation and zoning of 4.34 acres from RT to CG by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision: Meridian City Pre.Council MJ- , July 5,2000 Page 2 Berg: On Item L, Development Agreement for Sonntag Eye Associates, we have that signed agreement and also for Item S, the Amendment, the Addendum for the Development Agreement for Overland Storage is also signed. ( Item N. Ada County Development Services: Preliminary Plat for Edinburgh Subdivision 53 lots and 5 other lots on 17.76 acres by Steve Smith: McCandless: Mr. President, for Item N, we need to move that to the regular agenda. Bird: Okay. We'll move that one to Item 1 on the regular agenda. Meet your approval, Council? deWeerd: Mr. President, I would like to move Item F to the regular agenda. Bird: That'll go under 1 B. Berg: Mr. President, and members of the Council, Item F also has a preliminary plat that needs to go with it. There was a little misunderstanding with a memo that came from the attorney's office, and so that - those findings for the preliminary plat as well as the annexation and zoning needs to be approved by the Council. My suggestion is if youJre going to move Item F, make a spot for F1 or something of that nature that deals with the preliminary plat. Bird: Okay, we'll make Item F 1 Band 1 C will be Item F1. Berg: Is that correct, Mr. Attorney? Nichols: Yes, President Bird, members of the Council, sort of for future reference, we can keep these things square when we move them, the regular agenda, just keep the same letter. That's like 1 F, 1 N even though it's kind of lacking, but at least it keeps it continuous for the Consent Agenda, and for the future you might consider that. On this particular one, on Autumn Faire, we did receive a request for reconsideration from an attorney for the developer / applicant. That should be in your packets, a detailed letter from Susan Wildwood, and that's why it needs to be pulled. So if you decide to reconsider, you have a place to do it. Item A. Tabled June 20, 2000: 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 8t. Luke's between Franklin Road and Insterstate 84: Meridian City Pre-Council MJ July 5, 2000 Page 3 deWeerd: Mr. President, Mr. Clerk, did we have all the necessary papers from Touchmark which is Item A? ( Berg: Councilwoman deWeerd, members of the Council, we have not received the signed development agreement, and that's what is holding that up. Bird: We need to table that one, then? deWeerd: It seems that we requested at a prior meeting, and since I haven't read my minutes yet, I don't know when, but that we ask when specifically we should expect this so that we don't see it every time we have a meeting. Bird: Was that on that one, Tammy? I thought it was on another one. Let me look real fast. deWeerd: If they didn't, may I make that suggestion? If they're not going to do something for a number of months, I really - it just doesn't make a whole lot of sense that every meeting we have to table this. Bird: I agree, Councilwoman deWeerd. The situation in the past was that we'd approve annexation and zoning Findings and wait for Development Agreements before approving the Ordinance and the CUP Findings. Of course, we don't have a Development Agreement to put on the agenda nor the Ordinance, but yet, the Findings for the CUP comes on the agenda with the Findings for the annexation and zoning. That we try to hold those things back to keep them in order. I've contacted, not myself, but my office, the representative for Touchmark and they say that they're trying to get the correct people to sign it. I have not heard anything about not liking what's on the Development Agreement. Maybe the City Attorney can confirm that. All I've understood is getting the right people to sign. We have tried to follow that up, but I know this is a continuous table because we don't know when for sure we'll get that document in our office and get it put on the agenda, but because it's on the agenda, we keep getting it tabled. Parliamentary procedure, and that we can do some other thing and just - deWeerd: We've had this since April, and so I would not like to see it again until it's signed. Can we do that? Bird: Mr. Attorney? Nichols: President Bird, members of the Council, when I last talked to Steve Bradbury, the attorney for Touchmark, he and I think I talked to him the day of the Council meeting a couple months ago, and they were scrambling to get signatures. I don't know what's happened with it. I can follow up on that. It might be appropriate to simply table this to a meeting in August unless we get the Development Agreement back sooner, and Mr. Berg can put it on a sooner agenda and proceed. Meridian City Pre-Council Mal July 5,2000 Page 4 / Bird: You think we need to table it, though? We don't just want to take it and pull it off? Nichols: Well, it's easy - we've had a few of these things come up in the last six months or so where we've had Development Agreements that were supposed to be done maybe several years before. They didn't, for whatever reason three or four years ago, they didn't get done, and all of a sudden somebody's saying we need to have one now. This is a way of keeping it on our plate so that we don't forget about it. I don't know that it's the best way to do that. You can - if you'll do this, table to the next meeting, I'll personally call Steve Bradbury tomorrow and ask him where it is. Bird: All right with you, Councilwoman deWeerd? deWeerd: Yes, and I appreciate all your help. Bird: Any other things before we go to Shari and see if she's got anything that we need to look at on any of these? deWeerd: Mr. President, you may notice I don't know if I'm - if I got up on the wrong side of the bed this morning, but it's - when we don't get our minutes, it's very difficult reading these Findings and seeing that everything that we had mentioned or that was discussed is in it because I don't keep my packet of material, so I don't know how the rest of you read these and make sure they're accurate, but without the minutes, it's very difficult for me to know that everything's in here or not. I know that our City Attorney takes very good notes, but he doesn't have the minutes either. Bird: Tammy, we just had a talk with the City Clerk's office this afternoon. My personal opinion is that we don't have the minutes to read by the Friday before the Council meeting, we won't have a Council meeting. That means that we need to hire a new person. Hire another person. We realize that the Clerk's office is running shorthanded, but we need - we as Council last year said no new hires, but this is a case where the Clerk's office, by State Statute, is given charges to do and stuff, and this is one of them. They all work hard in there; they're just shorthanded. I think we need to get somebody. I agree with you. I don't like going to the Council meeting without having the stuff, and I will say again like I've said before, and I plan on the staff of Public Works to tell them that if the developers or them can't get their Findings and stuff back to us by Friday, don't be telling that they're not going to be on the agenda for Tuesday. deWeerd: I just don't know - we continue to approve these Findings, and I, for one, don't feel comfortable doing this meeting after meeting. Meridian City Pre-CooociI Met'- July 5, 2QOO Page 5 Bird: I don't like getting the submittals back from the applicant or from our staff the Tuesday the day of the meeting; come in at 6:30 and pick them up. I'm not a fast enough reader and we don't have time to do it. I think we just need to set the deal down, and I think we need to see that the Clerk within a month has a person on board that does nothing but type minutes. ( deWeerd: That sounds like a fun job. Berg: Mr. President, members of the Council, just in that regard, it is very tough to get the minutes typed out when we have minutes of meetings that last very long into the night. The goal was to get the minutes done and as soon as they are typed to get them in your boxes so that you have sufficient time to read them. We will reapply that. I do have another new person coming into the office, and she will be trained, but we will try our best to get that completed and into your boxes. I don't mean Friday before your Council meeting; I mean when they're complete so that you can have more than just the regular packet time to read your minutes. Bird: Thank you, Will. Shari, you have anything here that could jump up and bite us? Item J. Findings of Fact and Conclusions of Law: CUP 00-024 Requst for conditional use permit by James L. Aimonettofor a temporary office trailer currently in an I-L zone - 2204 Lanark: Stiles: Mr. President and Council, I haven't completely read through all of these items either, but most of the request for changes I had would come up either under the regular agenda. I was noticing on this James Aimonetto that it seems that there was some discussion about the bid, and the letter of credit - didn't something come up about a letter of credit or cash for the tiling of that Evans Drain? Didn't we discuss that? Bird: What did we decide? Stiles: It seems like you were - well, that's what I don't know. Maybe it's in the Findings. Didn't you bring that up? Weren't you talking about that at the meeting that they had some problem about the letter of credit or the cash? Bird: Are you talking to me, Shari? Stiles: Yes. Bird: I recall something, but I can't remember if we decided to stay with the letter of credit or cash or bond or what. Which Item was that, Shari? Stiles: It's Item No. J. IIericIan CIy Pr&Cotwd Met -Uy 5. 2000 Page 6 ./ ( Bird: This is for that temporary office trailer. Nichols: Mr. President, members of the Council, it's addressed at Items 1.4 in the Findings under the Decision and Order which is on Page 11. It seemed to me that the discussion was something to the effect that the other parcels that had been built on in that area had not been required to tile that particular ditch because it was a natural drainJ not just an irrigation drainJ and so whether or not it would have to be tiled, this doesn't - that's why it was submit a letter of credit in the bid, and then determine later whether or not it actually has to be tiled because that had to do with Nampa Meridian or the Bureau of Reclamation or somebody with regard to the - Bird: I think that's the same drain that goes right behind R. C. Willey's. I was under the understanding that - (inaudible discussion amongst Council members) Bird: Right across the street. Runs right down there. Stiles: I - without the minutes, I have no idea what the motion was. Berg: Mr. President, members of the Council, the concern I have is we really need to decide what we're going to do with the Evans Drain for the simple fact that the letters of credit eventually start running out and I have to get them renewed. The example is R.C. Willey is coming up in September, I believe. It's a good way to hold on to it until you make a decision, but somewhere we need to make a decision if it's going to be tiled or if it's not because the letters of credit just are held for year after year after year and the company gets tired of renewing them. Plus, that's a lot of money to be holding out there for maybe if or maybe not. Anderson: That would be a project that probably our Public Works is going to do a little bit of research on and get with us on - Bird: And that's what I thought Gary was going to do. I thought that's what the - I thought that a year ago (inaudible) from the Bureau that said not to tile that ditch. We could cover it with concrete but leave the bottom open. Just cover it across the top. Anderson: I vaguely remember something like that because it percolated back up; ground was percolating back up. Bird: We will get Gary to make a deal on that, but as it stands now, just pass it like this if it's okay. That okay? Meridian City Pre-Council MeEi July 5, 2000 Page 7 Stiles: That's fine. I just - seems like something came up that he wanted to be bonded instead. I just don't remember. Bird: The same problem with a bond. Stiles: The other items I can bring up during my presentations before the various items on the regular agenda. Bird: Gary isn't here, nor will he be here, so we can't do his reports. Unless Council's got any questions on any of the waterline improvements and stuff that Gary had set in here, we will enact upon them. One's a bid and - On the appointments, I've got some appointments from the Mayor regarding one seat on the Parks and Recreation Commission, and he'd also like to appoint the ex officio from the school board which we can discuss at that point. I think you all got a copy of the recommendations that he had submitted. Also, Council, the joint meeting of the ACHD commissioners and us has been cancelled. It was scheduled for tomorrow at noon. They called and asked that we - if we'd like to try to reschedule another meeting. What's your pleasure, Council? deWeerd: Yes. Bird: One hot issue is a five-year report on Boise's income and output that was asked for two months ago. City of Boise - don't need Meridian. I want to know what they brought in and what they spent over there. Nice on checks that we get them monthly, and we get an overlay for our project one year. (inaudible) deWeerd: Mr. President, also we need an update on the projects that were identified in Mayor Corrie's March memo that was addressing the Traffic Safety Committee recommendations. Bird: That has been given and I will tell you that we got stuck back on that. deWeerd: And an update on the Locust Grove overpass. I understand they're having a public hearing on the five-year plan. I guess I'd like to have an understanding of it. That five-year plan, then, is for next year or for the one we got earlier this spring? When that public hearing is? Bird: Councilwoman deWeerd, what date would you like the City Clerk to set that up for if we can? Noon on the 20th? (inaudible discussion amongst the Council members) Bird: Is it the consensus of the Council to have a meeting with them this month? deWeerd: Yes. I won't be here on the 17th. l6:niuliaw a. f'De.CCllmtilla1Iml. July ~J 2IDD Page a , I 1 ~ \ Bird: Anybody else? Any other days - of course, we'll be here on the 13th and 14th on our budget, so we don't want any of those days. Anderson: Try the 20th and see what's on the agenda. Bird: Chief, you got anything in the Pre-Council meeting? Gordon: No, sir. Bird: Chief Bowers, you have anything? Bowers: Nothing. Anderson: I'll make a motion that we adjourn until 7:30. McCandless: Second. Bird: Motion made and second that we adjourn the Pre-Council meeting to 7:30 when we will take up the regular Council meeting. All in favor? Opposed? MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: :2 RT D. CORRIE, MA ~Q~II \\\,n Illf, \,-\ ~ MJ:"h~ 'II .$'",,~<{ 0..- ..~bL ............".... .~ ,.,-" -..apoo A ~~ ~/ ~ v- r~V'P -.....r~ ~ ~ ~ () ~ ~'~ ~ :: ::- g SEAL ~ \ . ~ , ...cf ~ILLlAM G. BERG, JR., ~".A ~~r l'g"{ ..D " ~ V,.& ~. "" iI'.,~ ,. ~ .<"\ ,;. ;/JIP" \.Y \' ";' ~ t \\\' 'I J 1'1 H P- ~ Q 'H ! '\ \ 'I \ \ Meridian City Council Meetina Julv 5. 2000 The regularly scheduled City Council meeting of the Meridian City Council was called to order by City Council's President, Keith Bird at 7:38 on Tuesday, July 5, 2000. Members present: Cherie McCandless, Ron Anderson, Tammy deWeerd, Keith Bird. Members absent: Robert D. Corrie. Others present: Bill Gordon, Bill Nichols, Shari Stiles, Gary Smith, Will Berg. Bird: Good Evening Ladies and Gentlemen. Welcome to the Meridian City Council meeting of July 5, 2000. We'll open it at 7:38. Roll call, Mr. Clerk. Item A. Item B. Item C. Item D. Item E. Item F. Tabled June 20, 2000: 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 from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road Findings of Facts and Conclusions of Law: CUP 00-021 Request for Conditional Use Permit for a group, in-home daycare by Deanne Young - 2176 East Lochmeadow Court Findings of Facts and Conclusions of Law: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1E Findings of Facts and Conclusions of Law: PP 00-008 Request for Preliminary Plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group - SE %, SW %, Section 6, T3N, R1 E Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC ( Meridian City Council Meeting July 5, 2000 Page 2 - southwest corner of Black Cat and Ustick Roads: Item G. Item H. Item I. Item J. Item K. Item L. Item M. Item N. Item O. Item P. Findings of Facts and Conclusions of Law: AZ 00-011 Request for annexation and zoning by Pangaea Land Planning of 3.4 acres from RT and R1 (Ada County) to R-15 for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way Findings of Facts and Conclusions of Law: CUP 00-028 Request for Conditional Use Permit by Pangea Land Planning to construct 10 four-plexes on 3.4 acres in proposed R-15 zone for proposed Penn Station Apartments - south of Fairview Avenue on the east side of Stonehenge Way Findings of Facts and Conclusions of Law: V AC 00-004 Request for vacation of a 30-foot, non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeff Manship - Slack Cat and Ten Mile Findings of Facts and Conclusions of Law: CUP 00-024 Request for Conditional Use Permit by James L Aimonetto for a temporary office trailer currently in an I-L zone - 2204 Lanark Findings of Facts and Conclusions of Law: CUP 00-025 Request for Conditional Use Permit by Terrace Plaza, LLC, for a planned- unit development, proposed Terrace Plaza, to construct a second building in an I-L zone - 199 North Linder Road: Development Agreement: AZ 99-014 Request for annexation and zoning of 4.34 acres (R-T to C-G) by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision Findings of Facts and Conclusions of Law: CUP 99-024 Request for Conditional Use Permit for 60, 000 s.f. medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns - Lot 15 of Magic View Subdivision Ada County Development Services 00-10PDR I 00-05 ZC - Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres by Steve Smith - % mile east of Eagle Road on McMillan Road Approve bills Approve minutes of June 6, 2000, special Pre-Council meeting Meridian City Council Meetin~ July 5,2000 Page 3 ( Item R. Approve minutes of June 6,2000, regular City Council meeting: Approve minutes of June 20, 2000, special Pre-Council meeting: Item Q. Item S. Development Agreement: AZ 99-018 Addendum to Development Agreement for Overland Storage, LLC, amending Section 4.1 Bird: Thank you, Mr. Clerk. Council, we have got the Consent Agenda. What's your pleasure? Council. Counsel. On the Consent Agenda, we are removing Item B to Item 10 on the regular agenda. Item F and F1 was going to be on the regular agenda. 1 B, 1 C, Item N was moved to Item 1 on the regular agenda. deWeerd: 1A Bird: And Item J we moved to - Did we take that off? Berg: We didn't take that one off. deWeerd: Huh uh. Bird: We didn't take that one off. We left that one on. Okay. Is that right? The consent? Berg: We need to table Item 1. Bird: Yes, sir. Berg: To August 1st. deWeerd: And then P, Q and R. Those are the minutes. It's oh - Do the people want to remove the minutes so we have a chance to read them? Berg: Sure. Moves Items P, Q, R~ Bird: Table until - Berg: Table until the next regular - Bird: July 18th. Okay I will take a motion to approve the Consent Agenda. deWeerd: Mr. President. Bird: Councilwoman deWeerd. deWeerd: Would you like to me to repeat each item or- Meridian City Council Meetin~ July 5,2000 Page 4 Bird: Please. deWeerd: Okay. I move that we approve the Consent Agenda with the following changes: To table Item A to August 1st, to remove Item F and F1 to Item 1 Band 1C on the regular agenda. Move Item N to the regular agenda as Item 1A. To table P, Q and R to July 18th. And that Item B be moved to Item 10 on the regular agenda. Anderson: I second that. Bird: Okay. Motion has been made in second to approve the Consent Agenda as stated. All in favor. MOTION CARRIED: THREE AYES Nichols: President Bird. Bird: Yes. Nichols: Point of order. Bird: Yes, sir. Nichols: Item 1A on Edinburg Place, the attorney for the applicant, JoAnn Butler had another Ada County meeting this evening and she asked that if this came up on the regular agenda that it be moved to the end so that she would have an opportunity to be here when it's brought up. So even though it's 1A, I guess what I'm asking is her request would be to defer, I believe, until she's here for that. Bird: Okay. Move it to Item No. 10B. Nichols: You can just simply defer action on it at - I mean the applicant is here as well, but I believe that was her request on a voicemail I received this afternoon. Would that be okay? You'd rather have it early. Anderson: I think we can have it (inaudible). Nichols: Okay. Well I strike that. Item 1 A. Ada County Development Services 00-010PDR I 00-05 ZC - Preliminary Plat for Edinburgh Subdivision - 53 lots and 5 other lots on 17.76 acres by Steve Smith - % mile east of Eagle Road on McMillan Road: ( Meridian City Council Meeting July 5, 2000 Page 5 Bird: Okay. We will strike that. Council will go with 1A, which is Item N from the Consent Agenda. That's the Ada County Development Services Preliminary Plat for Edinburg Subdivision, 53 lots and 5 other lots on 17.76 acres by Steve Smith one half mile east of Eagle Road on McMillan Road. Discussion. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: Could you maybe have staff give us a report about - refresh us about the project and where we're at on it. Bird: Shari. Stiles: Yeah. Anderson: City Attorney could probably do that. Bird. City Attorney. Nichols: President Bird. Members of the Council, we received a letter from Joann Butler, attorney for the applicant, who's asked for some changes in the proposed findings of facts and conclusions. Those changes were summarized in a letter dated July 3, 2000, and I don't know if the Council has received that in their packet or not. The requested changes are essentially three. The first has to do with the agreement to contribute parked impact fees. As worded, the findings require the payment of the park impact fees. The requested change from the applicant is that it reflect that they voluntarily agreed to contribute the impact fees to the city for this subdivision. The second one has to do with Condition of Approval 2.10 which has to do with a 10 percent open-space requirement. The motion as I recall was that the Council moved to approve this subject to the applicant working with staff to try to achieve 10 percent open space in future aspects of this development at such time as they develop in the future. We received a letter from the applicant's attorney indicating that the 10 percent open space requirement did not apply because this is not a Planned Unit Development and secondly the 10 percent open space was not required for Vienna Woods which is the adjoining property. So they're asking that Condition 2.10 be deleted. The third item has to do with the future impact fees and I believe this went toward trunk fees for both water and sewer and I believe it's Condition 2.11 - which states the system development charge will facilitate future construction of trunks, sewer and water lines. This development is a candidate for payment of this fee as it is developed. Preliminary calculations show the, fee to be $750 per lot for sewer and $520 per lot for water. The applicant is asking that that be deleted because there is no current provision in the code for such assessments although it's under study and was disclosed to the applicant as a possible future cost. I would also like to point out to the council then in a f. (" - I Meridian City Council Meetin~ July 5, 2000 Page 6 response to a - I believe they are notes from a meeting with regard there was had and I believe these are the applicant's attorney's notes. And on that particular point it indicates "will pay whatever assessment is fairly assessed by the city" so I think we need the applicant to clarify what the objection is to 2.11 and what it is they're really asking us to do there. The others we know what they1re asking with regard to those proposed findings. Bird: Would the applicant like to come forward? Smith: Mr. President, members of the council. My name is Gene Smith. Unfortunately Joann was not able to attend at this time but I have reviewed her letter and as a matter of fact I do have copies for each of you. There's actually two documents there that I am handing out. The one being Joann's letter and the second one referring to Condition of Approval 2.2 dealing with working with the School District requiring a letter from the School District indicating that they have no interest in a school site on this piece of property and have capacity to approve this project. The letter there is from the School District. I just received that today indicating that very thing. So in addition to those items pointed out in Joann's letter, we would request that Item 2.2 also be deleted based on that letter from the School District. With response to Item 2.11, the objection was, or I should say our understanding was that we would be more than willing to pay whatever assessment is applicable throughout the city that is being charged area wide. However if it was a specific charge, specifically against the project, that was our objection - not if it was something that was area wide throughout the city. Nichols: Mr. President. If I may address the applicant. Bird: You may. Nichols: Mr. Smith, what's intended here is that future developments contribute to establishing water trunk lines and sewer trunk lines. Now when you say assessments within the city, those that are already on a trunk line and already have their sewer connections and already are served by city services would not be assessed the system development charges. It will only be new developments. So my question to you is when you say "city wide" do you mean city wide to all users or city wide to new- Smith: To new developments. Nichols: Thank you. Bird: Any other- Nichols: President Bird, if I may ask. Mr. Smith, would you object to language which says that such time as a system development charge is adopted by the City of Meridian that any and all lots within Edinburg Place within this particular ,,- - ( Meridian City Council MeetinJ July 5,2000 Page? development would be subject to that assessment? Would you object to that sort of language? Smith: No. I think that would be acceptable. Bird: I'm agreeable with you. Nichols: Yeah. I just want to make sure that there is something in here that addresses that, President Bird. Thank you. Bird: Thank you. Council. Any questions? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I'm not sure if this is a question for the applicant or our council. On that 2.8 in the language about the voluntary versus shall be required - I guess my question by changing that terminology to voluntary does that mean that at any point the applicant decides he doesn't want to pay those that he could just stop paying those and would we have any legal recourse to then require the park impact fees? Nichols: Councilman Anderson, President Bird and members of the Council, this is sort of the same discussion we got into with regard to the park side in Bear Creek. The difference was that in Bear Creek the park site was already platted as one lot and so upon approval of the Preliminary Platt it was going to be there regardless. As I understand it this has to do with possible tax breaks for a voluntary payment of park impact fees and calling that a donation versus a mandatory payment which is a cost of development and then would have to be amortized over whatever the applicable amortization schedule is for capital improvements of this type. I think - I am not sure if they decided to walk away and not pay those park impact fees - whether this proposed language would have the same force as the language that we propose. The other thing that I would submit to you is all you're basically doing is asking them to be subject to the same thing that somebody that's already contiguous to the city limits would be upon this approval. So you're not asking them to do anything here more than what another applicant would do that's contiguous to the city limits that would be annexable. So to answer your question I am not sure that we could mandate those payments because it's not a requirement. It's not a Condition of Approval. It's just a recitation that they voluntarily agreed to pay it. Bird: Any other questions, Council? Thank you Mr. Smith. Smith: Thank you. ( Meridian City Council Meeting \ July 5J 2000 Page 8 Bird: Discussion? deWeerd: Mr. President. Bird: Councilwoman deWeerd. deWeerd: A question for Shari. On the 10 percent open space for Vienna Woods, they had 10 percent open space, didn't they? I thought that was the discussion at our last meeting, but I can't remember. Stiles: Vienna Woods was not required to have 10 percent open space as part of their development but I believe they do have an eight acre park within it that's also used for drainage. But that wasn't a condition that we placed on them. They did that voluntarily. deWeerd: Right. It wasn't a condition but they had at least the 10 percent-- Stiles: I believe it was an eight acre park within it. Bird: Any other questions, discussion. If none, I'll entertain a motion. Anderson: Cherie, have you had a chance to read this letter and do you have any comments on it? McCandless: Councilman Anderson, Council. I have looked at it. I believe that it is reasonable since they have volunteered to pay the park impact fees and we really have to standing to - even if they were required to meet our subdivision ordinance which they're not in Ada County, I think that they're volunteering to provide those park impact fees. It would be roughly between 25 and 30 thousand dollars to the city. I think that's reasonable. deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: I thought the discussion was that because they were going to pay those fees, that's what made it more desirable, and if we have no assurance that those fees are going to be collected because of the term voluntary, then that kind of takes away from the intent, doesn't it? Bird: Mrs. deWeerd, I think this was done just like what was asked at the Bear Creek thing. It's strictly a deal for tax benefits for them. deWeerd: But like our attorney mentioned, that was platted so they pretty much couldn't go back on it. It was part of the Platt. This is not part of the Platt. It's not able to be part of the Platt. { Meridian City Council Meetin~ July 5f 2000 Page 9 ( Bird: Very true. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: Maybe we could have the applicant address that term for us since welve heard our attorney and yourself give us interpretation of what they mean. Maybe they could tell us what they mean by changing that term. Smith: Mr. President, Members of the Council. Bird: State your name again. Smith: Gene Smith. The word voluntary is strictly for a tax issue. If it pleases the Council to strike that, we're willing to do that. Thafs fine. Bird: Any other questions for the applicant? deWeerd: Cherie has a comment. Bird: Cherie. Stiles: Mr. President, Council, I had a question of the applicant. Since we've never been able to impose impact fees, have you had the discussion with the applicant when that will be collected by the city? Is that going to be an up-front payment to the city upon recordation or upon signing of the final plat, or - because we won't have any control over it once it's signed and goes to Ada County. Smith: What we had discussed previously with your city engineer, Gary Smith, that would be a collection at time of building fee that would then go directly to the city - Building Permit Fee. Bird: That is done through Ada County, though. Smith: But the collection of that impact fee for the city. Bird: Ada County would collect it through the building fee and then pay us back. Anderson: Shari's shaking her head that they won't- Bird: Theylve never done that before that I know of. Smith: I believe what our discussion with Gary was the fees are collected separately for the water and sewer versus the actual Building Permit Fee. The Building Permit Fee would go to the county. The water and sewer hook-up fees ( Meridian City Council Meetin~ July 5,2000 Page 10 go to the city. And that park impact fee would be collected at that same time that the water and sewer fee were collected. Bird: So basically every billing permit, you'd make out two checks - one to Ada County and one to the City of Meridian. Smith: That's correct. Anderson: You are going to have to do that anyway because of- Smith: Because of the water and sewer. Bird: Yeah. Okay any other questions? Okay. Thanks, Mr. Smith. Council, what's your pleasure? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion then that we approve the Preliminary Plat for Edinburg Subdivision for 53 lots and 5 other lots. Stiles: The Findings? Anderson: And instruct the city attorney to prepare the Findings of Facts and Conclusions of Law in a decision of order and in three responses from the applicant - on the first one about striking the word "shall be required" and changing to "as voluntarily agreed" we have read that the applicant has agreed to contribute park impact fees to the City of Meridian for this subdivision. Bird: Do I hear a second? Mr. Nichols. Nichols: I'll wait (inaudible) Bird: Okay. McCandless: 1111 second. Bird: Okay. Now discussion. Mr. Nichols. Nichols: Point of clarification, President Bird, Council and Anderson. We already have the proposed findings of facts, so if you can direct me exactly which ones to change then I'll make these changes and submit the changed ones to the clerk for the Mayor's signature and so it looks like at this point 2.8 has been asked to be changed in the motion. 2.2 with regard to the school stuff as addressed by ( Meridian City Council Meetin~ July 5, 2000 Page 11 the letter I can either take it out or I can leave it in because the address satisfies that condition. Anderson: Okay. Delete 2.2 and then make the modification on 2.8 to - You got the language on that one? Nichols: Okay. And then what do you want to do with 2.1 0 and 2.11? Anderson: On those I think we can probably delete those and from what our staff is telling us that those weren't required in the other projects and there wouldn't be a problem. Is that correct Shari? Stiles: I am sorry I couldn't hear you. Anderson: 2.1 0 and 2.11 that they could be deleted. Stiles: I don't have that file. Nichols: President Bird, members of the Council, 2.10 is the 10 percent open space reference. Anderson: Okay. So 2.11 we'd leave in and 2.10 we'd take out. Nichols: 2.11 I would suggest is reworded to say that the applicant will pay whatever system development charges subsequently approved by the Council and applied to all new developments. Anderson: Okay. Nichols: And my apologies to the person that transcribes the minutes but I think that that is where we are at. Bird: Seconds, do you agree with that? McCandless: Yes. Bird: Anymore further discussion, Council? Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I guess one further comment that I would like to add to the developers and we have been talking to staff a lot and any of these projects that we're getting correspondence on the day of the meeting, in the future, we are not going to be acting on those because we don't have time to thoroughly read, (' Meridian City Council Meetin\, July 5, 2000 Page 12 (' digest, have the staff look at them so in the future if you would try to get those communications in to us a little earlier it would be much appreciated. Thank you. Bird: Any further discussion. Roll call vote. Mr. Clerk. MOTION CARRIED: THREE AYES Item F. Findings of Fact and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC - southwest corner of Black Cat and Ustick Roads: Bird: Okay. Next Item. Item F1 from the Consent Agenda. This is 1 F. Findings of Facts and Conclusions of Law: Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC. - southwest corner of Slack Cat and Ustick Roads. deWeerd: Mr. Mayor - I mean Mr. President. Bird: Mrs. deWeerd. deWeerd: Sorry to have given you a promotion or a demotion. I am not sure which. Bird: I thank you. I know. I'll stay where I am at. deWeerd: Perhaps our city attorney can give us an overview on this. Nichols: President Bird, Councilwoman deWeerd, members of the Council, after the last council meeting, the attorney for the applicant submitted a request for reconsideration with regard to the denial of this particular annexation and zoning and Preliminary Platt on this subdivision. You will recall that a lot of the issues centered around the proposed park site. She has Susan Wildwood representing the applicant Gem Star Properties submitted a 4 page letter with attachment asking that the Council reconsider and reopen the public hearing and take this additional information in with regard to issues pertaining to this park site. The letter specifically ask that it be reopened on July 18th and Mr. Clerk, I am not sure that there is enough time to publish and have it on the 18th. Berg: Mr. President. There was a council there was not sufficient enough time. It's 15 days notice and that's from the date of the notice in the paper and there's some deadlines that we have to have to meet it in the paper so we could not meet that 18th. Bird: Would August 1st? Give you 15 days. Meridian City Council Meetin~ July 5,2000 Page 13 Berg: I would just guess that the August 1st date would be an acceptable date. ( Nichols: Mr. President. The question is whether the Council wants to reconsider it at all and if the Council wishes to reconsider then someone who voted with the majority and denial would have to move to reconsider and then there would have to be a subsequent motion to set a new hearing date on this application to receive this additional information with regard to this part. Bird: Okay. deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: I was one that voted against this for the concerns that are explained in this letter including sewer capacity design, road access, and development of time frames of the mentioned park. We didn't give the applicant an opportunity to respond to the questions we raised in our discussions and I do think it's fair that we allow them an opportunity to respond. It looks like they have done some redesign on this. I don't think there has been enough redesign to warn it going back to planning and zoning but I would move to reconsider this - the application of Gem Star Properties, Autumn Faire subdivision for annexation and zoning as well as Preliminary Platt. Can I do them all in one? Bird: One time. deWeerd: Okay. Just for annexation and zoning. Bird: We've got a motion, Council. Do I hear a second? Bird: No second? Motion dies from lack of second. deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: This is an unusual circumstance that some of these issues were raised after the public testimony was closed and we had no public opposition to this application. We had several actually neighbors testify in support of it so I find it somewhat we didn't give a reason for denial and so this letter does ask for more specifics on why it was denied so I do believe that we haven't given the applicant the necessary information on this application to figure out if they need to go back and redesign or what they need to do. So without reopening it, I don't see how we can do that. Anderson: Mr. President. ( Meridian City Council Meetiri~ July 5, 2000 Page 43 ( I. Bird: Can I second it, Bill? Nichols: I believe so, Mr. President. Bird: I'll second it. Questions? Alright. Discussion? This includes the Attorney to Prepare Findings decision order? McCandless: Yes. Sorry. Bird: Okay. Roll call vote Roll-call: McCandless, aye; Bird, aye: deWeerd, naye. MOTION CARRIED: TWO AYES, ONE NAYE. Bird: Mr. Anderson, I believe you can come back. Item 7. CUP 00-031 Request for Conditional Use Permit to construct two office/warehouse buildings on 4.13 acres currently in an I-L zone by H & W, Inc. - northwest corner of Franklin Road and 10th Street: Bird: Item No.7. Conditional Use Permit to construct two office/warehouse buildings on 4.13 acres currently in an I-L zone by Hand W, Inc. - northwest corner of Franklin Road and 10th street. Staff. Stiles: Mr. President, Council. This is for a property located on the northwest corner of Franklin Road and Northwest 10th. This would be the storage units back in this area here. This property is still in the county and currently has a residential unit on it. The recommendations to City Council, on page 3, Item 1.11 we would like - they may have given some information about this at the Planning and Zoning commission but I don't have those minutes, so we would like them to offer some details about the actual use of the structures - particularly where it says at the end of that 1.11, it says staff wonders if any commercial retail uses are proposed since this is in a light industrial zone. Commercial and retail uses are not permitted uses, so I don't think that needs to be there. We are still waiting for documentation of Item 1.13 as par as their documentation for the 10 percent of the gross land area and to calculate that landscape area within the site fence boundaries. This is the eight mile lateral that runs on the northern boundary of the property and they are proposing fencing on the easement line for the eight mile lateral. Another item we wish to address, on the site plan, they're showing this driveway here from the corner of the building to the proposed fence line is only 13 % feet, and then talking with Fire Chief Kenny Bowers tonight, he indicated that he would like that to be a minimum of 20 feet. Item 1.15, staff had requested that in conjunction with making this a 20-foot driveway, they also removed this parking stall as it would impede access. Also back on 1.14, it says the drive isle on the west side of building one and that should indicate the east ( Meridian City Council Meetin~ July 5, 2000 Page 44 ( side of building one. On Item 1.16, we can clarify this when they come in for actual building permits and actually have a tenant because it's not known if the parking spaces are adequate. We don't have a floor plan showing how much is office, how much is display area, how much is warehouse and what kind of company vehicles may be involved in the business - the proposed business. So we can verify that. They said that their parking was adequate for their anticipated number of company vehicles, but we would need to verify that as part of a Certificate of Zoning compliance. On Item 1.17, we will also need to get the calculation for the total caliper inches proposed on the site to meet the landscaping requirement and we can verify that as part of the building permit process. Also, under 1.18, no screen trash enclosures are shown on the site. They would need to be enclosed by a screening fence and we would like them to coordinate the locations and the construction requirements with Sanitary Service Company and provide a letter of approval from their office. Signage is also mentioned under 1.20. They haven't proposed any signage and that's why we did recommend a limit to any signage on the site. Staff would recommend approval with staff conditions on this project. Thank you. Bird: Thank you. Any questions for staff? deWeerd: Just for clarification, there's no necessary changes to the P & Z recommendation except to clarify on 1.15 - the east side of building one. Stiles: That would be on 1.14. deWeerd: ,Okay. Stiles: Yep. We wouldn't change anything. I guess the condition, after talking to Kenny Bowers is that they would need to alter the site plan to show a minimum of 20-foot driveway in this area here. deWeerd: And that's on the east side of building one? Stiles: Yes. deWeerd: Okay. Thank you. Bird: Any other questions. Okay. If the applicant is here, come forward please. Whitney: Good evening, President Bird, members of the Council. My name is Ron Whitney, 1412 West Idaho Street, Suite 200, representing Hand W Inc. I have to apologize. I am a little bit taken back here. Jim Glancey's office, who is the architect on the job had submitted a revised site plan subsequent to the Planning and Zoning Hearing. In an attempt to address most of these issues we have the landscape calculations on the plan. We have the caliper of the trace of t Meridian City Council Meeti~'9 July 51 2000 Page 45 ( \ the plan. We have the trash enclosures on the plan and I guess I need to ask if maybe that drawing hasn't gotten into her hands. Stiles: I don't. I don't have it. I don't have a revised plan. Whitney: Okay. I don't know. Maybe it's not necessary. Bird: Do you have a revised plan there, sir? Whitney: Yes, I do. Unfortunately I only have one. Bird: Well, I know. What is the date on it - as long as we can set the date down. Whitney: Revised 6/26. Bird: 6/26. Note that for the record. Whitney: I can certainly leave it for the record. Bird: If you wouldn't mind. Leave it to Shari. Let her look at it real fast and make sure that - Whitney: So, the issues that were addressed, I think we pretty much already addressed on, I think we don't have a problem. The only thing that caught me a little bit by surprise was a request by the Fire Department to increase the 13 'Y2 foot wide to 20 feet. At Planning and Zoning, it was discussed that at 13 % feet, that needed to be designated a one way drive and we did designate that as a one way drive. We had no comments from the fire department and the initial submittal and return so that's brand new to me tonight. Bird: Shari, can you answer that? Stiles: I believe that was why we put in our comments that the drive isle is subject to Fire Department approval. From A Planning and Zoning standpoint, if there's adequate room for one-way traffic for a car, they didn't have a problem with reducing that to 13 % feet but we can't change fire code. Whitney: Weld like the opportunity to discuss that with Fire Chief. We've tried to address it as far as turning radius to make sure that there was adequate room to bring fire equipment around the building. I'd like that opportunity to at least have a discussion with him to make sure we don't have a misunderstanding there. Bird: Is that agreeable, Shari? Shari: That's fine. I think the way it stands in the comment area and the recommendations handles it because they'll need the fire department's approval. [' \ Meridian City Council Meeting July 5,2000 Page 46 Bird: Any questions for the applicant, Council? Whitney: Thank you. Bird: Thank you very much. Any questions at all for any of the staff, Council. Any comments. deWeerd: (inaudible) testimony? Bird: This isn't a public hearing. deWeerd: Oh. ***End of Side 3*** Bird: Okay, Council. What's your pleasure? deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: I move that we instruct the city attorney to draw up Findings of Facts and Conclusions of Law and Decision of order to approve the CUP to construct to office warehouse buildings on 4.13 acres concurrently in an I-L zone with P & Z recommendations. Bird: That's 1.14 - deWeerd: Well, 1.14 stands on it because it needs the approval of the Fire Department. Bird: And he's willing to work that out. Do I hear a second? Anderson: I'll second it. Bird: Okay. Discussion. Hearing none. Roll call vote, Mr. Clerk. Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye. MOTION CARRIED: THREE AYES. Item 8. FP 00-010 Request for Final Plat approval for Wesley Subdivision of 32 building lots and 3 other lots on 5.029 acres by Centers Construction, Inc. - west of Locust Grove Road and north of Fairview Avenue. ! ( Meridian City Council Meeting July 5,2000 Page 47 Bird: Okay. Item No.8. Request for Final Plat approval for Wesley Subdivision of 32 building lots and 3 other lots on 5.029 acres by Centers Construction, Incorporated - west of Locust Grove Road and north of Fairview Avenue. Staff. Stiles: Mr. Mayor - sorry. Mr. President, Council. This is for the five acre parcel on Locust Grove Road. It's kitty-corner from the lot that Fred Meyer is on. They did receive Conditional Use Permit approval for a development here and proceeding with their Final Plat tonight. You have our comments that are dated in a memo - a memo dated June 29, 2000. The applicant has responded saying they will comply with everything and that's the kind of response we like. Staff would recommend approval with the conditions of the Preliminary Platt and the Conditional Use Permit requirements. Bird: Thank you. Any questions of staff? Applicant. Canning: Yes, Mr. President, members of the Council. My name is Joe Canning of B and A Engineers, 5505 West Franklin in Boise. I really have nothing to add. Thank you, Shari, I think. I'd be more than happy to answer any questions may have. Bird: Council, you have any questions of the applicant. Anderson: I have none. Bird: Thank you Mrw Canningw Canning: Thank you. Bird: Council, whafs your pleasure. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I'd make a motion to approve the request for Final Platt for Wesley Subdivision for 32 building lots and 3 other lots on 5.029 acres by Centers Construction and instruct the city attorney to prepare the Findings of Facts and Conclusion of Law and Decision of Order. Bird: Staff's findings. Anderson: Subject to staff's comments. Bird: Do I hear a second? ( Meridian City Council Meeting July 5, 2000 Page 48 McCandless: Second. deWeerd: Second. Bird: Okay. Motion been made second to approve the Final Platt for Wesley Subdivision. Roll call vote, Mr. Clerk. Roll-call: Anderson, aye; McCandless, aye; deWeerd, aye. MOTION CARRIED: THREE AYES. Item 9. Appeal of Planning and Zoning Administrator's Decision to Require a Conditional Use Permit by Eagle Concrete Pumping - Baltic Street in The Meridian business and Industrial Park Bird: Okay. Passed. Item no. 9. The appeal of Planning and Zoning Administrator's Decision to Require a Conditional Use Permit by Eagle Concrete Pumping - Baltic Street in The Meridian business and Industrial Park. Staff, do you want to take it over. Stiles: Mr. President, Council members. The City Zoning ordinance has a section on Flood Plain Development and we had processed some building permits in this Meridian Business and Industrial Park. It's the same park that the new fire station is in and also where Artack (sic)and all of that development across from the cemetery is on Franklin Road. The ordinance is fairly clear on a requirement for any structures within that flood plain overlay district to be developed under the Conditional Use Permit process. The plats that were recorded for this subdivision didn't show the flood plain as is required on the plats that we have today so that'we can readily ascertain which lots lie within the flood plain. The applicant had submitted for a building permit for a Certificate of Zoning Compliance and in Steve Siddoway review of the application determined that they would require the Conditional Use Permit and informed Eagle Concrete Pumping that that would be required before we could process the permit. I think part of what triggered is - a more close - for him to look more closely with this project was that - typically when we get building permit applications, if they are in a flood plain particularly for single family home residential. There's a note right on the Platt that said their finished floor elevation has to be a minimum of one foot above the highest established ground water elevation and when this application came in they were proposing there's an error on his report. It's one point - they were proposing that the floor elevation would be 1.75 feet below the flood plain elevation. I haven't had experience with the flood plain issue prior to this. Steve, being from Portland had had a lot of experience with the flood plain and part of his concern was that the flood plain has been established - that that flood plain elevation that's been established will at some time be flooded again is his contention. The applicant has also said that with their floor elevation below flood level, that they would simply open the doors if there were a flood to allow Meridian City Council Meeting July 5,2000 Page 49 the flood waters to progress through the site. We are required to have an ordinance dealing with the permitting of uses within the flood plain. Our ordinance does require the Conditional Use Procedure. Had we not had any kind of ordinance regarding development in the flood plain. Most of the properties within Meridian would not be eligible for FHA or VA - those kinds of programs for funding so. That is what the appeal is about and hopefully someone's here from the applicant to address those issues. If you have any other questions. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: Help me to understand, Shari. I'm still not sure why being in a flood plain makes it a Conditional Use Permit Application. I mean it seems like staff should go to work with the applicants on that as far as making sure their foundations are high enough and stuff like that. It seems like we have more than enough stuff coming from the City Council that - that should be a staff level decision and those things should be worked out there. I am not following why those need to come here. Stiles: If our ordinance were written that way, that would be fine. But it's not. It specifically requires the Council to act on the Conditional Use Permit. And I don't know the history. I don't know if there's anybody that -- I mean I almost think it's not a good idea to have the Council and the Commission because you don't have the expertise to even - I mean why would you want to permit something like that and what if they do flat? I mean does that mean that you authorize them to build and we're - I don't know. I don't know. Maybe Bill has some experience in another community, but that's the way our ordinance reads and it's not something that once we became aware of that whole overlay district and how it reads in the ordinance, we can't just say 'Well we're not going to enforce it. II We have to enforce what's there. Anderson: Well, yeah. I guess if you say there's a problem with the ordinance maybe we ought to approach it from the ordinance instead of making all these people come to us for Conditional Use Permits. Stiles: Well, I think that that's going to require a change in the ordinance. That's not something that you can say "ignore that portion of the ordinancelt. I mean you can certainly instruct us and I will be glad to work toward changing that if that's your direction but it's not up to staff to say 'Well, we ought to be able to handle in house and let's not bother the Council with it because it's-" Anderson: That's not what I'm asking you to do. I'm asking you if our ordinances don't do what you think they ought to do you ought to bring that to a work session and recommend that we change that ordinance - not just arbitrarily change it. That's not what I'm asking you to do. Meridian City Council Meeting July 5, 2000 Page 50 Stiles: Right. Well this just came up. I mean this came up in probably the last two or three weeks or less. But it's there for a reason and I don't have the expertise with the flood plain district. I know that Steve has been working with Fred Eisenbart at the Department of Water Resources. He's also going to apply to go to a conference back in Washington D.C. that would be paid for hopefully by the Federal Government to help him become more aware of the issues involved with the Flood Plains but I think it is important. You build a lot of structures in a flood plain and when that flood plain elevation is reached in the future - I mean it's not a question of if - it's a question of "when". Where does that water go? You're increasing the flood probability on lands beyond this property because you're impeding the water based on the structure being there. It's a pretty important issue and I agree that it's probably not something that you want to be involved in but we're just following the ordinance. Bird: Any other questions? If not, I got one, Shari. How far into the process was this applicant notified that there was a problem and how many other buildings are sitting within a block area down there that has been approved without a CUP? Stiles: Probably most of the structures that are there, at least Don Asbell's, the Architectural Building Supply probably is. There's a new one back on - Bird: Thomas Suites. Stiles: Thomas - I am not sure if that's all in but all the remaining lots in this subdivision are impacted by the flood plain. Bird: None of those were -- that has built so far -- have not been impacted by the- Stiles: They haven't been impacted. They've been in the flood plain but they were not required to go through the Conditional Use. Bird: Okay. How far along - was this applicant told right up front when he come in that he was in the flood plain - that it would take a Conditional Use Permit? Stiles: I couldn't answer that. I don't know. I mean, they came in for a certificate of zoning compliance and that was when Steve found out how much of that property was in the flood plain. Bird: Okay. Thank you, Shari. Any other questions for Shari? If not, the applicant want to come forward? Larson: Good evening, Mr. President Bird, Councilmen. My name is Cornell Larson. My address is 210 Murray in Boise, Idaho. Just to give you a little history on the site that we're looking at right now, this project was subdivided { Meridian City Council Meeting July 5, 2000 Page 51 some time back by the V H Moore Company. Within the last year or two the flood plain map there was amended to - and I've since found this out since we've got to this point, was amended to reflect the culvert under the railroad crossing that was undersized that was allowing this particular area to back up and be flooded. We have talked to the developer about changing out the culverts $0 that the lots would be out of the flood plain. He's reluctant to do that because of the downstream effects that may occur as a result of changing out the culvert. So what we had done early on in the project is the owner had came in and visited with the city and I talked to the Building Department, the Zoning Department sometime back in February or March and asked what needed to be done. He was told basically that if the building floor were in the flood plain area, as long as it doesn't have an office or anything in it - as long as it is being used for storage garage type facility that could be built like that. We subsequently took on the project as the architects and again check back with - we checked in this case with Steve Siddoway and talked to him about where it was and what it was. We only got to this point about two weeks ago of finding out that it was in the flood plain. It required a Conditional Use as a result of being in the flood plain. We got to that point after we had submitted the Zoning Certificate application. Prior to that, we hadn't received any indication from anyone that it did require a Conditional Use Application. What we're here tonight hoping to do is to see if there is some way - then we wanted to talk a little about schedule but if we go through the Conditional Use process as we understand it we are approximately three to four months down the road plus six weeks to get a building permit. This being a concrete tilt-up building puts us starting that in late November and that's pretty tough start time. We had thought we had done our homework on the job. We aren't normally in asking for these kind of things because it hasn't been our practice. We usually try to go through the proper procedures to get them done. Our hope was that you could alleviate some of the time concerns that we have. The owner has lost his lease, needs a new home, has gone through all the financing, all the appraisals - all of the things and was basically prepared to start. We would like to see if it would be at all possible if there was some way we could work through this with staff to shorten the time frame up and reach some of the items that may be addressed under the Conditional Use so that we could address those as well. The other problem that we have is the site's an extremely small site. To elevate it a great deal of height means that we have to have side slopes so we aren't encroaching on the adjacent properties and makes it pretty difficult on a small site to get it up as high as we need to make the flood plain finish floor elevation work. That's why we had gone to the building department to ask, you know if we could keep this floor down if we didn't have office space in it- if we were merely using it to stofe and to move vehicles in and out of and so we thought that we had done everything right. Well, we obviously haven't or we wouldn't be here and it's no fault of anyone in particular as Shari had said. It's one of those things that kind of came to light in the process of what we thought we were doing was the appropriate approach to the project. So what we were looking for is some hope for some sympathy, I guess and see if there would be another method we could proceed through this project with and do the best we { Meridian City Council Meeting July 5,2000 Page 52 could at complying with the ordinance. If there was a shortened version that we could go to so that we could conceivably get this project started earlier. And that's all I had to say. Bird: Council, any questions for Mr. Cornell? Anderson: I had one. So your floor is a foot and % lower than the flood plain, is that right? Cornell: Correct. That's where it's at right now, yes. Anderson: And you have no plans of raising at all? Cornell: Well we could back and explore that again but initially we had about 130 feet to work with and as you jack the site up you have to worry about how the ground tapers off to the adjacent lots. You don't encroach on the adjacent property owners. As we continue to raise it up and continue to narrow the parking areas and the usable areas down - it was getting to the point where we couldn't make all the slopes work. We couldn't make the Americans With Disabilities stuff work where we needed it to work. Anderson: Have you looked at retaining walls around it? Cornell: We could probably do some retaining walls to help that out a little bit. They just got to the point where they were expensive too because they were about just going around the lot and letting the adjacent property owners butt up to them later. Again, we do apologize for this. We aren't normally in this mode but at this point and time we're to a point where we needed to at least ask you. Bird: Cornell what are you - I know it's concrete business but are you - that's where you're going to repair your trucks and stuff like that or - you say you're not going to have an office there or work - Come on up if you - Eisele: President Bird and Council. My name is Rod Eisele. Address is 654 North Edgewood in Eagle. Basically it's going to just be used to store the trucks. We take them in and out every day to go do jobs at other places. We might do minimal maintenance there but most of the maintenance is done at either Mack dealers or tire shops or stuff like that. Bird: So basically it's going to be a wide open building with several overhead doors - stuff like that so that, like you said, if it did flood, you'd run it right on though. Cornell: Right. And as far as the slope of the lot, if we elevated it as high as they say we need to, can you imagine driving a 59,OOO-pound truck on a slope lot on a ( Meridian City Council Meeting July 5,2000 Page 53 snowy road? It's going to end up in the next door neighbor's lot and that's what one of the concerns we have about - Bird: And also doing that, you create when you have to slope up like that, you're runoff. It runs off all of the other properties. Cornell: Well we had taken that into consideration with his engineering and architectural work with as far as keeping that on the same line. Bird: And then if you put a retaining wall around that smaller property it will look like a little fort. Cornell: Fort. Bird: Anybody else have any questions of the applicant? Cornell: Can I just explain to you - the Council, what the building is. It's a tilt-up concrete building which means it's large slabs of concrete and we caulk the joints. The building has a restroom in it , three overhead doors, two man doors, basically a concrete floor and a steel roof and - or steel bar joist and metal roof. It's pretty durable should there be a flood there, it's probably about as impervious a building you can get. To water they tend to stand up pretty well compared to other types of structures. So what we are proposing isn't something - it isn't compatible in the flood plain. It's a fairly compatible building. Anderson: I guess I wouldn't be as worried about the building being damaged as I would the contents or the occupant. We know that over the years it doesn't always stay the same occupant. Cornell: Yes. We understand that. Anderson: You could sell it to anybody and have a different use in there 10 years from now. Cornell: Yeah. Bird: Is this right across the street from D and A glass and Caulking Specialties? Cornell: No, I don't think. Are we down that - Bird: Yeah you're down that- Cornell: We're down at - you know where the Thomas Development. Bird: When you go right on down there - they're on the big building below A B S. (r - Meridian City Council Meeting July 5, 2000 Page 54 ( Cornell: Yes. Bird: So you're across the street from them in the cul-de-sac. Cornell: Yes. Correct. Bird: You would be on your level of ground - is the same level there on. Cornell: Pretty much. It slopes off towards that - I don't know if it's Ten Mile Creek or whatever that drainage is. Bird: Five Mile. Isn't that Five Mile, Shari? Stiles: Yes. Bird: Okay, thanks, Cornell, thank you. Council, any discussion. deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: I guess I would like the city attorney to counsel us on - can we go against one of our own ordinances? Bird: Mr. Attorney. Nichols: Councilwoman deWeerd, Mr. President, members of the Council. In- and I don't know if you have this in your packets but Steve Siddoway's report dated June 28, 2000 persites (sic) the applicable Zoning Ordinance which is Title 11, Chapter 11, Section 2. In that section, it specifically states - well let me back up. Do you understand what the flood plain - when they say a Flood Plain Overlay district - do you know what that is? Bird: I believe I do, but go ahead. Nichols: Okay. In other words, you have zoning districts. You have your C-G, your I-L and these other districts. The Flood Plain Overlay District is one that lays over because ifs based on topography. It lays over whatever is there - whether it be residential, commercial, whatever the use might be. And so this Code Section addresses what happens when this flood plain district is combined with another district, which basically puts all structures in that Flood Plain Overlay District under a special use or a Conditional Use Permit procedure. The basis for the flood plain ordinances are Federal regulations tied into Federal Housing and other financing programs - small business administration I think is also tied into that too. And so there are requirements in your Flood Plain Ordinance in your building codes, not just in terms of the stability of the structures that are there but ( Meridian City Council Meeting July 5, 2000 Page 55 ( how much space is around them - it's not just is the structure going to remain but what does that structure do to the force of water? So if you've got structures too close together, it forces the water into a smaller area, increases the force of the water. If structures aren't of the proper kind of materials, they can fall apart and then those things jam up culverts or jam up bridges and create - I mean that's the variety of those things. So one way the Flood Plain Regulation regulates those uses in the flood plain is making each structure go through the special process for approval so that each one can be looked at for all of the things that are addressed in the Flood Plain Ordinance. You have the ordinance and it's unfortunate that it wasn't found early, but I don't think that you can wave it in this particular situation. I am not sure whether the fill requirements - so forth - maybe that's something that can be addressed in the Conditional Use Permit process as far as - this is what we're going to do. My understanding - even thinking about we'll leave the doors open - Most shop type storage building I have seen - all the overhead doors are on one side. Occasionally you might have one that's got a door on both sides that can be left open so the water goes through and it doesn't create this force effect around it. All of those things are really things that should be addressed by staff and the Planning Commission and really it's not left for you to guess here how that applies. Eisner: I donlt think we're asking the Council to waive this. What we're asking the Council to do is figure out some way that we can go ahead and start construction and still go through the Conditional Use Permit application so that we don't end up starting the project in December. Bird: Well, I don't think he can do that. Nichols: Well, President Bird, member of the Council and Mr. Eisner, this is an appeal of the Planning and Zoning Administrator's decision to require a Conditional Use Permit. Eisner: Yeah. That's true. Nichols: And so, yes, you're asking this Council to decide that no CUP is required in this circustance and the ordinance says that it is. I've been here long enough to know that this Council is sensitive to these timing and these billing issues. But I - and if I could see a way around it, I'd try to find one, but I donft see one where the ordinance is plain on his face. Bird: Shari, how long, if they fire back throuph for a Conditional Use Permit, how long will it be in the building permit for the 15 of July? Stiles: Are you asking what it would typically be or what we might be able to do? Bird: What we might be able to do. ( \.. Meridian City Council Meeting. July 5, 2000 Page 56 Stiles: If we could get an application, Cornell, yet this week. Bird: That's Wednesday. Stiles: The biggest part of it is the site plan. There's a little bit of narrative. It's just that we've got - our deadline unfortunately was this Monday for the August meeting. If you could work on - even Monday. If we could get an application by then to schedule it for the August P & Z and I don't know how long it would take for recommendations from the August P & Z meeting. It doesn't require a second public hearing so it would go directly to City Council. I does have to go to P & Z. It requires a public hearing at the Planning and Zoning Commission. Then it goes to City Council. I don't know how long it would take Bill to get recommendations from that P & Z meeting in August. If he had it the next week - I mean one week, the 15th of August, or September 5th. Bird: Can you do it in one week? Can you turn it around? Nichols: President Bird, members of the Council. It's highly dependent on the circumstances. If, for example, there's no opposition, and there aren't a lot of differences between the applicant and the staff with regard to what those recommendations are when they receive. I mean, there have been occasions where we've looked at some and said we think this one is going to be approved. We don't know for sure and we can get a jump on the findings but typically our pattern has been - like for this meeting tonight. You'll have proposed findings in two weeks. We're a little bit crunched because we're a day behind this time but typically we try to do that so that you have them in another two weeks. Stiles: And then there would still be findings required from wherever the recommendation - you'd have recommendations from Planning and Zoning Commission, then it goes to City Council. You'd still need to order findings. Bird: Yes. We'd still come back the 5th, but once it was approved at City Council level, could the Building Permit process start at that time? Before we have the findings and stuff. Stiles: I think once we knew the intent of Council and what the findings - I mean were reasonably sure what the findings would say, we could process it. Bird: We could start the Building Permit? So it could be in a couple, three weeks before the final findings and stuff is approved. Nichols: President Bird, members of the Council. I'm a little confused. Are we talking about simply processing a building permit, and not actually issuing it until the findings have been adopted. Meridian City Council Meeting July 5,2000 Page 57 Stiles: Not issue. Bird: Starting the process. Getting in the six weeks. Nichols: Which would include all the building plan review and all those other things that go along with it. Stiles: We have to take our responsibility, too, for the problem here. The Fima maps were just new. They just redid those. I donlt know if they didnlt packet this parcel previously but we just got new Fima maps in our department. I think under the circumstances, I would have no problem even letting them start the building permit review process concurrently just with the caviat that if that requires changes in your plans for any reason, you know you would be subject to that. We could nit really issue a Certificate of Zoning Compliance. It would be almost like a Conditional Certificate of Zoning Compliance and that would be our effort for our part in your problem and trying to help you expedite that building permit. So it would probably roughly coincide - I mean if you start the Building Permit Review Process now and the Conditional Use Process - I mean itls not the ordinary thing that we do at all but I say it looks like the Counsells. Bird: And then Shari will let you get started. Right Shari? As soon as itls legally okay to start the building permit, you will - Stiles: Then the permit - the days that those findings are acted on, the permit could be issued the next day. Bird: So they could process the review of findings, or the building permit anytime. Am I right? Stiles: Right. Donlt spread it around, though. Bird: No. I know it. Ifs public. Is that agreeable, Cornell, Mr. Eisner? Cornell: Yes, it sure was. Bird: Council, you got any questions. deWeerd: No. McCandless: No. Bird: Thank you. We got to enact upon this, so we have to deny the appeal. McCandless: Mr. President. Bird: Mrs. McCandless. Meridian City Council Meeting July 5,2000 Page 58 McCandless: I will move that we deny the appeal for Planning and Zoning Administrator's decision to require a Conditional Use Permit by Eagle Concrete Pumping and request the attorney to do the proper paperwork to accomplish that. deWeerd: Second. Bird: All in favor? ALL AYES. Item B. Tabled from June 6, 2000: CUP 00-013 Request for Conditional Use Permit for proposed modifications to include an additional pole sign for Chevron I McDonalds in a C-G zone - 603 South Eagle Road: Bird: Okay. Next Item. Tabled from June 6, 2000. A request for Conditional Use Permit for proposed modification of Sign. Item B. was on our Consent Agenda - was moved to this. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I, again, would like to declare possible conflict of interest since my wife worked for this sign company. Bird: Is that agreeable, Council, to let him step down? Okay, Mr. Anderson. Butler: Mr. President, before Mr. Anderson leaves could I just raise a point. Bird: Okay. Butler: On the abstentions, I just wanted to raise a couple of points, of course, the only conflict of interest is some kind of financial gain that stems from a particular project, and if the Council thinks of that as being diminimus, even if you did find that there were a financial benefit, that if it was diminimus, that the Council Member could vote for it. And we'd love to see you, and anybody else that is here. Bird: That's what I've been understanding, Ron - that as I understand it from the State Code, you bring forth your reason for stepping down and the Council can either approve it or say "No, you won't have no conflict set in." Anderson: I guess my only comment would be that Idaho Electric Sign is not a large company and I guess that the financial gain of the company, in the past they've done profit sharing and that type of stuff. Meridian City Council Meeting July 51 2000 Page 59 Bird: Okay, Council, whafs your recommendations? Okay. Staff. Stiles: Mr. President, Council. This is for a request for a modification of the Conditional Use Permit for the Chevron I McDonald's at Eagle Road and Magic View. The applicant has submitted some signs of other - some pictures of signs along the freeway and they have also shown the Texaco sign that's at the existing Jackson's there. It should be noted that that Jackson's sign - we were not doing the reviews of any signage at the time that was constructed. It shows that it's 77 feet overall height. I don't know how they determine that. The Building Permit or the Sign Permit application said the maximum height of that was 65 feet, but I hope they don't consider that representative with what should be approved in the city of Meridian. And that very sign was one of the reasons that we started enforcing sign details of all the Conditional Use Permits and any of the approvals that we have. It should also be noted that the majority of the signs they've presented actually have freeway frontage. This lot does not have freeway frontage. They do have informational signs on the freeway that direct people to the Chevron and let them know about its existence coming up on the exits. There's a whole lot of property in that Magic View subdivision to be redeveloped yet and I would hate to think they'd all come in and request a sign to be seen from that far away - that a sign of that height will impact the views of Meridian and our entryway and our entryway into the city of Meridian. It would also be seen prominent to the foothills to the area near Roaring Springs. So staff does recommend denial of the application and that City Council would set some criteria now so that we don't see another application next week for a 70-foot high sign and to set some specific criteria for the signage on this site so there's no question. Bird: Any questions of Staff. Applicant. Butler: Good evening. Joann Butler, 101 South Capitol Boulevard. Can you hear me? Is that on? I had with me tonight, Mr. Spaghetti, the owner of the station and Craig Jamison to talk to you about some of those signs that Shari indicated that we had presented to Stan. You know that this has been going on for four years in this location and there has been a lot of back and forth. We are making our presentation tonight. Originally we were brought before the P & Z on your Sign Ordinance criteria. We held a hearing. It was later at that hearing determined that we should be reviewed as a Conditional Use Modification, although there's conflicting language in our Conditional Use Findings of Fact. Procedurally, I just have to say to the Council, just for the record, that we will address the Conditional Use Modification criteria, but we believe that we should have been reviewed under the Sign Ordinance all along, which is originally what the Council had decided. But we are here asking the Council to approve the sign. You know that we originally came before the City with a 100 foot sign. City indicated that we come back with a new application if we wanted a 77 foot sign. I don't know if the Council would remember, but we offered a Condition of Meridian City Council Meeting July 5f 2000 Page 60 Approval that we'd reduce the sign to 77 feet. That would be consistent with the Texaco Sign that's there and the Council suggested that we come back with a new application. I want to commend the city for working so hard on its Sign Ordinance that you're working on. But that Draft Ordinance doesn't affect this application. I want to stress that because I was listening outside as I was sitting in the hallway to the comments of staff, in which the Council was asking the Staff if they couldnlt do something different with their ordinance. Staff's comment at that point was "No, we have to enforce what's there, under the ordinance." And I know that you're working towards changing the sign ordinance. But staff was right when they said that and now on this application, they seem to be saying that "no, we'd like the Council on this application, to set some criteria." Well the criteria would have to be set out in that Zoning Ordinance, and until that's done welre not governed by that ordinance. And is it true that Magic View Subdivision, folks could come in and request different size signs. That's true, and that's why you're working toward your Sign Ordinance and I hope you get it done as soon as you can. We had also proposed to the Council at the last set of hearings that the condition that the applicant would turn off the sign between the hours of 11 :00 in the evening and 5 am, even though the facility will be open all night. That's a Chevron sign and the McDonald's sign would be turned off between the hours of 11 p.m. and 6 a.m. I just want to review quickly the Conditions of Approval or the criteria for a Conditional Use and show you the facts of your ordinance and your comprehensive plan allow this sign to be built as we propose. The first criteria that you have is that this does constitute a Conditional Use and we'll accept that under protest, as I mentioned before. You did annex this property as General Retail and Service Commercial. This Council made the determination that these approved uses are Conditional Uses in nature. The whole purpose, and I'm going to quote you from your ordinance of the General Retail and Service Commercial District, and I'm quoting: " to provide for commercial uses, which are customarily operated entirely or almost entirely within a building, to provide for a review of the impact of proposed commercial uses which are auto and service oriented, and are located in close proximity to, not next to, but in close proximity to major highway or arterial streets to fulfill the need of the travel related service, as well as retail sales for transient and permanent motoring public. The whole purpose of the C-G zone is to serve the motoring public with services in close proximity to the major highways, and that's what we've attempted to do. I want the Council, if it hasn't read the transcript would know this but P & Z Commissioner Barbeiro, during the P & Z Commission, made a talk to his fellow commissioners, who happen to be new - and said" You know when this was up before us last time, I voted against this sign" and he said" because I didn't understand that our ordinances talked about enclosed proximity to major highways," and he said he was wrong. He voted for the sign in this case. *** End of Side 4 *** Meridian City Council Meeting July 5, 2000 Page 61 Butler: -- adopted the Comprehensive Plane. You identified this area as service commercial in nature. And this site is located smack dab in the middle of this service commercial area. It's consistent with the goals and the policies of the Comprehensive Plan. Those in opposition at the P & Z Commission and note that there is nobody here in opposition tonight. But at the P & Z, they gave no reasons - not one reason why the applicant is not in compliance with your ordinances. One of the commissioners, also P & Z commissioners stated at the hearing that it was always assumed that this freeway oriented sign would be part of this freeway oriented project. The City understands very well that this is part of your commercial development that you are leading people into the city of Meridian. By the way, that came up at another one of the hearings too - is that people don't understand that that particular corner is Meridian. Is it Eagle? Is that what Eagle Road is? Is this really Boise? Is this just Saint Luke's over in Boise? For me, it doesn't ever seem confusing, but what we understand from a lot of people is that the people did not understand that this is an entryway into Meridian. One of the things that I was just talking to Mr. Eddie about and I'll just throw it out to the Council for your consideration - is if, in connection with this sign, you would like a Welcome to Meridian, on that sign post - that Mr. Eddy was saying. If that's something that people want to consider, he'd be happy to work with the city on that. Your con plan states that the city supports economic development by designating these commercial activity centers in the city. That's exactly what this is. The land you sell them and if your con plan says it's based in part on the objective to provide mixed use planning along this 84 corridor, compatible with high volume corridors - and I'm not siting the actual sections. If you want me to do that or if you want me to provide my notes afterwards, I can do that. So the Eagle Partners Project promotes Meridian's Commercial Policy and I'm quoting: II that encourages commercial uses, especially travel related services to locate near." And again, I repeat "near high intensity activity areas such as freeway interchanges." It doesn't say freeway frontage. So several places in your Comprehensive Plan, you talk about "near the freeway interchange" but you don't require freeway frontage, which is probably why this Council approved the Texaco on 1st street, which also doesn't have freeway frontage. And the staff said not all of -the signs approved have freeway frontage. The mixed use policies of the plan also apply to this. We've been working diligently with the City to ensure and I'm paraphrasing the quoting mostly from one of your policies - Policy 5.11: to ensure that the character site improvements and type development is harmonized with previously developed land in the area. And because it is located adjacent and near existing residential areas, this project has been designed to be harmonized with those residential areas. And Eagle Partners has made all reasonable efforts, which we ask for, under your Comprehensive Plan, to reduce the environmental impact on the residential areas. Mr. Jamison is going to be talking to you about the orientation of the sign and the fact that it is not orientated to the residential area. It's deliberately done and the lighting from the sign has been addressed by Mr. Jamison in the past and he'll address that for you now as well. So your plan recognizes that you want to simplify the mobility of people and goods within the Meridian City Council Meeting July 5, 2000 Page 62 city. Staff mentioned the small logos that are found on 1-84. That is outside of the city's jurisdiction. That's not even a State Highway - Federal Highway, and that the signs are not addressed. This is a separate application. Your next criteria is that it will be designed and constructed and operated according to the intended character of the general vicinity. Again, that is the general service commercial area. It will not be hazardous or disturbing to existing or future neighborhood uses. Again, a lot of work has been done with the Planning and Zoning Commission to identify this as not being hazardous, certainly, or disturbing to existing or future uses. We've offered that Condition of Approval to turn off the sign, and again, it is oriented away from the neighborhood. There is no blinking light from this sign, either. One of the things I would like to - this also was brought up to the P & Z Commission. A pilot was at the P & Z Commission and told the story about how that when the Boise Tower is off or ifs foggy and you cannot see the tower, that pilots pone in on Boise by finding that Texaco sign, because that is brighter than the Boise Tower. And so I just want to mention don't equate us with the Texaco Sign. We are not the Texaco sign. We are not blinking lights, and if anything is disturbing to the neighborhood, I would imagine that's it. Some of the other criteria that you have for Conditional Uses don't quite - aren't quite applicable to signs but I will just mention them - that all essential public services are found in the area. That's true. It won't require excessive additional requirements of Public costs. That's obviously true. It won't involve uses with an excessive, and I quote" excessive production of glare" and Mr. Jamison will address that as well. The criteria to have vehicular approaches to the property obviously are not the criteria. To address this sign within also the destruction of natural or scenic features on this also is not an issue. The only reason that the Commission denied the sign after Mr. Barbeiro gave his presentation and Mr. Borup was - Mr. Hatcher voted against it, although I'll point out that at the original hearing, he said he was going to abstain. So I want to point that out for the record because in the end he did not. He said that he voted against it because if he could, he would get rid of the Texaco sign, but that's really not the issue here. The issue is does this sign meet your ordinance and your codes and we believe it does. Ms. Norton mentioned that when she made the motion, she said something about the fact that the Pylon sign had not been addressed in March of 1999. I really can't tell you what that's about, but again, that would not be an issue for not reviewing this application that's before you. We did talk to your attorney. We quoted some Supreme Court cases that I think Mr. Nichols is aware of. In your staff report, the reasons for denying the sign is that staff finds the application inconsistent with the 1993 Comprehensive Plan. I've given you many and the P & Z commissioners many portions of the Camp. plan and your ordinance is showing that we are in compliance with the Comprehensive Plan. But the Supreme Court has ruled that you cannot deny an application solely on the basis of your Comprehensive Plan. Your Comprehensive Plan are your goals, and you need to set standards, against to judge something like a sign, and that's why your working on your sign ordinance - because you don't have those standards now. We are trying to make our sign compatible with other signs in the area and we find that we are compatible. We Meridian City Council Meeting July 5,2000 Page 63 have many signs that are higher than this sign that have been approved. Likewise, we pointed out to the city attorney, a case out of Twin Falls - Lamar versus the City of Twin Falls in which the City was found to have adopted suitable standards - something different for something that you're striving for. So with that, I'll turn it over to Mr. Jamison. I'll reserve just a minute for a rebuttal at the end, unless you have any questions. Bird: Thank you. Jamison: Mr. President and members of the City Council. My name is Craig Jamison, with Idaho Electric Signs, 6528 Supply Way, also representing the applicant in this case. But there's really not a whole lot that I can really add to Miss Butler's comments on this. Of course this is a project that I have been personally involved in on one level or another for about the last four years. And I can tell you that based on my experience, we had originally presented at one point. This was many years ago, to the Planning and Zoning Commission - a sign very similar to the one we're asking for tonight. At that point there was times when we attempted to submit signage applications. We attempted to include it with Conditional Use Permits - whatever - but the policies just seem to keep changing for us, and so final~y we've ended up at this point where we're once again coming and requesting this modification to the Conditional Use. This is a refresher - the orientation of the sign. We think that's very important. It is not oriented to the neighborhood on the north, which was most of the' neighbors had their problem in terms of the lighting. It is oriented east west along the freeway interchange. And of course the sides of the signs themselves are metal. So any kind of light transmission that's coming out of the signs is being directed east west where there's no residences involved in that. The placement that we've chosen for the sign on the back part of the property is actually two football fields away from the residences that are in question. I thought it was also interesting at the last Planning and Zoning Meeting - Mr. Barbeiro was really coming to questioning the real concerns of the neighbors and the lighting and all of that. I think the neighbors were very honest in their response when it really came down to it. A lot of the lighting was coming from maybe the station itself, or maybe the Texaco Sign. I think they really came down to the decision that the lighting really wasn't that much of a concern. And especially when you consider the height being at the 77 foot height, it's going to be way above any of the houses that are involved. I do have copies for you here of the signs that we did survey. I could present these two you - along 1-84. They do demonstrate that there are other signs - certainly a lot of signs within the basic corridor and within the city of Meridian itself, that are heights of equal to or in excess of the sign we are requesting. There's a question on the Jackson's sign - the actual height that we discuss. We base that height finding on the fact that we were also asked to bid on doing that sign. So we have the prints that were being utilized to build it and it showed in our records as being 77 foot. They could have made it shorter, but I doubt if they would have done that since that was what they were asking for and apparently there was no real review of it. But certainly, the McDonald's sign ( / \ Meridian City Council Meeting July 5, 2000 Page 64 that's located down there on 4th Street, that is a 100 foot sign. Just right there, also at the intersection there at Meridian - the Best Western Sign. As we were in the process of going through this application, that sign was actually being raised. Our understanding was that it was raised to an 80 foot height and that was on a staff level approval. As a matter of fact, if you'll look at the photograph of that sign, you'll see there's a crane on it right when I took the photograph so - certainly a lot of signs - Best Western Sign, the 80 foot Meridian floor. We show that at approximately 85 foot, the other Texaco Sign, probably about 70 foot - the one that's on the south side of the freeway. A lot of these signs are located next to the interstate, but not all of them are. On 1-84, you can find the Meridian Ford, The Best Western, The Home Depot and Roaring Springs. Without freeway frontage would be the Texaco Eagle, the other Texaco down there south of the Interstate. Farther back you've got your tallest sign, with McDonald's, and then you've got other signs that are quite high up there such as the Shari's Sign, and then the new R.C. Willey Sign and the new Meridian Crossroads Signs. And I know Meridian Crossroads - I know that came up a question earlier. Those are 35-foot overall height and 350 square foot. Certainly there's contention that this sign would be the highest point of the horizon and I think we just pointed out that that really isn't the case. I might even think that the hospital could be the highest point on the horizon. But at any rate, there's also the perception that because you have the Interstate information signs, that that takes care of whatever necessary advertising that the people might need for being in that type of related business. And they're great for letting people know where to get off, but I could tell you and I think you'd agree to me it's a real comfort when you do get off so you know which direction to go. That's something that this sign will do. And certainly we're also looking at it from the standpoint of advertising. Not everybody's going to be pulling off right now to go to McDonald's or to Chevron. For the traffic going back and forth seeing it - I mean it reinforces in people's minds that this is a business that's located there when they want to utilize it. I could tell you that companies like Chevron or like McDonald's - or let's talk about local operators like Mr. Addie or like the Darmanies' - wouldn't be spending this amount of money and wouldn't be coming to meetings continuously to torment you and bringing attorneys in if there wasn1t that type of a benefit that's involved for them. You1re looking at - A sign of this nature - I don't know what they're going to be paying for. We would just be doing the installation. But my guess a sign of this nature is $75,000 on up. So there's also the concern that I have all the time is if we allow these people to have this, then somebody else is going to want it and somebody else is going to want it. In actuality I think you'll find when you're talking that types of dollars and you1ra talking about the process that you have to go for, it's pretty much of a self policing action. Not everybody is going to want that type of sign, nor are they going to spend the money for it. With that, if you have any questions, I'd be more than happy to address it. Bird: Any questions, Council. Jamison: Thank you. ( Meridian City Council Meeting July 5. 2000 Page 65 Bird: Joann, would you make it short and sweet? Butler: Sure. The only thing I'd ask is if the City doesn't permit the sign, as we're proposed, we need the City to tell us very clearly why we're not being approved as compared to some of the other signs in the area. And also, as code would ask, tell us what we need to do to obtain approval. Thank you. Bird: Thank you, Joann. Okay, Council. Any questions. deWeerd: Mr. President. Bird: Mrs. deWeerd. deWeerd: On the staff, we have our Unified Code, or Sign Code - what is the criteria in that? She says that it's up to code. What is our code? Stiles: They could have a 300 feet sign and it would meet that code. That's why this is a Conditional Use Permit. The case history that's been presented here, I donlt believe is really relevant. It has to do with a subdivision of a property that was already zoned and they met the criteria of the Zoning and Subdivision Ordinance and I donlt think that the Comprehensive Plan is the only criteria that was used in determining that we would not recommend this sign. There's the issues of aesthetics and the fact that in a Conditional Use Permit, you can impose requirements that are not contained in the Ordinance. They also had to have a 35-foot landscape setback. That was not in the Ordinance, but it was part of the C0nditional Use Permit. That's why one of the conditions of the original Conditional Use Permit that the staff put in and was included - were that details needed to be approved as part of the application so that we wouldn't go through this every time. I can guarantee it weill be going through this every time unless we set definite criteria as part of a Conditional Use Permit. I haven't surveyed the sign that's out at Jackson's and I think everybody here can admit that that's a mistake. But I donlt think past mistakes should set a precedent for approving things in the future. And the City has the opportunity to set a definite standard for this development. Our ordinance that welre proposing, at least, sets that at 20 feet, I believe. Do you remember if itls 20 or 25? deWeerd: I donlt think you got to highway signs. How tall is the Texaco one by JBls? Stiles: I don't know. Bird: Texaco by JB's. I think it's probably up in the 70's. Shari, the problem I see, and I'm going to go off because I am in a business where competition - you have to stay equal. We let one and - you look right across the street, I would tell Mr. Eddie that if he wanted to build a building up 100 feet, he can put signs on it ( Meridian City Council Meeting July 5,2000 Page 66 ( all over. Saint Luke1s is sitting up there and those signs that's their advertisement is 95 feet in the air because I hung the things. And just tonight we were arguing about Noreo's 25 feet sign. A half mile down, you get Crossroads, 380 square feet, 35 feet - a half mile down. And then we're arguing about this. Stiles: That's not staff. Bird: No, I am not saying staff. I include myself because I voted on both of them. Stiles: But look at the size of the project. Now you've got 74 acres of a project there. Bird: Seventy-four acres. I mean, if you're going to have, that's your main gateway in, that you're telling me. You're telling me that it's okay for one to have 75. You go a mile down the road, you got another 75. Just because they're both the same company, and then the guy next door that's competing that ain't gonna put anymore light up there that's already there between St. Luke's - it shouldn't be approved. I don't agree. Stiles: Well, you see our problem. That's why we asked for these to be approved as part of a Conditional Use process. That's why we want the details approved. Now, Joann could have come in here today and proposed a 300 foot sign and made the same argument that that - our ordinance didn't say they couldn't have one. Bird: I know that. Stiles: So, you've got to set some kind of standard as part of these Conditional Use Permit applications. When you've got the opportunity to set a limit - I mean, right kitty corner from this property, Hubbell came in. They're developing that parcel. They put the requirement on themselves that they would not exceed 10 feet for any of there three standing signs. And granted, it's a different kind of business. Bird: You're talking about different businesses. Stiles: But maybe they have a business in there that wants to be seen from the freeway. Bird: They don't have a retail? Stiles: They can. Bird: They can, but 1111 guarantee it they don't or won't Stiles: They're zoned commercial. They could come in with retail. ( Meridian City Council Meeting July 5,2000 Page 67 ( Bird: Very few people are going to go back there. What is the Holiday Express up? All they have to do is put a sign across the top of their banner like they've got right there and they're as high as the Texaco or the Chevron, either one. Stiles: I don't think anybody would have a problem if they had a building approved and they wanted to do wall signage. It's a free standing signage that we have a problem with. You know. We've already got a problem with the project because of the lights glaring so terribly. You go in those people's backyard and it's daylight and there's been no attempt to alleviate that. deWeerd: That's a different applicant. Stiles: No. That's the same applicant. It's this project - same property, same project. deWeerd: They're having light complaints. Bird: They're having glaring light over into the - Stiles: From the canopy. Bird: -- from the canopy. Stiles: Yes. Bird: I hadn't heard that, Shari, so I didn't know but I just think you got to - a General or Uniform Ordinance would be great if every piece of property and every building was built was the same and had the same thing in it. When you're out there competing for the dollar, if your competition right next door to you has got 75 foot of sign, that everybody on the freeway can see, and it's a Texaco - sure, when they get there, 25 percent is going to turn into the Chevron I McDonald's, but the other 75 percent is going to - especially if you're a Texaco card guy or somebody or company that does it. You see a Texaco there, you pull off. If you're a Chevron, where are you going to see the Chevron sign at? Stiles: On the freeway. Bird: You're going to drive on by. That's my only thing. I just think you got to make - If we want to be the community that I think we envision on being - where we can work, play, live, we have got to be fair with the people that pay the bills. And that's your businesses - your small businesses. I've had my say. Anybody else? ( Meridian City Council Meeting July 51 2000 Page 68 /- t deWeerd: To a certain extent, I agree with you, Keith, but you also have to remember where those businesses are located and that they deserve consideration too, although I don't see any of them here. But that is residences. McCandless: Residences. Bird: Oh. You mean residences. I thought you said businesses. I agree with you. deWeerd: That is why we started the sign ordinance last fall so we would have a consistent policy. And until we have a consistent policy, it's hard to defend something that you can build up to 300 feet. Now 100 feet was a little bit too much but when we have other signs - that Texaco. That's gone in recently. Stiles: Which one? deWeerd: Over by J B's Bird: You're right. deWeerd: But that's been done since the Jackson's sign. I don't remember even seeing that one. Stiles: I don't think ifs gone in recently since we started requiring the Conditional Use Permit to have details of the sign. It hasn't gone through a Conditional Use Process. deWeerd: The Best Western one never came in front of us? Did it? Bird: Nope. Did Shari's come in front of us? Stiles: Nope. Bird: See, this is what I'm saying. We don't play even Steven. Shari, so help me God, I don't mean anything on your staff or anything. I realize you guys have to work by our rules and I understand we're antiquated as the devil. We're trying to run a 30,000 population with ordinances for a 1800. That's our fault, but I agree with Tammy. There have been too many of these big - there is no uglier to my- than Crossroad. And we approved that. That thing went through so fast with flying colors. And just like I said, then, tonight, staff is turning down one that's a half mile down in a retail development because it's 25 foot high. They don't want it there. Stiles: Well, we're trying to be consistent and we're trying to go with the input we've had from the Council. ( Meridian City Council Meetln"9 July 5,2000 Page 69 Bird: I understand. Stiles: And the Shari's and the McDonald's - those were done long before I came here - nobody even asked for landscaping. You know. That wasn't a criteria. Meridian was begging for businesses to come. Meridian's not begging for businesses to come. You can be selective and you can worry about the entrance to your city and to not see a giant McDonald's beacon be your beacon to come to Meridian. Bird: I don't agree there, but there won't be a discussion this time. McCandless: Mr. President. Bird: Go ahead. McCandless: I'm sitting here listening to you but I when people are traveling on the freeway and they need gas and they look for signs that they can see - particularly card holders - if they hold a Chevron or a Texaco - we do it. My husband and I do it when we're traveling. And we just keep going until we see the sign that we're looking for. If you can't see the signs, you aren't going to stop, so I think freeway signs that are seen from the freeway should be, perhaps, larger - particularly service signs, such as - well you have signs along the side of the freeway and it says next exit, you know you have certain restaurants. You're still looking for those big signs. I think that's a different ball of wax. deWeerd: Well, this area is a little bit different because of the proximity of the residences. The Shari's and Best Western's - they're in an industrial area. They're not surrounded by citizens and I think that's what staff is trying to be sensitive to. I think that until we have a policy in place, 100 feet was easy to defend. It's getting a little bit more difficult as they get closer to the other sizes. I guess I'll go ahead and stick my neck out on this one and say I'll move to approve the request for Conditional Use Permit for a proposed modifications to include an additional pole sign for Chevron I McDonald's in a C-G zone and ask the City Attorney to draw up Findings of Facts and Conclusions of Law to modify the CUP. Is that what you do? And decision of order. McCandless: Second. Bird: Move to second. Any discussion. If not, all in favor? Nichols: Mr. President, shouldn't it be roll call vote? Bird: Oh. I am sorry. Okay. Roll-call, Mr. Clerk. Roll-call: McCandless, aye; deWeerd, aye; Bird, aye; Anderson, abstain. ( Meridian City Council Meeting July 5,2000 Page 70 /' { MOTION CARRIED: THREE AYES Item 11. Department Reports: A. City Engineer - Gary Smith 1. 2000 Waterline Improvement Project - Ustick Road Waterline Extension: Bird: Okay, Mr. Anderson. You can join us again. Okay, Council. We've got some Department Reports. As I said, Gary was unable to make it tonight. The 1 st one on the agenda. It's the 2000 waterline improvement project - Ustick Road waterline extension. That's the one we approved that takes off, goes through Eagle and out to Summer. We had 7 bids and Lorie Construction submitted the apparent low bid in the amount of $220,559.85. And Public Works recommends the City Council award to contract this project to Lorie Construction subject to satisfactory evaluation of their reference qualifications commit to timelines necessary. Anderson: Mr. President. Bird: Mr. Anderson. Anderson: I would make a motion that we award the bid for the Ustick Road Waterline Extension to Lorie Construction in the amount of $220,559.85, and authorize the merit assignment prior to a test. McCandless: Second. Bird: Any discussion. Nichols: President Bird. Bird: Yes. Nichols: Councilman Anderson, is that subject to that recommendation that they pass the evaluation. Anderson: Yes. Bird: Second? McCandless: Yes. Bird: Okay. All in favor. \1 Meridian City Council Meeting- July 5,2000 Page 77 MOTION CARRIED: THREE AYES. MEETING ADJOURNED AT 11 :51 P.M. (TAPE OF THESE PROCEEDINGS ON FILE) APPROVED: \\\ \"t t.'" It", '\..\\\ ,."c. ~'" '~.J V1 'II, ,~ A. ~ '~__ ,'" A' ~ ~ \FrOll.4~~ ~ ~ ~ ~ ~ ~ i ~ ; SIAL ~ ; -"t: ~ ~ - ~ ~ - , ;. ,,~ '$"0 ,,,,61' .~~ ~"- ':If.?ouNrt .L\",~ ~ ..... ,'" ...,~ . \,\ "I \\\\ 111161'. t1"l\\ ATTESTED: July 28, 2000 MERIDIAN CITY COUNCIL MEETING July 5, 2000 APPLICANT COMPASS 2020 Plan REQUEST Public hearing for the COMPASS 2020 Plan ITEM NO. 2 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached ~ 'ylVif t~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 'O/OD 1/l ,hl ~ Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. / CITY COUNCIL MEMBERS Ron Anderson Keith 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 tic YVl-e eh Aj 1--0-00 ltk2m * ~ MAYOR Robert D. Corrie ( HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN (208) 884-5533 · Fax 888-6854 MEMORANDUM: June 30, 2000 To: Mayor & City Council Brad Hawkins-Clark, Planner..-p\\'c- Steve Siddoway, Planner~ From: Re: COMPASS Destination 2020 Plan - Meridian Adoption This memo provides Planning & Zoning Department staff comments and recommended changes for Item #2 on your July 5th meeting agenda pertaining to the adoption of Destination 2020. Below are some highlights from the Plan that are specific to Meridian and our Area of Impact as well as a couple of recommendations for changes/edits that we request you incorporate as conditions of adoption of the Plan: A. The AP A/COMP ASS Board adopted changes to the 2015 Functional Classification Map on 7/19/99. To complete the final adoption of the new 2020 Functional Classification Map, each city in Ada County must adopt the new map and changes as part of their Comprehensive Plan. B. Meridian's Draft Comprehensive Plan (June 2000 version, currently under review for public comment until July 24th) includes the 2015 Street Functional Classification Map and the proposed 2020 changes. There are six (6) proposed modifications to the Functional Classification Map that impact Meridian's area, all upgrading the roadways to a higher street classification. Table 4-2 (pg. 12) and Figure 4-12 (pg. 17) of the Plan show these changes: · Amity Road - McDermott to Eagle (Collector ~ Minor Arterial) · Black Cat Road - Franklin to Hubbard (Local -? Minor Arterial) · Franklin Road - Ten Mile to McDermott (Collector -? Minor Arterial) · Magic View Drive - Eagle to Locust Grove (no classification -? Collector) · Ustick Road - McDermott to Black Cat (Collector -7 Minor Arterial) · Victory Road - McDermott to Eagle (Local -? Collector) Recommendation: The Figure 4-12 map showing 2020 Functional Classification Changes for Meridian needs to be amended to reflect projects 7, 17, 33 and 34 from Table 4-2. These four projects are not currently shown. Destination 2020.doc Mayor & City Council June 30, 2000 Page 2 Also, earlier this year, J-U-B Engineers completed a study for ACHD evaluating potential locations for new Collector-designated roadways in Ada County, east of Eagle Road/SH 55. The Council may want to review this report and determine if any of these recommended changes or new roadways be included in the Destination 2020 Plan. c. Table 4-3 (pg. 19) lists major intersections in Ada County that are slated for preservation (not construction) over the next 20 years. Three (3) of these intersections are in Meridian's Area of Impact, all located on Eagle Road. A fourth intersection, Fairview Avenue and Eagle Road, is already in ACHD's Five Year Work Program and scheduled for construction in 2001. The project will involve dual left-turn lanes at all four legs and upgrading the signal. Dakota Company contributed approximately $390,000 to this project. D. The Mayor's Ad Hoc Transportation Committee, in their 12/8/98 memo, recommended three (3) different tiers of priority projects, putting particular emphasis on the eight (8) projects in Tier 1. Table 5-2 (pg. 4-5'1 Chapter 5) includes all the Tier 1 proiects requested by the Mayor's Ad Hoc Committee. It also carries over a couple of projects from the Destination 2015 Plan, one of which is the Meridian RoadIE. 1 5t Street One Way Couplet. This project was listed by the Mayor's Ad Hoc Cormnittee as a Tier 2 priority project. However, the Committee's recommendation stated that they believed Tier 1 projects, by themselves, would solve the congestion issues without the E. 1 st/Meridian Road couplet being required in the foreseeable future. The memo states, "The task group specifically recommends that Tier 1 projects be implemented as soon as possible, recognizing that the E. 1 5t and Meridian Road couplet may still be required if the Tier 1 projects do not solve the issues." Recommendation: In this light, Staff recommends Project #29 on Table 5-2, "Transportation Projects Planned for Construction Within the Next 20 Years," be either omitted or moved out to 2020, not 2015. E. Projects #30 and #31 on Table 5-2 are the Overland Road widening projects. A correction needs to be made to reflect the current ACHD Wark Plan which shows these as 5 lanes, not 3 lanes. Also, expansion of Overland to 3 lanes from Stoddard Road to Kuna-Meridian Road/SH69 should be added as a new project. F. Figure 5-5 (pg. 10, Chapter 5) is missing Project #12 from Table 5-2, the Franklin Road expansion from Five Mile to Meridian Road. This should be added to the Figure 5-5 map. Destination 2020.doc fV\~ ADA COUNTY RECORDER / ~ J~ g.~V}Q N,~Y~BRO t: -c.J OEPUTv BEFORE THE MERIDrANtCITI COUNCILFEi-~ . I 2000 JL 2 0 PN I: 33 I Sf(( I 0 0 0 5 5 0 4 06-28-00 '~ IN THE MATTER OF THE REQUEST ) FOR VACATION OF A 30-FOOT NON- ) EXCLUSIVE EASEMENT FOR ) VEHICUJLAR AND PEDESTRIAN ) INGRESS, EGRESS AND UTILITY ) SERVICES, LOCATED AT ) BLACIC CAT AND TEN MILE ROAD ) ) ) APPLICANT: JEFFREY L. MANSHIP ) ) . . t CASE NO. VAC-OO-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF A 30-FOOT NON- EXCLUSIVE EASEMENT This matter coming on regularly before the City Council at its regular Ineeting on the 20th day of June, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning~Administrator, appeared and testified at the hearing, and the Applicant, Jeffrey L. Manship, appeared and testified, and no one appeared in opposition, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the f?llowing Findings of Fact and Decision and Order. Findings of .Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 Page 1 of 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50- 132S}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. A11Y person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerl(. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a weel( for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the celnetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easelnents granted for gas, sewer, water, telephone, cable television, Findings of :Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 Page 2 of 8 power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (I), (2), (3) and (5)} 4. Pursuant to Meridian City Code 99 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: E. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. F. . Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands Findings of Fact and Conclusions of Law and - Order of Vacation of a 3D-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 Page 3 of 8 ( . are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Jeffrey L. Manship, a single man, of 4375 W. Cherry Lane, Meridian, Idaho 83642, is the legal owner of the property. 2. Jeffrey L. Manship, filed a petition for the vacation of a 30-foot non- exclusive easement for vehicular and pedestrian ingress, egress and utility seIVices located in the northeast quarter of the northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho as dedicated in the QuitClaim Deed from John A. Fackelman and Muriel D. Fackelman, Co-Trustees of the John A. and Muriel D. Fackelman Trust, VITIA dated the 28th day of December, 1998, recorded May 25,2000, as Instrument No. 100040494. 3. The legal description of the 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility seIVices, which is attached to the QuitClaim Deed, and which is the subject of this petition is attached hereto as Exhibit "A", and consisting of six pages. 4. The recorded Vicinity Sketch of this subdivision is attached hereto as Exhibit "B". Findings of Fact and Conclusions of Law and - Order of Vacation of a 3D-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility seIVices by Jeffrey L. Manship / V AC-OO-004 Page 4 of 8 ( 5. The particular circumstances of the requested vacation is: The vacation is required to vacate a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services so the applicant may proceed with his subdivision. The proposed site of the requested easement is 1322.58' east of Black Cat Road on Cherry Lane. The easement allowed access back to the Brown property, which has since been sold. 6. The names of the affected by the petition to vacate include, and additionally when the Relinquishment of Easements are received they will be attached as Exhibit "C": 6.1 The applicant/owner of the property is Jeffrey L. Manship, Meridian, Idaho, and who applied for the vacation application. 6.2 Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power. 7. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 8. All affected utility holders will have to agreed and/or have agreed to the requested vacation in writing. 9. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 Page 5 of 8 J ( DECISION AND ORDER OF VACATION OF 30-FOOT NON-EXCLUSIVE EASEMENT NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. . The recorded Vicinity Sketch of this subdivision is attached hereto as Exhibit "B". 2. The legal description of the 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services, which is attached to the QuitClaim Deed, and which is the subject of this petition is . attached hereto as Exhibit "A", and consisting of six pages. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City ClerIc shall cause a certified copy of this order to be recorded with the Ada County Recorders office. Findi11gs of Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 Page 6 of 8 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 issuance or denial of the vacation may within twenty-eight (28) days after the date of this decision and order seel< a judicial review as provided by Chapter 52, Title 67, Idaho Code. 5-1" By action of the City Council at its regular meeting held on the -- day of a- tc.L;t , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED~ COUNCILMAN BIRD VOTED COUNCILPERSON deWEERD VOTED~ COUNCILPERSON Me CANDLESS VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 7--5 -00 Findings of -Fact and Conclusions of Law and - Page 7 of 8 Order of Vacation of a 3D-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by Jeffrey L. Manship / V AC-OO-004 / " Copy served upon Applicant, the Planning and Zoning Department, Public W orles Department and City Attorney. ~ 8~ 1-(i-fJO -Mayor R-6beFt-9:-Gt}rrie preS/denf ,t:e/f'A Bird,; - ell:! CoU/h-cW DATED: 7----f.;--{)t) STATE OF IDAHO, : ss. County of Ada. : r:t'h Ji On this '() - day of A~ ,2000, before me, the undersigned, a Notary Public in and for sai. State, personally appeared.w-~B:- /;{e/fA.- l3if-~ -88-RRlR and WILLIAM G. BERG, JR., known to me to be theMay6~ and City jJrt'.f;~ ClerIc of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hanq and affixed my official seal the day and year first above written. ........ .. a-. .~ ~:.---9-::1... (SEAL) ,,~~oT~>'tPi. :~(~ ~'~~~ .t:rJ,' * * * \N- :00: :>: e \ J · . \ I . .. \ , . ...dl~"~1-S:~o... · 411?1i OF 10 p;:.. msglZ:\Work~eridian l~~e~~ship Jeffrey VAC\FfCIOrdVacUtilityEasmt.doc o ~ ~ 710 1ITJ Findings of ,Fact and Conclusions of Law and - Order of Vacation of a 30-foot non-exclusive easement for vehicular and pedestrian ingress, egress and utility services by 'effrey L. Manship / V AC-OO-004 Page 8 of 8 ( :-D~. q~NTY RECORDER hI-CORDED - RECUEST OF oJ. ;~.'JQ H~VARRO "'\~? C r~-- I LJ C) C) 2DOD MY:;;~ I(J:i~;O: i , ~;~fE~~E~U;~ QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, JOI-f1\J A. FACKELMAN and 1v1URIEL D. FACKELMAN, CO- TRUSTEES OF THE JOHN A. AND MURIEL D. FACKELMAN TRUST, VITIA DATED THE 28TH DA Y OF DECENIBER 1998, as the owners of the real property situated in Ada County, Idaho, which is fully described on Exhibit A attached hereto and incorporated herein by this reference, HEREBY CONVEY, RELEASE, REMISE, AND FOREVER QUITCLAIM unto JEFFREY L. MANSHIP, a single man, whose complete mailing address is 4375 W. Cherry Lane, Meridian, Idaho 83642, the real property situated in' Ada County, Idaho, which is fully described on Exhibit B attached hereto and incorporated herein by this reference, including, without limitation, any easements or rights of access that exist in favor of the property described on Exhibit A over and burdening the property described on Exhibit B. DATED: ~'--d:?3 - ~oo THE JOHN A. AND MURIEL D. F~t\.CKELMAN TRUST, U/TI A 28TH DAY OF DECElvlBER 1998 By: 11;_~ f)/aJl~<?CL-- Muriel D. Fackelman, Co-Trustee \ QUITCLAIM DEED - 1 Ex-IL,<h;-f'I4" I STATE OF IDAHO ) ) S8. County of Ada ) On this~.1 day of Lm~ , 2000, before me, ~ceP'/ce It. ~.,q.l-e: ~Public in and for said State, personally appeared JOHN A. FACKELMAN and :MURlEL D. FACKELMAN, known or identified to me to be the CO-TRUSTEES OF THE JOHN A. AN.J?.JAURIEL D. FACKELMA..N TRUST, VITIA DATED THE 28TH DAY OF DECElvfBER,'1K~ trust tllat executed the vlitllin instrument and the persons who executed the instrument on behalf of said trust, and acknowledged to me they executed this instrument in their capacities as trustees and the trust executed the same. IN \VITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abo\'e V\Titten. .,...1111", to". '" ~1>~"~\CE A. l' "'# Iftp~ ~\--.. ....... 1'0"', ...~.... r,...'<I .. e.... :.0 .,..~ ~ ~ . - ~ ~ : .. ~ 0 T ~ a. ,r...... ~ t:.. ~ La\. - ..*. r -rn- :; : .....~ : E ~ . . - ":. · /J _*.. ~_ ffl.. VBLle.. : .; .,;\ e. ...: -:.. ~ ... .-.... "'~ ./tlJ ........ ~ 0 .... ';~#~t OF I'D ~ ~"".. tIt I.,.. ..."", Notary Publ~daho Residing at ~ ~d/z.-:::; My commission expires I /~-/ff- oS- QUITCLAIM DEED - 2 Exh,'b,.'f '11'( ;.L 04/1:3/00 THU 10: 45 FAX 208( '2 5597 FIRST AMERICAN TIt (4]003 '9RDER NO. 99062553 BBN EXHIBIT "An PAACEL A A portion of that tract of land described in Instrument Nos. 7503067 and 9260786, records of Ada County, Idaho, located in the NQrtheast Quarter of the Northwest Quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more partieularly described as follows: COMMENCING at the corner common to Sections 3, 4, 9 and ~O, Township 3 North, Range ~ West, Boise Meridian, from which the Quarter corner common to said Sections 3 and 10 bears South 89 deg~ees ~O'23~ Ease 2,645.05 f~eti thQnce South 89 degrees 40'23" East 1,323.69 feet to a point; from whiCh the West 1/16 corner bears North 89 degrees 40'23n West 1.11 feet; thence South 00 degrees 01'1S- West along the West boundary of that tract of land as described in said Instrument No. 75030S7, a distance of 6GQ.02 feet to the REAL POINT OF BEGINNING; thence eontinuing So~th 00 degrees 02'~8" West a distance of 6Sb.49 feet to the SouthWest COrner of 5aid tract; thence South 89 degrees 27'4Sn Ease 330.23 feet to the SOutheast corne4 of said Tract; thence NOrth 00 degrees 14'22- EaB~ 649.70 feet along an existing fence line and the WeB~ boundary of ROD'S PAR.KSIDE CREEB: STJEDIVISION NO.3, said West: boundary being common to the East boundary of a triangular shaped parcel as described in Instrument No. 9~S078a, =ecords of Ada County, Iaaho; thence North 00 degrees 39'41" East 8.00 feet to a point; thence North 89 degrees 40'23~ West 332.75 feet to a point. PARCEL E The Easetnent Created .by Grant01; Grantee ReOOrded Instrument No. WAlffiANTY DEED DEW1UNB A. AND PATRICIA A. KUBHL T!<rrST MICRAEL JAMES BROWN', et al DECEMBER 28, 1993 93110125 Described as: A thirty foot nan.excluaive easement for vehicular and pedestrian ingress, egress and utility services fo~ the benefit of the parcel herein conveyed, which easement ahall be permanent and perpetual, which easement shall run with the land, Over and across the following tract of land: - 1.. ....- _t_ ~_....~... ""'_11I ........................_~ ....___... Ex- h I/,);-f IIA II 3 04/13/00 THO 10:45 FAX 20f ,2 5597 FIRST AMERICAN T{ Continua~ion of Exhibit A Orde~ NO.:990a~553 KEN A 30 foot wide s~r1p of land located in the Northeast Quarter of the Northwest Quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particula~ly described as follows: COMMENCING at the Corner Common to Sections 3, 4, 9 and la, Township 3 North, Range 1 west, Boise Meridian, from which the Quarter corner COmmon said Sections 3 and 10 bears South B9 degrees 40'23ff East 2,645.05 feet; thence South 89 degrees 40'23" East 1,323.69 feet to a point; from whioh the West 1/16 corner bears North 89 degrees 40J23ft West 1.11 fe~t; thence South 00 degrees 01'19. West 25.00 ~eet to a point on the Sout.h right of way of w. Cherry Lane and the REAL POrNT OF BEGtNNING; thence continuing South 00 degrees 01'18- West 641.0~ feet to a point. thence SOUth 89 degrees 40'23" East 30.00 feet to a point; thence North 00 de~rees 01'18" EaSt 641.02 feet to a point on the SOuth right of way of w. Cherry Lane; thence North 89 degrees 40'23" NEat 30,00 feet to the POINT OP BEGINNING. -ht & + -2- -- ..~.- ~.........--......... ~ -....""'--..... ~ ....-4_ I .. . Ek-/z,'b/r 171 II Lj f4J004 _.~'..~ ( . -~- FA-I06471/HC Your No. KUEHL TRUST/MANSHIP EXHIBIT IIR 'I A parcel of land being a portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found Brass Cap marking the Section corner common to Sections 3, 4, 9, and 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 89040'23" East 1322.58 feet along the north boundary of the said Northwest quarter of Section 10 to a set 5/8" iron pin marking. the West One sixteenth corner of said Section 10, said pin bears 'North 89040'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10; thence continuing . . . . South 89 040 ' 23" East 1. 11 feet along said north boundary of the Northwes~ quarter of Section 10 to a point; thence south 0001'16" West 44.93 feet to 'a set .1/2" iron pin marking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT OF BEGINNING; thence South.89041'01" East 203.46 feet along said southerly right of way i>f Cherry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane South 0006'09" East 351.29 feet to a set 1/2" iron pin; thence North 89041'01" West 1.24.00 feet to a set 1/2" iron pin marking a point on the east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0006'09" East 266.34 feet to a found 5/8" iron pin marking the Southwest corner of said parcel as described under Instrument No. 574474, and the Northwest corner of that certain parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 89040'1911 East 4.00 feet to a found 1/2" iron pin marking the Northeast corner of said parcel as described under Instrument No. 9260788, records of'Ada County, Idaho; thence South 0039' 41" West 3.53 feet along ,the east boundary of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho to a found 1/2'! iron pin marking the Northeast corner of that certain parcel described under Instrument No. 93110125, records of Ada County, Idaho; thence CONTINUED # B E~h(h/l I'/{" .:) _..~~~ FA-106471/HC Your No. KUEHL TRUST/MANSHIP EXHIBIT "A" LEGAL CONTINUED North 89040'23" West 332.75 feet to a set 1/2" iron pin marking the Northwest corner of said parcel as described under Instrument No. 93110125, records of Ada county, Idaho, and being a point on the west bound"ary of said parcel as descr ibed under Instrument No. 8707411, records of Ada County, Idaho; thence North 0001'16" East 621.09 feet along said west boundary as described under Instrument No. 8707411, records of Ada County, Idaho to the REAL POINT OF BEGINNING. ?4'( 9 Exh,o/f (/I I( ~ ~ ~ ~ t ~ ~ B l~ ~~ t l?l-ACK cl ROAI?~ --------~- N,O.()(116"~, 666102' ~'\~~~~~~ 5.0.0fI6IJW. 62LIO. \.C,) ..... o ~~ '" . \ '\-~ \ ~ ~ I \ ~ ~I \ ~ ~I ~l ~ -/ ~ \ v lei - Q I' == I I ~ I ~ - II ~ 8 ~ I · ~ ~ ~~ O?r:" - ~~ ~111\J\ ij ~ ::r: ~ I~ ~I ~ ~~, rn ~ ~ q - l~ ~ i 7\:S LtJ ~ (;1 Q V\ 7cr N,O"06'09"W. ~I.~I-L 1 ~II~ ~ -< ~;-. ~ VII ~ ;: 81q ~ ~ w:1O'1 ~8 II ~ I ~ O~I () ~ ~I;!:P +tm' 'l:i - - 5.o"06'09"e. 662.?O'- - T - I I I ~ I i ...-... I / ~ / / ~ > z 8 ~ ~I I ~ <!51 I ~ ~'ti:' ~ ~~ ~ ~~ ~ Q ~ ~ ~I ~ I 1.66~' C' ~ ~ 0; ~ J' J' ..-6 \% " ~. "d ~ o 6 1"~ .. /. "'~ ~ ~ ~ ~ ~ -, o ~ - ~ ~ "If ;1~li :Ji -J;:I ~~, . -~ ~ 2 ~ \)\ ~~ ~;: \J\ 1- -- "'\ L + -rr---\ J. :a~) I,J- ! -! ~ S'O-;:.NW. / ' \ ,'"' A~QI~ / "" tl).~/ --- - ~ ~ ~ ~....,. ~1+t1~ ~ =.. . 0 .~.I i~~~~~~~~~a~ ~~!:Q~t-)\I\CDlIg ~'~~~~'~~a ~~ii8 l;l~1 ~ S ~ l'l ~ ~~i ~~ I ~. ~g ~i ~ ~ s a~~ ~ -1) ~ ~~~ ~ ~ Jf~!1 ~ ~ ~ ~I ~ I ~. ij ~} ~ ~ Ex-h, 0;/" Ii > ~~ .~ ~~~ ~~~ ~~~~ ~I~ ~ 5 ~ <: 8 (' G ( ~ v ~ r 7- tl_ o \:l. w 0,.. -0 ( .~ ~~ !Z. ~ ~ ~ -< ~ ~ ( ( Desk of the Mayor ... To: City Council From: Mayor Robert Corrie cc: File Date: 07/0512000 Re: Parks and Recreation Commission I 'MJuld like to appoint Debbie Watkins for the vacant seat on the Parks and Recreation Commission. Also I V\Kluld like to apJX>int David Moser as ex-officio for the vacant seat the school board member holds. Please address this at the July 5, 2000 City Council Meeting. Thank you. 1 tRECEIVED JUL 0 5 2000 CITY OF M'ERIDIAN CITY CLERK OFFrCE 2-2-1 .... . SECTION: 2-2-1: 2-2-2: 2-2-3: 2-2-4: 2-2-1: A. {<" \.,.. B. 61.",~~ (, ;r:. '. ~" "..", ~~~., ( \ ( 2-2-1 CHAPTER 2 PARKS AND RECREATION COMMISSION Establishment, Membership, Terms, Vacancies Organization; Rules And Regulations Duties Meetings ESTABLISHMENT, MEMBERSHIP, TERMS, VACANCIES: Commission Established: There is hereby established a Meridian Parks and Recreation Commission of the City. Membership; Compensation: 1. This Commission shall consist of seven (7) members who shall receive no salary. Members of the Commission shall be appointed by the Mayor and approved by the City Council on a vote of one-half (1/2) plus one of the Council members, and Commission members may, in like manner, be removed. 2. Residents who reside within the City limits, or area of impact and are a minimum of eighteen (18) years of age are eligible to serve on the Commission. At least one but not more than three (3) members may be appointed from residents of the City impact area, outside the corporate limits. 3. A subcommittee of three (3) .individuals of the Parks and Recreation Commission will review the application and submit a recommendation to the Mayor. The location of the applicant's residence, in order to provide a representation based upon geographic areas and population will be given strong consideration. 4. One member of the Meridian City Council, the City's Parks and Recreation Director, and one member who represents the City of Meridian 2-2-1 ( 2-2-3 .... "'... .,.. ~ ~-...... administration of the Joint School District No.2, Ada County, State of Idaho, shall serve as ex-officio members with no vote. i . \' c. Terms Of Office: 1. Each Commissioner shall serve a term of three (3) years. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the first term expiring. Reappointments are at the discretion of the Mayor, with confirmati.on by the City Council. 2. Starting dates of terms were staggered at the inception of the Parks and Recreation Commission so that three (3) Commissioner's terms expire each year starting in October 1, 1999. r'..... , . ) D. Vacancy: When vacancy occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. (Ord. 822, 4-20-1999) 2-2-2: ORGANIZATION; RULES AND REGULATIONS: A. Officers: At the first meeting each fiscal year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members chairman and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission. C. >\ . . ;. ~,~;; B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Parks and Recreation Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. (Ord. 822, 4-20-1999) 2-2-3: DUTIES: (~"'. . ,~ / ~> . ~'l , .).{ ',I ~' A. Supervision Of Recreation Areas: 1. The Parks and Recreation Commission shall advise the Mayor, City Council, and Parks and Recreation Director, on the planning for, conduct of, operation of, and the supervision of, public parks and public playgrounds, athletic fields, recreational facilities and other recreation activities on any of the properties owned or controlled by ( .,' ~ City of Meridian 2-2-3 2-2-4 the City, and on any other properties in the area of impact upon which recreational facilities and/or activities are conducted and/or planned. 2. Each year during the preliminary stages of budget preparation the Commission shall assist in planning and prioritizing projects and expenditures for the next fiscal year, and shall review the Parks and Recreation Department budget before its submission to the City Council. The Commission shall also review and comment on any needed changes and/or revisions to the City's Comprehensive Plan as that plan relates to Parks and Recreation. B. Reports: The Parks and Recreation Director shall make monthly reports to the Mayor and City Council, and other reports from time to time as requested by the Mayor and the City Council. The Parks and Recreation Commission chairman will submit an annual report to the Mayor and Council. C. Advisory Status: The Parks and Recreation Commission shall be deemed advisory to the Parks and Recreation Director, the Mayor and City Council. (Ord. 822, 4-20-1999) ,.' / 2-2-4: MEETINGS: The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and shall be publicized; the Commission shall allow and promote public participation in the meetings of the Commission. The Commission shall also review and comment on any needed changes to the City's Comprehensive Plan as it relates to Parks and Recreation. (Ord. 822, 4-20-1999) T ::'.. (. .'~~'.:' j. \' .. ......--. . City of Meridian July 28, 2000 Department Report MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor Robert Corrie REQUEST Appointments for Parks and Recreation Commission July 5, 2000 ITEM NO. 1 0- B- 1 AGENCY COMMENTS CITY CLERK: See attached memo CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: V 10 Ii lu1~ .r V/ CJrP INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 1) r---~ ~ cnm rnm 1J-f :tJ- -...2 ~G) ~ ~~ rn ~.. ~ ~ ~ to r- ~r n C1 ffi~ :t> ;cO Z'" G)~ (J)m (5::0 Z- .e -- z)> cnZ :J: m m -I I ""01 :;5: hm CJ)m 111-1 lJ- 322 ~G) ~ ~~ rn, 'i .~ ~ ~ tc ~, r- :b ~ n (J g :I: =i Fg m-< ~ ~ 0 -11 Z G')s (J)m -;0 G')_ ~C - -- Z~ cnZ :I: m m -I o > "'O~ :om o ~~ () \ -1~ i ~ ~ ( NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on July S, 2000, for the purpose of reviewing and considering the COMPASS 2020 Plan. A more particular description of the above is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours generally located at 33 East Pine Avenue. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14th day of June, 2000 PUBLISH June 23 and 30, 2000. \\\\\U!ltIUI1!, \ \ \ "".. t.. (>,1..-:.:-" ~ 1 I l,i r.. ,\,\ Of" i1iH_}'( .. ';._ ..I... ",," -^'~ ---"~2:~ " < ; f" "~'>'" " r~. "~?OR':2 ~j., ",,>-,,' .<. ~ v ?rGOO'!;{ w/,,~,". "'\- ..'''. .::: I '"' "<) \ ~< ::: l.:s , '~ ~. - ' ~ .~ S~liL .; :.:. . ~ 1.. . Z ~ & ~ :."'7~ OJ O.~ ~ Q , ~ 01.;, :: ..;. ~\ t'sr 15"\ ' ~~ $' 1/ 0,., .......1 l"'\. '" .......... ....// ~., ,"\ . .~ \'\1 "" 1/1,,", '-OUl",j '-~ i. \" ':// ,~\\\\ liJU~~~; ~'~~'.' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR TEMPORARY ) TRAILER IN I-L ZONE FOR 24 ) MONTHS LOCATED AT 2204 ) LANARI( STREET, MERIDIAN, ) IDAHO ) ) JAMESAIMONETTO, ) APPLICANT. ) ) 06-28-00 Case No. CUP-OO-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on June 20,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Adrninistrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Matthew G~encoe, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning ,Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having dilly considered the matter, the City Council hereby ma1(es the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. :AIMONETfO ZONED I-L / (CUP-OO-024) - 1 (' FINDINGS OF FACT 1. A-notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices w~re 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 June 20, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff reporte 3. _ This proposed development request is in an I-L zone, by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. :AIMONETTO ZONED I-L / (CUP-OO-024) - 2 4. The property is located at 2204 Lanarlc Street, Meridian, Idaho. 5. The owner of record of the subj ect property is James L. Aimonetto of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7 -2. 8. The proposed application requests a conditional use pennit for placement of a temporary office trailer for 24 months. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use pennit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use' as detennined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision. and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivision~ providing services in the City of Meridian planning jurisdiction public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. .AIMONETTO ZONED I-L / (CUP-OO-024) - 3 ( facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 . Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 12.2 . No signage was submitted, and none is approved with this application. Signage shall be subject to design review and shall require separate permits. No temporary banners, flags, or signage will be approved under this conditional use permit. 12.3 The applicant shall be required to meet the setbacks of the I-L zone. The temporary building shall be located a minimum of 35 feet from the front property line. 12.4 The Evans Drain and Gruber Lateral are within/adjacent to the northern portion of the property. The Evans Drain is the same drain that abuts R. C. Willey and Wheel City. City Ordinance 12-4-13 requires the piping of all existing irrigation/drainage ditches. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl<.8 Departlnent. Unless otherwise approved by City Council, the applicant shall be required to submit a bid for the tiling and a letter of credit or cash in the amount of 110% of the cost of piping prior to obtaining occupancy of the temporary building. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AlMONETIO ZONED I-L / (CUP-OO-024) - 4 12.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.6 No trash enclosure is shown on the plan. Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a temporary Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence. 12.7 Submit a letter of plan approval from Ada County Highway District when applying for a temporary Certificate of Zoning Compliance. 12.8 Future construction of the permanent building shall meet all Ordinance requirements. in existence at the time the building permit is applied for. 12.9. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall be submitted and approved by the Zoning Administrator for any new owners/tenants. 12.10 Provide the Public Works and Fire Departments with information on the method of fire protection to be used for the modular trailers. 12.11 Applicant shall obtain a temporary Certificate of Zoning Compliance and Occupancy Certificate for the modular trailers. 12.12 A maximum twelve (12) month time extension (starting from date of occupancy) shall be allowed. 12.13 This parcel is adjacent to the Union Pacific Railroad. This corridor is designated as a multiple use pathway in the Meridian Comprehensive Plan. Future plans to be submitted with the application for building permit shall need to incorporate landscaping along this corridor. 12.14 The numbered notes shown do not match the site plan. When applying for a temporary Certificate of Zoning Compliance, submit revised plan to correct errors and incorporate additional conditions of approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L.;AIMONETTO ZONED I-L/ (CUP-OO-024) - 5 Adopt the Recommendations of the Central District Health Department as follows: 12.15 Applicant shall submit plans to CDHD for a food establishment. 12.16 Applicant shall contact Steve Elmer at CDHD for a preliminary plan review of perishables storage area. Adopt the Recommendations of the Fire Department as follows: 12.17 The lot shall withstand a 70,000 lb. Emergency vehicle. Adopt the Recommendations of the Ada County Highway District as follows: 12.18 Future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically w~ived in vvriting by the District. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious: and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETIO ZONED IooL / (CUPooOOoo024) - 6 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol<e, fumes, glare or odors. 18. . The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. s67 -6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which .the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024) - 7 3. AB part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to detennille prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-1 7 -3) a. Will, in fact, constitute a conditional use as detennined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be hannonious 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; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities an'd services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; " f. ,Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024) - 8 g. Will not involve uses, actIVitIes, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smolce, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Light Industrial District (1- L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning COlnmission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved:, approved with conditions or denied. The Commission shall ensure that any approval or' approval with conditions of an application shall be in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. :AIMONETTO ZONED I-L / (CUP-OO-024) - 9 (' ( Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-00-024) - 10 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) PANGAEA LAND PLANNING FORA ) CONDITIONAL USE PERMIT FOR 40-UNIT ) APARTME.NT COMPLEX, PENN STATION ) APARTMENTS ZONED R-15 LOCATED ) SOUTH OF FAIRVIEW, EAST OF ) STONEHENGE WAY, MERIDIAN, IDAHO ) ) ) 06-27 -00 CASE NO. CUP-OO-028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5th day of Jilly, 2000, under the provisions of Meridian City Code 9 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council tal(es the following action: I. That the Applicant of the property is granted a conditional use permit for 40- unit apartment complex, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a 40-unit apartment complex, as described in the SITE PLAN FOR PENN STATION, DWG. NO. CAA- 000327, DATE: MARCH 27,2000, DRAWN BY: C.A. AUTH, B &A. ENGINEERS, INC., and APPLICANT & OWNER CENTERS CONSTRUCTION, INC., for the development of the aforementioned planned commercial development for a commercial development consisting of a 40-unit apartment complex, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 BY PANGAEA LAND PLANNING / CUP-OO-028 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 7; thence 500000'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence 589042'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No.2, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence NOoo05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No.2 to the Real Point of Beginning: Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No.2: N30008'00Il"W, 94.00 feet; N43018'00" W, 66.00 feet; N49022'00".W, 131.00 feet; N32038'OO",W, 73.70 feet; N21022'OO"'W, 114.70 feet; N29021'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision. No.2 and Danbury Fair Subdivision No.1, as shown on the official plat thereof on ~le in the office of the Ada County Recorder, to the southeasterly right-of- way of Stonehenge Way; Thence 97.42 feet along the southeasterly right-of-way of Stonehenge Way along a non-tangent curve deflecting to the left, with a radius of 141.42 feet, a central angle of 39028'15", a long chord of 95.51 feet, and a chord bearing of N30015'12lf E; Thence N64035'21" E, 178.07 feet; Thence N71015'21" E, 49.80 feet; Thence N83002'21" E, 36.35 feet; Thence N84017'21" E, 69.30 feet; Thence 500'000'32" W, 536.16 feet; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 BY PANGAEA LAND PLANNING / CUP-OO-028 Thence 589036'07" W, 10.25 feet; Thence SO 1021 '45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.468 acres, more or less. Subject to easements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers 51107110110, 51107110200 and 51107110510. 2. That the above named applicant is granted a conditional use permit for a 40- unit apartment complex, located south of Fairview, east of Stonehenge Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff (modified by the Planning and Zoning Commission) as follows: 2.1 Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20,2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the project shall contract with a professional landscape maintenance company for the maintenance of all the facilities, and therefore will not be required to have a storage facility on site for storage of maintenance equipment. Prov!sion of RV/Boat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Cana~ unless applicant applies for and receives approval of a variance for this requirement. 2.2 Off-street parldng shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 BY PANGAEA' LAND PLANNING / CUP-OO-028 2.3 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 2.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be pennitted. 2.7 Provide five-foot wide pedestrian wall<ways in accordance with City Ordinance. 2.8 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.9 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parlcing is provided, at least one must.be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the a~chitect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. 2.10 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. 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. 2 .11 Water service to this site will be via extensions from extensions of an existing main: in Stonehenge Way. Applicant will be responsible to construct the water main~ to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Warks Department. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 BY PANGAEA LAND PLANNING / CUP-OO-028 Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.12 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.13 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at stree~ intersections and/or fire hydrants. 2.14 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to th~ City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The PublIC Works Departn1ent must approve an irrigation plan before any Building Permits are issued. 2.15 Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of 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 conn~ction is utilized, the developer shall be responsible for the payment of asses~ments for the common areas prior to signature on the final plat by the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 BY PANGAEA: LAND PLANNING / CUP-OO-028 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. 2.16 The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. 2.17 The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. 2.18 The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. 2.19 The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. Applicant shall provide seven (7) additional parking spaces to accommodate visitor parking. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parldng spaces. 2.20 All drive-ways shall be 25-feet in width and shall be posted so that parking which would block the drive-ways will be prohibited. 2.21 The Meridian Fire Department shall approve the proposed IS-foot wide one- way ~ntry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire truck access. 2.22 Six-f<?ot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 BY PANGAEA LAND PLANNING / CUP-OO-028 ( 2.23 Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high-density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. 2.24 Proposals for Planned Unit Developments must include a minimum often percent common area. Common open space shall mean land area space exclusive of street rights-of-way, buildings, parldng areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No calculations for open space were submitted with the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. 2.25 The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. 2.26 The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) 2.27 The proposed 6' X 4' entry signage for the project shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. Adopt the Recommendations of the Ada County Highway District as follows: 2.28 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 BY PANGAEA LAND PLANNING / CUP-OO-028 ( \. Segments to be replaced shall be determined by ACHD Construction Services staff. . 2.29 Utility street cuts in pavement less than five years old are not allowed unless apprQved in writing by the District. 2.30 Locate site driveway 35-feet north of the south property line. 2.31 Pave .the site driveway access to Stonehenge to its full-required width of 24 to 30-feet and 30-feet beyond the edge of pavement with IS-foot radii pavement tapers abutting the existing roadway edge. 2.32 In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 2.33 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 2.34 Only. one egress and ingress into this project. 2.35 All trash and weed will need to be cleaned up on common areas. 2.36 No p~rking of vehicles or trailers in cul-de-sac. Adopt the Recommendations of the Central District Health Department as follows: 2.37 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. 2.38 Run-bff is not to create a mosquito breeding problem. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9 BY PANGAEA: LAND PLANNING / CUP-OO-028 2.39 Storrhwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.40 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. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-1 7 -8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the of iT ~ ' 2000. 5~ day .. . GeFFie;-M*Y<7F- City of Meridian ILe/ffL13/rcL - fJrecf/Cte~ e/~ C47~U~ Copy served upon Applicant, the Planning and Zoning Department, Public Warks \\"\tUU HI"/II Departme and City Attorney. ...,,\.,\,\'\\ of Ul="b#~/llllll ," ~~ =--lI'Q4 ~~ , Dated: ?-tJ --00 /' (} ~oVPOIt4~o ~ '\ ~ ~ E ~ 1~ ~ v' gO B SEAL -;;. ~~ ....#..0 f '\"'0 t,sr 151 · ~ $ ~ Jf C -f;J'f- ,,'- '~./I. OllNT'l. \""" 'III l.\\,' ./l"ttul u.u.t\',~' msg/Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\CUPOrder028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 BY PANGAEA. LAND PLANNING / CUP-OO-028 (- BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 06-26-00 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR TEARE TERRACE ) ) BY:~BEZIGROUP, AN ) IDAHO GENERAL ) PARTNERSHIP, DEVELOPER ) WILLIAM !(. CURTIS, MIRIAM ) E. BARR, AND MARGUERITE J. ) SCOTT,O~ERS ) ) Case No. PP-OO-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 6, 2000, and continued until June 20,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearirtg and testifying on behalf of the Applicant was Gerald Martin, and the City Council having received a report from Bruce Frecldeton, Senior Engineering Technician,. Brad Hawl<.ins-Clark, Planner, for the Planning and Zoning Department, 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 Site Layout, Approved: C. Geiger, Drawn: J. SI<EEN, Date: 05-30-00, DWG NO.: 52499 _pp.dwg, EHM FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) .. I ( ( ENGINEERS, INC., Engineers, WILLIAM CURTIS-OWNER, LeROY ATWOOD/WESTERN DEVELOPMENT-Developer, for TEARE TERRACE," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council mal(es the following findings: FINDINGS OF FACT 1. ~ That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian COluprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned General Retail and Service Commercial (G-C), Neighborhood Business District (C-N), Medium High Density Residential District (R-15), and Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 IC, H, E and D.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629. 3. : It,is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 2 ( and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no spe:cifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7 . The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Site Layout, Approved: C. Geiger, Drawn: J. SI<EEN, Date: 05-30-00, DWG NO.: 52499 _pp.dwg, EHM ENGINEERS, INC., Engineers, WILLIAM CURTIS-OWNER, LeROY ATWOOD/WESTERN DEVELOPMENT-Developer, for T~ TERRACE." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 3 Code S 12-~-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Site Layout, Approved: C. Geiger, Drawn: J. SI<EEN, Date: 05-30-00, DWG NO.: 52499 _pp.dwg, EHM ENGINEERS, INC., Engineers, WILLIAM CURTIS- OWNER, LeROY ATWOOD/WESTERN DEVELOPMENT-Developer, for TEARE TERRACE," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Clarify the discrepancies between the figures in the site summary box on the face of plat and other figures. Most of the "Area (acreage)" figures in the box are larger than the figures within the actual lot boundaries. 2.2 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malee any corrections necessary to conform. 2.3 Coordinate fire hydrant placement with the City of Meridian Public . W orles Department. 2.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 4 ;'- { reimbursement to the developer for any over payment of assessments, or payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.5 Sanitary sewer service to this site shall be via extensions from existing mains installed in adjacent developments. Subdivision designer to coordinate main sizing and routing with the Public W orles Department. Sewer manholes are to be provided to lceep the sewer lines on the south and west sides of the centerline. 2.6 Water service to this site shall be via extensions from existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W orles Department. Provide the Public worles department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.7 Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orIes Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.8 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hoole-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary : water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.9 Applicant has not indicated whether the pressurized irrigation system ~ within this development is to be owned and maintained by an , association or the N ampa & Meridian Irrigation District. If the system FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 5 is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public W orl<.8 Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creel, 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. 2.10 The Ada County Highway District requires some type of approved turnaround at the terminus of Teare Avenue to allow for a vehicular turnaround. At the 4-28-00 Technical Review meeting, P&Z staff, . ACHD staff and the Applicant discussed the possibility of a service! emergency driveway that shall extend west from the south end of Teare . Avenue and connect with Victoria Street, running along the north boundary of Lot 2, Blocl( 2. Such a driveway would meet ACHD's accessibility requirement and minimize the amount of land required to construct a hammerhead, cul-de-sac or other turnaround. This service/ emergency driveway shall be located south of the required 20-foot planting strip. A pedestrian walkway shall be provided from Teare to Victoria, which shall be integrated into the landscape strip (see Subdivision Ord. 12-4-3). 2.11 Ordinance 12-4-8.B. states, "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision." The J aclcson Drain which courses the north of this parcel is such a natural feature, providing a habitat for red-winged blackbirds and other species, and shall be preserved in the design and development of Lot 1, Bloclc 3. It shall not be piped and shall become an open-space amenity for the future apartment complex or other development on this lot. At least one side of the J aclcson Drain be utilized as a linear FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) .. 6 l' ( pathway within the Planned Development. The drain continues to the northwest through Raleigh Hawe's currently undeveloped parcel and then connects with the only City-owned pathway in Fothergill Subdivision on Meridian Road. This section of pathway along the Jackson Drain shall be a criticallin1( to provide a continuous public pedestrian corridor from Meridian Road at Fothergill southeast to Locust Grove Road. 2.12 The Comprehensive Plan designates Fairview Avenue as an entryvvay corridor. The Fairview landscape buffer be a minimum of 35-feet in width beyond the required ACID right-of-way and constructed by the developer as a condition of the plat. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way designated as such on the plat. No landscape easement is currently shown. This requirement does not include interior lot landscaping. Interior landscaping on each lot shall be dealt with on a site by site review basis as part of the Certificate of Zoning Compliance and building permit process. 2.13 Meridian Subdivision & Development Ordinance # 12-4-7, "Planting Strips and Reserve Strips," requires a minimum 20-foot wide screen between incompatible development features, including commercial adjacent to residential. The screening shall not be a part of the normal street right of way or utility easement. There are six (6) common property boundaries within the proposed plat that propose a commercial zone immediately adjacent to existing residential property. These boundaries are: . E boundary of Lot 2, Block 2 . N boundary of Lot 2, Block 2 (except Teare Ave. and the shared boundary between Lot I, Block 2) . E boundary of Lot 1, Block 2 . N boundary of Lot I, Block 2 . N boundary of Lot 1, Block 1 . W boundary of Lot 1, Bloclc 1 Each of these property boundaries shall be required to plant a 20-foot landscape strip abutting the property line and should designate a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 7 permanent landscape easement for each strip on the plat. The north boundary of Lot 1, Block 1 could split the 20-foot planting strip with Lot 1, Block 3, placing 10 feet on each lot. 2.14 D-etailed landscape plans for the Fairview Avenue landscape buffer and the six (6) required planting strips shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. 2.15 Six-foot-high, solid, perimeter fencing shall be required along the western boundary of Lot I, Block 3, and Lot 1, Block I. Submit detailed . fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 2.16.. The Applicant is not proposing any CC&Rs (covenants) for this : subdivision. Applicant and the Legal Department shall comment on whether protective measures are necessary for the five (5) single family . lots proposed in Block 4. Adopt the Recommendations of the Fire Department as follows: 2.17 . Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.18 . No parl<.ing of vehicles or trailers in cul-de-sac. 2.19. All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Central District Health Department as follows: 2.20 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 8 2.21 Run-off is not to create a mosquito breeding problem. 2.22 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.23 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. Adopt the Recommendations of the Ada County Highway District as follows: 2.24: Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue 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. Allow up to --0 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2.25 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be located two feet within the new right- of-way of Fairview Avenue. Coordinate the location and elevation with District staff. 2.26' Construct Victoria Street within the subdivision as 40-foot street section with curb, gutter, and 5-foot wide concrete sidewalks within 58- feet of right-of-way. Transition the roadway to a 36-foot street section with curbs, gutters, and 5-foot wide concrete sidewalk where the roadway abuts residential lots. 2.27 - Provide a landscaped island within Victoria Street where the roadway transitions for commercial uses to separate the residential portion of the site from the commercial portion. The roadway around the island shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE tERRACE / (PP..OO..008) .. 9 ( be a minimum of 21-feet wide. The island shall be constructed a minimum of lO-feet wide and 50-feet in length. The landscape island shall be a separate lot owned and maintained by a homeowners association. Coordinate the design of the landscape island with District staff. 2.28 Provide an ACHD approved turnaround at the terminus of Teare Avenue with curbs, gutters, and sidewalks around the turnaround. 2.29 Locate driveways on Fairview Avenue as follows: . on Lot 2, Block 1, approximately 180- feet east of the west property line. Provide a recorded cross access easement between Lot 2 and 3, Blocl( I, for the use of this shared driveway to access Fairview Avenue. . . on Lot 4, Block 2, approximately 190-feet west of the east property line. Provide a recorded cross access easement between Lot 3 and 4, Block 2, for the use of this shared driveway to access Fairview Avenue. Construct driveways on Fairview Avenue 24 to 35-feet wide with 15- foot radii pavement tapers abutting the roadway. Paved the driveways their full width to a minimum of 30-feet from Fairview Avenue. Install a standard 30" by 30" STOP sign at any driveway intersection with Fairview Avenue. 2.30 Commercial driveways on Victoria Street shall be constructed as 24 to 35-feet curb cuts and located a minimum of 50-feet north of Fairview Avenue. Pave the driveways their full width to a minimum of 30-feet from Victoria Street. Install a standard 30" by 30" STOP sign at the driveway intersections with Victoria Street. 2.31 . Multi-family residential driveways on Victoria Street shall be constructed as 24 to 30-feet wide curb cuts. Pave the driveways their full width to a minimum of 30-feet from Victoria Street. Install a standard 30" by 30" STOP sign at the driveway intersections with Victoria Street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 10 / f 2.32 Provide a recorded cross access easement among Lots 1, 2 and 3 of Block 1, and among Lots 2, 3 and 4 of Block 2, for use to access Victoria Street prior to final plat approval. 2.33 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.34 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.35 Other than the access points specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the Pinal plat. o. Ii- By action of the City Council at its regular meeting held on the 5 - day of if~ ' 2000. By: 1-5 -(/f) ~R T D. GeRRIE !< e,:fA. !3/~t-t:U -:-Mayor, City of Meridian Ires/deht - (!JIcf COUPlc/C f3~ Copy served upon Applicant, the Planning and Zoning Department, Public W Dries Department and City Attorney. \.\\_\\\o\\~t~~~':fl'/1111 '\,\.\ ...J -r- WJCF{fj''' 11/ ,,,,, =,,' v4 )'~..... ~' () pJ>OtJA ~ ~ ~ 00 .Vf~ ~ ~ ~ 0 ~ - - ~ - Dated: 1-<0'-f) () ~ ~ By:' City Clerk msglZ:\Work\M\Meridian 1 5360M\Teare Terrace Agency AZ\FfCIsOrd.PP.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS FOR TEARE TERRACE / (PP-OO-008) - 11 ( ( \ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PANGAEA LAND PLANNING, THE APPLICATION FOR ANNEXATION AND ZONING OF 3.4 ACRES FOR PENN STATION APARTMENTS, LOCATED SOUTH OF FAIRVIEW AND WEST OF STONEHENGE WAY, MERIDIAN, IDAHO 06-26-00 ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OO-OII FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The ~bove entitled annexation and zoning application having come on for public hearing on June 20,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning-Administrator, appeared and testified, and the Applicant, Daren Flul(e, appeared arid testified, and appearing and testifying vvith cOlnments/concerns and or in opposition were: Laura Jones, Matthew Glencoe, and Ron McClaren, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the follovving Findings of Fact and Conclusions of Law, and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll) Order: FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for June 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having' been posted upon the property under consideration more than one weelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the l11atter having been duly considered by the City Council at the June 20,2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1. 3. . The City Council talces judicial notice of its zoning, subdivisiol1s al1d development ordinances codified at Titles II and 12, Meridian City Code, and all FINDINGS. OF PACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYPANGAEALAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-011) ( 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 a11d 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 3.4 acres in size and is located South of Fairview, west of Stonehenge Way. The property is designated as Penn Station Apartments. 5. The property is approximately 3.4 acres in size and is located South of Pairview, west of Stonehenge Way. The property is designated as Penn Station Apartme11ts. 6. The owner of record of the subject property is Centers Construction, Inc., of Meridian, Idaho. 7. Applicant is Pangaea Land Planning, of Boise, Idaho. 8. The property is presently zoned by Ada County as R-TIR-1, and consists of vacant land. 9. The Applicant requests the property be zoned as R-15. 10. The subject property is bordered to the south by R-8 single falnily dwellings, a!ld to the north and west by C-G and to the east by R-T and city limits of the City of Meridian are adjacent and abut to the north, south and west of the FINDINGS: OF PACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANN~XATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll) ( subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant proposes to develop the subject property in the following manner: 10 multi-family residential units containing 4 two-bedroom dwellings. 14. The Applicant requests zoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS' OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-O 11) ( 16.1 . Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. 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 W orl<.s Department. A variance not to tile Settlers Canal has been requested by the Applicant. 16.2 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. 16.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 16.4 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deeln what they feel necessary to operate and maintain the facility. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be tal<en into account, in order to FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll) assure the proposed development is designed, constructed, operated and maintained il). a manner which is harmonious and. appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium High Density Residential District (R-15) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Pla11 Generalized Land Use Map which designates the subject property as MixedJPlanned Use Development. 20. . The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OI1) 20.2: This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.5 . Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. 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 Idallo Code Section 50-222. The Meridian City Code S 11-16 provides the City may FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-011) 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 talce judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. > The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to malce provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that grovvth 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 distributiol1 of new housing units within the Urban Service Planning Area. 4.3 To encourage the lcind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS, OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll) the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Land Use Chapter 1.4U - Encourage new development which 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-O 11) / ( ( residential areas that contain the necessary parl<s, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood paries 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. 2.5U - Encourage compatible infill development that will improve existing neighborhoods. 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 comp~rable lot sizes to buffer the interface between the urban. level densities and rural residential densities. Natural Resources and Hazardous Areas 1.1 U - Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1 U - Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U - Man'age and prevent unsuitable uses along drainage ways and protect the flood plains of cr~el(s and drains. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-011) ( ( 5. The zoning of Medium High Density Residential District (R-15) is defined in the Zoning Ordinance at S 11-7 - 2 E as follows: (R-15) Medium High Density Residential District: The purpose of the R- 15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct acc~ss to a parl( or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development 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 pert~ins 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. FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Ol1) (- 10. . Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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's request for annexation and zoning of approximately 3.4 acres to Medium High Density Residential District (R-15) is granted subject to the terlTIS and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 3.4 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. FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII) 158. The l.egal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer 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: Adopt the Recomlnendations of the Planning and Zoning and Engineering staff as follows: 3.1 . Any eXIstIng irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. 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. A variance not to tile Settlers Canal has been requested by the Applicant. 3.2 Any existing domestic wells and/or septic systems within this project will . have to be removed from their dOlnestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 3.4 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deem what they feel necessary to operate and maintain the FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-O 11) ( : facility. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-15) Medium High Density Residential District, and Meridian City Code S 11-7-2 E. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W or1(s Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-011) ( ( NOTICE OF FINAL ACTION Plea$e ta]<e notice that this is a final action of the governing body of the City of Merid~an. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 5-/1.... day of J~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED$CC COUNCILMAN I<EITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED~ COUNCILMAN CHERIE McCANDLESS VOTED~- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 7-- 5 -Or) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYPANGAEALAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII) / ( MOTION: APPROVED~5 -@DDISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s Department and the City Attorney. By:d!~~~~ City Clerk jI Dated: '1- (!Y-{JO msg/Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\AZFfClsOrder.wpd E SEAL ; ~- & ~ ~ ~ .Vi.' ,Cll D 2 ~ ro~ ;Si 1~ ~ $' $ ~ -T. ~ ,,~l" "..... --.,. 'II rrV qv,' '1/ N. ,. \" 111 \\\ IJlliffU UlU\\\ FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYPANGAEALAND PLANNING FOR PENN STATION APARTMENTS (AZ-OO-011) BEFORE THE MERIDIAN CITY COUNCIL 06-22-00 IN THE MATTER OF THE ) APPLICATION OF ~BEZI ) GROUP, THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 24.89 ACRES FOR ) PROPOSED TEARE TERRACE, ) SUBDIVISION LOCATED AT ) THE SOUTHEAST 1/4, ) SOUTHWEST 1/4, SECTION 6, ) TO~SHIP 3 NORTH, RANGE ) 1 EAST, M'ERIDIAN, IDAHO ) ) Case No. AZ-OO-008 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 June 6, 2000, and continued until June 20,2000, at the hour of 7:30 p.m., ~nd Shari Stiles, Planning and Zoning Administrator, appeared and testified, an.d appearing and testifying on behalf of the Applicant was Gerald Martin, and the City Council having duly considered the evidence and the record in this matter therefore malces the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. . The notice of public hearing on the application for annexation and FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 6,2000, and continued until June 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public seIvice announcements; and the matter having been duly considered by the City Council at the June 6, 2000, and continued until June 20, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 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 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) ( 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 24.89 acres in size and is located on the north side of Fairview Ave., west of Locust Grove Road. The property is designated as Teare Terrace Subdivision. 5. The owner of record of the subject property is William Curtis, of Meridian, Idaho. 6. Applicant is Zambezi Group, of Caldwell, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant land. 8. The Applicant requests the property be zoned as CG, R-15 and R-8. 9. The subject property is bordered to the north by R-8 zoning, to the south C-G zoning, to the east and west R-8 and C-G zoning and city limits of the City of Me~idian are adjacent and abut to all sides 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. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 3 AND DEClSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) (- \ 12. The Applicant proposes to develop the subject property in the following manner: residential and commercial subdivision. 13. The Applicant requests zoning of the subject real property as CG, R-15 and R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 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 governmen(al 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 the Planning and Zoning and Engineering Departments as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) ( 15.3 Off-street parl<.ing shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 15.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 15.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 15.6, Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordi~ance Section II-13-4.C. and 12-5-2.M. 15.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 15.8 - Provide five-foot-wide sidewalks in accordance with City Ordinance (Grd. 12-5-2.IC). 15. 9 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.10 The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 15.11 The C-G zone for Lot I, Block 2, immediately south of the R-8 blocl( is not acceptable. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. A lower-intensity zone of Neighborhood Commercial (C-N) for this lot, shall be required. FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECtSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) 15.12 The majority of commercial uses that would serve the area . neighborhoods (i.e. banks, laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in , both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. The down-zoned C-N is a more appropriate zone for this location. The Development Agreement shall prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 15.13 The R-15 zoning has been approved for Lot 1, Bloclc 3 (apartment complex), any future development shall be submitted as a Planned Development per Ord. 11-4-7, which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. 15.14 The following sign conditions shall be attached to this property in the Development Agreement: . The Applicant shall be permitted either one (1) free-standing s~gn per lot with a maximum of 72 sq. ft. per sign (including the sign base) for the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi- tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. . No sign along Fairview Avenue shall be within a clear vision sight triangle. . All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. . All signage shall be coordinated to provide a consistent and uniform theme throughout the subdivision. 15.15 Hours of Operation: No details of hours of operation for the commercial lots are provided. All future commercial uses immediately adjacent to FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) / i existing residential uses shall be limited to hours of operation which comply with the City's noise ordinance. 15.16 Applicant shall be required to enter into a Development Agreement with . the City as a condition of annexation The Planning and Zoning Commission further recommend: 15.1 7 Lot I Bloclc I shall be required to have a conditional use permit. The City Council added the following recommendation at their June 20,2000, meeting as follows: 15.18 The Applicant shall be required to have a 35' landscape setbaclc on Fairview. 16. It is found that if the developer pays for the requested improvements and compli~s 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 talcen into account, in order to assure the p.roposed 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 FINDINGS; OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) ( neighboring uses, particularly considering the impact of proposed development on potential to: produce excessive traffic, noise, smol(e, fumes, glare and odors. 18. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8), requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map w~ich designates the subject property as MixedIPlanned Use Developlnent. 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. FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECI:SION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) 19.4. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 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 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 ~nnexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code. Section 50-222. The Meridian City Code S 11-16 provides the City may a11nex real property that is within the Meridian Urban Service Planning Area as set forth in the: City's Comprehensive Plan. 2. The Council may talce judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANN~XATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) { I. 3. . The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code. by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. . The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to mal(e 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 ldnd 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 FINDINGS. OF PACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) ( Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 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. Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) Economic Development Chapter 1.1 The City of Meridian shall malce every effort to create a positive atmosphere that encourages. . . commercial enterprises to locate in Meridian. 1.3 The character, site 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 Chapter 1.4U - Encourage new development which 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. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 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 commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) ( Open Spac~.. Par](s and Recreation 2.5U - New subdivision development. . .will be considered as opportunities to. . .encourage the development of recreational open spaces and parIes as part of new planned developments. 3.1 - To establish a networl< of open space corridors that are either improved (landscaped), semi-improved (landscaped pathway only), or unimproved (left natural), which have the potential to: a) Playa major role in conserving area scenic and natural values, especially waterways, drainage ways, and natural habitat; b) Lin1< residential neighborhoods, parl( areas and recreation facilities. 3.4U - Through subdivision review, annexation, and zoning, emphasize the establishment of connecting trails and open space networl<s. Housing Chapter 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. 1.4 - The development of housing for all income groups close to employment and shopping centers should 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. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.13U - Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; b. Development of uses other than single-family structures are compatible ~ with surrounding development; c. . It complies with the updated Comprehensive Plan. FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TEJplACE / (AZ-OO-008) ( 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and parle facilities, and near major access thoroughfares. Community Design Chapter 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 designations that reflect the character of existing neighborhoods. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The requested zonings of General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-.15) and Medium Density Residential District (R-8) are defined in the Zoning Ordinance at SS 11-7-2 Ie, 11-7-2 H, 11-7-2 E and 11-2-7 D as follows: (C-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need' of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. (C-N) Neighborhood Business District: The purpose of the C-N District is to perm~t the establishment of small scale convenience business uses which are inten:ded to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to en~ourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) resid~ntial districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. (R-15) Medium High Density Residential District: The purpose of the R- 15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condomini urns. (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 densi:ty 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 Gity is required. 6. : By authority of the City of Meridian under the Comprehensive Plan, a conditional.use permit is required for Applicant to construct and develop residential and commercial subdivision on this parcel of land. 7 . Since the annexation and zoning of land is a legislative function, the City has au~hority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1 983). 8. The development of the annexed land, if annexed, shall meet and comply with the Or~inances of the City of Meridian including, but not limited to: Section 12- FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TE~CE / (AZ-OO-008) ( 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 tal<e effect upon the adoption of the ordinance anne~ng and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each -other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDING~ 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 FINDINGS; OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) ( 24.89 acres~to General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 24.89 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. Developer 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 d.e-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) Zoning and Development Ordinance (Ord. 11-13). 3.4 Paving and striping shall be in accordance with the standards set forth in . the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 3.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 3.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14) . No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.1(). 3. 9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 3.11 The C-G zone for Lot 1, Block 2, immediately south of the R-8 block is not acceptable. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. A lower-intensity zone of Neighborhood Commercial (C-N) for this lot, shall be required. 3.12 The majority of commercial uses that would serve the area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) ; neighborhoods (i.e. banl(s, laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, trucl( stops, heavy equipment sales and auto sales lots. The down- zoned C-N is a more appropriate zone for this location. The Development Agreement shall prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 3.13 The R-15 zoning has been approved for Lot 1, Block 3 (apartment complex), any future development shall be submitted as a Planned Development per Ord. 11-4-7 , which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. 3.14 The following sign conditions shall be attached to this property in the Development Agreement: . The Applicant shall be permitted either one (1) free-standing sign per lot with a maximum of 72 sq. ft. per sign (including the sign base) for the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi- tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. . No sign along Fairview Avenue shall be within a clear vision sight triangle. . All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. . All signage shall be coordinated to provide a consistent and uniform theme throughout the subdivision. 3.15' Hours of Operation: No details of hours of operation for the commercial lots are provided. All future commercial uses immediately adjacent to existing residential uses shall be limited to hours of operation which FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) comply with the City's noise ordinance. 3.16 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation 3.17 Lot 1 Blocl( 1 shall be required to have a conditional use permit. 3.18 The Applicant shall be required to have a 35' landscape setbacl( on Fairview. 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 General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8), Meridian City Code ss 11-7-2 1(, 11-7-2 H, 11-7-2 E and 11-2-7 D. 5. . Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public W orl(s Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -65 21 an affected person is a person who has an inte~est in real property which may be adversely affected by the issuance or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) 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. By action of the City Council at its regular meeting held on the -~A ~ -- day of T~ ~ ~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ VOTED .--- VOTED$'-../ VOTED ~ COUNCILMAN I<EITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 7-- 5- OD VOTED --- MOTION: APPROVED~ 7-sv~SAPPROVED: Copy serve~ upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJ/~~~~ City ClerIc Dated: l./~----tJiJ SEAL. ~ ~- ~ ~ ~ ~ ~ j1Po. t~-:'\~ --r ~ ~ $ y v v I 15, · ..... '/.,--~ .. ~ "" ""~" ~ (,blJ:l.""""" ~ \.\.",,,, /:11; i" t , · \\\\\ IJIIl;:t lt~U \\\ msg/Z:\Work\M\Meridian I 5360:M\Teare Terrace Agency AZ\AZFfClsOrder.wpd FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-OO-008) BEFORE THE MERIDIAN CITY COUNCIL 06-21-00 IN THE lV1A TIER 0 F THE ) APPLICATION OF DEAN-NE ) YOUNG, FOR A CONDITIONAL ) USE PERMIT FOR _A GROUP DAY ) CARE FOR 6-12 CHILDREN, ) LOCATED AT 2176 E. ) LOCHMEADOW COURT, ) MERIDIAN, IDAHO ) ) Case No. CUp..OO..021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TIle above e11titled C011ditio11alllse per11lit applicati011I1avillg C01lle before tIle City COllllCil 011 Jll11e 6, 2000, alld C011ti11l1ed lllltil ]lllle 20, 2000, a11d SIlali Stiles, Plaru1ing and Z011il1g Adl1lin.istrator, appeared 31ld testified at tIle 11earillg, al1d tIle Applica11t, Deall11e Y o ll11g , appeared a11d testified, alld 110 011e appearil1g ill oppositiofl, alld tIle City COlII1Cil havillg received tIle staff report alld tIle record l11ade before tIle Plal111il1g a11d Zonillg C0111111issioll, alld beirlg flllly advised ill tIle prel1lises, tIle COllllCil fillds and COl1cllldes as follo\vs: FINDINGS OF FACT 1. A 110tice of a pllblic 11earillg 011 tIle COllditiollalllse pell1Iit was pllblisIled for t\\'O (2) COllsecllti\!e \veek~s prior to tIle saicl pllblic I1earillg scl1edllled for ]llIIe 20, 2000, before tIle City COllllCil, tIle first pllblicatiorl appearillg a1Id \Vlittell11otice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DAYCARE (CUP-OO-021) - 11avillg beell111ailed to property O\\.11ers or p1..1rcllasers of record vvitllin tlu"ee hluldred feet (300') of tIle ~xterllal bOll11dalles of tIle property llllder COl1sideratioll111ore tIlan fifteel1 (15) days prior to said l1earil1g a11d "vitIl tILe Ilotice of plIblic l1ealillgs 11aving beel1 posted llpOll tIle propert)f llllder COllsideratio11 1110re t11a11 aIle \veel, before said 11ealing aJ.ld tIle copies of allllotices \lvere 111ade available to 11e\VSpaper, radio al1d televisiol1 stations as pllblic service anllol11lcell1e11ts; alld tIle 111atter 11avi11g beell. dllIy COllsidered by tIle City COllllCil at tIle said Jlllle 20, 2000, pllblic l1earillg; alld tIle Applicallt, affected property OWllers, and governl11ellt SllbdivisiollS providillg services ,;vitIlill tIle plall1ullg jlllisdictioll of tIle City of Meridian, Ilavillg beell give11 Ellll opportl111ity to express COll1111el1ts and S1..1bll1it evidellce. 2. TI1ere l1as beell COlllpHallce \vitIl allllotice alld llealillg reqllirel1lellts set fortIl ill Idallo Code 9967-6509 arlci 67-6512; alld Meridiall City Code 9~ 11-15-5 a11d 11-17 -5 as evideI1ced by tI1e Affida\rit of Maili11g, a11d tIle Affidavit of Pllblicatioll and Proof of Postillg filed \I\rjtll tIle staff report. 3. COll11Cil tal,es jlldicialllotice of its ZOllillg, Sllbdivisioll alld Developl11el1t Ordil1alIces codified at Meridia11 City Code Title II aIId Title 12 al1d all cl.Jrrent ZOllil1g l11aps tllereof al1d tIle COl11preIlellsive Plall of tIle City of Meridial1 adopted Decel1lber 21, 1993 Ordilla11ce #629 - Ja11llar~v 4, 1 994 alld Maps alld tIle OrdillaJ.lce establisl1il1g tl1e Ill1pact Area BOlllldalY Ordilla11ce alld Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DAYCARE (CUP-OO-021) - 2 ( (- 4. Tile propert)f is located at 21 76 E. Locll11leadoyv COllrt, Melidiall, Ida11o. 5. Tile O\\'ller of record of th.e sllbject property is Deanne YOllllg of Meridia11. 6. Applicallt is O\~'ller of record. 7. Tile sllbject prOpel~)f is cllrrelltl)r z011ed R-8. TIle ZOlli11g distlict of R-8 is defilled \vitllill tIle City of Meridiall ZOllillg arld Developl11ellt Ordi11a11ce, Sectio11 11-7-2D. 8. TIle proposed applicatioll reqllests a C011ditiollalllse pe111ut for a cluld day care cellteI'. TIle R-8 ZOllillg design.atioll \vitlli11 tIle City of Melidian Zoning al1d Develop11lellt Ordi11arlce reqLlires a COllditio11alllse per111it be obtai11ed for nlost llses illCltldi11g tllose reqllested by tIle Applica11t. (Meridiall City ZOllillg a11d Developnlent Ordilla11ce, Sectiorl 11-8- I ). 9. ~rlle Melidiall Ci t)' COllllCil recogllizes tllat tIle proposed applicatioll is ill C0111pliallce \vitl1 tIle Meridiall COITlpreIlellSi\fe Plall. 10. TIle LIse proposed \vitllill tIle sllbject applicatioll ,viII il1 fact, C011stitllte a COllditio11alllse as deter111i11ed by City Ordillallce. 11. Tl1at t11e Applica11t, Deall11e Y Otlllg, O\V11er of tl1e property, is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA YCARE (ClJP-OO-02 1) - :3 ( granted a conditional use permit for a group day care home for 6-12 children, located at 2176 Loc11111eado\" COllrt, Meridiall, Ida11o. TIle reqllested C011ditio11alllse is desclibed i11 tI1e attacIled Exllibit ((A" COllsistirtg of t\VO pages) for tIle develop111e11t of tIle aforellle11tio11ed project alld "VllicIl propert~r is described llereillbelovv to-\I\rit: Lot 25 i11 Bloclc 9 of Cllateall Nleado\vs East No.8) accordillg to tIle official plat tIlereof, filed ill Boole 60 of Plat.s at Page 6023; a111e11ded by affidavit recorded Novelllber 3, 1992, as Illstrl1l11erlt No. 9275865, alld Ellrtller alllellded by affidavit recorded Novel11ber 24) 1992) as Illstr1.J111e11t No. 9281560, official records of Ada COllllty, Idallo. COll111l011 address IG10\;Vll as 21 76 E. Locll111eado\-v COlIlt, Melidial1, Idal1o. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of MeIidian planning jurisdiction, public facilities and services required by the proposed development will not impose eArpense upon the public if the following conditions of development are imposed and the following is also found to be req Llired to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning j1.uisdiction of the City of Melidian. 12.A C011ditiollS reqllested b;.T t11e Cit;.f of Meridiall's Planl1er, CIlristy Ricllardsoll, for tIle Plall11illg alld ZOlli11g Depart111el1t, ,vit11il11ler Me111oralldl1l11 datecl April 26) 2000) be reqllired as follo\ivs: Adopt the Recommendations of the Planning and Zoning Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA \tV AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1v1IT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA YCARE (CUP-OU-021) - 4 12.1 Applicallt sllall pro\fide a l11illi111l1111 of OIle (I) off-street parldllg space per e111p10)fee of tIle day care alld adeqllate off-street loadillg1l11l1oaclillg areas for cllildrell. As lOIlg as tIle garage is lltilized, tIle IS-foot dri\re\va:.f S110\V11 011 tIle plall 111a)' accol11111odate tllis reqllirel11ellt. (See Sectio11 11-9-4 of tIle City of Meridiall Zorullg alld Develop111ellt Ordillallce.) 12.2 No sigIlage l1as beell Sllb111itted as part of tl1is applicatioll, a11d 11011e is per111itted. 12.3 Sanjtar~v se\ver 31ld \vater to tllis facility s11al1 be via existillg service lilles. PlaI1S for se\\'er arld \vater service sl1a11 be re\rie\i\led to see if tIle addi tioItalload \ vOltld j llsti(\f aclcli tiollal asseSSlllellts. Applical1t 511a11 provide a11Y illfof111atioll \\ritl1 regard to allticipated 'i\rater dell1and. Applicallt sllal1 be rec1lIired to ellter i11to all AsseSS111ellt AgreeI1lellt \~ritll tIle Cit)f of Meridial1 prior to operatioll. 12.4 A Certificate of OcclLpallc~v is reqllired for t11e daycare prior to operatioIl. 12.5 All\T olltdoor tras11 areas s11all be screelled. 12.6 TIle Grollp Day Care HOl11e s}lallllot adversely i111pact SllIT.Ol1l1di11g properties dl.le to Cllilclrell' s 11oise, traffic alld otller activities. 12.7 Applicallt sl1a11 seCl.u~e alld l11aill taill a cllildcare licellse froll1 tIle ldallo State Depart111C'llt of Healtl1 alld V\!elfare-Cllild Care Licellsil1g Di\fisio11. Applic311t sl1a11 pro\fide cop~v of licellse to tIle City of Ivleridiall prior to begill11illg operatioll. Operator's licellse sl1a11 be Oll-si te for Ci t~v irlS pecti 011 at all tillles. 12.8 Applicallt s11al1 ellSl1re t11at ill1111 Llllizatiol1 of all cl1ildrell is verified plior to acCelJtallce illtO prograll1. 12.9 Applicallt s11al1 pro\ride for screerlil1g of adjacellt properties to protect c11ildrell froll1 ad\,ferse i111pacts alld to provide a bllffer betv\'eell properties. FINDINGS OF FACT AND CONCLUSIONS OF LA \1\1 AND DECISION AND ORDER C-RAN-TINC CONDI"-rIONAL USE PERlvlIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DAYCARE (ClJP-OO-OL J) - 5 12.10 12.11 12.12 12.13 ( Applicallt sllall provide for a solid fellce of appropliate IleigIlt/ COl1strLIctiol1 (6- foot recol11111ellded), to ellclose olltside play areas. Tllere is cLIrrelltl;-! a 6-foot 11igIl solid fellce cOllstr11cted arollnd tIle pel;111eter of tlte propert~r. A COIl.Crete patio is 5110\\11 011 tIle site plal1 ill tIle rear yard. Tllis area Sl10ldd be \\'elI111ailltairled al1e1 free of allY potelltialllazards to clliIdrel1. If tIle COllditiollaI Use Pernlit is appro\red, Applicallt is to sclledllle all appoil1tl11el1t \\ritll tIle Meridiarl Fire Depart11lellt for i11spectio11 prior to operatillg. Operatiol1 of clayrcare vvitl10l1t proper approvals \\rill reslllt ill re\focation. of COllditio11alLlse perl11it. Applicallt 111l1St l(eep all olltside pla)T areas free of ll0xiollS ,:veeds. Adopt tIle Recol11111elldatiollS of tile Fire DepartI11ellt as folloyvs: 12.14 All codes \villlleeel to be Illet. Adopt tIle Reco111111elldatiollS of tIle Cel1trall~istrict Healt11 Departl11ellt as follo\ivs: 12.15 Depelldillg 011 tIle l1Lllllber of cIlildrell proposed tIle daycare l11a}T l1ave to be licel1sed b\f State of Idalio. Adopt tIle Reco111111elldatio11S of Sallitar)f Services as fo11o\\-'s: 12.16 TIle applical1t S11311 appl~r for C0111111ercial call rate ser\Tice ratIler tllall residelltial. Adopt tIle Ada COllllt}' Hig11\:va}T District's Recol1111lelldatiolls as fol10,,\'s: 12.1 7 All fLIt LIre desigll plaI1S 311d cOllstrLlctioll slla11 be ill accordance ,vitIl tIle Ada COllllt}! I-ligll\\'3:'-f District Polic~v Malll1al, ISPWC Stalldards aIld approved sllppleIl1ellts, C011strlIctio11 Ser\rices procedlIres ar1d all applicable ACHD Orclillan.ces l1l11ess specificall~.r \vaived ill \vritillg by tIle District. FINDINGS OF FACT AND CONCL.USIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlv1IT SUBJECT TO CONDfTIONS DEANNE YOUNG / GROUP DA yeARE (CUP-OO-02 .l ) - 6 ( 13. TIle proposed Lise \vitIlill tIle slIbject applicatiofl \lvi11 be l1all11011iollS \vitll al1d ill accordallce \VitJl tIle Meridiall COll1preIlellsive Plall alld tIle City of Meridiall ZOllillg alld Develop111ellt Orclillallce. 14. TIl.e Llses proposed \vitllil1 tIle sllbject applicatioll yvjJI be sllbject to tIle conditio11S set fortIl. ill Fil1dillg of Fact No. 12 311d \,vill be desigl1ed, COl1stI11cted, operated a11d l11ailltailled to be l1al111011jolls 311d appropriate ill. appearallce or illte11ded cllaracter of tIl.e gelleral vicir\i t:l alld tIla t SlICIl. llses \ villll0t cIlallge tIle illtel1ded essel1tiaI cIlaracter of tIle sa111e area. 15. TIl.e llses proposed \vitllill. tIle sllbject applicatioll. \villllot be IlazardollS or distlIrbil1g to existillg or flltllre l1eigllborillg LIses. 16. TIle llses proposecl \vitllill tIle sLlbject applicatioll \;vill be selved adeqllately by ce11tral pllblic facilities arld services 5Llell as lligll\~fays, streets, police aJld fire protectio11, clraill.age strllctLlres, refllse disposaL'\'8 teI', alld se\ver. 17. TIle applicarlt lIas agreecl to pa~! all~! adclitiollal seyver1 vvater or trasll fees or cllarges1 if all.:! associated \\fitll tIle l1se. 18. TIle lIses proposed \\ritllill tll.e sllbject applicatio11 ,;villll0t involve llses, activities, processes, l11aterials1 eqllipllle11t all.d COll.ditio11S of operatioll tI1at \vilI be detril11elltal to all.~! perso11s, propert)! or tIle gen.eral \-velfare by reaSOll of excessive prodllctioll of traffic, 11oise1 S111olce1 fl1l1l.eS1 glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LA\i\f AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvIIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA yeARE (CUP-OO-U2 1) - i 19. TIle developlllellt \villll0t resLllt ill tIle destrllctioll, loss or dalllage of 11atllral or scenic featllre of 111ajor ill1portallce relatillg to tIle property. CONCLUSIONS OF LAW 1. Idallo Code ~ 67- 65 1 2 pro\,ides ill part tlla t: (A) As part of a ZOllillg orclil131lce tIle Cit~v COLlllciIlllay provide for tIle processillg of applicatiollS for special or COllditiollalllse perll1its; aJ.ld (B) Tllat a special Lise perllli t l11ay be grallted to all applicallt if tIle proposed llse is otller\\~Se prollibited by tIle terll1S of tIle ZOllillg ordillallce, bllt 111av be allo\ved \\ritll COllditiollS Llllder specific provisiol1S of tIle ZOllillg ordillallce, slIbject to tIle ability of political SLlbdivisiollS, illCllldillg sello01 distllCtS, to provide services for tIle proposed LIse, alld \'Vllell it is Il0t ill COllflict V\,rjtIl tIle plall; alId (C) Tllat lIpafl tIle grCllltillg of a specialllse perlllit, eOllditiollS ILIa)! be attaclled to a specialllse perll1it, illCllldillg, bllt 110t lill1ited to, tllose: 1 ) Mi1Iilllizillg acl\/erse illlpact 011 otller cie\relOpll1ellt; 2) COlltrolliIlg Llle seqllellce alld tilllillg of developl11ellt; 3) COlltrollillg tIle dllratioll of de\relop111ellt; 4) Assllrillg tIlat de\relopl11ellt is 111ailltailled properly; 5) Desigllatillg tIle ~xact locatioll al1d l1atl..lre of develop111el1t; reqllirillg tIle provisioll for all-site or off-site pllblic facilities or ser\rices; reqllirillg 11lore restrictive stalldards tllall tllose ger,erall:r reqllirecl ill all orclinallce; reqltirin.g l11itigatioll of effects of tIle proposed cleve1opll1er,t lIpOll service delivery by all~r poli tical SLlbcli\risiOll, in.cllldillg sel1001 districts, providillg services \\ritllill tIle plall11illg jLlrisdietiorl. FINDINGS OF FACT AND CONCLUSIONS OF LA \/V AND DECISION AND ORDER GRANTING CONDITION.AL USE PERlvIIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA YCARE (CUP-OO-021) - 8 2. T11e City of !vleridiarl 1I.3S exercisecl its 3l1t11ority to pro\!ide for tIle processi11g of applicatiolls for C011ditiollal Use Per11lits by tIle ellactIllellt of Meridian City Code S 11- 1 7. 3. IdalIo Code S 67-6504 pro\!ides tllat tIle City COLlllcillllay exercise all of tIle pO\iVerS reqLlired arl(1 aLltllorized b~r Cl13lJter 65 of Title 67 1c1a110 Code \~rIlicll Act is IG10\Vl1 as tIle ((Local Lalld Use Plarlllillg Act ()f 197.5.n 4. TIlt Cit~r of Meridian l1as C'llactC'cl tIle COlll}JrellellSi\/e Plall City of Meridiall adopted Decell1ber 21, 1993, Ordillarlce No. 629, Jallt12ry 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE [JERMIT' SUBJECT TO CONDITIONS NOW, THE.REFORE, BASED UPON rrI-IE ABOVE AND FOREGOING FINDINGS OF FAcrl~ AND CONCLUSIONS OF LAW, tIle City COLulcil does Ilereb)T ORDER alld tllis does Order t1lat: I. Tllat tlle Applicallt, Deall11c .Y Olulg, O\Vller of tIle property, is grallted a COl1.ditiollal Llse pern-dt for 3 grolqJ da:" C;lrc IHJllle for 6-12 Cllilclrell, located at 2176 E.. Locll11leado\\f COllrt, 1\ileridiall, Idallo. ~-rlle reqllestecl COllclitiollalllse is described if1 tIle attacIled Exl1ibit "An COllSistillg of t\VO pages, for tIle cle\relopl1lellt of tIle aforell1elltio11ed projects a11d \iVIlicll property is describecll1.ereillbelo\v to-\\rit: Lot 25 ill Block. 9 of Cllateall rvleaclo\\'s East No.8, accordillg to tIle official plat tIlereof, filed ill Book. 60 of Plats at Page 6023; 311lellded by affidavit recorded Nove11lber 3, 1992, as Il1.strl1l1lellt No. 9275865, alld fllltIler all1e11ded by FINDINGS OF FACT AND CONCLUSIONS OF LAv.V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvIIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA YCARE (CUP-UU-U2 I) - C) affidavit recorded Nove111ber 24, 1992, as Illstrl1l11elit No. 9281560, official records of Ada COllllty, Idalio. COll1lll011 address IG10\Vl1 as 2 1 7 6 E.. LochJl1eado\v COllIt, Meridia11, Idallo. 2. TIle applicaIlt is gran.ted a COllc1itiollalllse pernlit for 311d sllbject to tIle follo\\rillg ter111S al1d C011ditiollS: 2.1 Applic311t sl1a11 pro\ride a lllillill1Lll11 of OIle (1) off-street parl(il1g space per el1lployee of tIle da:.T care 311d 8(leqll3te off-street loacliI1g1l1111oading areas for elli1drerl. As lOllg as tile garage is Lltilizecl, tIle I8-foot dri\fe\Vay S110"'/11 011 tIle plall I11ay accoll1111oclate t11is reqllirenlellt. (See Seetio11 11-9-4 of tIle City of Meridiall ZOllillg allel Developll1ellt Ordilla11ce.) 2.2 No sig11age 11as beell Sllblllittecl as part of tllis app1icatio11, al1d 11011e is per11li t ted. 2.3 Salli tar~\,r Sf\ ver anc1 \ va ter t() tI1 i s faci Ii t}f sll<111 be \fi a existillg seI\Tice li11es. Plal1S for se\ver 311d \vater service s11a11 be re\rie\ved to see if tIle additiollal load \vocIlel jllStif;l additiol1al asseSSlllel1ts. Applieal1t s11a11 provide allY i11forl11atiol1 \-,ritI1 regard to allticipateli \vater del1lallcL App1ica11t s11a11 be reqltirecl to ellter illto all J\sseSSlllellt A.gree11lellt \vitll tIle City of Meridiall prior to operatioll. 2.4 A Certifj ca te of OCCllpallc~r is reg cljrecl for tl"le cla~rcare prior to operatio11. 2.5 AllV olltdoor tras11 areas s11a11 be screerlecl. 2.6 TIle Grollp Day Care H0111e sllall110t acl\'ersel~f i111pact SllITOlllldi11g properties dlle to cllildrell' S lloise) traffic 311d otller activities. 2.7 Applieal1t s1l.a11 seelll~e 21ld 111ailltairl a cllildcare licerlse froll1 tIle Idallo State Depa11.l11ellt of Healt11 alld 'v\/ elfare-Cllilcl Care Lieellsillg Divisioll. Applicarlt s11a11 pro\lide C01):' of licerlse to tIle City of tvleridiall prior to begill11illg operatioll. Operator's licellse 511311 be OIL-site for Cityf illspectiol1 at all ti11les. FINDINGS OF FACT AND CONCLUSIONS OF LA.vV AND DECISION AND ORDER GRANTING CONDITIONAL USE PEIUvlIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROlJP D.A YCARE (CUP-UU-021) - lO 2.8 Applicant shall ensure that imnLUnization of all children is verified plior to acceptallce i11tO progra111. 2.9 Applicallt sl1all pro\ride for scree11in.g of adjacellt properties to protect cllildrel1 frol11 ad\rerse i111pacts al1el to proviele a bl.lffer bet\iVeel1 properties. 2.10 Applicallt s11al1 provide for a solid Fellce of appropriate l1eiglltl cOl1strLlctio11 (6-foot recol11111ellded), to el1close olltside play areas. Tllere is cllrrel1tIy a 6- foot 11igIl solid fellce COI1strllctecl arolllld tI1e pelil1leter of tIle property. 2.11 A COllcrete patio is S110\\'11 on ti1e site plall ill tI1e rear yard. Tllis area slloltld be \Velllllail1taillC'cl 31Lel free of arl~f poterltiall13zards to clliIdrell. 2.12 If tIle COllditiollal Use Pernlit is appro\fecl, Applicallt is to sclledllle all appoillt11lellt \t\ritIl tIle Meridian f'ire Depart111erlt for illspectioll prior to operating. Operation of daycare without proper approvals will result in re\TOcatioll of COlldi ti ollal LtSe perll1i t. 2..13 ApIJIical1t I1l1Jst l(eep all olJtside IJld}f areas free of 110xiollS \veeds. 2.14 All codes \,'illl1eed to be l11et. 2.15 Depending on the number of children proposed the daycare may have to be Iicellsed LJ\f State of 1e18110. 2.16 Th.e ap~)1ical1t s11a11 81JpIy for C0111L11crcia1 can rate service ratller tllarl resiclerlti a1. 2.17 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Ivlanual, lSPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordillarlces ltl1Iess specificall}f \\'ai\.recl 111 \vritil1g by! tIle Distlict. 3. Tl1at tIle City Attorl1e~r draft all Orcler Grarltillg COllditiollal Use Per111it FINDINGS OF FACT AND CONCLUSIONS OF LA\:V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvlIT SUBJECT TO CONDITIONS DEANNE YOUN-C / CROUP DAYCARE (CLJP-UO-U21) - 11 ( in accordance with this Decision, vvhich shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Departm,ent and City Attorney and any affected party reqllested 11otice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67 -6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may \\~thin twenty-eight (28) days after the date of this decision and order seek a judicial review as provided bv Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 5 +!!- day of Jtdff 7 2000. ROLL CALL COUNCILNIAN ANDERSON VOTED$Vl.- COLJNCILN1AN BIRD VOTED COUNCILPERSON deWEERD VOTED$- a- FINDINGS OF FACT AND CONCLUSIONS OF LAV\l AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\IIT SUBJECT TO CONDITIONS DEANNE YOUNG / GROUP DA YC,ARE (CUP-OO-021) - l2 COUNCILNlAN McCANDLE.SS VOTED --$ tL.- MAYOR ROBERT D. CORRIE. (TIE BREAICER) DATED: 7-S-00 VOTED MOTION: APPROVED:~"6vg'6 DISAPPRO\1ED: Copy served lIpOl1 Applical1t, t11e Plan.lLillg 311d ZOllirlg Departlllellt, Pllblic Worl(S Departl11ellt alld Cit~/ Attorne~f. Dated: 7-~~OO By: City ClerI( lllBgfZ:\\tVorkWI\JVleIidiall 1 5 '3 00 t\l1\Young Dl'rlllllC CLIP C;roup Lbv Carc\C:l f!)}:fCb{JrdDec FINDINGS OF FACT AND CONCLUSIONS OF LA\'V AND DECISION AND ORDER GRANTINC CONDITIONAL USE PERlvlIT SUBJECT TO CONOI'TIONS DEANNE YOUNG / CROUP DAYCARE (ClJP-UU-U21) - 1:3 I ~{\~Ir l ,-ri \ i /^r-rJ L I '\. 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I I, - j ..-..j-'. ;-- ~ _ . _ J ( BEFORE THE ME.RIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) DEANNE YOUNG, FOR A CONDITIONAL USE) PERMIT FORA GROUP DAY CARE FOR ) 6-12 CHILDREN} LOCATED AT 2176 E. ) LOCHMEADOW COURT} MERIDIAN, IDAHO) ) ) ) CASE NO. CUP-OO-021 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT T11is nlatter COlll.illg before tile Cit~r COL1l1Cil 011. tIle 5tIl day of Jllly, 2000, for fil1al actiol1 011 COl1ditiollalllse perl11it applicatiorl allcl tIle COll11cilllavillg received alld approvi11g tIle recOll1111.erldatioll of tI-te Plall11illg 311d ZOllillg COll111lissioll tIle COllncil tal(es tIle folIo\vil1g actiol1: 1. TI1at tIle Applicarlt, Deall11e Y Gllllg, O\V11er of tIle property, is grallted a COllditio11alllse perlllit for a grollp da~T care 11011le for 6-12 cllildren, located at 2176 E. Locll11leadov\r COllrt, Meridiall, ldallo. T11e reqllested COllditio11alllse is described ill. tIle attaclled Ex11ibit "A" COllsisti11g of t\VO pages, for t11e develop11lellt of tI1e afore111e11tio11ed projects ar1d V\fIlicll property is described 11ereillbelo\v to-\vit: Lot 25 in Block~ 9 of CllateaLl Meado\\'s East :No. S, accordillg to tIle official plat tllereof, filed ill Bool( 60 of Plats at Page 6023; a111el1ded by affidavit recorded Novelllber 3, 1992, as 111strllll1el1t No. 9275865, alld fllrtller a11lellded by affidavit recorded Nove111ber 24, 1992, as Il1strl1l11ellt No. 9281560, official records of Ada COlll1ty, Idallo. COI11111011 address lal0\Vl1 as 21 76 E. Locll111eado\v COlllt, Meridiall, Idallo. ORDER OF CONDITIONAL AFPROY AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 DEANNE YOUNG - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-021) 2. TIlat tIle above 1l.al11ed applicartt is graI1ted a cortditio11alllse perl11it for a grollp day care Ilo11le for 6-12 cllildre11, located at 21 76 E. Loc11111eado\iv COlIlt, Melidia11, Idaho, sllbject to tIle follo\villg COl1ditiollS of llse al1d developnlellt: 2.1 Applicallt sI1all provide a 11lillill111111 of OIle (I) off-street parldllg space per ell1plo)Tee of tIle da~v care al1d adeqllate off-street 10adillg/l111loadi11g areas for clliIdrell. As lOllg as tIle garage is lltiIized, tIle I8-foot drive\i\!ay Sl10\V11 011 t11e IJlal1 1113)! aCC01111110date tllis reqllirell1erlt. (See Sectioll 11- 9-4 of tIle City of Meridi 111 ZOllillg alld De\Teloplllellt Ordillallce.) 2.2 No sigllage 11as beel1 Sllbll1itted as part of tI1is applicatiol1J al1d l1011e is pell1litted. 2.3 Sallitary se\ver al1d \vater to tllis facility sl1alI be via existillg service lilles. Plal1S for se\ver arId \vater service s11311 be revie\ved to see if tIle additiol1alload \,\'ollld jllstify additiol1aI asseSSlllellts. Applica11t sIlal1 provide all)! illforll1atio11 ,"vitI1 regard to allticipated \Ivater dell1alld. Applicallt sllall be reqllired to el1ter illto all Assessl11ellt Agree11lellt \vitll tIle City! of Meridiall prior to operatiol1, 2.4 A Certificate of Occllpal1c}f is reqllired for tIle daycare prior to operatiorl. 2.5 ful\T olltdoor trasIl areas s11211 be scree11ed. 2.6 TIle Grollp Da)f Care H 0111e s11all 110t ad\fersely il11 pact SllIT'Oll11di11g properties dlle to cllildrell' S 110ise 1 traffic al1d otller activities. 2.7 Applical1t sl1all seCllre a11d l11ailltail1 a cl1ildcare licellse frol11 t11e Idallo State Departl11el1t of Healtl1 al1d Welfare-Cl1ild Care Licel1sillg Oivisioll. Applical1t sIlall pro\/ide copy of licel1se to tIle Cit)T of Meridial1 plioI' to begill11illg operatioll. Operator's licellse sllall be OIL-site for City illspectiol1 at all til1les. 2.8 App1icall t sl1a11 el1Sllre tI13 t i 11l11ll11lizatioll of all cIlildrel1 is verified prior to accept31lce illto prograll1. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 DEANNE YOUNG - GROUP DAY CARE HOME FOR ()-12 (CUP-OO-021) ( 2.9 Applicallt sllall pro\ricle for screellillg of adjacellt properties to protect cllildrell frol11 ad\ferSe i111pacts arlcl to pro\fide a bllffer bet\i\!eell properties. 2.10 Applicallt sllall pro\ficle for a solid fellce of appropriate Ileigllt/ cOllstrllctioll (6-foot recoIllIllellded), to ellclose olltside play areas. There is cllrrelltl)T a 6-foot Iligll solid fellce cOllstrtlcted arollnd tIle perillleter of tIle property. 2. 11 A COllerete patio is Sl10\ Vl1 011 tile si te plall ill tIle rear yard. Tllis area SI1011ld be \\,felll1lailltairlecl alld free of allY potelltialIlazards to cIliIdrell. 2.12 If tIle COl1ditiollal Use Perll1it is appro\fed, Applicallt is to sclledllle all appoilltl11ellt \vitl) tIle Nlericiiarl Fire Departl1lellt for il1spectiol1 prior to operatillg. Operatiofl of da~/care \vitll0llt proper approvals \vill reslllt ill revoca ti 011 of COlldi ti 011ai llse perll1i t. 2.13 Applicallt 11lllSt k~eep all olltside play areas free of lloxiollS \/veeds. 2.14 All codes \villlleed to be lllet. 2.15 Depelldillg 011 tIle 111111lber of cIlildrerl proposed tIle daycare l11ay l1ave to be licellsed bv State of Idallo. 2.16 Tile applical1t sllal1 apply' for COI11Illercial call rate service ratller tllall residelltial. 2.17 All fllttlre desigll pla11s 311d COllstrllctioll sllall be ill accordallce \\ritll tIle Ada COt1l1t~V Higll\Va:f District Polic:, Malltlal, ISPWC Stalldards alld appro\fed sllpple111e11tsJ Con.strllctioll Services proCedtIres alld all applicable ACHD Ordillal1ces llllless specifically \Ivaived ill \vriting by tIle District. 3. TIle above COllditiol1S are COllclllded to be reasol1able alld tIle applicallt sllall lneet SllCll reqllirelllellts as a COllditioll of appro\fal of tIle applicatio11 for a COllditional llse perllli t. ORDER OF C.ONDITIONAL APPROVAL OF CONDITiONAL USE PERMIT - PAGE 3 OF 4 DEANNE YOUNG - GROUP DA'l CARE HOi\1E FOR 6-11 (CUP-OO-021) 4. Notice to Per111it Holder, tllis COllclitioflalllse per11lit is 110t trallsferable ,vit11011t C0111pl)rillg \\ritll tIle pro\risiOllS of Meridiall Cit)T Code ~ 11-17 -8, a copy of '\iVIlicll is attacIled to tllis per111i t. cf-I, By actioll of tl1e City COllllCil at its regldar l1leetirlg 11eld 011 tIle ~ - day of ~td;r , 2000. ~/Ld l~obert D. Corrie, Mayor Cit\T of Meridial1 . . 7 -- s-v (91J COP)! served llpOll Applic811t, tIle Plal111illg 311cl ZOllil1g Departl1lel1t, Pllblic W orles Depart111el1t al1d City Attorl1e)T. Dated: 7- S--{)[) \\\' ~,~l! It lUll,., /~~~!. Or ~~.~?~; ;/' :-- ':.. ::.'.~. ","<.. /", '::~-~' ,~.- ;- ; .~ '. ~ -~ ~ ..::- / "~>- "(.' ", I r -~, '1). 'f ; \, T" ,'CJ;:' i..,-' /;':. f I :; ~. \ \~. . \/J n ::' -:;. 0" c_: r e" ;/ :" .> l11sglZ:\ Work\M\Meridian 15360MW oLlng Dem1l1C CU P G roup Day C;lrc\CUPOrder.wpd '\. ~""i ~ -..~/,.:)::- ,:~': //~") I;~:~.';.; '!:'.~ - :".,\ ." ORDER OF CONDITIONAL APPROVAL OF CON-DITIONAL USE PERMIT - PAGE 4 OF 4 DEANNE YOUNG - GROUP DAY CARE HOM~E FOR 6-12 (CUP-OO-021) o J I I I I I I ( \ l/ I I I I III ~"" rlT~ 1"\1 I {H I I~ I (~R(l\/F R ) i g ~ "I I / ~[\ / d H I i L ~ I - _r: ~ U I \~ - -- I I liw I Q) -\ \\\ \ --b ~~Mi~;::~~ vvY ~U I g I lFn II ~~ I _ ~ L] I I I I (})- ~~\ 0 ~ 1 ( --= ~ ~. ". .~ g> \ \ \ m 1 f 1M rrr. ~ Jl H JlA f'Jt. \TE ~ g = ' t=:r FL~( I ~~ rr--lI ~ ~ -~)I_-rr ~'- -- 1 ~ ~ ~ - -}f' _S: -W -- - I - \ - i~- m- - \ ~ -< ~r-n -z - ~ I 0 '-J.I - rr- ~ -I / ~ ~--~ if - ~ o - - cb___-I - < G) ~, 1kt$= ~ \ I - I ;: I I I -- I 1'1 ) ~ I / I I: J f- ~ ~ g LJ I I _ r I i I = 1'1 J = ~ ~ ~ == I II I 7 ~~. 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I : L _ . ! , _. .j~=j .~.~. _-r;. -.... j i I I I I I i I. 1 .. . .I _ .. 1 _ ,. ~ I . l' ! 1 . i 1. : p6? j'ttrf;1-Ji€-: : ; I ~ . .! : - i j ! I , ! i! i . ! , ,J I ,., 1 ,I .j) r t~ h I i I 111 8; t< \ I I ' I ' ! . I ': , I I ; . . I ! -j 4tt I.M) b: i u, ~ 1 ,ft I j ;: tj. dU I" . .. - -r -\;I i i . ~? . i I I , I I : d2? - {i. .. i I I ~ I ; 1 . j. : yJ r : I. Wy--. t [;' ~i - ; 0dv~ I : : -.'. '{t~ : --.\ : Glr~ i 1 -. - 1----.. I . , I I I i !__; ;:-_1___ i: ; I ! . .- t. ... . i t. --. j j -- r.1 ..... , . . I -- ~ . - .. '. I I - ! . j I I .. j ... I" i c .. j -." 1 ; ~ ..~_.~-- -~ ., " . j- "' ~~ I ...1- - --!- - i- I 1" I 1_..- \ .-- .. -- -- I--! : f . -.- 'h . - J I - . 1"- .. .. ~~ l I I - - rl ---- ~'. . -I . ... I' i _.~ jl ! J.. -l _ "J .." ~ -- ... . -. -1'~ III ~ I . - II . - 11 ... . .. .1._ Ji.~ - ...~ I );f Ii: ~j --'!'-i-' I --j- 'iT0\ t 'I 1 l" j n_'l--- ;-. t ' ; i MAYOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 NOTICE OF SPECIAL WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Workshop at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, June 21st, 2000 at 6:30 P.M. The Meridian City Council will be discussing strategic planning for the City of Meridian. The public is welcome to attend. DATED this 16th day of June, 2000. \~. SEA.L . ~ ::: "Y: C.:- ~ ~, "OJ O~ ~_ "5'<:;. {,Z'1r 1$'\ · $ ! /,; ~l ,,('\. '\. , or;...-" t'. \V ", /1" OUi'-.fr1 1 \\' "'IIJ'f-' .' ^' <.:.\\\\\\ # ~ I ~. ~ i\ "\ " ~ WHITE, PETERSON, PRuss, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III BRENT]OHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE** 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN J IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA. IDAHO 83653~0247 TEL (208) 466~9272 FAX (208) 466~4405 Email viaInternet@wfg@wppmg.com · ALSO ADMITTED IN OR ..ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE July 10,2000 ~1 {-"-1 -:-.-{1 1- :..;. ,1 j " , · j ~J-~~j-- '; i i 'j'UI L'-:.-' ~- .~, J - . William G. Berg, Jr. MERIDIAN CITY CLERI( 33 East Idaho Meridian, Idaho 83642 J U L 1 1 2000 Clr:l-~''$l OV -<r'llr-Di 1..~~ 'rf~ T !\ r~T 1.. .r -'f.l..iL1.i.~~1..) llil :t( Re: WESLEY SUBDIVISION FINAL PLAT (FP-OO-OIO) BY: CENTERS CONSTRUCTION, INC. Dear Will: Regarding the above referenced matter, please find enclosed the original 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 upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public W orl(s and attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols msglZ:\W ork\M\Meridian 153 60M\ Wesley Subdiv\BergFPOrdAppro.lL TR BEFORE THE MERIDIAN CITY COUNCIL 07-10-00 IN THE MATTER OF THE ) APPLICATION OF CENTERS ) CONSTRUCTION, INC., FOR ) APPROVAL OF FINAL PLAT FOR ) WESLEY SUBDIVISION OF 5.029 ) ACRES WITH 32 BUILDING ) LOTS AND 3 OTHER LOTS, ) LOCATED WEST OF LOCUST ) GROVE AND NORTH OF ) FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) ) ) CASE NO. FP-OO-OIO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 5,2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Steve Siddoway, Assistant Planner, in the Planning and Zoning Department, and Bruce Frecldeton, Assistant to City Engineer, listing 7 General Comments and 15 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: . IT IS HEREBY ORDERED THAT: 1. The Final Plat of "WESLEY SUBDIVISION" as evidenced ORDER OF CONDITIONAL APPROVAL OF -- PAGE 1 OF 3 FINAL PLAT FOR WESLEY SUBDIVISION (FP-OO-OIO) in Plat bearing Dwg. No. CAA-000414, Sheet 1 of 2, Dated: 5-23-00, B &A Engineers, Inc., WESLEY SUBDMSION, for Centers Construction, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Steve Siddoway, Assistant Planner, in the Planning and Zoning Department, and Bruce Frecldeton, Assistant to the City Engineer, dated June 29, 2000, listing 7 General Comments and 15 Site Specific Comments, a true and correct copy of which is attached hereto marlced Exhibit "A" and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Fire Chief, I(enny Bowers, notes the turn-around at the west end of Willowbroolc Court has been approved. "No Parldng" of vehicles, trailers or equipment in the turn-around. The common lot shall be lcept clear of trash and weeds. 2. The final plat upon which there is contained the Certification and signature of the City ClerIc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF, CONDITIONAL APPROVAL OF -- PAGE 2 OF 3 FINAL PLAT FOR WESLEY SUBDMSION (FP-OO-OIO) By action of the City Council at its regular meeting held on the 5th of July, By: 2000. Copy served upon Applicant, the Planning and Zoning Department and the Public W orl(s \ \ \ \ \1 '.11 , , , III Department. \\\\\\Of MEP-,""II . ", ~ - .. l-I~Dl ~~ ,""" ~. './.f A ~ "/-'/ ~ (j o"POR/f "h r y ..;.. $ ~G ('-0 ~ ?-~-OO f ~ .~ Dated: By: msg\Z:\Work\M\Meridian 15360M\Wesley Subdiv\Order FP ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3 FINAL PLAT FOR WESLEY SUBDIVISION (FP-OO-OIO) MA YOR Roben D. Corrie HUB OF TREASURE VALLEY { A Good Place to Live ( CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288~2499 · Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-48 I 3 City Clerk Office Fax (208) 888-4218 "' fiiR E->-Y:D~\.Tr'D 1 J , ;:; I ., g .~j 11, f '\-/...Ll~ ~ ~ I . PUBLIC WORKS BUILDING DEPARTIvlENT (208) 887 ~2211 · Fax 887 ~ 1297 PLANNING AND ZONING DEPARTivIENT (208) 884-5533 · Fax 888-6854 ~l.: ~ ~ :~ 2G2C June 29, 2000 To: Mayor and City Council From: Re: Final Plat request for WESLEY SUBDIVISION - 32 Townhouse lots, 1 Office lot, and 3 Conunon lots on 5.029 acres. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 250-watt 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. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fIre hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide fIve-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K FP..(){)..009 Wesley Subdivision. FP .doc EAh,'!J,'f't!1 ({ I /" Ii Mayor and City Council ( June 29, 2000 Page 2 7. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the July 5th meeting of the Meridian City Council. SITE SPECIFIC COMMENTS: 1. 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. 2. 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. 3. Underground pressurized irrigation must be provided to ail landscape areas on site. Due to the landscape area that will be required by the Conditional Use Permit (CUP) for the project (0.544 acres), primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 4. The landscape plan submitted with the application shows planting details, but does not include any fencing or pathway details. Fencing and pathway details were required to be submitted with the landscape plan as per condition 2.18 of the Preliminary Plat. Fencing must be 6-foot white vinyl as per condition 2.17 of the CUP. The required pathway is a pedestrian easement connecting to Meridian Place Subdivision as per condition 2.24 of the CUP. Please submit fencing and pathway details prior to the July 5th hearing, along with the written response (see General Comment #7 above). 5. Please add and/or revise the following notes: (5.) ...public right-of-way, and the exterior boundary ofWeslev Subdivision. (5.) (Add verbaf!e to the satisfaction of/he Ada Countv Hif!Jnvav District outlininf! the maintenance responsibilities of the Home Owner's Association and the District.) 7. All required.permanent, six-foot-high fencing is to be installed prior to applying for building permits. 8. Label the "SE Comer of the NEI/4, SEl/4." 9. Please complete the Certificate of Owners and its accompanying Acknowledgement. FP..()().OO9 Wesley Subdivision.FP,doc Exh I 'h,'! ''/1' c2 I Mayor and City Council --- June 29, 2000 ( Page 3 10. Please correct the overall dimension sho'NIl (596.0') along the south side of the East Willowbrook Court right-of-way. The overall dimensional sum equals 657.98 feet. 11. Revise the note referring to the easement between lots 8 and 9, block 2 to read: "10-foot sanitary sewer easement (centered on lot line) to benefit owner to the south. No fences. trees. or permanent structures shall be vlaced within said easement. J1 12. Make the subdivision boundary line along Locust Grove all the same line weight. 13. Remove the "quarter" reference from the Southeast Comer Section 6. 14. Please change the minimum house size on note 12 from 800 s.f. to 1000 s.f. as per condition 2.25 of the CUP. 15. Add a note restriction all residential structures to a single story height as per condition 2.26 of the CUP. FP-OO.Q09 Wesley Subdivision.FP.doc ExA,'IJ,'f /111'13 ;\011, c~~C1J. : (IU::.~u;,o)ED ~ HEOU:::ST m' ~. ~~~YJ~ ~;.I;Vf;gRO Ft:"E'\::7 DEPUTY _ - luon ~~i ~~"!;;~\. I: 25 ((~f~ 0 5 211 6 CITY OF MERIDIAN ORDINANCE NO. 876 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION FOR CERTAIN REAL PROPERTY 76.24 ACRES IN SIZE COMMONLY I<NOWN AS CROSSROADS SUBDIVISIONS 1,2,3,4,5,6 AND 7THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL) ZONING DISTRICT TO ENTIRELY R..4 (LOW DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ~ 11..7-2 C, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS TH:EREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: 1. The City of Meridian has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) District to R-4 (Low Density Residential District as defined under Meridian City Code S 11-7-2 C; and . 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and CITY OF MERIDIAN / (R-4) RZ-OO-002 / RE-ZONE ORDINANCE - 1 3. The real property which is the subject of this ordinance is legally described as follows: A parcel located in the NW 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Idaho, and being a portion of Crossroads Subdivision No. I and all of-Crossroads Subdivision No.'s 2,3,4,5, 6, and 7 as shown in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marldng the southwesterly corner of said NW 1/4 (one-quarter corner), from which a brass cap monument marking the northwesterly corner of said NWl/4 (section corner) bears N 1008'10" E a distance of 2649.45 feet; Thence N I 008' I 0" E along the westerly boundary of said NW 1/4 a distance of 45.01 feet to a point; Thence leaving said westerly boundary S 89021'14" E a distance of 729.77 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said Crossroads Subdivision No.2 and the POINT OF BEGINNING; Thence continuing S 89021' 14" E along the southerly boundary of said Crossroads Subdivision No.2 a distance of 1173.09 to a 5/8 inch diameter iron pin marldng the southeasterly corner of said Crossroads Subdivision No.2; Thence N 24013' II" E along the easterly boundary of said Crossroads Subdivision No.2 a distance of 0.85 feet to a 5/8 inch diameter iron pin marldng the southwesterly corner of said Crossroads Subdivision No.7; Thence S 89020'42" E along the southerly boundary of said Crossroads Subdivision No.7 a distance of 771.53 feet to a 5/8 inch diameter iron pin marldng the southeasterly comer of said Crossroads Subdivision No.7; Thence N 0048' 14" E along the easterly boundaries of said Crossroads Subdivision No.'s 6 and 7 a distance of 1724.65 feet to a 5/8 inch diameter iron pin marking the northeasterly comer of said Crossroads Subdivision No.6; CITY OF MERIDIAN / (R-4) RZ-OO-002 / RE-ZONE ORDINANCE - 2 Thence N 89035'32" W along the northerly boundaries of said Crossroads Subdivision No.'s 4, 5 and 6 a distance of 1647.18 feet to a 5/8 inch diameter iron pin marldng an angle point in the boundary of said Crossroads Subdivision No.4; Thence S 1008'13" W along the boundary of said Crossroads Subdivision No.4 a distance of 62.50 feet to a 5/8 inch diameter iron pin; Thence N 88051 '47" W along the boundary of said Crossroads Subdivision No. 4 a distance of 287.81 feet to a 5/8 inch diameter iron pin marIdng the northwesterly corner of said Crossroads Subdivision No.4; Then'ce S 1008'13" W along the westerly boundaries of said Crossroads Subdivision No.'s 1,2 and 4 a distance of 1658.48 feet to the POINT OF BEGINNING. This parcel contains 76.24 acres. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (R-4) Low Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are; hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. CITY OF MERIDIAN / (R-4) RZ-OO-002 / RE-ZONE ORDINANCE - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20~ day of d"'~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of '"~ , 2000. 20~ ATTEST: STATE OF IDAHO,) 5S. County of Ada. ) . ~ On this M day of ,2000, before me, the undersigned, a Notary Public in and for said St e, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ......... .. ~. tT ... ~ ( .. ..~......------9. ......~.. B~I)~_ ~ 1 J I'.,<~ . ~ .. OT~", · i Wt. :Af\.Jf~ (SEAL) i~/~ "A \j NOTARY BLI . DAHO :~: *..* :>: RESIDING AT: tWrvl~ (b ~ \. ,/: MY COMMISSION EXPIRES: C'l-2bOb · "-br_ . C I . , ...<P~~~1I~~~~~~. ().+ .~~':...._-_... ~.. MSG\Z:\W ork\Jv1\Meridian ~lOd:dsSubRZtoR4\RZOrdinance ...tfi CITY OF MERIDIAN / (R-4) RZ-OO-002 / RE-ZONE ORDINANCE - 4 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 CIerI" of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 876 passed by the City Council of the City of Meridian, on the 20tL day of ",7 ~ 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City ClerIc of the City of Meridian. ~ (lj ILLIAM G. BERG, STATE OF IDAHO, : ss. County of Ada, On this 1l1h d~y of ~ ' in the year 2000, before me, ~ e.~('Z.Q-; , a Notary Public, appeared WILL G. BE G, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. ..SO..."I;I .. "C fJ ~. ..~,~:.---9r1... .~~OT~>~~o :~/~ ~\~~ II~I * *' * \Nt3 · CJ:I ' u.,...... Ii 8 ~ I~~ &1 \ ' m o \ / e o \ , 0 .. <P~,~lSio 1lJ~ ~.. "-!1li---- ~^o. ... OFlP(\o~ 0elua.- msg\Z:\ W ork\M\Meridian 15360M\CrossroadsSubRZtoR4\CertificationOfClerkRZOrd (SEAL) N ~ Commission Expires: ,q/1h1XJ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-OO-OO 1 lJJlljJ " G7Dd a~D(jlI\/(j J1 IJ~d 10 ~ ~ ,E~'lLL ],2t?,02<J68S 160'[:L n ],vLI2068S w ~Ln .,.......;...0 Co~ -q-(U of'.. 0..---1 Z 181'L v91 f\,2E/S;Co68N JnN3^ V f\]I^~I~ j :3 MO ~ln ~ru (>\0 W L:J l.L Z D I---J Z f-Z Z r-l ...........L:J DW D..-P=! n H Ct:::: w u Z <I: Z I--i ~ ~ o ON Z~ W(I) U~ Z<[ <[0 Z~ 1--iC/) ~(I) ~O O~ U w _ ...J <CI: U CI:I ~ ~ S~ O! ....... _~ Z S ~ro ('I') CY: '" CJ t- W:z~ ~ 0' ::E ~B CI) LL riz z Z D l3~ > B ~ ~ f- >- w5! tj f- g~ CI) U ru w u Z <C Z S O! o w ~ LJ <[ W ~ ~ U 3:::I(DJ"U 3 zanD Jl - 6 PN I: 2'5 RECORDED~REOUESTOh ~~_DEPUT:pih /000527/5 CITY OF MERIDIAN ORDINANCE NO. 879 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 OWNERS HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G);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 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: A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book. 52 of Plats at pages 4445 alld 4446, lying in Section 17, Township 3 North, Rallge 1 East, Boise Meridian, Ada County, Idaho, and more particularly desclibed as follows; COlnmencing at the Southeast Comer of the Northeast 1/4 of said Section 17, froIn which the Northeast Corner of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00022'58" West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00022'58" West 104.66 feet to the centerline of Gentry Way; ANNEXATION AND ZONING ORDINANCE - 1 I ( thence leaving said easterly boundary and along said centerline of Gentry Way, South 89037'02" West 709.05 feet to the easterly boundary of said Lot 15, being the POINT OF BEGINNING; thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00022'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp D- A, Eagle Interchange of Interstate 84, Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed Instrument No. 8805287; thence along said northerly right-of-way of Interstate 84, South 53024134" West 376.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of Lot 15, North 27016'29" West 636.51 feet an iron pin monumenting the Northwest Comer of said Lot IS; thence along the northerly boundary of said Lot IS, South 72050'00" East 127.00 feet to an iron pin; thence continuing along said Northerly boundary, South 84041 '13" East 473.05 feet to an iron pin monumenting the Northeast Comer of said Lot 15; thence leaving said northerly boundary and along the easterly boundary of said Lot 15, being also the centerline of Allen Street, South 00022158" East, 34.30 feet to the POINT OF BEGINNING, comprising 4.340 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above- described parcel of land. 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 - 2 ( SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and SelVice Commercial District (C- G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the -~i !:/ - day of JuL;j , 1 999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerl<~ of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftslnan manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all i11 compliance with Idaho Code S63-2215 and s50-223. ANNEXATION AND ZONING ORDINANCE - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this . ~Mrj ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this vr-~ ,1999. _ ~ ~ 7-~7!)O MAYOR ( An:E?: J~~~~ CITY CLERIC ' STATE OF IDAHO,) S5. (- 5fi::dayof c-I:!- ~ day of County of Ada. ) On this 6~ day of ~ ' 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City ClerIc of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to lue that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ........, .~~ ~. tJ~.. .. ~ -::...... - - - -...~~.. .~/~OTA ~', . :J::q/ ~ - "-t'(~ \ .. :~! * * * \t'1~ : ~ :> : . \ J · . \ I . .. ~'\.... ..A-___. C ,,1 .. .. ~~~1!l=~,--:.~O.. ..;.t$OFlP~.. ....... (SEAL) Z:\Work\M\Meridian 15360M\Allen Street Care Ctr\AZ.ORD NOTARY BLI FOR IDAHO RESID~ N : t1\Q;\;fdAtul, if) MY COMMISSION EXPIRES: q/1b~O ANNEXATION AND ZONING ORDINANCE - 4 C1 t::d-O r'l I'l 0 ~ 822 :;0 Z---I -< Z ~~ ~ :t:> -< EAGLE CI) DD 0\ z ZAJ "- Ztj N --f IoD "" run V) -It--! "- ~g~ P1 J>Z 0 n 0 ~ f'1 -< -i ClJ> S Z t::j fTlO -no Z tj t:::::I ~~ " ~ -<rl r fTl 1( <: grj 3: 91 ~ Z z (I) ~~ rrl -i J>p p L 0(1) ~ W (I) 0 CD --f t::j ~ (I) 0 ~ f'1 t-I ;:0 D S ~-l> ~ rug Z n z P1 t-t J> Z J> n -I f'T1 fTl CI) HIOaRY tj ;;0 RD BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SONNTAG EYE ASSOCIATES ORASSIGNS, FORA CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY, LOCATED AT LOT 15 OF MAGIC EYE SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-99-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on October 5, 1999, and Shari Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant, Scott Freeman, appeared and testified in favor of the application and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 1 v. ( I ( FINDINGS OF FACT I. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record 'Within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and 'With the notice of public hearings having been: posted upon the property under consideration more than one weel( before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said October 5, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providing services 'Within the planning jurisdiction of the City of Meridian, having been given full opportunity' to express comments and submit evidence. 2. There has been compliance 'With all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6512; and ssll-2-416E and 11-2-418E as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed 'With the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 2 / ! ( 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. The property is located on the comer of Gentry Way and Allen Street, Meridian, Idaho. 4. The property is located at Lot 15 of Magic Eye Subdivision, Meridian, Idaho. 5. The owners of record of the subject property are John R. Sonntag and Alberta Sonntag, husband and wife, of 3373 N. Tumbleweed, Boise, Idaho. 6. Applicant is Sonntag Eye Associates or Assigns of 520 S. Eagle Rd., Suite 3104, :Meridian, Idaho. 7. The subject property is currently zoned Ada County Rural Transitional (R-T) and there is a pending application for annexation and zoning to Meridian City General Retail and Service Commercial (C-G). The zoning district of C- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY .. 3 G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408B.(II). 8. The proposed application requests a conditional use pennit for the construction and development of a 60,000 sq.ft. medical office building intended to house professional tenants and six operating rooms for out-patient surgery. The General Retail and Service Commercial (C-G) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use pennit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409B). 9. That the Applicant, Sonntag Eye Associates or Assigns, and John R. Sonntag and Alberta Sonntag, owners of the property, are granted a conditional use pennit for the construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for out-patient surgery, located at Lot 15 of Magic Eye Subdivision, Meridian, Idaho, as described in the Site Plan dated 26JUN99, ALLEN STREET CARE CENTER, BY: JOHNSON ARCHITECTS} SOUTH LANDSCAPE ARCHITECTURE, P.C., for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 4 ( Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in . Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at the Southeast Corner of the Northeast 1/4 of said Section 17, from which the Northeast Comer of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00022'58" West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00022158" West 104.66 feet to the centerline of Gentry Way; thence leaving said easterly boundary and along said centerline of Gentry Way, South 89037'02" West 709.05 feet to the easterly boundary of said . Lot 15, being the POINT OF BEGINNING; . thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00022'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp D-A, Eagle Interchange of Interstate 84, Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed Instrument No. 8805287; thence along said northerly right-of-way of Interstate 84, South 53024'34" . West 376.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of Lot 15, North 27016'29" West 636.51 feet an iron pin monumenting the Northwest Corner of said Lot 15; . thence along the northerly boundary of said Lot 15, South 72050'00" East 127 .00 feet to an iron pin; thence continuing along said Northerly boundary, South 84041'13" East 473.05 feet to an iron pin monumenting the Northeast Corner of said Lot 15; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 5 thence leaving said northerly boundary and along the easterly boundary of said Lot 15, being also the centerline of Allen Street, South 00022158" East, 34.30 feet to the POINT OF BEGINNING, comprising 4.340 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. Giving due consideration to the comments received from the government~l 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 11.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum dated August 30, 1999, be required as follows: Adopt the Meridian Fire Department's Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 6 ( 11.1 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 11.2 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 11.3 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. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 11.4 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 11.5 Requires all laterals and wasteways be protected. 11.6 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. II. 7 Applicant must comply with Idaho Code 31-3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 11.8 Off-street parldng 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. 11.9 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-4I4.D.4 and 11-2-414.D.5 of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 7 Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 11.10 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. 11.11 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 11.12 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. 11.13 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 11.14 Provide sidewalks in accordance with City Ordinance Section 11-9- 606.B. 11.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 11.16 Applicant will be responsible for construction of the water lnains to and through this proposed development. Project designer to coordinate Inain sizing and routing with the Public W orl<5 Department. Applicant shall provide the Public W orl<5 Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 8 11.17 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 11.18 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 11.19 Applicant is proposing a six (6) foot landscape strip adjacent to Freeway Drive. 1-84 is identified as an entryway corridor in the Comprehensive Plan, which requires a thirty-five foot (35') landscape strip beyond the required right-of-way. While this parcel does not have direct frontage on 1-84, it is highly visible from the Eagle Road off-ramp and 1-84 west-bound traffic and functions as an entryway for Meridian. Staff recommend the applicant approach ITD to investigate the potential for a license agreement to landscape within the 1-84 right-of-way between Freeway Drive and the north 1-84 boundary to meet the 35-foot buffer requirement. 11.20 Applicant shall install a ten-foot (10') landscape strip along the Allen Street frontage. 11.21 Applicant shall coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building pennits. All trash areas are to be enclosed by a screening fence on three (3) sides. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 9 11.22 Handicap parking, associated signage and building construction shall meet the requirements of the Americans "With Disabilities Act. A total of six ( 6) handicap-accessible stalls are required and six ( 6) are shown. However, given the medical office use and anticipated clientele, staff encourages the addition of at least three (3) handicap parking stalls. 11.23 No signage has been proposed and none is approved "With this application. All signage "Will be subject to design review and requires separate permits. 11.24 Six-foot-high, permanent perimeter fencing shall be provided adjacent to the existing residential and agricultural use along the west boundary line. 11.25 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit "Will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 11.26 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance I 1-9- 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 Worles Department. No variances have been requested for tiling of any ditches crossing this project. 11.27 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. Additionally, the Planning and Zoning Commission requires: 11.28 No building permit "Will issue until all sewer and water are operational and approved by the appropriate authorities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 10 11.29 A minimum 19- foot landscape buffer is required along future Freeway Drive with extra planning for additional buffering. 11.30 The applicant shall switch from a lift station/sewer ejector to a gravity fed sewer system when the lines become available. Further the applicant shall coordinate with Meridian City staff on placement of future lines. (The Meridian Planning and Zoning Commission's approval of this application is based on the new updated site plan submitted for the public hearing on August 31, 1999 and not the original submission to the City of Meridian on June 30, 1999.) 12. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 13. The uses proposed within the subject application will be subject to the conditions 'set forth in Finding of Fact no. 11 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of'the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 11 ( adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the -destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code 9 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use pennits; and (B) That a special use pennit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISlON AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 12 ( (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of S 11-2-418 Municipal Code. 3. 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 l<nown as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 13 ( DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, Sonntag Eye Associates or Assigns, and John R. Sonntag and Alberta Sonntag, owners of the property, are granted a conditional use pennit for the construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for out-patient surgery, located at Lot 15 of Magic Eye Subdivision, Meridian, Idaho, as described in the Site Plan dated 26JUN99, ALLEN STREET CARE CENTER, BY: JOHNSON ARCHITECTS, SOUTH LANDSCAPE ARCHITECTURE, P.C., as conditionally approved by order of the City Council for the development of the aforementioned projects and which property is described hereinbelow to-wit: A p3:rcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 14 Conunencing at the Southeast Corner of the Northeast 1/4 of said Section 17, from which the Northeast Comer of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00022'58" West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00022'58" West 104.66 feet to the centerline of Gentry Way; thence leaving said easterly boundary and along said centerline of Gentry Way, South 89037'02" West 709.05 feet to the easterly boundary of said Lot 15, being the POINT OF BEGINNING; thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00022'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp D-A, Eagle Interchange of Interstate 84, Project No. IR-84-1 (12) 45 Highway SUNey, and Warranty Deed Instrument No. 8805287; then~e along said northerly right-of-way of Interstate 84, South 53024'34" West 376.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of Lot 15, North 27016'29" West 636.51 feet an iron pin monumenting the Northwest Corner of said Lot 15; thence along the northerly boundary of said Lot 15, South 72050'00" East 127.00 feet t9 an iron pin; thence continuing along said Northerly boundary, South 84041 f 13" East 4 7 3.05 feet to an iron pin monumenting the Northeast Comer of said Lot 15; thence leaving said northerly boundary and along the easterly boundary of said Lot 15, b~ing also the centerline of Allen Street, South 00022'58" East, 34.30 feet to the POIt1T OF BEGINNING, comprising 4.340 acres, more or less. SUBJECT TO: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY .. 15 ( All existing easements and road rights-of-way of record or appearing on the above- described parcel of land. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.3 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. 2.4 . Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.5 Requires all laterals and wasteways be protected. 2.6 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. 7 Applicant must comply with Idaho Code 31-3805. 2.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 16 / ( ( 2.9 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 Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.11 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 2.12 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. 2.13' Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.14' Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.16 Applicant will be responsible for construction of the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public W orles Department. Applicant shall provide the Public W orles Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 17 ( 2.17 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.18 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hool(-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existi11g surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.19 . Applicant is proposing a six (6) foot landscape strip adjacent to Freeway Drive. 1-84 is identified as an entryway corridor in the Comprehensive Plan, which requires a thirty-five foot (35') landscape strip beyond the required right-of-way. While this parcel does not have direct frontage on 1- 84, it is highly visible from the Eagle Road off-ramp and 1-84 west-bound traffic and functions as an entryway for Meridian. The applicant shall approach ITD to investigate the potential for a license agreelTIent to landscape within the 1-84 right-of-way between Freeway Drive a11d the north 1-84 boundary to meet the 35-foot buffer requirement, and will install a 35 foot strip if an agreement with ITD can be met. 2.20 Applicant shall install a ten-foot (10') landscape strip along the Allen Street frontage. 2.21 Applicant shall coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building pennits. All trash areas are to be enclosed by a screening fence on three (3) sides. 2.22 Handicap parldng, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. A total of six (6) handicap-accessible stalls are required and six (6) are shown. However, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISI.ON AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 18 ( given the medical office use and anticipated clientele, staff encourages the addition of at least three (3) handicap parking stalls. 2.23 No signage has been proposed and none is approved with this application. All signage will be subject to design review and requires separate pennits. 2.24 Six-foot-high, permanent perimeter fencing shall be provided adjacent to the existing residential and agricultural use along the west boundary line. 2.25 This conditional use pennit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 2.26 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. 2.27 . 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. 2.28 No building permit will issue until all sewer and water are operational and approved by the appropriate authorities. 2.29 A minimum 19-foot landscape buffer is required along future Freeway Drive with extra planning for additional buffering. 2.30 The applicant shall switch from a lift station/sewer ejector to a gravity fed sewer system when the lines become available. Further the applicant shall coordinate with Meridian City staff on placement of future lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY - 19 ( (The Meridian Planning and Zoning Commission's approval of this application is based on t;he new updated site plan submitted for the public hearing on August 31, 1999. and not the original submission to the City of Meridian on June 30, 1999.) 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City ClerIc and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, Public Warks Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, p~rsuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Sff- day of J~ , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY .. 20 ( COUNCILMAN BIRD COUNCILPERSON DeWeerd COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 7- S- -00 MOTION: APPROVED: ~ 8 ~ --f6 ' if) VOTED VOTED -fls:-tc- VOTED~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public W orl<.s Department and City Attorney. ByJ~P~ ~ City Clerk Dated: 7/S--t/O msgJZ:\Work\M\M.eridian 15360MWlen Street Care Ctr\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY .. 21 ~ .... - ...,. ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) SONNTAG EYE ASSOCIATES OR ASSIGNS, ) FOR A CONDITIONAL USE PERMIT FOR A ) MEDICAL OFFICE BUILDING AND OUT - ) PATIENT SURGERY FACILITY, LOT 15 OF ) MAGIC EYE SUBDIVISION, MERIDIAN, ) IDAHO ) ) ) CUP-99-024 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 19TH day of October, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of t'he Planning and Zoning Commission the Council takes the fol~owing action: 1. That the Applicant, Sonntag Eye Associates or Assigns, and John R. Sonntag and Alberta Sonntag, owners of the property, are granted a conditional use permit for the construction and development of a 60,000 sq. ft. medical office building intended to house professionaLtenants and six operating rooms for out-patient surgery, located at Lot 15 of Magic Eye Subdivision, Meridian, Idaho, as described in the Site Plan dated 26Jun99, ALLEN STREET CARE CENTER, BY: JOHNSON ARCHITECTS, SOUTH LANDSCAPE ARCHITECTURE, P.C., as conditionally approved by order of the City Council on the day.of " for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in Section 17, Township 3 North, Range 1 East, Boise Meridian, Aqa County, Idaho, and more particularly described as follows; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) Commencing at the Southeast Corner of the Northeast 1/4 of said Section 17, from which the Northeast Corner of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00022'5811 West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00022'58" West 104.66 feet to the centerline of Gentry Way; thence leaving said easterly boundary and along said centerline of Gentry Way, South 89037'02" West 709.05 feet to the easterly boundary of said Lot 15, being the POINT OF BEGINNING; thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00022'58" East 225.65 feet to an iron pin on the Northerly right-af-way of Ramp D-A, Eagle Interchange of Interstate.84, Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed Instrument No. 8805287; thence along said northerly right-of-way of Interstate 84, South 53024'34" West 376.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of " Lot 15, North 27016'29" West 636.51 feet an iron pin monumenting the Northwest Corner of said Lot 15; thence along the northerly boundary of said Lot 15, South 72050100" East 127.00 feet to an iron pin; . thence continuing along said Northerly boundary, South 84041 '1311 East 473.05 feet to an iron pin mon,umenting the Northeast Corner of said Lot 15; thence leaving said northerly boundary and along the easterly boundary of said Lot 15, being also the centerline of Allen Street, South 00022'5811 East, 34.30 feet to the POINT OF BEGINNING, comprising 4.340 acres, more or less. SUBJECT TO: All existing ~asements and road rights-at-way ot record or appearing on the above- described parcel ot land. ORDER OF: CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) 2 ( 2. That the above named applicant is granted a conditional use permit to use the property for the construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for out-patient surgery, located at Lot 15 of Magic Eye Subdivision, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.3 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storrl1water management system that prevents groundwater and surface water degradation. 2.4 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.5 Requ;ires all laterals and wasteways be protected. 2.6 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans.. 2.7 Applicant must comply with Idaho Code 31-3805. 2.8 Off-s~reet 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. 2.9 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning and Development Ordi~ance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.10 A dra.inage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) 3 / \ 2.11 Outside lighting shall be designed and placed so as to not direct illumination on any n.earby residential areas and in accordance with City Ordinance Section 11-2- 414.0.3. 2.12 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. 2.13 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.14 Provide sidewalks in accordance with City Ordinance Section 11-9-606.8. 2.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.16 Applicant will be responsible for construction of the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow -and pressure from the existing mains should be monitored with the Meridian Water Department. 2.17 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for install.ing the water and sewer mains to their current points. 2.18 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's: mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the efltire common open area. 2.19 Applicant is proposing a six (6) foot landscape strip adjacent to Freeway Drive. 1- 84 is ~dentified as an entryway corridor in the Comprehensive Plan, which requires ORDER OF; CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) 4 / ( a thirty-five foot (35') landscape strip beyond the required right-of-way. While this parcel does not have direct frontage on 1-84, it is highly visible from the Eagle Road off-ramp and 1-84 west-bound traffic and functions as an entryway for Meridian. The applicant shall approach ITD to investigate the potential for a license agreement to landscape within the 1-84 right-at-way between Freeway Drive and the north 1-84 boundary to meet the 35-foot buffer requirement, and will install a 35 foot strip if an agreement with ITD can be met. 2.20 Applicant shall install a ten-foot (10') landscape strip along the Allen Street frontage. 2.21 Applicant shall coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. All trash areas are to be enclosed by a screening fence on three (3) sides. 2.22 Hand"icap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. A total of six (6) handicap- accessible stalls are required and six (6) are shown. However, given the medical office use and anticipated clientele, staff encourages the addition of at least three (3) handicap parking stalls. 2.23 No signage has been proposed and none is approved with this application. All signa:ge will be subject to design review and requires separate permits. 2.24 Six-fqot-high, permanent perimeter fencing shall be provided adjacent to the existing residential and agricultural use along the west boundary line. 2.25 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 2.26 Any ~xisting irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1 1-9-605.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 varia~ces have been requested tor tiling of any ditches crossing this project. ORDER OF.CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) 5 ( 2.27 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. 2.28 No building permit will issue until all sewer and water are operational and approved by the appropriate authorities. 2.29 A minimum 19-foot landscape buffer is required along future Freeway Drive with extra planning for additional buffering. 2.30 The applicant shall switch from a lift station/sewer ejector to a gravity fed sewer system when the lines become available. Further the applicant shall coordinate with Meridian City staff on placement of future lines. (The Meridian Planning and Zoning Commission's approval of this application is based on the new updated site plan submitted for the public hearing on August 31, 1999 :and not the original submission to the City of Meridian on June 30, 1999.) 3. The above conditions are concluded to be reasonable and the applicant shall meet such require,ments as a condition of approval of the application for a conditional use permit. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Magic Eye Subdivision. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of ~ 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By acti9n of t. he City Council at its regular m~eetihe. Id on the S-l!::. day of ~~ ,2000. i L-J .jJ ~ ~ . /fA rO A~ y- 5 vb/V : !Robert 87'eorrie;-rvlayo'r City of Meridian ~ /Le/#-13/ 'he. - lfeJ/tlbJ- e/~ f!tpfl--It ~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm ht and City Attorney. ttUftffft ' . \~\"'\Of "1'",,, /7 c: \'1.,;. -' "/" Dated: /"... ../ --tJ 0 ~,~\' ~, 7~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ SEAL = \ ~ ~ '~.o6J \ ~~~t ls1 · ~ .I ~-'~ '4f~ ctf:\~ ,~ "'1' '" ~~ ri'J/ . \\\" Illfllli ,,'I'\'\~ B. ity Clerk msgJZ:\ Work\M\Meridian 15360M\Allen Street Care Ctr\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT SONNTAG EYE ASSOCIATES OR ASSIGNS MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY (EAGLE ROAD PROFESSIONAL CENTER) RESOLUTION NO jZ '1 BY: -;dh~~o/de~e~ (/ 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 JOHN R. SONNTAG AND ALBERTA SONNTAG. 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 John R. Sonntag and Alberta Sonntag, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked 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 Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the 5ft: day of f~~ ' 2000, by and between the City of Meridian and JOHN R. SONNTAG AND BERTA SONNTAG, husband and wife, a copy of which is attached hereto marlced as Exhibit "A" to this Resolution and to bind this~ City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORlZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JOHN R. SONNTAG AND ALBERTA SONNTAG (AZ-99-014)1 ( PASS:g? BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~::/ hday of c/ ~ ' 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 51'12 day of J.. u.11f ' 2000. - d)1J~ 7~S'-tfC) MAYOR ATTEST: RESOLUTION:OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JOHN R. SONNTAG AND ALBERTA SONNTAG (AZ-99-014)1 2 ( ( CER TIFI CA TE 0 F CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 5-fA day of J ILl '1 , 2000, the following action has been taken and authorized: V A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE NIAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND JOHN R. SONNTAG AND ALBERTA SONNTAG. BE IT RESOLVED BY THE NIAYORAND 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 JOHN R. SONNTAG and ALBERTA SONNTAG, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked 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 NIAYORAND CITY COUNCIL as follows: 1 a . The Mayor and Clerk are hereby authorized to enter into and on behalf of the City bf Meridian that certain agreement with JOHN R. SONNTAG and CERTIFICATE: OF CLERK OF THE CITY OF MERIDIAN - (AZ-99-014) / { ( ALBERTA SONNTAG, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the ~ day of ~ ~ ' 2000, by and between the City of Meridian and JOHN R. SONNTAG and BERTA SONNTAG, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this .City to ih~Jtw>>:s and conditions. . . ,'\~, 1111 . ~,,\ Of UI='~'IIII~ "S',,~ ~~1I04 )'""'~ $6--~'h ~ ~ ~ '" . .t:JP~ ---.. 1.(:- " f ~ "0 ~ 2a~ - - : SEAL = WILLIAM G. BERG, JR. :: ~ ~- 'S ~ ....CS"'O ~ ~ ,:~ t.-3r 15\ · ~.$' STATE OF IiY~~rl . ~~~""" IIJ./ltl U H II Ht\\\S'S. County of Ada, ) /'A. On this if!:day of J ~~ ' in the year 2000, before me, '1Wl~ €. ~vv12;(/ , a Notary Public, appeared WILL G. BE , JR., known or identified to me to be the City Clerk 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. ? .JIl..... .- ~ r.r-. ..~ _:._- G +. .~~OT~~\ :4l/ ~ .A '\f:- :t:r:{ * * * \N~ (SEAL) :CI:l~ :>: o \ 1 · . \ I . . '~ ~. <P' C'. ...::;~---~-~<;.. .. 0010.. ....... msg\Z:\Work\IV1\N1eridian 15360M\Allen Street Care Ctr\Certif'icationClerkfor RES CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - (AZ-99-014) 2 ( June 28, 2000 CUP 99-039 July 5, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT City Engineer ITEM NO. 1 Q-A-3 REQUEST Agreement for Surveying Services - Plaza Sewer Rehabilitation Project 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attac hed I./V OJpfO INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. (- ( Memo To: Mayor Corrie ~d ) From: Brad Watson, P.E./2f?1/ CC: File, Gary Smith, PE Date: 06/30/00 Re: July 5 City Council Meeting - Request for Items on Public Works Department Reports I am requesting the following three items be placed on the City Council meeting agenda for their consideration at the July 5 meeting. Documentation and supporting materials for each of the three items are enclosed. 1) 2000 Waterline Improvement Praise! - Ustick Road Waterline Extension. Bids were opened for this project today. Seven bids were received and Lurre' Construction submitted the apparent low bid in the amount of $220,559.85. Attached is a copy of the memo from JUS Engineers, the project's design engineer, tabulating the bids. As questioned in JUS's memo, we will direct JUS to further review Lurre' Construction's qualifications prior to issuing a Notice Of Award. The Public Works Deparbnent recommends that City Council award the contract for tllis project to Lurre' Construction subject to satisfactory evaluation of their references, qualifications and commitment to the timelines necessary to this project 2) Drillina of Supplv Well No. 21 - Chanae Order No.1. Attached is proposed Change Order No. 1 for this project As is explained in the change order, final actual quantities differed from those estimated in the bid schedule as is customarily the case when drilling wells. Also included in the change order is the addition of pump testing along with 30 days time extension (contract end date amended from 7/9/00 to 8/6/00). The total net cost increase to the existing contract requested in this change order is $17,721.19 and 30 days contract extension. The Public Works Deparbnent recommends that the City Council approve of this requested change order. . Page 1 ( (~ 3) Aoreement for Survevina Services - Plaza Sewer Rehabilitation Proiect Two proposals were submitted in response to our request for proposals for surveying services for this project. The product of this contract would be used by the Public Works Department to prepare plans and specifications for the replacement of approximately 1 ,000 lineal feet of deteriorated sewer in the alleys between Idaho Ave and Pine Ave (from E. 3rd to E. 1s~ and between State St and Carlton (from E. 2nd to E. 1 st). Keller Associates and Civil Survey Consultants, both of Meridian, provided proposals. Suaaested Council Action: Approval of the Agreement for Professional Services with Keller Associates, Inc. of Meridian, Idaho for surveying and related services for the Plaza Sewer Rehabilitation Project, in the Time and Materials amount not to exceed $2,836.00, and to authorize Mayor Corrie and City Clerk Berg to sign the Agreement Please call me rr you have any questions or need additional information. Thank you, Brad . Page 2 4~ KELLbR ASSOCIATES 131 S.W. 5th Avenue, Suite A · Meridian, ID 83642 June 26, 2000 Brad Watson, P.E. Assistant City Engineer City of Meridian Public Works 200 East Carlton, Suite 100 Meridian, ID 83642 RE: Plaza Sewer Rehabilitation Project Dear Brad: This is in response to your request for a proposal for the Plaza Sewer Rehabilitation Project. A list of estimated time and cost to complete the project are as follows: 2 ~ days (20 hrs @ 85) 2 hrs. Research (2 hrs @ 48) = 3 days Office Drafting Topo TOT AL: 1700.00 96.00 1080.00 2876.00 We will provide you with an AutoCad drawing topographic survey on disc. If you have any questions, or need additional information, please call me at (208) 288-1992. Sincerely, KELLER ASSOCIATES, INC. 7~~~ Jim Keller, P.E. President 00-475 cw062600 A Company of Professional Engineers and Scientists Ph: (208) 288-1992 · Fax: (208) 288-1999 ( RECEIVED J U N 3 0 2000 CITY OF fiIERIDIAi'i interoffice MEMORANDUM Subject: William G. Berg,~Jll Wm. F. Nichols (jifJf.1 SCOTTSDALE SUBDIVISION TIME EXTENSION To: From: Date: June 29, 2000 Will: Please find enclosed the original of the ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN, in the above matter. This ORDER is pursuant to the timely requ~st of the Applicant and pursuant to the City Council's action at its June 20, 2000, meeting. Therefore, please present this ORDER to Mayor Corrie to obtain his signature. Please forvvard copies to the Applicant, Planning al1d Zoning, Public Works and the City Attorney. If you have any questions please advise. msg/Z:\ W ork\M\Mericlian I 5360M\Scottsdale FP\Berg062900.Ltr ( ( June 28, 2000 CUP 99-039 July 5, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT City Engineer ITEM NO. REQUEST Drilling of Supply Well No. 21 - Change Order No.1 Award 1 Q-A-2 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: See attached j/J ~J 011 IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ,r - ( Memo To: Mayor Corrie ~d / From: Brad Watson, P.E./2f?1/ CC: File, Gary Smith, PE Date: 06/30100 Re: July 5 City Council Meeting - Request for Items on Public Works Department Reports I am requesting the following three items be placed on the City Council meeting agenda for their consideration at the July 5 meeting. Documentation and supporting materials for each of the three items are enclosed. 1) 2000 Waterline Imorovement Proiect - Ustick Road Waterline Extension. Bids were opened for this project today. Seven bids were received and Lurre' Construction submitted the apparent low bid in the amount of $220,559.85. Attached is a copy of the memo from JUS Engineers, the project's design engineer, tabulating the bids. As questioned in JUS's memo, we will direct JUS to further review Lurre' Construction's qualifications prior to issuing a Notice Of Award. The Public Works Deparbnent recommends that City Council award the contract for this project to Lurre' Construction subject to satisfactory evaluation of their references, qualifications and commitment to the timelines necessary to this project 2) Drillina of Supplv Well No. 21 - Chance Order No.1. Attached is proposed Change Order No. 1 for this project As is explained in the change order, final actual quantities differed from those estimated in the bid schedule as is customarily the case when drilling wells. Also included in the change order is the addition of pump testing along with 30 days time extension (contract end date amended from 7/9/00 to 8/6/00). The total net cost increase to the existing contract requested in this change order is $17,721.19 and 30 days contract extension. The Public Works Deparbnent recommends that the City Council approve of this requested change order. -..'~ . Page 1 (< (~ 3) Aoreement for Survevina Services - Plaza Sewer Rehabilitation Proiect. Two proposals were submitted in response to our request for proposals for surveying services for this project. The product of this contract would be used by the Public Works Department to prepare plans and specifications for the replacement of approximately 1 ,000 lineal feet of deteriorated sewer in the alleys between Idaho Ave and Pine Ave (from E. 3rd to E. 1s~ and between State St and Carlton (from E. 2nd to E. 1 st). Keller Associates and Civil Survey Consultants, both of Meridian, provided proposals. Suggested Council Action: Approval of the Agreement for Professional Services with Keller Associates, Inc. of Meridian, Idaho for surveying and related services for the Plaza Sewer Rehabilitation Project, in the Time and Materials amount not to exceed $2,836.00, and to authorize Mayor Corrie and City Clerk Berg to sign the Agreement Please call me if you have any questions or need additional infonnation. Thank you, Brad . Page 2 (/ ( CONTRACT CHANGE ORDER DATE: ORDER NO.: 1 CONTRACT FOR: Drillina of Supplv Well No. 21 OWNER: CITY OF MERIDIAN. IDAHO TO: RIVERSIDE. INC. (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes In INCREASE DECREASE This Change Order in Contract in Contract (list separately) Price Price 1. Bid Item 2; delete 55 If 2811 drilling @ $3,190.00 $58.00/If 2. Bid Item 3; add 95 If 17" drilling @ $5,100.00 $58.00/If 3. Bid Item 4; delete 50 If 1811 casing @ $1 ,675.00 $33.50/If 4. Bid Item 5; add 57 f 1 0" casing @ $1,396.50 $24.50/If 5. Bid Item 6; add 75 If 10" well screen @ $7,875.00 $105.00/lf 6. Bid Item 7; add 3.5 cy sand filter @ $1,652.00 $472.00/cy 7. Bid Item 9; delete 21.25 cy bentonite $3,952.50 surface seal @ $186.00/cy 8. Well pump testing; (time & materials $10,515.19 not to exceed $10,515.19 Sum of Increase and Decrease: $26,538.69 ($8,817.50) Net Change in Contract Price: $17 , 721 . 19 JUSTIFICATION (attach supplemental documents): See attached list, Exhibit itA" CHANGE IN CONTRACT PRICE: Original Contract Price: Previous Change Orders No. none to No. Contract Price prior to this Change Order: Net (Increase/Decrease) of this Change Order: Contract Price with all approved Change Orders: $103.150.50 $0 $103.150.50 $ 17. 721 . 19 $120.871.69 (- CHANGE IN CONTRACT TIME: Original Contract Time: Previous Change Orders No. none to No. Contract Time prior to this Change Order: Net (Increase/Decrease) of this Change Order: Contract Time with all approved Change Orders: 60 days (5/9-7/7/00) -0- 60 days (5/9-7/7/00) 30 days 90 days (5/9-8/6/00) This document will become a supplement to the Contract and all provisions will apply hereto. ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR The increase or decrease in Contract price and/or Contract time stated in each and every Change Order shall unequivocally comprise the total price and/or time adjustment due or owed the CONTRACTOR for the work or changes ordered by the Change Order. By executing the change Order, the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments represent full compensation for all increases or decreases in cost or the time required to perform the Contract as whole arising directly or indirectly from the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under Contract not changed by the Change Order. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in Contract price and/or time, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this Change order constitutes an agreement between Owner and CONTRACTOR that the Change Order represents an equitable adjustment to the Contract, and that CONTRACTOR will waive all rights to file a claim of the Change Order after it is properly executed. All Change Orders shall include a written record, submitted by the CONTRACTOR, that states the basis of cost amount, including time and materials data, that enables the Owner to determine the necessity and reasonableness of the Change Order. RECOMMENDED: DATE: ENGINEER APPROVED: DATE: OWNER APPROVED: DATE: CONTRACTOR ( \ ( EXHIBIT "A" Well No. 21 Drilling Project Change Order No. 1 Justification Items 1 through 7: These are adjustments to the original estimated quantities. Design modifications were made during drilling as a result of what the driller encountered, thus causing increases and decreases in final quantities. Because the test well was nearly Y4-mile away from the actual supply well drilling site, geophysical conditions varied more than when the supply well is drilled adjacent to the test well. This caused the actual quantities versus the estimated quantities to decrease and increase more than is ordinarily encountered. Item 8: Test pumping of the well is included and is on a time and materials bases - not to exceed amount. Test pumping of the well, although always required upon completion of drilling, is not normally included in the actual bid but is a negotiated change order work item. This allows the Contractor and the City to more easily and accurately define the test pumping requirements after completion of drilling. Test pumping is based upon the following unit prices from Well #18 test pumping in 1999 (invoice attached): Bondin 5% Q. 1 Unit Cost $3,200 Total Cost $3,200 Unit Lump Sum 16 15 Hours Per Roll $145 $11.20 $2,320 $168.00 $3, 150.00 21 $15.0 Per Hour 1 Lump Sum $1,176.47 $1,176.47 Subtotal $10,014.47 $500. 72 $10,515.19 TOT AL: HivEr~idE, Inca 1/' t\ I!//'u~ IV4(1-:5'oj/J ( INVOICE 20473 · Comp/fU, moch1lltl mo/) . C>tI&/tn & InSTlJlfarlons , We{ r c1ri1(lnt 1ll South Roswell Blvd.. P.O. Box 720. Penna, Idaho 83660 (208) 722-6731 · Fax (208) 722-6736 B[[.I.. Tn, JOB DESCRIPTION: CITY MERIDIAN 200 EAST CARLTON AVE. SUITE 100 MERIDIAN, ID 83642 RECEIVED BY APR 28 '99 17:04 SQUIRE M@RIDIAN WELL TEST ON WELL #18 2500 GPM 200' PUMP SET SHIP VL\ f.O.B. Orig~n DEPARTMENT TERMS (A 2~CHARGEP~ MO. UN ALL PAST OUc ACC., Ne t 30 u. ...-.. - .... . ...... B.D. rrnM NVMBER DESClUPTION INSTALL AND REMOVE TEST PUM 2500 GPM 200' PUMP SET WITH 2 TUBES ENGINE RUNNING TIME WITH 2500 GPM 200' PUMP SET WITH 2 TUBES 2fl POLY TAPE PER ROLL 4 MEN LAYOUT MAIN~INE AND PICKUP. PICKUP AND DELIVERY 10ft MAINLINE APP. 1900' SAFETY SIGNS AND POLES 5% ADDED ON TO INVOICE FOR 2500 GPM 200' PUMP SET WITH 2 TUBES BONDING 5%- Invoice subtotal Invoice total DATE: o (J R J () H N lJ M I:H~ 1~ ~.- -... . . .. .. UNIT PRICE AMOUNT 3200 ,.00 3200.00 145.00 1160.00 11.20 168.00 150.00 3150.00 1176.47 1176.4 327.10 327.10 459.08 459.0B 9640.65 9640.65 PRGE.01 (~ June 28, 2000 CUP 99-039 July 5, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT City Engineer ITEM NO. 1 Q-A-l REQUEST 2000 Waterline Improvement Project - Ustick Waterline Extension Bid Award AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: JV :rO tvP~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at pubITc meetings shall become property of the City of Meridian. ( City of Meridian Public Works Dept. To: Mayor Corrie ~d / From: Brad Watson, P.E./2f?1/ CC: File, Gary Smith, PE Date: 06/30/00 Re: July 5 City Council Meeting - Request for Items on Public Works Department Reports I am requesting the following three items be placed on the City Council meeting agenda for their consideration at the July 5 meeting. Documentation and supporting materials for each of the three items are enclosed. 1) 2000 Water1ine Improvement Proiect - Ustick Road Waterline Extension. Bids were opened for this project today. Seven bids were received and Lurre' Construction submitted the apparent low bid in the amount of $220,559.85. Attached is a copy of the memo from JUS Engineers, the project's design engineer, tabulating the bids. As questioned in JUB's memo, we will direct JUS to further review Lurre' Construction's qualifications prior to issuing a Notice Of Award. The Public Works Deparbnent recommends that City Council award the contract for this project to Lurre' Construction subject to satisfactory evaluation of their references, qualifications and commitment to the timelines necessary to this project 2) Drillina of Supplv Well No. 21 - Chance Order No.1. Attached is proposed Change Order No. 1 for this project As is explained in the change order, final actual quantities differed from those estimated in the bid schedule as is customarily the case when drilling wells. Also included in the change order is the addition of pump testing along with 30 days time extension (contract end date amended from 7/9/00 to 8/6/00). The total net cost increase to the existing contract requested in this change order is $17,721.19 and 30 days contract extension. The Public Works Deparbnent recommends that the City Council approve of this requested change order. . Page 1 ( 3) Aareement for Survevina Services - Plaza Sewer Rehabilitation Proiect. Two proposals were submitted in response to our request for proposals for surveying services for this project. The product of this contract would be used by the Public Works Department to prepare plans and specifications for the replacement of approximately 1 ,000 lineal feet of deteriorated sewer in the alleys between Idaho Ave and Pine Ave (from E. 3rd to E. 1st) and between State St and Carlton (from E. 2nd to E. 18t). Keller Associates and Civil Survey Consultants, both of Meridian, provided proposals. Suaaested Council Action: Approval of the Agreement for Professional Services with Keller Associates, Inc. of Meridian, Idaho for surveying and related services for the Plaza Sewer Rehabilitation Project, in the Time and Materials amount not to exceed $2,836.00, and to authorize Mayor Corrie and City Clerk Berg to sign the Agreement Please call me if you have any questions or need additional information. Thank you, Brad . Page 2 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use pennit for a temporary office trailer for twelve (12) months, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service are determined during the building pennit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.2 No signage was submitted, and none is approved with this application. ignage shall be subject to design review and shall require separate permits. No temporary banners, flags, or signage will be approved under this conditional use pennit. 1.3 The applicant shall be required to meet the setbaclcs of the I-L zone. The temporary building shall be located a minimum of 35 feet from the front property line. 1.4 The Evans Drain and Gruber Lateral are within/adjacent to the northern portion of the property. The Evans Drain is the same drain that abuts R. C. Willey and Wheel City. City Ordinance 12-4-13 requires the piping of all existing irrigation/drainage ditches. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate . irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Unless otherwise approved by City Council, the applicant shall be required to submit a bid for the tiling and a letter of credit or cash in the amount of 110% of the cost of piping prior to obtaining occupancy of the temporary . building. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024) - II 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 No trash enclosure is shown on the plan. Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanital)' Service, Inc., and provide a letter of approval from their office when applying for a temporary Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence. 1.7 Submit a letter of plan approval from Ada County Highway District when applying for a temporary Certificate of Zoning Compliance. 1.8 Future construction of the permanent building shall meet all Ordinance requirements in existence at the time the building pennit is applied for. 1. 9 . This conditional use penni t shall be subj ect to review upon ten (1 0) days notice to the applicant. Transfer of the conditional use pennit shall be submitted and approved by the Zoning Administrator for any new owners/tenants. 1.10 Provide the Public Works and Fire Departments with information on the method of fire protection to be used for the modular trailers. 1.11 ' Applicant shall obtain a temporal)' Certificate of Zoning Compliance and Occupancy Certificate for the modular trailers. 1.12 A maximum twelve (12) month time extension (starting from date of occupancy) shall be allowed. 1.13 This parcel is adjacent to the Union Pacific Railroad. This corridor is designated as a multiple use pathway in the Meridian Comprehensive Plan. Future plans to be submitted with the application for building pennit shall need to incorporate landscaping along this corridor. 1.14 The numbered notes shown do not match the site plan. When applying for a temporary Certificate of Zoning Compliance, submit revised plan to correct errors and incorporate additional conditions of approval. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. ,AIMONETTO ZONED I-L / (CUP-OO-024) - 12 1.15 Applicant shall submit plans to CDHD for a food establishment. 1.16 Applicant shall contact Steve Elmer at CDHD for a preliminary plan review of perishables storage area. Adopt the Recommendations of the Fire Department as follows: 1.17 The lot shall withstand a 70,000 lb. Emergency vehicle. Adop.t the Recommendations of the Ada County Highway District as follows: 1.18 Future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically . waived in writing by the District. 2. 'The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such r~quirements as a condition of approval of the application for a conditional use pennit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024) - 13 (r" NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67 -65 21 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of J~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ c~!L- c:;/ day COUNCILPERSON ICEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED-$:-~ COUNCILMAN CHERIE McCANDLESS VOTED -#- t:<.- MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 7~5---00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AlMONETIO ZONED I-L / (CUP-OO-024) .. 14 MOTION: APPROVED:.f12.- 7 ~6-f)(J DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Dated: '7 -- 'S ---(}(J msglZ:\ W or k\M\Meridian 153 60M\Aimonetto CUP\CUPFindings024.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024) - 15 (' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATfER OF THE APPLICATION OF ) JAMES AIMONETfO FOR A CONDITIONAL ) USE PERMIT FOR TEMPORARY TRAILER IN ) I-L ZONE LOCATED AT 2204 LANARI( ) STREET, MERIDIAN, IDAHO ) ) ) ) ) 06-28-00 CASE NO. CUP-OO-024 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This luatter coming before the City Council on the 5th day of July, 2000, under the provisions of Meridian City Code S 11-1 7 -4 for final action on conditional use permit application and the Council having received and approving the Recommen~ation of the Planning and Zoning Commission the Council tal(es the following action: 1. That the Applicant of the property is granted a conditional use pennit for a temporary office trailer for twelve (12) months, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a temporary office trailer, as described in the "SITE PLAN, PROPOSED SITE PLAN FORAIMONETTO & SONS, DRAWN BY: lCER, DATE: FEB.2000, CREClCED: R.H., JOB NO. 0005, SHEET NUMBERA-1.0 (1 OF 1), ARCHITECTURE NORTHWEST, P.A.", for the development of the aforementioned temporary office trailer, and which property is described as: A parcellocflted in the southwest quarter of Section 8, Township 3 North, Range I East, Boise Meridian, and being a part of Lot 7 of Blocl( I of Locust Grove Industrial ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 BY JAMES AllvIONETTO / CUP-OO-024 Park as shown in Book 41 of Plats at Page 3391 in the office of the Recorder, and amended by Mfidavits recorded under Instrument No. S 7727098 and 97046598 records of Ada County, Idaho, more particularly described as follows: Beginning at a 5/8 inch diameter iron pin marking the southwesterly corner of said Lot 7; thenc;:e North 00 D.egree 00'48" West along the westerly corner of said Lot 7 a distance of 421.47 feet to a 5/8 inch diameter iron pin marldng the northwesterly comer of said Lot 7; thence South 88 Degrees 57'44" East along the northerly boundary of said Lot 7 a distance of 225. 71 feet to a 5/8 inch diameter iron pin; thence leaving said northerly boundary; South 00 Degree 00'48" East a distance of 223.63 feet to a 5/8 inch diameter iron pin; thence . South 89 Degrees 59'12" West a distance of 59.00 feet to a 5/8 inch diameter iron pin; thence South 00 Degrees 00'48" East a distance of 100.00 feet to a 5/8 inch diameter iron pin; thence. North 89 Degrees 59'12" East a distance of 54.00 feet to a 5/8 inch diameter iron pin; thence South 00 Degrees 00'48" East a distance of 74.05 feet to a 5/8 inch diameter iron pin on the southerly boundary of said Lot 7; thence along said southerly boundary the following described courses; Thence 52.03 feet along the arc of 50.00 foot radius curve left, said curve having a central angl~ of 59 Degrees 37'17" and a long chord bearing South 75 Degrees 01124" West a dist~nce of 49. 71 feet to a 5/8 inch diameter iron pin; thence 15.50 feet along the arc of a 20.00 foot radius curve right, said curve having a central angle of 44 Degrees 24'55" and a long chord bearing South 67 Degrees 24'51" West a distance of 15.12 feet to a 5/8 inch diameter iron pin; thence South 89 Degrees 37'18" West a distance of 158.69 feet to the point of beginning. 2. That t~e above named applicant is granted a conditional use permit for a temporary office trailer, located at 2204 Lanark Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 BY JAMES AllyIONElTO / CUP-OO-024 ( /' ~, 2.1 Sanitary sewer and water to this facility would be via existing service . lines. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.2 No signage was submitted, and none is approved with this application. Sign age shall be subject to design review and shall require separate permits. No temporary banners, flags, or sign age will be approved under this conditional use permit. 2.3 The applicant shall be required to meet the setbacks of the 1-L zone. The temporary building shall be located a minimum of 35 feet from the front property line. 2.4 The Evans Drain and Grubber Lateral are within/adjacent to the northern portion of the property. The Evans Drain is the same drain that abuts R. C. Will ey and Wheel City. City Ordinance 12-4-13 requires the piping of all existing irrigation/drainage ditches. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, . with written confirmation of said approval submitted to the Public Worles Department. Unless othervvise approved by City Council, the applicant shall be required to submit a bid for the tiling and a letter of credit or cash in the amount of 110% of the cost of piping prior to obtaining occupancy of the temporary building. 2.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.6 No trash enclosure is shown on the plan. Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a temporary Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence. 2.7 Submit a letter of plan approval from Ada County Highway District when applying for a temporary Certificate of Zoning Compliance. ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 BY JAMES AIMONETTO / CUP-OO-024 2.8 Future construction of the permanent building shall meet all Ordinance requirements in existence at the time the building permit is applied for. 2.9 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall be submitted and approved by the Zoning Administrator for any new owners/tenants. 2.10 Provide the Public Worles and Fire Departments with information on the method of fire protection to be used for the modular trailers. 2.11 Applicant shall obtain a temporary Certificate of Zoning Compliance and Occupancy Certificate for the modular trailers. 2.12 A maximum twelve (12) month time extension (starting from date of occupancy) shall be allowed. 2.13 This parcel is adjacent to the Union Pacific Railroad. This corridor is designated as a multiple use pathway in the Meridian Comprehensive Plan. Future plans to be submitted with the application for building permit shall need to incorporate landscaping along this corridor. 2.14 The numbered notes shown do not match the site plan. When applying for a temporary Certificate of Zoning Compliance, submit revised plan to correct errors and incorporate additional conditions of approval. Adopt the Recommendations of the Central District Health Department as follows: 2.15 Applicant shall submit plans to CDHD for a food establishment. 2.16 . Applicant shall contact Steve Elmer at CDHD for a preliminary plan review of perishables storage area. Adopt the Recommendations of the Fire Department as follows: 2.17 The lot shall withstand a 70,000 lb. Emergency vehicle. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 BY JAMES AIMONElTO / CUP-OO-024 Adopt the Recommendations of the Ada County Highway District as follows: 2.18 Future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. The above conditions are concluded to be reasonable and the applicant shall meet su.ch requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-1 7 -8, a copy of which is attached to this permit. ~i6- day . - 5 v 61) --R:6ert-B:---Ge>rrie--;-M-ayor City of Meridian __ /6:J/-A.. 8/rd. -fJre.rt'd~lt--re/~ .{!()Un~ Copy served upon Applicant, the Planning and Zoning Department, Public W orl(s \ \\1uffUf"" Department' nd City Attorney. ,,,,,,,' ~ ~"111', " ...c''' V' 1'~ ,\; ~ " ~ - Dated: ?.-/~--tJtJ~';- C; ~~% ~ \ fill' ~ ~ t: By City Clerk E - ..,... g/Z: \ W ork\M\Meridian 153 60M\Aimonetto CUP\CUPOrder024 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 BY JAMES AIMONElTO / CUP-OO-024 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MAlTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT IN I-L ) ZONE FOR SECOND BUILDING ) LOCATED AT 199 N. LINDER ) ROAD, MERIDIAN, IDAHO ) ) TERRACEPLAZA,LLC ) APPLICANT. ) ) 06-28-00 Case No. CUP-OO-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on June 20,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Susan Wildwood, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and tal(en oral and written testilnony, and having duly considered the matter, the City Council hereby malces the follovving Findings of Fact, Conclusions of Law and Decision and Order to-vvit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 1 ( FINDINGS OF FACT 1. A notice of a public hearing 011 the conditional use pennit was published for two (2) consecutive weel<.s prior to the said public hearing scheduled for June 20,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record 'Within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and 'With the notice of public hearing having been posted upon the property under consideration more than one weelc before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 20, 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 conunents and submit evidence. 2. There has been compliance 'With all notice and hearing requirements set forth in Idaho Code s67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed 'With the staff report. 3. This proposed development request is in an 1- L zone, by reason of the provisions of the Meridian City Code S 11-1 7 -4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP..OO-025) .. 2 / 4. ; The property is located at 199 N. Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Terrace Plaza, LLC of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7 -2. 8. The proposed application requests a conditional use pennit for a planned unit development to construct a second building on a lot. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use pennit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed ap.plication is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as detennined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. . Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRAC:q PLAZA, LLC ZONED I-L / (CUP-OO-025) - 3 ( facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements.. 12.2 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. 12.3 ' Outside lighting shall be designed and placed so as to not direct illwnination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 12.5 Detennine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 12.6 All construction shall conform to the requirements of the Alnericans with Disabilities Act. 12.7 Sanitary sewer and water service to this site is planned to be provided by extending services from the existing mains installed adjacent to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED looL / (CUPooOOoo025) oo 4 subject site. Applicant to coordinate routing and placement of lines with Public Works Department. 12.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 12.9 Applicant is proposing to add three (3) new planters in the parking lot south of the proposed building and a landscape strip on the west end of the new parking lot. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 12.1 0 As a PD, a minimum of 1 0% of the gross land area must be open space. The City has typically allowed commercial and industrial uses to include landscape buffers/planters to meet this minimum. The total site area is 101,059 sq. ft., so the minimum required landscape area is 10,106 sq. ft. The Applicant has calculated the total landscape area as 19,493 sq. ft., which exceeds the ordinance requirement. 12.11 The 9.51' gravel bed at the west end of the proposed building is for the drainage for the north side. Shrubs, trees and/or sod in this area is required to provide a cooler effect on the building and to soften the aesthetics of the solid west elevation for any future development to the west. 12.12 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. The "Project Information" box on the Site/Landscape Plan (Sheet T-1) cites a total of 49,866 s.f. of asphalt area, which requires 33 trees (total site). Only 27 trees are provided. A minimum of six (6) additional trees must be added, which may be added anywhere on the 2.32-acre site. One option for the Applicant to consider is the west end of the building cited in 12.11above. A revised, detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 12.13 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRAC~ PLAZA, LLC ZONED I-L / (CUP-OO-025) - 5 I j Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.14 Applicant has stated the only signage they intend for the new building will be limited to address listings of the tenant bays. If proposed as a new, free-standing sign, it must be placed outside any sight triangles along Linder Road and be limited to a low profile, monument type sign. A separate application for a sign pennit is required. 12.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Two (2) handicap stalls and access aisle on the south parldng row shall be relocated to the north parldng row, west of the center planter, to provide a more direct, unobstructed access to the tenant units. There are ten (10) building units. Should future tenants in the westernmost unit require handicap accessibility, it would be more than 165 feet from the south row to access this unit. Adopt the Reconunendations of the Meridian Fire Department as follows: 12.16 All codes will have to be met. 12.17 A hydrant will have to be added west. Adopt the Recormnendations of the Central District Health Department as follows: 12.18 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. 12.19 Run-off is not to create a mosquito breeding problem. 12.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.21 The Engineers and architects involved with the design of the subject . project shall obtain current best management practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 6 disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of Sanitary SeIVices as follows: 12.22 Dumpster enclosure has adequate vvidth but needs more depth. Adopt the Recommendation of Nampa & Meridian Irrigation District: 12.23 All storm water is to be retained on site. 13. The proposed uses vvithin the subject application will be harmonious vvith and in accordance vvith the Meridian Comprehensive Plan and the City of ~eridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed vvithin the subject application subject to the conditions herein ordered vvill be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that suqh uses vviil not change the intended essential character of the same area. 15. The uses proposed vvithin the subject application vvill not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed vvithin the subject application vvill be served adequately by central public facilities and seIVices such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 7 (~ 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol<e, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized und"er the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP..OO..025) .. 8 allowed with conditions under the specific provisions of the ordinance which the City of Meridian. has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17 -3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways~ streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, slnolce, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 9 [' 5. Prior to granting a conditional use permit in a Light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian Zoning and .Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. " 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application $hall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1,7-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-00-025) - 10 ( ( 7. When the City Council approves a conditional use pennit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use pennit a planned unit development for second building, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 11 (-- Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements.. 1.2 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557. 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.3 O'utside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 1.5 Detennine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.6 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.7 Sanitary sewer and water service to this site is planned to be provided by extending services from the existing mains installed adjacent to the subject site. Applicant to coordinate routing and placement of lines with Public W or1es Department. 1.8 Assessment fees for water and sewer service are detennined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 1.9 Applicant is proposing to add three (3) new planters in the parking lot . south of the proposed building and a landscape strip on the west end of FINDINGS OF Fi\CT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 12 ( the new parldng lot. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 1.10 As a PD, a minimum of 10% of the gross land area must be open space. The City has typically allowed conunercial and industrial uses to include landscape buffers/planters to meet this minimum. The total site area is 101,059 sq. ft., so the minimum required landscape area is 10,106 sq. ft. The Applicant has calculated the total landscape area as 19,493 sq. ft., which exceeds the ordinance requirement. 1.11 The 9.51' gravel bed at the west end of the proposed building is for the drainage for the north side. Shrubs, trees and/or sod in this area is required to provide a cooler effect on the building and to soften the aesthetics of the solid west elevation for any future development to the west. 1.12 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. The "Project Information" box on the Site/Landscape Plan (Sheet T-l) cites a total of 49,866 s.f. of asphalt area, which requires 33 trees (total site). Only 27 trees are provided. A minimum of six (6) additional trees must be added, > which may be added anywhere on the 2.32-acre site. One option for the Applicant to consider is the west end of the building cited in 12.1 1 above. A revised, detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 1.13 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.14 Applicant has stated the only signage they intend for the new building will be limited to address listings of the tenant bays. If proposed as a new, free-standing sign, it must be placed outside any sight triangles along Linder Road and be limited to a low profile, monument type sign. A separate application for a sign pennit is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 13 ~-- ( 1.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Two (2) handicap stalls and access aisle on the south parking row shall be relocated to the north parl<ing row, west of the center planter, to provide a more direct, unobstructed access to the tenant units. There are ten (10) building units. Should future tenants in the westernmost unit require handicap accessibility, it would be more than 165 feet from the south row to access this unit. Adopt the Recommendations of the Meridian Fire Department as follows: 1.16 All codes will have to be met. 1.1 7 A hydrant will have to be added west. Adopt the Recommendations of the Central District Health Department as follows: 1.18 The Applicant's central sewage and central water plans must be sllbmitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.19 Run-off is not to create a mosquito breeding problem. 1.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.21 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of Sanitary SeIVices as follows: 1.22 Dumpster enclosure has adequate width but needs more depth. Adopt the Recommendation of Nampa & Meridian Irrigation District: 1.23 All storm water is to be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 14 { 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditiol1al use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City ClerIc and then a .copy served by the Clerk upon the applicant, the Planning and Zoning Departmen~, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 15 r ( ( NOTICE OF FINAL ACTION Pleas~ take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit Inay within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of J ~ ' 2000. ROLL CALL: .5 /-A- COUNCILMAN RON ANDERSON VOTED~4.- COU'NCILPERSON I<EITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED ~a....- VOTED~ COUNCILMAN CHERIE McCANDLESS -- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: /---~ ,-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 16 ( ( MOTION: APPROVED:--1Z.f2- . 1l/r:J-[() DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W orles Department and the City Attorney. Dated: ? -- S ...-.{} () By. City Clerk msg/Z:\Work\M\Meridian I 5360M\Terrace Plaza CUP\CUPFindings025.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 17 ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATfER OF THE APPLICATION OF ) TERRACE PLAZA, LLC, FOR A CONDITIONAL) USE PERMIT FOR A PLANNED UNIT ) DEVELOPMENT IN I-L ZONE FOR SECOND ) BUILDING LOCATED AT 199 N. LINDER ) ROAD, MERIDIAN, IDAHO ) ) ) 06-28-00 CASE NO. CUP-OO-025 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 20th day of June, 2000, under the provisions of Meridian City Code ~ 11-17 -4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council talces the following action: 1. That the Applicant of the property is granted a conditional use permit for a planned unit development for second building, the proposed application request of a conditional ,use permit for the construction, development, maintenance and use for a planned unit development for second building, as described in the "SITE / LANDSCAPE! DRAINAGE PLAN, DATED: MARCH, 2000, DRAWN: D.H., SHEET T-I, LINDER INDUSTRIAL PROJECT, for the development of the aforementioned planned unit development for a unit development consisting of a second building and which property is described as: A parcel of land being a portion of the Southeast Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly: described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 ( Beginning at an iron pin marldng the Southeast corner of the Southeast Quarter of Section II, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho; thence along the Easterly boundary of the said Southeast Quarter of Section 11, which is also the centerline of Linder Road, North 00 degrees 58'55" West 575.30 feet (formerly North 01 degrees 01'45" West) to a P.I(. nail, said P.I(. nail being the Real Point of Beginning; thence continuing along said Easterly boundary and centerline, North 00 degrees 58'55" West 182.50 feet (formerly North 01 degrees 01'4511 West) to a P .1(. nail ; thence leaving said Easterly boundary and centerline South 00 degrees 01'05" West 598.49 feet to an iron pin; thence South 00 degrees 58'55" East 182.50 feet (formerly South 01 degrees 01'45" East) to an iron pin; thence North 89 degrees 01'05" East 598.49 feet to the Point of Beginning. EXCEPTING THEREFROM: A parcel of land for public right-of-way being a portion of the Southeast Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an iron pin marldng the Southeast corner of the Southeast Quarter of Section 1.1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence North 00 degrees 58'55" West, 575.30 feet along the Easterly boundary of the said Southeast Quarter of Section 11, which is also the centerline of Linder Road to the Real Point <?f Beginning of this description; thence continuing along said Easterly boundary and centerline North 00 degrees 58'55" West, 182.50 feet to a P.I(. nail; thence leaving said: Easterly boundary and centerline South 89 degrees 01'05" West, 45.00 feet to a point; thence South 00 degrees 58'55" East, 182.50 feet to a point; thence North 89 d~grees 01'05" East, 45.00 feet to the Real Point of Beginning of this description. 2. That the above named applicant is granted a conditional use permit for a planned unit development for second building, located at 199 N. Linder Road, Meridian, I~aho, subject to the following conditions of use and development: ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 ( Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Off-street parking shall be provided in accordance with Section 11- 13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4 and in accordance with Americans with Disabilities Act (ADA) requirements. . 2.2 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. 2.3 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2.5 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 2.6 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.7 Sanitary sewer and water service to this site is planned to be provided by extending services from the existing mains installed adjacent to the subject site. Applicant to coordinate routing and placement of lines with Public W orl(s Department. 2.8 Assesslnent fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 2.9 2.10 2.11 . 2.12 2.13 ( into a Re-Assessment Agreement with the City of Meridian for all commercial uses. Applicant is proposing to add three (3) new planters in the parldng lot south of the proposed building and a landscape strip on the west end of the new parking lot. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. As a PD, a minimum of 1 0% of the gross land area must be open space. The City has typically allowed commercial and industrial uses to include landscape buffers/planters to meet this minimum. The total site area is 101,059 sq. ft., so the minimum required landscape area is 10,106 sq. ft. The Applicant has calculated the total landscape area as 19,493 sq. ft., which exceeds the ordinance requirement. The 9.51' gravel bed at the west end of the proposed building is for the drainage for the north side. Shrubs, trees and/or sod in this area is required to provide a cooler effect on the building and to soften the aesthetics of the solid west elevation for any future development to the west. One (I) three-inch (3") caliper tree is required per 1 ,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. The "Project Information" box on the Site/Landscape Plan (Sheet T-I) cites a total of 49,866 s.f. of asphalt area, which requires 33 trees (total site). Only 27 trees are provided. A minimum of six (6) additional trees must be added, which may be added anywhere on the 2.32-acre site. One option for the Applicant to consider is the west end of the building cited in 12.11 above. A revised, detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.14 Applicant has stated the only signage they intend for the new building will be limited to address listings of the tenant bays. If proposed as a new, free-standing sign, it must be placed outside any sight triangles along Linder Road and be limited to a low profile, monument type sign. A separate application for a sign permit is required. 2.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Two (2) handicap stalls and access aisle on the south parking row shall be relocated to the north parking row, west of the center planter, to provide a more direct, unobstructed access to the tenant units. There are ten (10) building units. Should future tenants in the westernmost unit require handicap accessibility, it would be more than 165 feet from the south row to access this unit. Adopt the Recommendations of the Meridian Fire Department as follows: 2.16 All codes will have to be met. 2.17 A hydrant will have to be added west. Adopt the Recommendations of the Central District Health Department as follows: 2.18 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. 2.19 Run-off is not to create a mosquito breeding problem. 2.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 2.21 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of Sanitary Services as follows: 2.22 Dumpster enclosure has adequate width but needs more depth. Adopt the Recommendation of Nampa & Meridian Irrigation District: 2.23 All storm water is to be retained on site. 3. Th~ above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-1 7-8, a copy of which is attached to this permit. 54 day of By Dated: /../ yt:? 0 msg/Z:\Work\M\Meridian 15360M\Terrace Plaza CUP\CUPOrder25 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6 BY TERRACE PLAZA, LLC / CUP-OO-025 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 40-UNIT ) APARTMENT COMPLEX, ) PENN STATION APARTMENTS ) ZONED R-15 LOCATED SOUTH ) OF FAIRVIEW, EAST OF ) STONEHENGE WAY, ) MERIDIAN, IDAHO ) ) PANGAEA LAND PLANNING ) APPLICANT. ) ) 06-27 -00 Case No. CUP-OO-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 20, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Daren Flul(e, appeared and testified, and appearing and testifying with comments/concerns or in opposition were: Laura Jones, Matthew Glencoe and Ron McClaren, and the City Council having duly considered the evidence anS! the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 1 ( Inatter, the City Council hereby mal<es the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weel<s prior to the said public hearing scheduled for June 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been dilly considered by the City Council at the June 20, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP..OO..028) .. 2 ~ ' 3. This proposed development request is in R-TIR-l by Ada County, by reason of the provisions of the Meridian City Code S 11-17 -4, a public hearing was required before the City Council on this application. 4. The property is located south of Fairview, east of Stonehenge Way, Meridian, Idaho. 5. The owner of record of the subject property is Centers Construction of Meridian. 6. Applicant is Pangaea Lane Planning of Boise, Idaho. 7. The subject property is currently zoned R-TIR-l by Ada County. There is an applicant before the City Council for annexation and R-15 zoning The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 40-unit apartment complex. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 3 ( conditional use as detennined by City Ordinance. 11. The Meridian City Council additionally takes note of the Planning and Zoning Commission's recognition and notation of the comments of Fasterben, McNit, Plenko, Powers, and Billings. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision-and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development vvill not impose expense upon the public if the follovving conditions of development are imposed and the follovving is also found to be' required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property vvithin the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering staff (modified by the Planning and Zoning Commission) as follows: 13.1 Driveway vvidth vvill be 25-feet. Applicant submitted a letter of comment dated ]u11e 20,2000, which states all driveways are shown on the dravving (and the driveway cross section are dimensioned at 251 in vvidth. Provision of Maintenance Building: The owner/developer of the project shall contract vvith a professional landscape maintenance company for the maintenance of all the facilities, and therefore vvill not be required to have a storage facility on site for storage of maintenance equipment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 4 ( J Provision of RV/Boat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. 13.2 Off-street parldng shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13.3 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance~and in accordance with Americans with Disabilities Act (ADA) requirements. 13.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 13.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 13.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be pennitted. 13.7 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 13.8 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 13.9 Handicap parl<ing, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 5 13.10 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. 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. 13 .11 Water service to this site will be via extensions from extensions of an existing main in Stonehenge Way. 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 W orl(s Department. Provide the Public worles department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 13.12 Assessments for sewer and water service are detennined during the building pennit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 13.13 Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shall be required at locations designated by the Public W orles Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 13.14 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primal)' source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public W orles Department. The Public W orles Department must approve an irrigation plan before any Building Pennits are issued. 13.1 ~ Applicant has indicated the pressurized irrigation system within this . development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 6 irrigation system shall be reviewed by the Public W orles 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 water. If a creelc 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 asseSSlnents for the entire common open area. 13.16 The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. 13.17 The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. 13.18 The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. 13.19 The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. , Applicant shall provide seven (7) additional parking spaces to accommodate visitor parking. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parking spaces. 13.20 All drive-ways shall be 25-feet in width and shall be posted so that parl<.ing which would block the drive-ways will be prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 7 13.21 The Meridian Fire Department shall approve the proposed 15-foot wide one- way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire trucl< access. 13.22 Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. 13.23 Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high- density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. 13.24 Proposals for Planned Unit Developments must include a minimum often percent common area. Conunon open space shall mean land area space exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No calculations for open space were submitted with the application. The applicant shall present the calculations to the Conunission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as conunon open space for all should be counted. 13.25 The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parl<.S. 13.26 The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) 13.27 The proposed 6' X 4' entry signage for the project shall be placed outside of a .40' X 40' clear sight triangle, measured from the projected intersection of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 8 Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. Adopt the Recommendations of the Ada County Highway District as follows: 13.28 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be detennined by ACHD Construction Services staff. 13.29 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13.30 Locate site driveway 35-feet north of the south property line. 13.31 Pave the site driveway access to Stonehenge to its full-required width of 24 to 3D-feet and 3D-feet beyond the edge of pavement with IS-foot radii pavement tapers abutting the existing roadway edge. 13.32 In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 13.33 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 13.34 Only one egress and ingress into this project. 13.35 All trash and weed will need to be cleaned up on common areas. 13.36 No parking of vehicles or trailers in cul-de-sac. Adopt the Recommendations of the Central District Health Department as follows: 13.31 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 9 13.38 Run-off is not to create a mosquito breeding problem. 13.39 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 13.40 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. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "MixedIPlanned Use Development". 15. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16. . The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 1 7. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R..15 / (CUP..OO..028) .. 10 detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67 -6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othelWise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-I5 / (CUP-OO-028) - II 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17 -3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. "ViII not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, actIVItIes, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol<e, fumes, glare or odors; h. ~ Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published a~d provided to property owners or purchasers of record within three hundred FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 12 feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or lTIodify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved" approved with conditions or denied. The Commission shall ensure that any approval or. approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State:law. (Meridian City Code 9 11-17-6) 7. : When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 13 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use pennit for 40-unit apartment complex, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff (modified by the Planning and Zoning Commission) as follows: 1.1 Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20,2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the project shall contract with a professional landscape maintenance company for the maintenance of all the facilities, and therefore will not be required to have a storage facility on site for storage of maintenance equipment. Provision of RV/Boat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 14 Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. 1.2 O'ff-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.3 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 1.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 1.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.7 Provide five-foot wide pedestrian wallevvays in accordance with City Ordinance. 1.8 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 1.9 Handicap parldng, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair HousingAct (FHA). For example, if covered parId ngis provided, at least one must be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. 1.1 0 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R..15 / (CUP..OO-028) .. IS t \ and routing with the Public Warks Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.11 Water selVice to this site will be via extensions from extensions of an existing main in Stonehenge Way. 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 W orl<.s Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water selVice to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 1.12 Assessments for sewer and water selVice are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.13 Two-hundred-fifty- and 1 OO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.14 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primal)' source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The Public Warks Department must approve an irrigation plan before any Building Permits are issued. 1.15 Applicant has indicated the pressurized irrigation system within this . development is to be owned and maintained by the developer. If the systeln is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 16 ( (\ ..- 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 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. 1.16 The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. 1.17 The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. 1.18 The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. 1.19 The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. Applicant shall provide seven (7) additional parking spaces to accommodate visitor parldng. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parldng spaces. 1.20 All drive-ways shall be 25-feet in width and shall be posted so that parldng which would block the drive-ways will be prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 17 ( 1.21 The Meridian Fire Department shall approve the proposed IS-foot 'Wide one- way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot 'Wide drive aisles for fire truck access. 1.22 Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in vvriting that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. 1.23 Design tiling the Flume Canal and leaving the Settlers Canal untiled, 'With a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high- density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. 1.24 Proposals for Planned Unit Developments must include a minimum often percent common area. Common open space shall mean land area space exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units 'Within the PD. No calculations for open space were submitted 'With the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. 1.25 The stormwater detention area must be designed 'With slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. 1.26 The design is for one way in and out, 'With no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible 'With the constraints of the site. (An issue for Commission and Council to consider.) 1.27 The proposed 6' X 4' entry signage for the project shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) .. 18 (' ( Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed "Within the sight triangle. Adopt the Recommendations of the Ada County Highway District as follows: 1.28 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way "With new curb, gutter and/or concrete sidewallc to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 1.29 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.30 Locate site driveway 35-feet north of the south property line. 1.31 Pave the site driveway access to Stonehenge to its full-required "Width of 24 to 30-feet and 3D-feet beyond the edge of pavement "With 15-foot radii pavement tapers abutting the existing roadway edge. 1.32 In accordance "With District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 1.33 Other than the access point( s) specifically approved "With this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required "With this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 1.34 Only one egress and ingress into this project. 1.35 All trash and weed will need to be cleaned up on common areas. 1.36 No parking of vehicles or trailers in cul-de-sac. Adopt the Recommendations of the Central District Health Department as follows: 1.37 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 19 ( 1.38 Run-off is not to create a mosquito breeding problem. 1.39 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groundwater and surface water quality. 1.40 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerl( and then a copy served by the ClerIc upon the applicant, the Planning and Zoning Department, the Public Warks Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) - 20 [' ( \ decision and order seel< a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 56 day of d~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED $a-- COUNCILPERSON lCEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED tJca- (j COUNCILMAN CHERIE McCANDLESS VOTED*, MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 7--5--00 VOTED MOTION: APPROVED:tL DISAPPROVED: 1~5./7/J Copy served upon Applicant, Planning and Zoning Department, Public ~()rl&.\~I~lflJ/'lllllll. ", ~ U 1,.1' Department and the City Attorney. ~"....cY 0 ,~:1-~ ~ c,ov.P ~h ~y ~ By:JI~~~l9v Dated: 7--~-OP ~ ~~! City Clerk (/ .::: msglZ:\Work\M\Iv1eridian 15360M\Penn Station AZ & CUP\CUPFindings028.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-OO-028) - 21